Immigration

Immigration

Migrant workers employed legally in the UK generally have the same rights, such as to be paid the national minimum wage and to be protected from discrimination, as workers who were born in the UK. This topic looks at how immigrants may obtain the right to work legally in the UK.

The main statute in this area is the Immigration Act 1971, which provides for the content of the Immigration Rules and for them to be subject to parliamentary scrutiny. The Immigration Rules are made by the Secretary of State for the Home Office and set out detailed requirements regarding people coming to the UK for employment. They are supplemented by policy guidance for immigration officers on how the rules should be interpreted.

The Home Office has responsibility for controlling migration to the UK.

Immigration White Paper 2025

Practice Note: Immigration White Paper 2025—summary, tracker and resources considers the White Paper ‘Restoring control over the immigration system’, published on 12 May 2025, which sets out a large number of significant changes to numerous areas of immigration policy. Many of these reflect the Labour government’s stated aim to reduce net migration,

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Latest Employment News

Employment weekly highlights—19 June 2025

This edition of Employment weekly highlights includes: (1) an EAT judgment opining that an autism or ADHD diagnosis is not just a label (ie an impairment); it is also a relevant factor when considering substantial adverse effect for disability discrimination purposes, (2) an EAT ruling upholding a tribunal’s finding that a failure to provide a mask during COVID-19 did not breach the duty to make reasonable adjustments, (3) news that the Data (Use and Access) Bill has received Royal Assent, (4) an EAT ruling clarifying that time spent in the early conciliation process prior to the start of the limitation period cannot be added on to extend time, (5) the latest employment tribunal statistics from the Ministry of Justice, (6) an EAT judgment confirming that the ET had jurisdiction to hear discrimination claims against non-UK-domiciled respondents, (7) dates for your diary, and (8) other news items of interest to employment practitioners.

ICO publishes guidance documents and work plan for Data (Use and Access) Act 2025

The Information Commissioner's Office has published several guidance documents and a working plan following the Data (Use and Access) Bill receiving royal assent on 19 June 2025 and becoming an Act of Parliament as the Data (Use and Access) Act 2025 (DUAA). The ICO notes that the main changes to the law include clarifying how personal information can be used for research, lifting restrictions on some automated decision making, setting out how to use some cookies without consent, allowing charities to send people electronic mail marketing without consent in certain circumstances and requiring organisations to have a data protection complaints procedure and introducing a new lawful basis of recognised legitimate interests. The ICO also underlines that the DUAA provides it with new powers including the ability to compel witnesses to attend interviews, request technical reports, and issue higher fines.

Council of the EU agrees on position for traineeship working conditions directive

The Council agreed on its negotiating position on 19 June 2025 for a new directive aimed at improving trainee working conditions and preventing false traineeships. The directive covers both employed trainees and those in disguised employment relationships, excluding educational traineeships. Member states will have flexibility in implementation methods and two years to comply once enacted. The directive responds to concerns over trainee exploitation among the EU's three million trainees, with numbers expected to rise 16% by 2030. The Council will begin trilogue negotiations with the European Parliament once the latter establishes its position.

Data (Use and Access) Bill to receive Royal Assent on 19 June 2025

The Data (Use and Access) Bill (DUA) is set to receive Royal Assent and become an Act of Parliament on Thursday 19 June 2025. This follows its parliamentary review being finalised on 11 June 2025 and marks the culmination of nearly eight months of parliamentary procedure. Under section 139 of the DUA, most provisions will come into force as and when the Secretary of State appoints regulations. However, a limited number of provisions will come into force upon Royal Assent. This includes section 78, which relates to reasonable and proportionate searches for data subject access requests. It also includes sections 126–128 on the retention of biometric data, and schedule 16 on the grant of energy smart meter communication licences.