Workers now have the ability to sue their bosses for workplace abuse, regardless of their legal right to work in the UK.
Angela Rayner has enforced new employment rules. (Image: Getty)
Angela Rayner has given more rights to small boat migrants, allowing them to sue employers for harassment even if they are working in the UK without a valid work permit. The Housing Secretary introduced her new Employment Rights Act on Friday (October 30) and the human rights watchdog has issued new guidance. The Equality and Human Rights Commission (EHRC) has published fresh direction on the “legal obligations” for bosses to tackle harassment.
The new act gives workers enhanced protections against workplace and third-party harassment, with the EHRC guidance including the case of a “migrant worker without a valid work permit”. It adds that bosses are required to take “all reasonable steps”, rather than simply “reasonable steps”, to prevent sexual and other harassment of employees – including those working ilegally.
As reported by the Daily Mail, the EHRC guidance states that a “tribunal can now hear the worker’s claim” if their boss does not act accordingly. An illegal worker will no longer be prevented from pursuing their harassment claim.
Chris Philp, the Shadow Home Secretary, has described the move has “farcical”. He added: “Labour should be stopping the boats and securing our borders. Instead, they are handing out even more rights to illegal immigrants.”
The EHRC says: “A migrant worker without a valid work permit is harassed by her colleague while working for a company. The contract of employment is illegal because the worker does not have a work permit.
“However, the tribunal can hear the worker’s claim for harassment. While her employment with the company may have created an opportunity for the colleague to harass the worker, the harassment was not dependent on her employment. She could have been subjected to the harassment even if she had not been in employment with the company.”
Chris Philp has dubbed the move “farcical” (Image: Getty)
British companies can be liable if employees are harassed by third parties, including customers, freelancers and self-employed contractors. They face being taken to tribunals and paying compensation if reasonable steps to avoid harassment are not taken.
The move comes after Erin Ong, a Malaysian hotel manager who did not have a valid permit to work in the UK, was awarded over £5,000 in compensation for race, sex, and disability discrimination in September 2026. The case highlighted a grey area in British law as despite being an offence to work without a permit, civil human rights protections still apply to the working individual.
The Labour government has now solidified the ruling under workplace reforms in the Employment Rights Act. It has been confirmed that small boat arrivals and other undocumented workers have the full legal right to sue bosses for workplace abuse, regardless of their legal right to work in the UK.
A government spokesman said: “The changes introduced on Friday mean employers must take stronger action to make sure everyone can feel safe at work.”