Workers without work permission may still claim harassment under new protections
The Equality and Human Rights Commission says workers without valid permission to work may still bring harassment claims against their employers under strengthened protections in the Employment Rights Act. The guidance matters because it says an illegal employment contract will not normally prevent a tribunal from hearing such a claim, while employers must take “all reasonable steps” to prevent harassment.
The rules also cover harassment by third parties, such as customers or contractors, and potential compensation is uncapped if employers fail in their duties. The article cites a Malaysian migrant who lacked permission to work and received more than £5,000 in a separate discrimination case in September. The Government says the changes require employers to take stronger action to make workplaces safe.
In short
- Workers without valid permits may still bring harassment claims.
- Employers must take “all reasonable steps” to prevent harassment.
- A separate migrant worker discrimination case resulted in over £5,000.
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The case for
Workers without permission to work can still be vulnerable to harassment, and denying them access to a tribunal could leave serious misconduct without an effective remedy. The protections affirm that employers must take reasonable steps to keep workplaces safe, including from harassment by customers or contractors, and may encourage prevention where workers have little power to speak up.
The case against
Employers may argue that extending employment protections to people working unlawfully complicates the boundary between workplace rights and immigration rules, and could create uncertainty about liability under contracts that are not legally enforceable. They may also contend that uncapped compensation and broad duties to prevent third-party harassment risk disproportionate costs, especially where employers have limited control over customers or contractors.
Explained simply
The Employment Rights Act sets duties for employers to prevent harassment at work. The Equality and Human Rights Commission issues guidance on how these duties apply, including when a worker lacks permission to work in the UK.
A tribunal is a body that hears workplace disputes. An invalid employment contract will not normally stop it hearing a harassment claim, and the protections can cover harassment by customers or contractors as well as by colleagues. Employers must take all reasonable steps to prevent harassment, and compensation may have no fixed upper limit if they fail in that duty.
The rules matter because they concern both workers’ access to legal protection and employers’ responsibilities for workplace safety. They also affect how employers should respond to harassment by people outside their workforce.
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Originally published by Daily Mail as “Small boat migrants working in Britain illegally ‘can sue their bosses under Angela Rayner’s strengthened workers’ rights laws’”.