Small boat migrants working in Britain illegally ‘can sue their bosses under Labour’s new laws’ as warning issued

The Housing Secretary hailed her bill as laying the foundations for a “high-growth, high-skill economy” and insisted: “This Bill is good for workers and it is good for business.”

Within the EHRC’s updated direction, it explicitly addresses scenarios involving workers without valid permits.

It confirms that employment tribunals can hear cases regardless of whether employment contracts are legal.

Under the new legislation, employers must now demonstrate they have taken “all reasonable steps” to prevent harassment, a higher threshold than the previous requirement of simply “reasonable steps”.

The EHRC illustrates this strengthened standard with a specific scenario involving an illegal migrant.

Its guidance describes a woman without a work permit who faces harassment from a colleague, noting that although her employment contract is unlawful, this does not prevent her claim from proceeding.

The watchdog reasoned that the harassing behaviour was not contingent on the employment relationship itself.

“She could have been subjected to the harassment even if she had not been in employment with the company,” the EHRC guidelines state.

The guidance makes clear that an illegal contract will not ordinarily block a worker from bringing a harassment claim under the new framework.

Beyond individual harassment claims, the legislation also exposes businesses to liability when staff are mistreated by third parties such as customers, freelance workers or self-employed contractors.

Companies that fail to meet the heightened “all reasonable steps” threshold risk being hauled before employment tribunals and ordered to pay uncapped compensation.

These protections extend across all characteristics covered by equality law, encompassing age, disability, race, religion or belief, sex, sexual orientation and gender reassignment.

This comes as GB News revealed that more than 10,000 small boat migrants have broken into Britain over the English Channel since Andy Burnham became Prime Minister.

Shadow Home Secretary Chris Philp blasted the new stipulations as “farcical”.

“Labour should be stopping the boats and securing our borders. Instead, they are handing out even more rights to illegal immigrants,” he told the Daily Mail.

While the guidence is in place, British law has established since 1996 that illegal employment does not automatically bar someone from bringing a discrimination or harassment claim.

A Government spokesman told GB News: “This is not a new right created by the Employment Rights Act. The law already protects people from unlawful workplace harassment, with individual claims determined by independent courts and tribunals according to each case’s circumstances.

“No one should have to put up with sexual harassment. The changes introduced on Friday mean employers must take stronger action to make sure everyone can feel safe at work.”

Ms Rayner’s bill also promises enhanced sick pay, parental leave, and stronger protections against unfair dismissal and workplace harassment.