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Working in the UK?

Migrant workers - your rights

Have you moved to the UK to work? Know your rights as an employee.

In 2008 over 600, 000 people from other parts of the world gained the right to work in the UK. All of them, from international bankers to seasonal fruit pickers, are entitled to work in a safe environment, free from discrimination and exploitation.

Is it legal for you to work in the UK?

Most people from the European Economic Area and Switzerland can work in Britain, but if you're from a country that has recently joined the European Union (EU) you may have to register with or apply for permission from the UK Border Agency before you can take up employment.

If you are from outside the EU you can apply to work in Britain if you're a highly skilled worker, if you have an offer from an employer to take up skilled work or if you have studied in the UK and wish to remain and search for skilled or highly-skilled work.

If you think you may be working in the UK illegally, get advice from an expert as soon as possible. Contact the Citizen's Advice Bureau who can refer you to the correct organisation. 

"Many migrants put up with awful conditions and treatment because they see remaining in the UK as the most important thing," says Susan Cuevo. "We just want all workers to be treated like human beings."

Your rights at work

All workers should expect to be treated fairly by their employers. "The problem is that many migrant workers aren't familiar with UK employment law and don't know what their rights are," says Susan Cueva, Development Officer for public service charity Unison. So what are you entitled to?

  • A minimum wage - The minimum wage in the UK varies depending on your age.
  • A payslip - Your employer must give you a payslip, telling you how much you have been paid. You might find that your employer takes money from your wages for accommodation, meals, training, the cost of travel to work, or the cost of travel to the UK. They might also be taking money from your wages to pay off the costs of arranging the job for you. There are rules about how much money your employer can take from your wages to pay for these things, and there is a set amount of money below which your wages must not go. Call the Pay and Work Rights Helpline on 0800 917 2368 if you feel you are being paid too little.
  • To work no more than 48 hours a week - You shouldn't have to work more than 48 hours a week, unless you have agreed this with your employer in writing. You can't be forced to work more than this. You also have the right to a break during the working day and days off during the week.
  • Paid holiday - If you work five days a week, you have the right to 28 days' paid holiday a year.
  • Health and safety protection - Your employer must make sure you can do your job in a way which won't injure you or make you ill.
  • The freedom to leave - You must be allowed to leave your job if you no longer want to work there. No one, including your employer, can stop you from doing this. Some migrant workers aren't allowed by the UK Border Agency to find other work if they leave the job they came to the UK to do, or are sacked. You may have to wait until the Home Office has sorted out your paperwork before you can get another job.

Discrimination

Workers also have the right to be protected from discrimination on the grounds of race, nationality or national origins, sex, sexuality, disability, age, religion or beliefs. "I've seen many cases of discrimination against workers from outside the UK," says Unison's Susan Cueva. "It's all bullying. It has a huge effect on a person's emotional and metal state and affects their ability to work well." If you are experiencing discrimination, raise the issue with your manager first and seek further advice if your manager won't help you.

Can my employer keep my passport?

Your employer or employment agency is not allowed to hold onto your passport or any of your other official documents for any longer than a day. If your employer is holding onto your passport without your agreement, they could be breaking the law.

How to seek help

If you feel your employer isn't treating you fairly try taking these steps:

  • Join a trade union - Union membership could make employers think twice about taking illegal action. They may also be able to help you take your employer to court.
  • Look for a community organisation - Finding other people from your country of origin living in your new area will help you feel supported. They will also be likely to know a good deal about the issues you are facing at work.

Sadly, many migrant workers are afraid of loosing their jobs and their right to remain in this country if they make complaints. "Many migrants put up with awful conditions and treatment because they see remaining in the UK as the most important thing," says Susan Cuevo. "We just want all workers to be treated like human beings."

Updated: 26/10/2009

Anna Fielding


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