A
BILL
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Provide that employers may not offer to migrant workers terms and
conditions less favourable than those offered to UK nationals for the same
employment; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1) The Equality Act 2010 is amended as follows.
(2) In section 4, insert at the appropriate place—
5“immigration status, but only for the purpose described in section
39(9);”
(3) After section 7, insert—
A person’s immigration status is the nature and extent of their right,
10clearance or leave under the Immigration Acts to enter or remain in the
United Kingdom, and includes any conditions placed thereon.”
(4) In section 39, after subsection (8) insert—
“(9) For the purpose of subsections (1)(b), (2)(a) and 2(b)—
(a) immigration status is a—
(i)
15“protected characteristic” in section 13 (direct
discrimination), and
(ii)
“relevant protected characteristic” in section 14
(combined discrimination: dual characteristics); but
(b)
where the protected characteristic is immigration status, A does
20not discriminate against B if A can show A’s treatment of B to
be a proportionate means of achieving a legitimate aim.”
Terms and Conditions (Migrant Workers) BillPage 2
(5) Schedule 22, paragraph 1(1), insert into the table, at the appropriate place—
| “Section 39 | Immigration status |
A requirement of an enactment |
| A relevant requirement or condition 5imposed by virtue of an enactment” |
(1)
This Act may be cited as the Terms and Conditions (Migrant Workers) Act
2015.
(2) This Act comes into force on the day on which it is passed.
(3)
10Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.