Foreign workers – your rights

Foreign and immigrant workers have the same rights as other UK workers, so if you’ve moved to the UK to work, make sure your employer treats you fairly.

Someone dragging a suitcase

Once you get here, make sure you know your rights.

I’m from another country; can I work in the UK?

Most people from the European Economic Area and Switzerland can work in Britain. However, 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 UK Visas and Immigration before you can start a job.

If you’re from outside the EU, you can work in Britain if you’re a highly skilled worker, have an offer to take up skilled work, or 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.

What rights do I have at work?

All workers should be treated fairly by their employers, so it’s essential you get to grips with UK law before you start work. “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 exactly are you entitled to? Here’s what to expect:

  • A minimum wageThe minimum wage in the UK varies depending on your age.
  • A payslip – Your employer must give you a payslip, telling you how much you’ve been paid. You might find that your employer takes money from your wages for accommodation, meals, training, travel costs, or the cost of travel to the UK. They might also take money to pay the costs of arranging the job for you. There are rules about how much money your employer can take from your wages. Call the Pay and Work Rights Helpline on 0800 917 2368 if you feel you’re being paid too little.
  • To work no more than 48 hours a week – You shouldn’t work more than 48 hours a week, unless you’ve agreed this with your employer in writing.
  • 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 boss must ensure you can do your job in a way that won’t injure you or make you ill.
  • The freedom to leave – No one can stop you quitting your job if you want to. However, you may not be allowed to find other work if you leave the job you came to the UK to do, or are sacked.

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.

I’m being discriminated against at work

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 who live nearby will help you feel supported. They’re also likely to know lots about the issues you’re facing at work.
  • Go to your local law centre – These offer free legal advice in your local area, and have experts on both immigration and employment who can help you. You can find out how to contact your nearest law centre on the Law Centres Network website.

Sadly, not all migrant workers have the confidence to speak out about being treated badly for fear of losing their job. “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.”

Picture of suitcase by Shutterstock.

Next Steps

  • Chat about this subject on our Discussion Boards.
  • Need help but confused where to go locally? Download our StepFinder iPhone app to find local support services quickly.

By Anna Fielding

Updated on 29-Sep-2015