Terms and Conditions (Migrant Workers) Bill
Official Summary
A Bill to provide that employers may not offer to migrant workers terms and conditions less favourable than those offered to UK nationals for the same employment; and for connected purposes.
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Overview
This bill aims to prevent employers from offering migrant workers less favourable terms and conditions than those offered to UK nationals for the same work. It achieves this by amending the Equality Act 2010 to make immigration status a protected characteristic against discrimination in employment.
Description
The Terms and Conditions (Migrant Workers) Bill amends the Equality Act 2010. Specifically:
- Immigration Status as Protected Characteristic: It adds "immigration status" as a protected characteristic under the Equality Act 2010, preventing discrimination based on a worker's immigration status.
- Exception for Proportionate Means: It includes an exception. Employers are not considered discriminatory if they can demonstrate that treating a migrant worker differently is a proportionate means of achieving a legitimate aim.
- Definition of Immigration Status: The bill clearly defines "immigration status" to include the nature and extent of a person's right to be in the UK, encompassing any conditions attached.
- Effective Date: The Act comes into force immediately upon passing.
Government Spending
The bill does not directly specify government spending. Implementation may involve some administrative costs for enforcement and monitoring, but no figures are provided in the bill text.
Groups Affected
This bill primarily affects:
- Migrant Workers: They will be afforded greater protection against discriminatory employment practices.
- Employers: They will be legally obligated to offer equal terms and conditions to migrant workers, unless they can justify any differences as proportionate and legitimate.
- Employment Tribunals: They will likely see an increase in cases related to discrimination based on immigration status.
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