If you operate a fleet of vehicles on the Exchange with employees and subcontractors, your legal responsibility doesn't stop at your own workforce. Under current UK law, you can be held liable for right-to-work failures further down your supply chain: and upcoming legislation is set to make this even more explicit.
Why this matters to you
Many carriers assume that right-to-work compliance is solely the responsibility of their subcontractors. It isn't. If the Home Office determines that you exercise control over how subcontractors' drivers work, or that your contracting structure was designed to avoid compliance responsibilities, liability can flow directly to you: regardless of what your contracts say.
Key risk factors
You may be treated as the employer if:
You supervise, direct, or control the day-to-day work of subcontractor drivers
Your subcontractor is not considered a genuine independent business, but effectively a labour provider
You have not taken active steps to verify that your supply chain is compliant
The risks of getting this wrong are serious:
Civil penalties of up to £60,000 per illegal worker
Criminal liability, including potential imprisonment, if you knew or had reasonable cause to believe a worker did not have the right to work in the UK
Reputational damage, including loss of contracts and potential suspension of sponsor licences
Legislation is changing
Upcoming changes in 2025/2026 are set to close longstanding loopholes by explicitly extending right-to-work liability to businesses that engage subcontractors and gig economy workers. Simply assuming your subcontractors have carried out the necessary checks will no longer be a viable defence.
How Trustd Driver Management helps
Trustd Driver Management gives you the tools to verify and monitor compliance across your driver network: both employees and subcontractors, in one place. By using Driver Management, as a fleet manager you have the tools to review your drivers compliance before they represent you on the road, protecting your business from penalties, criminal exposure, and reputational harm.
Don't wait for legislation to catch up with your risk. Get ahead of it with Driver Management.