Your rights at work
UK law protects every worker — regardless of visa status. This section covers key rights you should know about: what to do if you are injured, how to get sick pay, your rights on working hours and rest breaks, what happens if your hours are not enough, and what to do about wrong or missing pay.
a) Injury at work
If you have been hurt at work, you have the right to take action. You do not have to suffer in silence — and you cannot be punished for reporting an injury.
Report any injury to your employer as soon as possible, even if you feel pressure not to. Reporting it protects you legally. Delay can be used against you later.
What to do if you are injured at work
- Report the injury to your manager or supervisor immediately — in writing if possible
- Seek medical treatment — go to a GP, walk-in centre, or A&E
- Ask for the injury to be recorded in the workplace accident book
- Write down the date, time, place, and what happened — in your own language if needed
- Note the names of anyone who witnessed it
- Take photographs of the location or any equipment involved if it is safe to do so
- Keep any messages, letters, or documents relating to the incident
- Keep your fit notes (sick notes) from your doctor
It is illegal for your employer to dismiss you or treat you unfairly for reporting an injury or raising a health and safety concern. This protection is called "whistleblower protection" and it applies to all workers regardless of visa status.
b) What to do if you are sick & Statutory Sick Pay (SSP)
If you are too ill to work, you are entitled to Statutory Sick Pay. This is a legal minimum — your employer must pay it. It applies to all eligible employees, regardless of how much you earn or where you are from.
Who qualifies for SSP?
- You are classed as an employee (not self-employed)
- You have been ill for at least 4 days in a row (including weekends)
- You have told your employer you are sick within their deadline (usually 7 days)
- All eligible employees qualify — regardless of how much you earn, or whether you have access to public funds
- Zero-hours and casual workers may also qualify — check your contract
How to get SSP — what to do
- Tell your employer as soon as possible — follow their absence reporting procedure (often a phone call on day one)
- SSP starts automatically from day 4 of your illness — your employer does not need to do anything special, they simply pay it through your normal payroll
- Get a fit note (sick note) from your GP if you are off for more than 7 days — this documents the reason and confirms you cannot work
- Check your contract — you may be entitled to more than SSP ("contractual sick pay") which your employer pays on top
- Keep copies of all medical notes, messages, and correspondence
- If your employer refuses to pay SSP or pressures you to work while ill, contact ACAS — you can find full ACAS contact details in the Get Help section
Pressuring a sick employee to return to work before they are ready may be a breach of duty of care. Keep a record of any such pressure in case you need it later.
c) Long hours & rest breaks
UK law sets clear limits on how many hours you can be made to work and how much rest you must receive. These rules apply to all workers, including migrant workers on visas.
Your legal rights on working hours
- Most workers cannot legally be made to work more than 48 hours per week on average (over a 17-week period)
- You are entitled to a rest break of at least 20 minutes if you work more than 6 hours in a day
- You must have at least 11 hours rest between shifts
- You are entitled to at least one day off per week
- Night workers have additional protections — if you regularly work nights, contact ACAS for specific advice
- You have the right to refuse unsafe working conditions without being penalised
- You should never be pressured to work while injured or unfit
If you are being asked to work excessive hours, start writing down your start and finish times each day. Include any breaks you were or were not given. This record will be important if you need to raise a complaint. Screenshots of any rota or messages from your employer are also useful evidence.
Raise the issue with your employer in writing first. If nothing changes, contact ACAS (0300 123 1100) or the Fair Work Agency (0345 161 6000). You can also raise a formal grievance — see the Grievance Letter section below.
If your hours are being cut or you are not receiving the hours guaranteed in your contract, this can affect your income and your visa status. For care workers and sponsored workers in particular, not receiving contracted hours can put your sponsorship at risk.
For detailed guidance on this issue, visit the Work Rights Centre's resource for care workers and sponsored workers with sponsor problems: workrightscentre.org — Sponsor Problems
What happens if my hours drop?
Nobody explains this clearly — so here it is plainly. Your Skilled Worker visa has salary and hours conditions attached. Changes to your working pattern can affect your visa status.
Your Skilled Worker visa was granted based on a minimum salary. If your actual pay drops below that threshold — due to reduced hours, unpaid leave, or any other reason — your sponsor may be in breach of their duties and your visa could be at risk.
Hours cut but still being paid
- Calculate your new annualised salary. If it falls below your visa's minimum salary threshold, contact a regulated immigration adviser immediately: gov.uk/find-an-immigration-adviser
- Your sponsor has a duty to report significant changes in your salary to the Home Office. Ask them in writing whether they have done this.
