Know Your Rights: What the New UK Employment Rights Mean for ESEA Communities
The new Employment Rights Act 2025 introduces major changes to workers’ rights. The Act, which became law in December 2025, will have a phased rollout between 2026 and 2027. For many migrant workers, including those from East and Southeast Asian (ESEA) communities, these reforms could bring important improvements in protection, security, and access to fair working conditions.
Many in our communities continue to face challenges such as insecure work, low pay, lack of awareness of rights, language barriers, and fear linked to immigration status. These new changes have the potential to address some of these issues, but only if workers are informed and supported to protect their rights.
Here are some of the key changes to be aware of:
Stronger Rights From Day One
From April 2026, several protections will now apply from the start of employment:
Statutory Sick Pay (SSP) will be available immediately, with more low-paid workers now eligible for paid sick leave.
Paternity and parental leave will also be available immediately, regardless of how long you have been working at the company or organisation.
A new right to bereavement leave, including for pregnancy loss, has been introduced.
Why this matters:
Many ESEA migrant workers are in low-paid or precarious sectors where taking time off can feel unsupported or risky. Earlier access to these rights could provide more immediate protection during times of illness, caregiving, or loss.
Easier to Challenge Unfair Dismissal
From February 2026, if an employer fires you for taking industrial action (for example, taking part in a strike), this will now be treated automatically as unfair dismissal, which means you can legally challenge it. By January 2027, workers will be able to claim unfair dismissal after six months of employment rather than two years. Starting January 2027, the law will also remove the limit to the amount an employer can compensate you if you win your case in an employment tribunal, which means employers may be held more accountable.
Why this matters:
Migrant workers can be more vulnerable to unfair treatment or sudden dismissal. Previously, you could only challenge unfair dismissal after two years of employment. A shorter qualifying period could make it easier to challenge unjust practices.
Protections for Insecure and Zero-Hours Work
New rights are expected for workers on zero-hour or low-hour contracts:
The right to a contract that reflects actual hours worked
Compensation for last-minute shift cancellations or changes
Why this matters:
Many ESEA migrant workers are employed in sectors like hospitality, health care, and service industries, where unpredictable and precarious hours are common. These changes aim to improve stability, income security and fairness.
Safer Workplace and Better Work-Life Balance
The Act introduces:
Stronger protections against harassment by customers or clients
A strengthened right to request flexible working
Why this matters:
ESEA migrant workers, particularly women, may face harassment in customer-facing roles. These changes place greater responsibility on employers to ensure safe working environments.
Limits on ‘Fire and Rehire’ Practices
Employers will face stricter limits on dismissing staff and rehiring them on worse terms, such as lower pay or worse working conditions. This will now only be allowed in extreme financial situations. By January 2027, if an employer fires you only to then rehire you with worse pay or conditions, it would automatically count as unfair dismissal in most cases, which means you can legally challenge it.
Why this matters:
This could help protect workers from being pressured into accepting unfair contracts or losing benefits without proper justification.
Stronger Enforcement Through the ‘Fair Work Agency’
A new Fair Work Agency has been established to:
Inspect workplaces
Enforce minimum wage and holiday pay
Take action against exploitative practices
This new government agency sits under the Department of Business and Trade and is independent of the Home Office. You can contact the agency to complain about pay and work rights and report serious labour exploitation.
Why this matters:
For workers who may hesitate to speak up, stronger oversight can help hold employers accountable.
What the new law doesn’t fix:
While these reforms are promising, legal rights alone are not enough. Many migrant workers still face barriers in accessing justice, including language, fear of retaliation, and lack of information.
Why community support matters
This is why SEEAC provides culturally competent and informed support, offering employment advice and advocacy, and creating safe spaces where people can understand and stand up for their rights.
Get support and stay informed
If you are a worker, community member, or supporter:
Stay informed about your employment rights
Share this information with others in your community
Reach out for support if you are experiencing workplace issues
SEEACs offers confidential advice, referrals, and advocacy support.
If you or someone you know needs help, get in touch with SEEAC or follow our updates for upcoming workshops and resources on employment rights.
If you’re able to, consider supporting our work with a donation. Your support helps us continue providing free, culturally informed advice and community programmes for ESEA migrants across the UK.
Together, we can build safer, fairer workplaces for our communities.