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Can someone without a legal right to work in Britain bring a harassment claim? In certain circumstances, yes. Equality and Human Rights Commission (EHRC) guidance confirms this, and it is something employers should understand.

Can an illegal worker bring a harassment claim?

An unlawful employment contract will not normally stop a complaint from being heard, provided the harassment can be separated from the illegal working arrangement.
For example, if a colleague harasses an illegal worker, the guidance explains that their job gave the harasser the opportunity to carry out the behaviour. That harassment could have happened independently of her employment, so the Employment Tribunal may be able to hear their claim

When might a tribunal refuse to hear a claim?

Where the alleged mistreatment is inseparable from the unlawful arrangement, a tribunal may decline to hear the claim. Every case turns on its own facts, and in particular on the connection between the unlawful conduct and the treatment complained of.

What has changed for employers?

Changes introduced under the Employment Rights Act 2025 on 30 October 2026 strengthen employers’ duties under the Equality Act 2010. Employers must now take ‘all reasonable steps’ to prevent sexual harassment. Previously, the duty only required ‘reasonable steps’.

What about harassment by customers and contractors?

Employers can also face claims where customers or contractors harass employees during their employment, and the employer has failed to take all reasonable steps to prevent it. This protection covers sexual harassment, as well as harassment related to relevant protected characteristics.

How can Bowcock and Pursaill help?

Whether you are an employer reviewing your policies and training, or an individual with concerns about how you have been treated at work, our employment law team can give you clear, practical advice. Get in touch to arrange a conversation.

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