5. Basic employment rights
This section provides a practical overview of the fundamental rights that all workers in the UK are entitled to and common infringements of these rights faced by migrant workers. It also suggests union reps and caseworkers can do when‘ triaging’ cases with a practical checklist. For a checklist on how to triage cases depending in whether they are employment or immigration issues see the box on pages 24-25. While many union reps and caseworkers will already be familiar with these core employment rights, it is important to revisit them in this guide because they are so frequently breached by employers of migrant workers.
When first contacted by a migrant member with an issue, the best approach is to practice active listening, be empathetic and ask gentle questions to assess whether they have experienced anything unlawful. Below is an overview of basic employment rights – specific rights will be covered in more detail in subsequent chapters – as well as a simple checklist to assess whether there have been any breaches.
“ You think it’ s about one thing, but then you realise it’ s the tip of the iceberg.” – UNISON caseworker
What rights should a migrant worker be able to exercise?
Migrant workers have the same employment rights as any other worker. These include both statutory rights( guaranteed by law) and contractual rights( agreed with the employer). Caseworkers should check whether these rights are understood by their members and are being observed by their employers.
All workers, including migrant and agency workers, have statutory rights to:
• A written statement of employment particulars
• Itemised payslips and protection from unlawful wage deductions
• The National Minimum Wage and auto-enrolment into a pension
• Limits on working hours and guarantees of paid annual leave and rest breaks – although specific rules on permitted absences apply and have implications for visa sponsorship( see Chapter 8)
• A safe working environment, free from discrimination or harassment
• Join a trade union and be accompanied at disciplinary or grievance hearings
• Be protected when raising concerns under whistleblowing legislation
Employees( who work under an employment contract directly with their employer) also have:
• Protection from unfair dismissal
• Redundancy pay and notice periods
26 LRD • Supporting migrant workers