Equality and Human Rights Commission

• Employment rights
• Knowledge of employment rights and health services
• Who is entitled to work in the UK?

Employment rights

Individuals who are entitled to work in the UK are entitled to all the same employment rights as any other employee. These rights include:

• Time off for antenatal care
• Health and safety protection
• Statutory Maternity Leave and Pay
• Statutory Paternity Leave and Pay
• Statutory Adoption Leave and Pay
• Flexible working
• Time Off for Dependents
• Protection from discrimination

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Knowledge of employment rights and health services

Migrant workers may not be aware of their employment rights. When you become aware that a migrant worker is pregnant or a parent-to-be, it is a good idea to provide them with information about their maternity, paternity and parental rights at work. 

Migrant workers may not be aware of health and safety laws in the UK and so pregnant women may not inform their employer about their pregnancy, even when there are health and safety risks to be addressed. It is a good idea to check that employees who are new to the UK know about health and safety requirements and the processes to be followed where a woman is pregnant or a new mother.

Migrants may not be well informed about the health system in the UK and this may prevent them accessing health care. They may not be aware that:

• pregnant women are encouraged to commence maternity care early in their pregnancy, before 10 weeks of pregnancy
• maternity care can be obtained through a GP or, in many areas, directly from a midwife 
• maternity care is not only for women who are feeling unwell. It is about preventing ill health during pregnancy as well as treating any problems that arise
• NHS maternity care is free for most residents of the UK

Information about NHS maternity services in the UK can be obtained by calling NHS Direct. NHS Direct will organise telephone interpreting if the individual calls NHS Direct and states their language when the call is answered. For more information see NHS Direct.

In Scotland, see NHS 24 to find services and information about pregnancy.

In Wales, see the Welsh Assembly Government’s guide for pregnant mothers.

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Who is entitled to work in the UK?

There are many different types of immigration status in the UK. Depending on his or her immigration status, a migrant may or may not be permitted to work in the UK. Employers are required to check that their employees are entitled to work in the UK and may be fined if they employ workers who are not entitled to work. For more information see the UK Border Agency website,

Migrants who are entitled to work in the UK have the same employment rights as any other employee.

European citizens

Citizens of EEA countries and Switzerland are entitled to work in the UK. However there are special conditions applying to citizens of the A8 and A2 states. 

The A8 states are: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. Nationals of the A8 states are required to register under the Workers Registration Scheme for authorisation to work if they are working in the UK for more than one month. There are a few exceptions to this (see UK Border Agency website for more information).  Once they have been working in the UK for 12 months without a break they will no longer need to register and can obtain a residence permit which gives them the right to work and claim benefits.

The A2 states are: Bulgaria and Romania. Nationals of the A2 states must apply to the UK Border Agency for permission to work. Once they have been working in the UK for 12 months without a break they will also have the right to work and claim benefits.

EEA countries are Austria, Belgium, Bulgaria, Cyprus (Southern), Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Spain and Sweden. 

Refugees and asylum seekers

An asylum seeker is a person who has submitted an application for asylum and is awaiting the result. It includes someone who has submitted an appeal and is awaiting the outcome. Some asylum seekers have permission to work in the UK, and this is clearly stated on their ARC card.  

A refugee is an asylum seeker whose claim is successful and has been given refugee status or some other form of leave to remain in the UK. Refugees can work in the UK without restriction and are protected from discrimination. For more information on the documents that have entitling them to work, see [link to employing refugees guide on our website).

Even if they have been living in the UK for some time, refugees or asylum seekers with permission to work may not be aware of their employment rights, they may not know about health and safety laws, and may not be well informed about the UK health system. It is a good idea to offer these employees information about maternity, paternity and parental rights at work, health and safety procedures and how to access NHS maternity services.

Other visas

The UK issues many different types of visas. Some provide the entitlement to work in the UK and some do not. If you are uncertain whether or not a particular visa entitles an individual to work in the UK, contact the UK Border Agency.

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