Rights of Foreigners in the UK Labour Market

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Миколаєнко Олена Василівна

Attorney

United Kingdom / England

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Publication date: 03.09.2025

Foreign workers in the UK enjoy significant rights under UK labour law, ensuring equality with British workers provided they have legal work status. In 2025, with updates to immigration rules like the £38,700 salary threshold for Skilled Worker visa (or £26,200 for certain roles), understanding these rights is crucial for successful employment. Legal Marketplace Consultant offers employment advice to help foreigners verify visas, draft an employment contract, and get a clear action plan for protecting interests. Our platform provides personalised support, including analysis of specific visas and recommendations for adapting to new rules introduced in the Immigration White Paper in May 2025.

Legal Work Status and Visa Requirements

Legal work status for foreigners depends on the visa permitting work in the UK. In 2025, key visas include Skilled Worker visa for qualified jobs, Global Talent visa for talented individuals in science, arts or tech, and Seasonal Worker visa for temporary agricultural work. Workers on these visas have the same employee rights as Brits, including minimum wage (£11.44 per hour for adults as of April 2025) and working hours limits (48 hours average per week under Working Time Regulations). Self-employment is possible with appropriate visas like Innovator Founder visa, but requires HMRC registration for PAYE and National Insurance, ensuring access to state benefits like pensions.

For EU citizens post-Brexit, legal work status depends on EU Settlement Scheme: settled status grants indefinite right to work, while pre-settled is limited. In 2025, with Employment Rights Bill, foreigners gain day 1 protection from unfair dismissal, enhancing safeguards from the first day. Legal Marketplace Consultant assists with visa checks and job offer analysis to ensure compliance with UK labour law, including review of employer sponsorship, mandatory for many visas.

Employer Obligations Towards Foreigners

Employer obligations include conducting Right to Work checks before hiring to confirm legal work status and avoid fines up to £60,000 per illegal worker. Employers must provide a written statement of employment particulars from day one, including details on probation period, working hours, and holiday. Here are main employer obligations:

• Ensuring equal pay and protection from discrimination under Equality Act 2010, regardless of nationality or visa.
• Registering the worker in PAYE for automatic tax deductions and National Insurance contributions, securing access to NHS and state payments.
• Providing a safe working environment under Health and Safety at Work Act 1974 and adhering to dismissal rules, with right to fair dismissal after two years (or day 1 under new Bill).

In 2025, with bans on sponsorship for care workers without regulated activities, employers in care sector must carefully verify roles to avoid breaches. Consultant provides employment advice to verify compliance with these obligations, helping employers avoid legal risks and foreigners ensure fair employment.

Key Employee Rights for Foreigners

Foreign workers have broad employee rights, protecting them from exploitation. Here is a numbered list of key rights:

1. Minimum Wage: Right to National Minimum Wage or Living Wage, with increases in April 2025, applying to all, including visa holders, with £38,700 threshold for Skilled Worker to prevent undercutting.
2. Working Hours: Limits under Working Time Regulations 1998, with 28 days paid holiday, weekly breaks, and maximum 48 hours per week without opt-out consent.
3. Dismissal Rules: Protection from unfair dismissal after two years' service (or day 1 per new Bill), with right to redundancy pay and tribunal appeals.
4. Self-Employment: Right to independent work with own clients, but duty to pay taxes, and option to challenge status in court for employee rights if work is effectively employment.

The employment contract must outline these rights, including probation period terms, and Legal Marketplace Consultant helps with its review and adaptation to visa requirements.

Additional Aspects and 2025 Updates

In 2025, the Employment Rights Bill introduces significant changes, such as day 1 protection from unfair dismissal and default flexible working rights for all workers, including foreigners, allowing requests for flexible schedules from day one. For care sector, sponsorship is banned without regulated activities to prevent abuses, as in cases where workers from India or Philippines are exploited with low wages. National Insurance provides state pension after 10 years of contributions, and PAYE automates tax deductions, easing compliance for foreigners.

For students on Student visa, working hours are limited to 20 per week during term time, while dependants of Skilled Worker have full work rights. In case of breaches like unfair dismissal, foreigners can contact ACAS for conciliation or tribunal. Legal Marketplace Consultant offers expert assistance to navigate these changes, including preparation for Employment Tribunal or review of employer sponsorship licence.

Moreover, employee rights cover protection from discrimination, maternity/paternity leave, and sick pay, with equal access for foreigners. For self-employed like Uber drivers, the act determines status through tests like Pimlico Plumbers case, allowing claims for employee rights. Employment advice from Consultant helps assess status and challenge if needed.

Frequently Asked Questions About Foreigners' Rights

Steps for Protecting Rights

Verify Visa: Confirm legal work status via GOV.UK or Home Office verifier.

Draft Contract: Include details on working hours, minimum wage, and probation period in the employment contract.

Seek Help: Get employment advice from Legal Marketplace Consultant for job offer analysis and dismissal rules.