Rights at work

Migrants who have permission to live in the UK generally also have permission to work. However, some groups are not allowed to work; or may have restrictions placed on the type of work they can do, or the number of hours they can work.

Migrants who are not allowed to work in the UK include:

• undocumented migrants and those without any immigration status
• visitors
• European nationals who have not applied for EU settled or pre-settled status (see our information page on European Londoners)
• European nationals who have arrived in the UK for the first time on or after 1 January 2021, and who have not made any type of immigration application
• those in the UK on a fiancé(e) visa
• most people seeking asylum

Students usually have restrictions on the hours that they are permitted to work. For example, students in full-time higher education (degree level or above) are allowed to work a maximum of 20 hours per week during term time. Some students on part-time courses are not allowed to work at all. See the Home Office’s guidance for more detailed information about work restrictions on different types of student visas. The UK Council for International Student Affairs also has some helpful information.

Workers who have lost their job and who are on a visa that requires sponsorship, cannot automatically take up employment with any new employer. In this instance, you must seek new employment with an employer who has a sponsorship licence, and who is willing to sponsor you. You will need to apply for a new immigration status before you can start with the new employer. For more information see the Home Office’s guidance on skilled workers.

People seeking asylum who have been waiting for an initial decision from the Home Office on their asylum claim for 12 months or more can apply for permission to work. However, this will only be considered if you have not caused the delay in your application being processed. If granted permission, you can only undertake work cited on the shortage occupation list.

If you are not sure whether you have permission to work, check your residence permit. If you are prohibited from working, it should specify this on your status document. If you are still not sure, contact your local branch of Citizens Advice or a local lawyer for advice.

Your rights at work depend on what type of work contract you have, and whether you are an employee; a self-employed worker; on a zero-hours contract; an agency worker; on a permanent contract of employment; or have a contract for services. To find out your employment status, please see the TUC’s useful guide.

Please also see the Employment Rights Hub for further information about your rights at work and how to access support.

There are different ways to enforce your rights at work. The first way is to speak to your employer about any issues you are facing or concerns you may have. See also the section “How do I deal with a problem at work?” on the Employment Rights Hub.

If you feel unheard, or unable to speak to your employer, see if you can join a trade union. This is an organisation that looks after the interests of its members (usually workers or employees) in different ways. This can include negotiating agreements with employers on pay and conditions; discussing members’ concerns with employers; or going with members to disciplinary and grievance meetings.

The UK has adopted legislation and policies that promote decent working conditions; and the government appoints labour inspection services to supervise the proper application of such legislation and policies, and to promote compliance. One such authority is the Health and Safety Executive (HSE), which can look into issues you have regarding your safety at work if you are employed in certain industries. For more information see the Health and Safety Executive website. If the HSE is not the regulator for the industry you work in, it is likely to be the local authority. The HSE can give you contact details for the relevant local authority.

If you need advice about concerns at work – for example, wages below the national minimum wage, long hours/working time issues, or problems with an employment agency – then you can contact the Advisory, Conciliation and Arbitration Service (ACAS) on 0300 123 1100.

You can also take your case to the Employment Tribunal – usually as a last resort – if you feel that you have been treated unlawfully; for example, you have been unfairly dismissed or discriminated against, or unfair deductions have come off your pay. For more information about pursuing a claim in the Employment Tribunal see the government website and guidance from Citizens Advice.

All workers should have a NINO. If you do not have one yet, you will need to apply for one. However, you do not need to have a NINO before you start working.

You can apply for a NINO online. The helpline (0800 141 2079) is open Monday to Friday, between 8am and 5pm.

For further information on NINOs and how to apply please see this guidance by the Low Incomes Tax Reform Group.

If you do not have permission to be in the UK, you do not have the right to work and you could be convicted of a criminal offence.

If you do not have permission to work, you should seek advice on how you may be able to obtain an immigration status that will permit you to work. Please see our page on “Insecure or unclear immigration status”.

Maternity Action have produced guidance on maternity rights and benefits for undocumented migrants. Migrants’ Rights Network have produced guidance on your employment rights.

If you do not have permission to work, but you are being forced to work, you may be a victim of modern slavery or human trafficking. Forced labour is any work or service that people are forced to do against their will, under threat of punishment. If this is the case you should not be prosecuted for working illegally, and you should be provided with support. Migrants’ Rights Network provide information how to access support if you think you have been exploited. You may also contact the Modern Slavery Helpline for information, advice and guidance about modern slavery on 08000 121 700.