From 1 October 2026, right to work obligations are expected to apply more widely than they do at present. Image credit: Shutterstock.
The Government is expanding the UK's right to work checking regime from 1 October 2026. These changes may affect musicians working in theatre and potentially other sectors of the music industry where deputy ("dep") arrangements are used.
This guidance explains what the changes are likely to mean for MU members based on the current Home Office draft guidance. As the guidance has not yet been finalised, the position could still change before the new regime comes into force.
What is changing?
From 1 October 2026, right to work obligations are expected to apply more widely than they do at present.
The new rules are intended to extend beyond traditional employees and may cover individuals working under "worker" arrangements. This could include many musicians, even where they are treated as self-employed for tax purposes.
The Government is also introducing new rules dealing with situations where somebody sends a substitute to perform work on their behalf.
These changes are particularly significant for musicians because dep arrangements are common.
Which MU members are likely to be affected?
The Home Office's current view appears to be that musicians engaged under some MU collective agreements may fall within the expanded right to work regime because the arrangements contain a number of features commonly associated with worker status, including agreed rates of pay, scheduled working hours and integration into productions.
As a result, engagers are likely to be required to carry out prescribed right to work checks before musicians start work.
What about deps?
The biggest issue for MU members is likely to be the treatment of deputy musicians.
Historically, a dep has often been arranged directly between a regular or contracted player and the substitute musician, with little formal involvement from the engager beyond notification or approval. This is particularly common in the theatre sector, for example.
The Home Office's draft guidance suggests that engagers may nevertheless be legally responsible for ensuring that deps have the right to work in the UK. This is because the new rules contain "extended liability" provisions covering arrangements where one individual is permitted to send a substitute to perform work on their behalf.
In practical terms, this means engagers may no longer be able to assume that dep arrangements sit entirely between the contracted player and the substitute.
Do MU members have to carry out right to work checks on their deps?
The current draft guidance suggests that theatres or other engagers should take primary responsibility for the checking process.
Importantly, the guidance states that responsibility for right to work checks on substitutes should not simply be delegated to the individuals carrying out the work. The safest interpretation of the guidance is that engagers should undertake or manage the checking process themselves rather than relying on musicians to carry it out.
This means MU members should not assume that they are expected to become immigration compliance officers for their engagers!
However, members should expect engagers to become more involved whenever a dep is used and seek confirmation from the engager that they will carry out the right to work checks. If there is any uncertainty, members should seek support and guidance from the MU.
Will using deps become more complicated?
Potentially, yes.
Many engagers may need to introduce more formal procedures to ensure compliance with the new regime.
This could include:
- Requiring advance notification when a dep is being used.
- Obtaining right to work evidence from dep musicians before performances.
- Verifying the identity of dep musicians on arrival.
- Keeping records of right to work checks.
- Updating contracts and collective agreement arrangements to address compliance responsibilities. This is something the MU will of course handle with our members’ interests in mind.
Members who currently arrange deps at very short notice may therefore find that engagers require more advance information than has historically been the case. Members should ask their engager to confirm what procedures they have in place.
What should I do if I need a dep?
While final guidance is awaited, members should consider the following practical steps:
If you are arranging a dep:
- Tell the engager, fixer or musical management team as early as possible.
- Check whether the engager has introduced any new right to work procedures.
- Make sure your dep understands that they may be asked to provide right to work documentation before performing.
- Do not assume that a dep can attend a performance without prior approval or compliance checks.
If you are acting as a dep:
- Be prepared to provide evidence of your right to work in the UK.
- Respond promptly to requests from engagers or fixers for documentation.
- Bring appropriate identification if requested.
- Allow sufficient time for any checking process to be completed before the performance.
What is the role of fixers?
Many productions use fixers to engage musicians or administer orchestra personnel.
The draft guidance indicates that productions may ask fixers to carry out right to work checks on their behalf. However, even where checks are delegated, the engager themselves are likely to remain legally responsible for compliance.
Members may therefore increasingly encounter requests for documentation from fixers acting on behalf of engagers.
What types of work might this affect?
Dep arrangements are common throughout the music industry.
The Home Office guidance is not sector-specific. Issues could arise in:
- Live music engagements
- Theatre
- Session work
- Teaching
- Touring work
- Orchestras
- Other freelance music engagements where substitution is permitted.
For this reason, the MU will continue to monitor developments and consider the wider implications for members working across different sectors.
What happens if the rules are not followed?
The penalties for illegal working can be significant.
Under the new regime, organisations may face civil penalties of up to £60,000 per worker in appropriate cases. Serious breaches may also carry criminal consequences.
These potential liabilities are one reason many organisations are now reviewing their existing dep arrangements and compliance processes.
Key points for MU members
- The right to work regime is expected to expand from 1 October 2026.
- Musicians engaged under collective agreements may fall within the new framework.
- Engagers are likely to be responsible for carrying out right to work checks on musicians and deps. They may delegate this to fixers.
- Members should not assume they will personally be responsible for conducting immigration checks on their deps.
- Engagers may introduce new procedures requiring earlier notification of deps and advance compliance checks.
- The changes could affect dep arrangements across several sectors of the music industry.
- The guidance remains in draft form and the final position may still change before implementation.
The Musicians' Union is continuing to monitor developments and engage with industry stakeholders.
Members should keep an eye on future MU updates as further guidance becomes available and the Home Office publishes its final right to work guidance.