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.