In mid-2024, the UK’s Employment Rights Act introduced stricter measures to combat workplace harassment, extending legal recourse to illegal migrant workers. The shift requires employers to take ‘all reasonable steps’—rather than just ‘reasonable steps’—to prevent harassment, a change that could empower vulnerable workers to seek justice.
The Equality and Human Rights Commission (EHRC) clarified that even workers without valid permits can pursue harassment claims if employers fail to meet these heightened obligations. A hypothetical case in the guidance illustrates this: a migrant worker facing workplace harassment could still sue if their employer neglected to implement robust anti-harassment policies.
Previously, employers could argue they had fulfilled their duty by taking some action against harassment. Now, the law demands a more comprehensive approach—one that leaves no room for oversight. This shift could force businesses to adopt stricter policies, training, and accountability measures to protect all employees, regardless of their legal status.
Critics, including Shadow Home Secretary Chris Philp, have dismissed the law as a distraction from border security.
Small boat migrants working in Britain illegally 'can sue their bosses under Angela Rayner's strengthened workers' rights laws' https://t.co/91XEp3cuv3
Critics, including Shadow Home Secretary Chris Philp, have dismissed the law as a distraction from border security. In a statement, Philp called the move ‘farcical,’ arguing that resources should focus on stopping illegal immigration rather than expanding rights for those already in the country without permission.
The debate underscores a broader tension: whether workplace protections should extend to all workers, or if enforcement should prioritize immigration control. As the law takes effect, its impact on both migrant workers and employers remains to be seen.