UK Labor Law Challenges: How Offshoring to the Philippines Provides a Strategic Advantage

With the UK government advancing plans to revamp UK labor laws, employers must prepare for significant changes in meeting employee obligations. 

The proposed “Day One Rights” legislation, for example, will extend protections to over seven million employees, granting them immediate entitlements such as statutory sick pay, maternity and paternity pay, and safeguards against unfair dismissal from day one.

While these updates aim to enhance worker rights and living standards, they also impose additional resource and planning demands on employers. Offshoring presents a practical solution to meet these rising demands.

By partnering with outsourcing providers, UK businesses can offshore to locations like the Philippines to help manage compliance costs and maintain competitiveness. This guide explores the different challenges and benefits of outsourcing to support companies through these regulatory shifts in the UK. 

3 Key UK Labor Law Challenges for Businesses

The evolving landscape of UK labor laws presents a series of challenges for businesses, particularly as recent legislative changes add complexity to compliance. Here are some of them.

1. “Day One Rights” legislation

The new Day One Rights legislation grants employees immediate entitlement to benefits, requiring companies to provide these from day one of employment. This poses a particular challenge for businesses with large workforces, as they must now manage benefits without the buffer of a probationary period to set up HR processes for claims management.

To ensure compliance, companies will need to keep their HR systems updated. However, the immediate entitlement to benefits may require new tracking and management tools. This adds pressure to HR teams, who no longer have the time previously provided by probationary periods to prepare.

As a result, the retailer will face higher costs to provide paid holidays, sick pay, and flexible working requests. HR will also need to invest in new systems and train staff on the new legislation, which increases both administrative tasks and financial strain.

2. Rise of labor costs and wage increases

The National Minimum Wage (NMW) and National Living Wage (NLW) set baseline pay standards for UK workers. In 2023, the NLW increased by 9.7%, raising the hourly wage for workers aged 23 and over to £10.42. This wage increase raises labor costs for businesses, adding financial strain as they work to absorb these higher expenses.

Unfortunately, for small and medium-sized businesses (SMEs), higher wages mean higher overall costs. Enterprises that fall in industries like retail and hospitality rely heavily on labor, but if they pay more for staff, they reduce profit margin. For example, a small café paying minimum wage now faces significantly higher payroll expenses, which also means raising prices on their menu or reducing staff hours.

3. Gender pay gap reporting

UK employers with 250 or more employees are legally required to publish annual gender pay gap reports detailing differences in average hourly pay between male and female employees. 

This transparency can increase pressure from the public, employees, and regulators to address any pay disparities, prompting changes in wage structures, promotion policies, and recruitment practices to help close the gender pay gap.

UK and Philippine Labor Laws: An Overview

This overview provides a comparative analysis of UK and Philippine labor laws, focusing on employment costs, social benefits, employee protections, and contractual flexibility. Understanding these differences can help you make informed decisions when managing workforces in both regions.

Employment costs

Factor	UK	Philippines
Minimum Wage	NMW rates range from £6.40 to £11.44 per hour, depending on age and region. In London, it’s £11.95 (approx. PHP 905.01).	The minimum wage varies by region, ranging from PHP 610 to 645 (around £8) per day, with Manila typically offering higher rates.
Salary	Employees receive a monthly salary with statutory deductions for tax and National Insurance under Pay As You Earn (PAYE).	They are paid monthly, with taxes deducted at source, but wages are generally lower due to the country’s minimum wage laws.
Overtime	Overtime is regulated, with time-and-a-half pay for regular hours and double pay for holidays.	Overtime is typically paid on top of the salary, but rates are often lower than in the UK.
Sick Leave	Employees receive Statutory Sick Pay (SSP) of £116.75 per week for up to 28 weeks, with many employers offering full pay for a period.	Employers are not legally required to provide paid sick leave, though many offer it based on company policy.

Social and statutory benefits

Factor	UK	Philippines
Social Security	Both employees and employers contribute to National Insurance, funding social benefits like pensions, healthcare, unemployment support, and sickness benefits.	Social security contributions are also required, but overall costs are lower than in the UK.
Health Insurance	The UK government provides healthcare to all residents, with employers offering private insurance benefits.	Both employers and employees contribute to the government-run PhilHealth system, with private insurance being less common.
Pensions	Employers must automatically enroll qualifying employees in a pension scheme, with mandatory contributions based on salary.	Employers contribute to the SSS pension scheme, though private pensions are less common.

