Overview

This bill aims to prevent employers from offering migrant workers less favorable terms and conditions than those offered to UK nationals for the same job. It achieves this by amending the Equality Act 2010 to include immigration status as a protected characteristic against discrimination in employment.

Description

The Terms and Conditions (Migrant Workers) Bill amends the Equality Act 2010 to prohibit discrimination based on immigration status in employment. Specifically:

• Immigration Status as a Protected Characteristic: The bill adds "immigration status" as a protected characteristic under the Equality Act 2010, making it illegal to discriminate against someone based on their visa status or right to be in the UK.
• Exception for Proportionate Means: The bill includes an exception. Employers are not in breach of the law if they can demonstrate that the differential treatment is a proportionate means of achieving a legitimate aim. This suggests that there may be some limited circumstances where different treatment could be justified.
• Definition of Immigration Status: The bill provides a clear definition of "immigration status" encompassing the nature and extent of an individual's right to be in the UK, including any conditions on their visa.
• Enforcement: Enforcement will rely on existing mechanisms within the Equality Act 2010, such as the Equality and Human Rights Commission.

Government Spending

The bill doesn't directly specify government spending. The impact will likely be indirect, possibly including increased costs associated with enforcement and potential legal challenges. No specific figures are provided in the bill text.

Groups Affected

The bill primarily affects:

• Migrant Workers: They will be afforded greater protection against discriminatory employment practices.
• Employers: Employers will be legally obligated to offer equal terms and conditions to migrant and UK national workers, potentially increasing compliance costs.
• Employment Tribunals and Courts: These bodies may see an increase in cases related to discrimination based on immigration status.

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