leyla@executiveva.co.uk

If your consultancy works with associate psychologists, coaches or other independent professionals, there has been an important change to Right to Work requirements that came into effect on 1 October 2026.

While the changes won't affect every consultancy in exactly the same way, they are a good reason to review how associates are engaged, onboarded and managed within your business.

Many psychology and coaching consultancies deliver work through a trusted network of associates. You might hold a contract with a local authority, employer or other organisation and then engage independent professionals to deliver assessments, coaching, development programmes or specialist services on your behalf.

It's a flexible and effective way of working, but the recent changes to Right to Work rules mean it's worth checking that your processes still reflect current requirements.

What changed?

Until recently, Right to Work checks were mainly associated with employers hiring employees.

From 1 October 2026, the rules were expanded to cover additional working arrangements, including:

• Individuals engaged under a worker's contract
• Individual subcontractors in certain arrangements
• Some online matching platforms that connect service providers with clients

The aim is to help prevent illegal working across a wider range of working arrangements, rather than focusing solely on traditional employment relationships.

It's important to note that this does not automatically mean every self-employed associate, freelancer or consultant now requires a Right to Work check.

Whether the rules apply depends on the nature of the arrangement, how services are delivered and the contractual structure involved.

For most consultancy owners, the key message is simple:

If you work with associates or subcontractors, now is a sensible time to review your onboarding and compliance processes.

Why might this matter for consultancies?

Let's take a common example.

A psychology consultancy wins a contract to deliver a programme for a client.

Rather than employing everyone directly, the consultancy engages associate psychologists, coaches or other specialists to deliver some or all of the work.

The arrangement might look something like this:

Client → Consultancy → Associate → Service Delivery

The consultancy remains responsible for delivering the service, but the work itself may be carried out by one or more associates.

Under the updated rules, some organisations involved in these types of arrangements may need to consider whether Right to Work responsibilities apply to them.

The exact position will depend on the structure of the arrangement and the specific circumstances involved, which is why it's important not to make assumptions based solely on whether someone is described as an "associate" or "self-employed".

So, do all associates need a Right to Work check now?

Not necessarily.

One of the biggest misconceptions around these changes is that every self-employed person automatically falls within the new requirements.

That's not the case.

The reality is that the answer depends on the working arrangement.

Simply calling someone an associate, freelancer or subcontractor doesn't automatically determine whether the rules apply. What matters is the nature of the relationship and how the work is actually delivered in practice.

For example, if your consultancy contracts with a client and then engages an individual subcontractor to personally carry out that work, it's worth reviewing whether the arrangement falls within the scope of the updated rules.

If your associates operate through their own limited companies, the position may be different again.

This is one of the reasons why legal, HR or immigration advice can be helpful where the position is unclear.

Who is responsible for carrying out checks?

This is one of the questions many consultancy owners are asking.

The answer isn't always straightforward.

Depending on the arrangement, more than one organisation may need to consider its responsibilities.

For example:

• A commissioning client may have responsibilities of its own.
• A consultancy engaging associates may need to consider whether checks are required.
• Other organisations involved in the delivery chain may also need to review their position.

What is important is not to assume that responsibility automatically sits with somebody else.

If you're relying on associates, subcontractors or other delivery partners, it's worth taking the time to understand what responsibilities apply to your own organisation.

What should consultancies do now?

For many businesses, this isn't about introducing a huge new administrative process.

It's about reviewing existing arrangements and making sure your onboarding and compliance procedures are fit for purpose.

1. Review how services are delivered

Start by mapping out how work is delivered within your consultancy.

Ask yourself:

• Who contracts with your business?
• How do associates become involved?
• Do associates personally deliver the work?
• Are there additional subcontracting arrangements involved?
• Who is responsible for onboarding and allocating work?

A simple diagram of your delivery model can often highlight areas that may need further review.

2. Review associate agreements and onboarding processes

Take a fresh look at the agreements and processes you already have in place.

Do they clearly reflect:

• The nature of the engagement?
• The responsibilities of each party?
• How compliance requirements are managed?
• What information is collected during onboarding?

It's also worth checking that your documentation reflects how the relationship works in practice, not just how it is described on paper.

3. Establish whether checks are required

Where arrangements fall within scope, any required Right to Work checks should be completed before work begins.

