Immigration and Employment Law Changes

9th June 2025

The Government has recently issued a white paper outlining changes to the immigration system in the UK. To help you navigate updates to employment law, our HR Advice Service team has compiled a summary that highlights the most significant changes and their implications for your organisation.

Proposed Changes to Immigration and Employment Law

• Increasing the threshold for skilled worker visas to graduate level to reduce lower-skilled migration
• Only allowing a narrow list of critical shortage occupations onto the Temporary Shortage List, alongside workforce strategies to increase training and participation rates in the UK
• Closing the social care visa route to overseas recruitment
• Restricting dependants for lower-skilled workers on the temporary shortage list and increasing salary thresholds for all visa holders seeking to bring in dependants
• Increasing English language requirements for visa holders and dependants.
• Doubling the time taken to qualify for settled status to 10 years.

In 2022, the Health and Care Worker route was expanded to include social care workers, where there is no requirement for an undergraduate-level degree. With the immigration changes, social care visas will no longer be an option for recruiting overseas workers. Instead, employers will need to consider the Skilled Worker visa (if the role falls into this category). Which, unless on the new Temporary Shortage List (still to be established), will only include specific occupations that require an undergraduate-level qualification.

These changes will have a detrimental impact on social care in the voluntary sector. We are aware of the recruitment challenges facing the sector, and employers tell us they continue to struggle to find candidates with the required skills, qualifications, and experience to fill their vacancies. This is further compounded by competition from the private sector where there are less skilled, non social care roles, offering more attractive pay, benefits, and terms and conditions.

Their results outline the concerns that social care organisations have regarding a staffing crisis and the subsequent financial strain that results.

First Minister John Swinney recently met with a selection of representatives across industries to discuss the impact these changes will have on Scotland. The Scottish Government are urging the UK Government to rethink the immigration status and to consider what Scotland needs for the care sector. We hope that this will lead to further amendments.

Are you concerned about how this will impact your organisation? If so, please get in touch with us by email at peopleservices@gcvs.org.uk.

Fair Work Employers

It is more critical now, more than ever, to consider how to be a good employer and how to attract the best people to your organisation. However, this adds additional pressure to Leaders and Managers across the sector, who are already working in complex environments. In April, we ran an employment law update session that outlined some of the key changes anticipated from the Employment Rights Bill. Although most changes are expected in 2026, it is essential to be aware of what’s coming and begin considering the impact on your organisation. These changes will affect all industries regardless of your size or sector.

More Employment Law Updates

The HR Advice team highlight more key updates and changes to be aware of:

Life and Family-Friendly Changes

• Parental Leave and Paternity Leave will become a day one right.
• Bereavement Leave will be introduced as a day-one right and is expected to be one week of leave.
• Bereavement Leave due to miscarriage will be extended to baby loss before 24 weeks and is expected to be 2 weeks of leave for both parents.
• Bereaved Partner’s Leave will be introduced to allow the father or partner to take extended leave on the death of the birth mother. 

Change to Trade Union Recognition

The Employment Rights Bill will repeal the vast majority of the Trade Union Act 2016. The expected changes are:

• A simpler process for TU recognition
• The figure for Statutory Trade Union recognition will be lowered, making it easier to gain recognition within an organisation
• There will be a new right for Trade Unions to access workplaces (whether unionised or not) to meet and organise members
• A new duty on employers to inform workers of their right to join a trade union
• A requirement to include information about the right to join a trade union in a written statement and regularly inform workers of their right to join a trade union thereafter.

Sessional / Zero-Hour Contracts

• There will be a new right to guaranteed hours to reflect the hours they regularly work
• There will also be a right to reasonable notice to change shifts or working hours

Unfair Dismissal

• The 2 year service required for unfair dismissal will be removed, and employees will have the right to claim unfair dismissal from day one of employment
• Short-service dismissals will no longer be an option
• There will be the introduction of a statutory probation period – this is expected to be 9 months

Statutory Sick Pay

• The current 3 day waiting period will be removed and SSP will apply from day one of the absence

Employment Tribunal Changes

• The timescale for submitting a claim will increase from 3 to 6 months
• The introduction of a new government-funded agency will support employees to bring claims against their employers
• This government agency will have the power to enforce employment rights e.g. unpaid wages
• They will be able to give legal representation to employees and to bring claims on behalf of employees who are resistant to do so themselves.

As an HR Advice service, we suggest you start discussing these key areas at Board and Senior Manager level:

• If you rely on overseas recruitment, consider the impact the immigration changes will have on your organisation. Consider how you will deal with any recruitment challenges you face and how you can make changes to your training and development to maximise the skills of your current staff and increase your recruitment pool.
• Onboarding, inductions and probations need to be clearly outlined alongside procedures that managers can easily implement
• Performance management needs to be robust. You need a clear process for managing performance, and this should include clear recording.
• Reviewing your absence management policy to include return to work procedures and a process to manage frequent short-term absence
• It is important to have clear policies and procedures in place
• Be prepared for Trade Union activity in your organisation and consider how you can make this positive and productive

The People and Safety Service will provide regular updates on the changes, and we will also offer training on key topics. If you are a subscriber, please contact the team if you require support with any aspect of managing your staff. If you are not a subscriber, find more information about our service here: HR and Health & Safety Advice Services.

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