Supporting migrant workers UNISON guide | Page 64

11. Health and safety and violence
Overcrowded employer-provided housing
A migrant worker was housed in a three-bedroom house shared with ten people, with only one bathroom and no heating. The employer deducted rent directly from her wages. Conditions were extremely poor, including no hot water and limited privacy.
The legal framework
All workers, regardless of immigration status or contractual terms, are protected under UK health and safety law. Key provisions include:
Health and Safety at Work etc. Act 1974( HSWA) Employers must ensure, as far as reasonably practicable, the health, safety and welfare of their employees. This includes appropriate equipment, safe systems of work, risk assessments, and the provision of training.
Management of Health and Safety at Work Regulations 1999 Employers are required to assess workplace risks and implement necessary emergency procedures. They must give particular attention to vulnerable groups such as lone workers or those with limited English proficiency.
Employment Rights Act 1996( Sections 44 and 100) Employees are legally protected from dismissal or detriment if they refuse to work in unsafe conditions. These protections apply from day one of employment.
Protection from Harassment Act 1997 Any conduct that causes alarm, distress or a sense of being threatened may constitute harassment under civil law.
Common law duty of care Employers must not place workers in foreseeable danger and can be held liable for failing to act on known risks.
Sexual Offences Act 2003 Unwanted touching, coercion or sexual assault at work constitutes a criminal offence.
For more on the legal background see LRD guides below.
Violence and abuse at work
Workplace violence includes physical assaults, verbal threats, bullying and intimidation. In health and care settings, migrant workers are often assigned to volatile patients, placed on unsafe shifts, or expected to manage situations without training or support.
62 LRD • Supporting migrant workers