The Employment Rights Act introduced by Angela Rayner now allows workers to sue their employers for workplace harassment even if they do not have a valid right to work in the UK, including small boat migrants.
New EHRC guidance on harassment
The Housing Secretary introduced the new Employment Rights Act on Friday, October 30. The Equality and Human Rights Commission (EHRC) has since published fresh guidance on the "legal obligations" for bosses to tackle harassment.
The act gives workers enhanced protections against workplace and third-party harassment. The EHRC guidance includes the case of a "migrant worker without a valid work permit" and states 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 illegally.
Illegal workers can pursue claims
According to the EHRC guidance, 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.
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."
Political reaction and liability
Chris Philp, the Shadow Home Secretary, has described the move as "farcical". He added: "Labour should be stopping the boats and securing our borders. Instead, they are handing out even more rights to illegal immigrants."
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 follows a case in September 2026 where 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. 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."
