New employment guidance addresses harassment claims by workers without valid permits

Immigration · First reported 2 Nov, 01:47 · Updated 02:10

Image: Wikimedia Commons · NASA Johnson Space Center · Public domain

The coverage focuses on guidance saying that unlawful employment contracts do not automatically prevent harassment claims, alongside the government’s position that the law already protects workers from workplace harassment.

The EHRC says employment tribunals can hear harassment claims regardless of whether an employee’s contract is legal, and gives the example of a woman without a work permit who is harassed by a colleague.
Under the new rules, employers must show they took “all reasonable steps” to prevent harassment; the article says they may face uncapped compensation if they fail to meet that standard.
A government spokesperson says the Act did not create a new right, while the article reports that Shadow Home Secretary Chris Philp criticised the provisions.

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Key facts

Guidance source: Equality and Human Rights Commission
Employer standard: Employers must take “all reasonable steps” to prevent harassment.
Tribunal claims: The guidance says tribunals can hear claims regardless of whether the employment contract is legal.
Government position: A spokesperson said the Act did not create a new right and that existing law protects people from unlawful workplace harassment.