- If your pay was cut without your agreement, this may be an unlawful deduction — raise a grievance and contact ACAS: 0300 123 1100.
- If the cut is temporary, ask for written confirmation of when it will end.
Sick leave and your visa — good news
Genuine sick leave — paid or unpaid — is one of the permitted reasons for absence under the Skilled Worker rules.
- You can take sick leave without this automatically ending your sponsorship, as long as your employer continues to sponsor you.
- Get a fit note (sick note) from your GP for absences over 7 days — this documents the reason.
- If your employer tries to dismiss you while you are sick, see the Unfair Dismissal section.
- SSP counts towards your salary for visa purposes — see the Sick Pay section for current rates.
- If you are being pressured to return to work before you are well, contact ACAS: 0300 123 1100.
⚠ Unpaid leave — a serious visa concern
This is one of the least understood areas. Unpaid leave can be lawful in limited circumstances, but it has direct visa consequences.
- Your sponsor can only place you on unpaid leave in very limited situations permitted by the Home Office (e.g. statutory unpaid parental leave, strike action). Other use of unpaid leave may breach their sponsor licence conditions.
- Prolonged unpaid leave that reduces your effective salary below the visa threshold can jeopardise your sponsorship.
- Contact a regulated immigration adviser immediately: gov.uk/find-an-immigration-adviser
- Request written confirmation from your employer of the reason for unpaid leave and its expected duration.
- If you believe unpaid leave is being used as a form of control, contact the Fair Work Agency: 0345 161 6000.
Zero-hours contracts and visa status
Zero-hours contracts are complicated for Skilled Worker visas. Most sponsored workers should not be on zero-hours contracts.
- Skilled Worker visas require a guaranteed minimum salary. If your contract does not guarantee this, it may not meet visa requirements.
- Check your Certificate of Sponsorship — what salary was stated? Are you actually receiving that?
- If your actual earnings are consistently below your sponsored salary, contact an immigration adviser: gov.uk/find-an-immigration-adviser
- If you work in care, check whether your employer is meeting the care worker specific salary requirements — report concerns to the Care Quality Commission and the Fair Work Agency.
d) Wrong pay & unpaid wages
Being paid less than you are owed — or not paid at all — is one of the most common forms of exploitation faced by migrant workers. You have strong legal rights here.
National Minimum Wage — what you must be paid (2025/26)
- Age 21 and over: £12.21 per hour (National Living Wage)
- Age 18–20: £10.00 per hour
- Under 18 (school leaving age and above): £7.55 per hour
- Skilled Worker visa holders must also meet the minimum salary for their specific occupation code — this is set separately by the Home Office
- Your employer cannot average your pay across weeks to get around minimum wage — each pay period must meet the minimum
Common ways employers underpay workers — and what to do
- Deducting money for accommodation, transport, or equipment — deductions cannot bring your pay below minimum wage
- Not paying for all hours worked — including time spent travelling between work sites, waiting time, or mandatory training
- Not paying holiday pay — you are entitled to at least 5.6 weeks of paid holiday per year (pro-rata for part-time workers)
- Paying cash in hand with no payslip — you have the legal right to a payslip showing your hours and deductions
- Charging you for uniforms or tools — if this brings your pay below minimum wage, it is illegal
First, raise the issue with your employer in writing and keep a copy. If they do not correct it, you can report to the Fair Work Agency: 0800 917 2368 (free) — they can investigate and recover unpaid wages on your behalf. You can also bring a claim to the Employment Tribunal. See the Get Help section for more.
The Fair Work Agency is an employment enforcement body, not an immigration authority. Reporting wage theft to them does not trigger any action against your visa or immigration status however it can lead to your sponsors license being revoked. Reach out to Work Rights Centre, Migrants At Work or Migrant Rights Network for more information.
f) Public funds
Most migrants on a Skilled Worker visa have a "no recourse to public funds" (NRPF) condition, meaning you cannot claim most welfare benefits. However, this does not mean you have no access to any public services. Below is a clear summary of what you can and cannot access in 2026.
Many people assume that "no recourse to public funds" means they are cut off from everything. This is not true. Healthcare, schooling, and some emergency support remain available to you. The table below explains what applies in each area.
The NRPF Network provides detailed guidance on support for people with no recourse to public funds, including information for local councils and support workers. Visit nrpfnetwork.org.uk for more information. You can also contact Migrants At Work or the Work Rights Centre for advice specific to your situation.