Sex Work – United Kingdom -

Please note:
The following section, Sex Work – United Kingdom, contains information on the legal situation in the UK. If conditions are different in individual regions, for example in Scotland, this will be indicated.

1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes

1. Work Permit

Most migrant sex workers cannot simply start working in the UK. They need an adequate work and/or residence permit. Here is a brief reminder of the permits required. For more details please see Migration.

Who needs a work permit?

EU nationals do not need a work permit or a residence permit.

Please note:
The United Kingdom labour market will be open to all EU-citizens , including nationals of the 10 “new” member states which joined the EU in May 2004. Note that the access of nationals of the EU member states 2004 for the purpose of employment may subsequently be limited; but this has not been the case to date.

Non-EU migrants always need a residence permit, i.e. a permission to stay (“leave to remain“) if they are planning to settle in the UK. An exception applies for citizens of Commonwealth countries before 1983 who have a so called “right to abode” and therefore do not need a leave to remain. For details on leaves to remain if you are already in the UK or on visas (“entry clearance“) for entering legally the UK see Entering the UK.

Non-EU and Non-EEA nationals generally need permission to work unless they are exempted from holding a work permit. For details, please see Entering the UK and Staying in the UK.

In practice

In practice, a sex worker may only work legally in the UK if she is exempted from holding a work permit, since it is highly unlikely that permits are issued for sex work.

Consequences of working without a work or residence permit

Staying and working in the UK without a valid residence permit (leave to remain) and/or a valid work permit is illegal and can be penalised as a crime.

Please note:
If a work permit is issued, it is only issued for a specific employer and a specific kind of work. Working for another employer or doing substantially different work from the work the permit was issued for is illegal.

Working without the adequate permits may have the following consequences:

the woman can be expelled/deported,
she can be banned from re-entering the country,
she may lose what permits she has,
she can encounter difficulties when applying for any kind of new visa/permit,
she can be fined between £ 50 – £ 500; average fine of £ 150 she can be imprisoned if she fails to pay the fine.)

These consequences are enforced in practice.

2. Working as a Sex Worker

Is sex work legal in the United Kingdom?

Sex work, i.e. working as a prostitute, as a dancer etc. is not in itself illegal. For all kinds of sex work there are many restrictions, though, that need to be observed. They concern, for example, times, places or behaviour. For details, see here.

Health and Registration

In the UK, prostitutes are not registered. They are not obliged to undergo regular health checks. A woman may legally withhold her consent and cannot be forced to undergo health checks even if there is a suspicion that she may have caught a disease.

Working as a sex worker can under certain circumstances be penalised as a crime if:

It is a crime for a prostitute to seek clients in the streets. Also loitering, soliciting, or importuning any person in a public place is illegal. Where there are informal tolerance zones prostitutes are less likely to be charged while working on the streets.
It is a crime if the prostitute does not pay taxes. In consequence, legal action may be taken to recover unpaid taxes.
It is illegal to run a brothel (allowing premises to be used as brothels or more than one prostitute working in an apartment or establishment). See here for details.

For the woman’s status of remaining and working legally in the UK, see Entering and/or Staying in the UK.

For information on women`s rights in criminal proceedings see Prosecution.

Please note:
Prostitution in itself, or other kinds of sex work (waitress, table dancer, telephone sex, peep show) is not illegal.

3. Payment

If the client does not pay

An example:
A woman who works in prostitution does not take the money in advance. Afterwards, the client refuses to pay. What possibilities does the woman have to obtain her money?

Basically, the woman has the right to receive payment from the client as their arrangement constitutes a contract. Generally, refusal of payment for services can be challenged. However, the court would most likely deem the contract unenforceable as it is an ‘immoral contract’, and courts would not give it effect. Therefore the court will not award damages for breach of contract or assist either of the parties in any other way. Also, prostitutes without adequate working or residence permits run the risk of their (illegal) status becoming known to the police if they claim their money by official means.

Please note:
Clients have been found guilty of rape when they have refused to pay for sexual services as the woman would not have consented to have sex if payment had not been agreed.

If the woman does not work

If the woman takes the money in advance but does not offer her services after all, she cannot be forced to work; neither the client nor police nor any other person can make her do so. The client, however, is entitled to have his money back. If it can be established that she never intended to work, she can be punished for fraud (see Prosecution).

If the person the woman works for does not give her enough money

An example:
A woman works in a brothel, sex club etc. where the client gives the money to a third person, for example to the person who runs the club. Before the third person gives any money to the woman, he deducts a percentage for himself or deducts the rent of the room, money for food etc. What if he does not pay her at all or if he deducts too much?

Since running a brothel is illegal, the contract between the person who runs the brothel and the woman is not valid. Therefore the court will not order it to be carried out and will not award damages for breach of contract or assist the woman in any other way.

4. Workplace

A. In the Streets

1. Working Conditions

In general, soliciting or seeking clients in the streets is illegal. Where there are informal tolerance zones (not set out or supported by legislation), prostitutes may work on the streets without fear of prosecution within certain limits. Most cities and towns have one or more street scenes.
The restrictions vary according to the areas. For instance, in Scotland: Aberdeen is the only area that has a toleration zone. Glasgow has a ‘safer zone’, i.e. where it is relatively safe for women to work in these areas, but it does not constitute a zone where there is complete toleration of prostitution as many restrictions may apply. In addition, Glasgow has adopted a “zero tolerance” approach to prostitution and has a policy objective of eradicating prostitution. Edinburgh no longer has a zone.

