The government is currently consulting on a proposal to extend the Right to Work (RtW) Scheme so that it applies not only to traditional employees, but also to people working on more flexible arrangements—such as limb (b) workers, casual staff, and those on zero-hours contracts. In simple terms, they want to make sure that anyone working in the UK, no matter how they’re engaged, has had their right to work checked properly.
At FCSA, we welcome this consultation and the chance to share our views. Our members already carry out RtW checks for hundreds of thousands of employees every year, so we understand what good compliance looks like—and what it takes to make these systems work in real time and at scale.
Why the Government Is Looking to Extend the Scheme
The goal behind the proposals is to:
- reduce illegal working
- strengthen protections for vulnerable workers
- make the labour market fairer and more resilient
- ensure everyone has to meet the same compliance standards
Right now, different engagement models have different obligations, which leaves gaps in the system and creates opportunities for less scrupulous operators to cut corners. By extending the RtW Scheme, the government hopes to level things out.
Why FCSA Supports the Proposal
Overall, we’re strongly supportive. A consistent approach to RtW checks will help protect workers from exploitation and remove loopholes that allow non-compliant businesses to gain an unfair advantage. Umbrella employers are already held to high standards, so making sure everyone else plays by the same rules is good for workers, good for clients, and good for the industry.
For supply chains that often involve recruitment agencies, umbrella employers, and end clients, clear RtW rules also make it easier for everyone to know where they stand.
But Policymakers Must Recognise the Real-World Challenges
While we support the direction of travel, we’re also keen for policymakers to understand the practical realities of the temporary labour market—particularly the role umbrella companies play.
Umbrella employers often take workers on at extremely short notice, sometimes for same-day assignments. That means RtW checks need to be fast, digital, and easy to carry out. If the process is too rigid or unclear, it could delay placements or even prevent people from taking legitimate work.
We’re also highlighting the cost and technology demands of digital RtW systems, especially for smaller providers, along with the need for proportionate record-keeping expectations.
Our Message to Government
We support the aim of extending the RtW Scheme—but it must be practical, clear, and designed with the realities of flexible work in mind. The temporary labour market is essential to the UK economy, and umbrella companies help keep it moving. With the right guidance in place, the new rules can improve compliance without disrupting workers or businesses.
FCSA will continue working with government to help shape a system that is fair, effective, and workable for everyone involved.
You can read the full response to the consultation here
