Illegal workers who arrived by small boat can take bosses to tribunal over harassment under Angela Rayner's new laws

Angela Rayner's Employment Rights Act took effect on Friday and explicitly extends its protections to workers regardless of immigration status. The Equality and Human Rights Commission has confirmed that employment tribunals may hear harassment claims even where the underlying employment contract is unlawful. New EHRC guidance also raises the bar for employers, who must now demonstrate they took 'all reasonable steps' — not merely 'reasonable steps' — to prevent harassment, including by third parties such as customers and contractors.

Shadow Home Secretary Chris Philp called the situation 'farcical', demanding Labour 'stop the boats' rather than hand illegal immigrants new legal powers.

The EHRC guidance sets out a specific scenario to illustrate the rule: an undocumented worker harassed by a colleague retains the right to bring a tribunal claim because the harassment itself does not depend on the employment relationship.

Rayner described the Act as building the groundwork for a 'high-growth, high-skill economy' and insisted it is 'good for workers and good for business.'