Please note:
Working outside the tolerance zones may be deemed as loitering or soliciting in public places, which is a crime. This is a reason to withdraw visas and residence permits. The woman may be expelled/ deported. Also, women may be fined between £ 50 – £ 500 (average fine of £ 150) and police can seek bail conditions that ban the woman from designated areas of a city, anti-social behaviour orders can be sought banning the woman from certain areas for 5 years.

2. Time Restrictions

Working within the informal zones of tolerance can be restricted to certain times.

Please note:
Women who work outwith restricted times may be penalised. This is a reason to withdraw visas and residence permits. If a woman works beyond the tolerated hours practising her trade can be charged as loitering or soliciting as this is deemed as an offence not tolerated outwith the hours specified. The restrictions vary according to the areas.

B. In a Brothel / Club / Window Prostitution

1. Working Conditions

Running a brothel is a criminal offence under UK law (for instance under Scottish Law, Criminal Law (Consolidation) (Scotland) Act 1995 section 11(5)). There are no defined areas of toleration for sex industry establishments. The consequences of running a brothel are imposed on the owner and manager of the establishment not on the women working within.
In Scotland, Edinburgh has informal sex industry establishments that act as brothels (saunas, massage parlours and clubs).These establishments are licensed as places of public entertainment and are not acknowledged or licensed as brothels. There are restrictions contained within the license. These restrictions are imposed on the owners and managers of the establishment, not on the women working within. Again, the prostitute who works in a brothel is not committing an offence, but women working within the establishment must have the right to work and remain legally within the UK.
There is a statutory offence that can be committed by a female who exercises “control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution”. This means that no person may force another to work as a prostitute.

Please note:
If more than one woman are working as prostitutes in an apartment, this constitutes a brothel and is, as such, completely illegal.

2. Time Restrictions

Hours of operation for the establishments are set out in the license to all places of public entertainment. These restrictions are imposed on the managers, not on the women working in the brothel. Where women do not have a legal right to work and remain in the UK they would be dealt with in relation to this offence against immigration law, not because they were working as a prostitute, if found during a raid or inspection of the establishment.

C. In an Apartment

Working as a prostitute in an apartment is legal. However, a woman may only work on her own; there are no restrictions.

However, if more than one woman are working as prostitutes in an apartment it becomes a brothel and is, as such, completely illegal.

Please note:
It is illegal to solicit or to importune clients in public places.

D. As a Waitress

Working as a waitress is legal if the woman has a right to remain and work in the UK.

In reality, though, a woman might work as a waitress or barmaid and also as a prostitute.

But if she has a work permit to work as a waitress or barmaid, she is not allowed to work as a prostitute or anything else because the work permit is issued only for a specific job/employer (see Migration).

Since it constitutes an offence to work without the adequate permits (that is, for example, working as a prostitute although the permit is issued for work as a waitress), the consequences could be:

The woman may lose her work permit for being a waitress/barmaid,
she might lose her residence permit,
she might be expelled/deported,
she might encounter difficulties when applying for any kind of new visa/permit.

E. As a Dancer

Working as a dancer is legal if the woman has a right to remain and work in the UK.

In reality, a woman might work as a dancer and as a prostitute.

If a woman has a work permit to work as a dancer, she is not allowed to work as a prostitute or anything else because the work permit is issued only for a specific job/employer (see Migration).

Since it is an offence to work without the adequate permits (that is, for example, working as a prostitute although the permit is issued for work as a dancer), the consequences could be:

The woman may lose her work permit for being a dancer,
she might lose her residence permit,
she can be expelled or deported,
she might encounter difficulties when applying for any kind of new visa/permit.

F. As an Employee

Employing sex workers

Migrant sex workers in the UK rarely work alone. Usually there is a person who runs the club, rents her a room/apartment, takes money from the clients etc. But can women obtain a work contract which entitles her to wages and workers´ rights just as in any other profession?

The employment of prostitutes is never legal for the employer. If an employer employs a prostitute he or she can be charged for running a brothel and/or living off immoral earnings. The woman does not experience any detriments if she works as an employee, but she does not enjoy the protection of labour laws and is not entitled to any benefits.

It is legal to employ sex workers other than prostitutes, such as waitresses, barmaids and dancers, if they have adequate permits. These women do enjoy the protection of labour laws and are entitled to earnings-related benefit, unemployment benefit and a secure working environment. In reality, sex workers rarely take action to enforce these rights if they are denied. The GBM union (one of UK´s largest trade unions) has recently agreed to support sex workers’ rights to protection under employment legislation.

5. Taxes

A. Self-Employed

Self-employed prostitutes and other self-employed sex workers who have a legal right to work have to pay tax under the PAYE (Pay as You Earn) scheme as well as National Insurance contributions.

The competent authority is the “Department of Inland Revenue“.

B. Working as an Employee

Employed sex workers have to pay tax under the PAYE (Pay as You Earn) scheme as well as National Insurance contributions. The employer deducts the appropriate contributions from their wages and pays the relevant authorities on the employee’s behalf. Prostitutes cannot be officially employed, but if they are caught in a raid working as a prostitute they may be still liable to pay tax.

The competent authority is the “Department of Inland Revenue“.