The newly-published Employment Rights Bill is set to bring significant reform of UK workplace rights. The details of the changes will start to emerge as the Bill passes through the legislative process. For employers, this insight cannot come soon enough, as efforts will need to be made to review the new rules, assess current organisational documents, policies and procedures in light of the reforms, and make necessary changes to comply.
Among the implications, it is worth considering how these reforms could impact immigration compliance and regulations.
In general, the Bill in its current form addresses worker exploitation and labour market enforcement, with proposals to make fundamental reforms that flip government focus away from immigration enforcement towards workers rights.
Change in Labour Market Regulators
The Employment Rights Bill abolishes two key regulatory bodies: the Gangmasters and Labour Abuse Authority (GLAA) and the Director of Labour Market Enforcement, both of which were tasked with monitoring labour market practices and preventing worker exploitation. These bodies were primarily focused on cracking down on illegal working rather than protecting workers’ rights, especially migrant workers.
The GLAA, initially created after the Morecambe Bay tragedy in 2004, was renamed in the Immigration Act 2016. The Director of Labour Market Enforcement role, also established by the 2016 Act, had limited impact due to underfunding, poorly designed powers, and a strong focus on immigration enforcement rather than meaningful labour market regulation.
In place of these bodies, the Secretary of State for Business and Trade will take over the enforcement of key labour market legislation, including the Gangmasters (Licensing) Act 2004 and the Modern Slavery Act 2015. However, the enforcement will no longer be tied to any specific immigration legislation, marking a shift away from the previous government’s immigration-centric approach. The Secretary of State will be supported by a new advisory board composed of trade unionists, employers, and independent experts.
New Labour Market Enforcement Powers
The Bill also replaces provisions from the Immigration Act 2016 concerning labour market enforcement orders. Under the new system, if a labour market offence is detected, the Secretary of State or a delegated public authority can request a voluntary undertaking from employers to cease the offence and take steps to prevent its recurrence. If employers fail to comply, the Secretary of State may apply to the courts for an order to enforce compliance.
The illegal working offence introduced by the 2016 Act remains, along with the system of illegal working closure notices, although these measures have rarely been used. The new enforcement framework places more emphasis on protecting workers’ rights than on targeting illegal working, representing a shift in priorities under the new government.
Adult Social Care and Migrant Labour
The Bill establishes a new Adult Social Care Negotiating Body, which, while not directly an immigration measure, has significant implications for sectors reliant on migrant labour. Social care has seen a large influx of skilled worker visas in recent years due to severe labour shortages. Despite the fact that the majority of social care workers are British, the low pay and poor conditions in the sector have led to a reliance on migrant workers.
The new negotiating body is tasked with addressing remuneration and employment conditions in the adult social care sector. By improving pay and working conditions, the government aims to reduce the sector’s dependence on migrant workers. This is particularly relevant as many migrant workers have been brought in to fill these gaps in recent years. The hope is that improving conditions in the sector will attract more domestic workers, reducing the need for overseas recruitment.
Focus on Workers’ Rights
The overall legislative shift reflected in the Employment Rights Bill moves away from the previous government’s focus on illegal working and immigration enforcement. Instead, the new framework centres on labour market regulation and protecting workers, including migrants, from exploitation. The previous measures under the Immigration Act 2016 were seen as largely ineffective, existing more as symbolic gestures than practical enforcement tools. The current government is prioritising real enforcement, with labour market undertakings and orders that have the potential to be powerful if adequately resourced and enforced.
While this bill is a significant step forward in addressing worker exploitation, it stops short of tackling some of the root causes of migrant worker exploitation tied to immigration policies. For instance, the continued use of tied visas, which leave migrant workers vulnerable to exploitation, remains unaddressed. These visas effectively bind workers to their employers, limiting their ability to report abuse or seek better working conditions. The government will need to reconsider this aspect of immigration policy if it is serious about tackling the systemic exploitation of migrant workers.
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The Employment Rights Bill represents a shift in focus from immigration-led labour market enforcement to a more comprehensive approach centred on protecting workers’ rights. By replacing ineffective regulatory bodies and tightening enforcement powers, the bill aims to address widespread exploitation in sectors like agriculture and social care. While the new framework has the potential to improve conditions for workers, including migrants, further action on immigration policies, such as tied visas, may be necessary to fully address the exploitation issues faced by migrant workers in the UK.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