Employee protections and compliance requirements

Factor	UK	Philippines
Unfair Dismissal	Employees need two years of continuous employment to claim unfair dismissal.	Employees can claim unfair dismissal regardless of tenure, though termination procedures are simpler.
Discrimination Claims	Discrimination claims (race, age, gender, etc.) can be costly, with no cap on tribunal awards.	Discrimination claims are less frequent, and compensation is generally lower.
Whistleblowing	Employees are protected from retaliation and can receive uncapped compensation for successful claims.	Whistleblowing claims are rare, and legal protections are weaker.
Labor Disputes	The UK has a formal Employment Tribunal system, but legal costs can be high.	Labor disputes are typically handled by the National Labor Relations Commission (NLRC), with simpler and more affordable proceedings.

Hiring processes and regulatory complexities

Factor	UK	Philippines
Hiring Requirements	Employers conduct eligibility checks and background screenings and ensure compliance with right-to-work rules.	Hiring is straightforward but requires compliance with government statutes and contributions.
Onboarding	Onboarding includes providing a written contract and fulfilling statutory requirements.	Onboarding is simpler, with fewer statutory documents and legal disclosures.
Union Representation	Employees have the right to union representation during disputes.	While union representation exists but is less formalized.

Flexibility in employment contracts and terminations

Factor	UK	Philippines
Contract Flexibility	Employment contracts must specify terms, offering less flexibility in job roles or termination conditions.	Labor laws are more flexible, allowing employers to define job scopes and employment terms with greater freedom.
Notice Period	Notice periods are set by law based on tenure, with employees required to give at least one week’s notice and employers up to 12 weeks.	Notice periods are typically 30 days, but shorter periods can be agreed upon, especially for probationary contracts.
Termination Procedures	Termination requires justification (e.g., redundancy, misconduct) and strict legal compliance.	Termination procedures are simpler, with fewer restrictions, though severance pay may be required.
Probationary Periods	Employees often undergo a three to six-month probationary period, after which their permanent status must be confirmed.	Probationary periods are common, also lasting 3-6 months, with more flexibility in transitioning to regular employment.

Summary

Both countries meet essential employment requirements, but there are notable differences in costs and regulations. The UK has higher employment expenses, including wages, benefits, and pension contributions, while the Philippines offers a more cost-effective option with lower minimum wages and social security costs. 

In healthcare, both countries require health and pension contributions. However, the UK provides more extensive public health coverage and higher pension benefits, whereas the Philippines offers mandatory but more limited contributions.

Employee protections are more robust in the UK, with stricter laws on unfair dismissal and discrimination, leading to higher compliance demands. In contrast, the Philippines offers a more streamlined, cost-efficient regulatory environment with greater contract flexibility and simpler termination processes.

4 Strategic Advantages of Offshoring to the Philippines for UK Businesses

Offshoring to the Philippines provides UK businesses with cost savings and access to a skilled, English-speaking workforce. This section highlights the key advantages of outsourcing for UK companies.

1. Achieve significant cost savings

Outsourcing to the Philippines offers UK businesses major cost reductions. With lower wages, you can access skilled professionals at a fraction of UK salaries. Additionally, offshoring minimizes overhead costs like office space, utilities, and employee benefits. With significant potential savings on labor costs, you can streamline operations while maintaining quality and efficiency.

2. Increase operational flexibility and agility

Outsourcing to the Philippines lets UK businesses remain agile amidst market shifts without being hindered by strict labor laws. Need to scale quickly? Offshoring frees up time and resources so your UK team can focus on strategic priorities while your Philippine team takes care of the outsourced admin work.

3. Reduce administrative and compliance burden

By offshoring to the Philippines, you can delegate complex tasks such as payroll, benefits, and compliance management to experienced outsourcing providers. These professionals are well-versed in Philippine labor laws, ensuring full compliance and smooth operations.

4. Access specialized skills

Offshoring to the Philippines gives UK businesses access to a highly skilled workforce in areas like accounting, HR, customer service, IT, and outsourced marketing services. By leveraging top-tier professionals at a lower cost, you can gain niche expertise without the expense of hiring full-time specialists in the UK. 

Achieve Success with Offshore Smarts!

As UK labor laws shift, offshoring to the Philippines offers a smart, cost-effective solution for businesses to stay agile. Partnering with optiBPO helps UK companies navigate legal changes seamlessly while accessing top-tier talent at a fraction of the cost.

Ready to future-proof your business? Book a chat with optiBPO today and discover how we can help streamline your operations and scale efficiently!