The Home Office provides several approved methods, including:

• Manual document checks
• Online Right to Work checks
• Approved digital verification services where applicable

The correct approach depends on the individual's circumstances, so it's important to refer to current guidance rather than relying on old processes or assumptions.

4. Keep good records

Where checks are required, keeping accurate records is just as important as carrying out the check itself.

A clear process should include:

• Recording when checks were completed
• Retaining the required evidence
• Tracking any follow-up requirements
• Storing information securely
• Limiting access to those who genuinely need it

As with any personal data, records should be handled in line with data protection requirements.

5. Update your onboarding checklist

If you already have an onboarding process for associates, this is a good opportunity to review it.

You may want to include:

• Questions that help establish whether checks are required
• A documented checking process
• Record keeping requirements
• Follow-up reminders where necessary
• Escalation routes for unusual or complex cases

The aim is to build compliance into your existing process rather than treating it as a separate task that can easily be overlooked.

6. Talk to your clients where appropriate

If you deliver services under contracts with local authorities, employers or other organisations, it may be worth discussing how responsibilities are managed.

Clarifying expectations early can help avoid confusion later and ensure everyone understands their role within the process.

7. Apply processes consistently

Whatever process you adopt, make sure it is applied consistently and fairly.

The focus should always be on following the appropriate checking process and treating people fairly and professionally.

What about long-standing associates?

If you've worked with some associates for years, it can be tempting to assume everything is already covered.

However, the October 2026 changes provide a useful opportunity to review existing arrangements.

If an engagement falls within the scope of the updated rules, you'll want to ensure any required checks have been completed correctly and that records are up to date.

It's generally best not to assume that an old passport copy, a previous client's approval or a check carried out years ago will automatically meet current requirements.

What if I only use an associate for a one-off or short-term client project?

Many consultancies bring in associates for specific pieces of client work rather than maintaining a large ongoing associate team.

For example, you might engage a specialist coach for a leadership programme, a psychologist for an assessment project or another consultant to support a short-term contract.

It can be tempting to assume that because the engagement is temporary or a one-off project, the Right to Work requirements won't apply.

However, the length of the engagement is not necessarily the deciding factor.

The updated rules focus on the nature of the arrangement and how services are delivered, rather than whether someone is working with you for a few weeks, a few months or on a single project. Whether any obligations apply will depend on the specific circumstances and contractual arrangements involved.

It's a good idea to apply a consistent onboarding process whenever you engage associates, even for short-term or one-off projects. This can help ensure that important checks, records and decisions are not overlooked when a project needs to be staffed quickly.

If you're unsure whether a particular arrangement falls within the scope of the updated rules, seek advice from a suitably qualified legal, HR or immigration professional to help clarify your position.

Keeping the process manageable

For most consultancies, the goal isn't to create more paperwork.

It's to have a clear, consistent process that supports compliance while remaining practical and proportionate.

A good starting point is to:

• Review how services are delivered.
• Identify arrangements that may require further assessment.
• Update onboarding processes where needed.
• Keep accurate records.
• Seek specialist advice where the position isn't clear.

In many cases, a few improvements to existing onboarding and administrative processes may be all that's needed.

How ExecutiveVA can help

Keeping on top of onboarding, documentation, due diligence and compliance processes can be time consuming, particularly when you're managing multiple associates, projects and client contracts.

I provide specialist virtual assistant, project management and operational support to psychology and coaching professionals and consultancies.

This can include helping to organise onboarding processes, coordinate documentation, maintain records, track outstanding actions and keep administrative processes running smoothly.

My role is not to provide legal or immigration advice. Instead, I help businesses put practical systems and processes in place so that important tasks don't get missed.

Further information

For the latest guidance, visit:

Home Office: Right to Work checks - employer's guide

Home Office: Employers' Right to Work checklist

GOV.UK: Checking a job applicant's right to work

GOV.UK: Employment status and rights checklist for employers and other engagers

Disclaimer: This article provides general information and awareness of the Right to Work changes that took effect on 1 October 2026. It is not legal, immigration or employment advice. Whether the rules apply to a particular arrangement will depend on the specific contractual structure and working practices involved. Consultancies should refer to current Home Office guidance and seek professional advice where appropriate.