Publication date: 09.02.2026
3 years of experience in the legal field in England; specialized in property purchase and sale transactions; refinancing; change of property ownership (Transfer of Equity).
The process of protecting migrants' rights in the United Kingdom has its own specific features and depends on the type of breach of the employment contract, the availability of evidence, complaint submission deadlines, and procedures established by law. Migrants do not always know that they can defend their migrants’ rights in cases of unlawful dismissal, discrimination, non-payment of wages, or breach of the employment contract. In many cases, appealing to competent authorities or the Employment Tribunal is an effective way to restore justice and protect employment rights in the UK.
Question
How can migrants protect their migrants’ rights and employment rights in the UK?
Answer
If a migrant believes that their employment rights have been violated (discrimination, unlawful dismissal, non-payment of wages, breach of the employment contract), they have the right to file a complaint with their employer or apply to the Employment Tribunal. Before submitting a claim, it is often necessary to go through a pre-claim dispute resolution procedure via ACAS (Early Conciliation). After that, the migrant can submit an official application to the tribunal, attaching all available evidence of breach of the employment contract, unlawful dismissal, discrimination, and non-payment of wages.
Process of protecting migrants' rights:
The migrant submits a complaint within the legally established timeframe (usually up to 3 months from the date of the breach of the employment contract or employment rights).
To support their claims, it is necessary to provide the employment contract, correspondence with the employer, payslips, colleague testimonies, or other evidence of employment rights and migrants’ rights.
The Employment Tribunal reviews the case, hears both parties, and makes a decision regarding the legality of the employer's actions, the possibility of compensation, or reinstatement.
If the migrant disagrees with the tribunal’s decision, they have the right to appeal to a higher instance.
It is important to keep all documents related to employment or residence in the UK: employment contracts, email correspondence, payslips, visa documents, or work permits. If there are doubts about the accuracy of the claim or the prospects of the case, it is advisable to consult a lawyer specializing in migrants’ rights and employment rights.
Migrants in the UK have a number of employment rights that can be protected:
- Protection against unlawful dismissal and discrimination based on nationality, religion, gender, or age.
- The right to timely and full payment of wages.
- Protection in case of breach of the employment contract or unlawful actions by the employer.
- The possibility to seek advice regarding residence conditions and employment rights.
Question
What should a migrant do if their rights are being violated?
Answer
If a migrant has evidence of violations of employment rights or migrants’ rights (documents, correspondence, testimonies), they can:
- File a complaint directly with the employer;
- Use the pre-claim dispute resolution procedure via ACAS;
- Apply to the Employment Tribunal;
- Obtain legal advice for preparing documents and defending employment rights and migrants’ rights.
A lawyer can assist with:
- Preparing documents for submission to the tribunal;
- Formulating a legal position and collecting evidence of breach of the employment contract, unlawful dismissal, discrimination, non-payment of wages;
- Representing the client during hearings;
- Appealing the tribunal’s decision if necessary.
Typical situations where legal assistance is needed:
- Unlawful dismissal or forced resignation;
- Discrimination at work based on nationality, language, or visa status;
- Unpaid wages or compensation;
- Breach of employment contract ;
- Issues with legal residence and work documents.
Legal assistance allows for the effective protection of migrants’ rights, labor rights and employment rights in the UK. Involving a lawyer specializing in labor disputes and migrants’ rights reduces the risk of errors in documents, increases the chances of a successful outcome, and helps save time and stress. A migrant receives support at every stage – from preparing documents to representing their interests in court or before the Employment Tribunal.
