Politics · United Kingdom · 1 hr ago
UK guidance says workers without permits can bring harassment claims
The Equality and Human Rights Commission says workers without valid permits can bring harassment claims against employers in Britain.
Its new guidance follows the Employment Rights Act coming into force on Friday.
The law requires businesses to take all reasonable steps to prevent workplace harassment, including harassment by customers and contractors.
A tribunal can hear a claim even if the worker’s employment contract was illegal.
Employers found liable could face uncapped compensation.
The guidance also cites a Malaysian migrant who won more than £5,000 in a discrimination case in September.
The government says the changes are intended to help make workplaces safer.
UK guidance says workers without valid work permits may bring harassment claims against employers.
The Equality and Human Rights Commission says a tribunal can hear a worker’s claim even if their employment contract is illegal.
The guidance follows the Employment Rights Act coming into force on Friday, requiring employers to take “all reasonable steps” to prevent harassment.
Shadow Home Secretary Chris Philp criticised the changes, while the government said they require stronger action to make workplaces safe.
The article also reports that a Malaysian migrant without the legal right to work was awarded more than £5,000 in a discrimination case in September.
- Who
- The Equality and Human Rights Commission issued the guidance; it concerns workers without valid work permits and their employers.
- What
- Workers without valid work permits may bring harassment claims before an employment tribunal.
- When
- The guidance was reported on 2 November 2026, after the Employment Rights Act came into force on Friday.
- Where
- The guidance concerns Britain; the reported discrimination case was in Ambleside, Cumbria.
- Why
- The guidance explains employers’ legal duties to take “all reasonable steps” to prevent harassment.
The Equality and Human Rights Commission
Chris Philp
Access to harassment claims
The Equality and Human Rights Commission
The guidance says a tribunal can hear a claim even if the worker’s employment contract is illegal.
Chris Philp
Philp said the changes give more rights to illegal immigrants.
Purpose of the law
The Equality and Human Rights Commission
The guidance sets out employers’ duty to take “all reasonable steps” to prevent harassment.
Chris Philp
Philp said the government should be stopping boats and securing borders instead.
A Malaysian migrant without a legal right to work in the UK was awarded more than £5,000 in a discrimination case.
The Employment Rights Act came into force.
The Daily Mail reported on the EHRC guidance concerning harassment claims by workers without valid work permits.
- Guidance body
- Equality and Human Rights Commission
- Employer duty
- Take “all reasonable steps” to prevent harassment
- Reported publication
- 2 November 2026
- Discrimination case award
- More than £5,000
- Case location
- Fisherbeck Hotel, Ambleside, Cumbria
What people are saying
This is farcical. Labour should be stopping the boats and securing our borders. Instead, they are handing out even more rights to illegal immigrants.
The changes introduced on Friday mean employers must take stronger action to make sure everyone can feel safe at work.
The fact that a contract of employment is illegal will not normally prevent a worker pursuing their harassment claim