UNISON is very concerned about the number of reports of migrant care worker staff being exploited by social care employers.
Migrant care workers are frequently trapped in inadequate housing, paid rock-bottom wages for excessive hours and locked into unfair contracts. Some have paid colossal fees to take jobs in the UK. Some say they are unable to leave a location even when they’re not on shift or are told to pay back huge sums to the company when they raise concerns about their working conditions or service quality. Sometimes this is backed with threats of deportation.
Care worker ill treatment is rife, irrespective of migration status. But unscrupulous employers have greater powers over migrant care workers because their work visa is tied to their employment status – if they lose their job they will lose the right to work and live in the UK unless they find another job with an eligible social care employer.
UNISON believes that migrant workers deserve to be treated with dignity and respect in compliance with UK employment law and not face the threat of deportation if they challenge their employer. We continue to campaign for changes to immigration rules and for a transformation of conditions in social care.
This FAQ covers current issues that are commonly experienced by UNISON branches.
What can I do if a migrant worker is threatened with dismissal?
UNISON has found that many overseas workers in social care are confronted with threats of dismissal and deportation if they challenge their employers. This means that the union often has to proceed carefully to protect the member’s right to work and live in the UK even as we enforce their employment rights or take action against the employer. An informal trade union approach has often been the first step. This includes talking to the employer to make it clear that the member has the support of the union. Another option is to talk to the local authority if the employer is providing contracted out services
How can I help members looking for alternative jobs in social care?
A common issue for members is the fear that challenging the employer will lead to dismissal and deportation and the need to find an alternative, eligible employer. This has become a real problem for workers in the social care sector, where the fragmented and privatised nature of the sector makes it especially difficult to locate vacancies.
https://autonomy.work/care-visa-sponsor-database/
This is a database of UK social care providers licensed to sponsor workers’ visas. It was adapted from a tool developed by journalists at the Bureau of Investigative Journalism – created to fill a gap in existing publicly available information. A health warning – this database requires updating and might not always be current – UNISON will keep advising and updating on the best tools via National and Regional guidance.
Repayment clauses
A ‘repayment clause’ is a clause in a contract of employment which requires an employee to repay a sum of money if they leave their employment within a certain period of time. The costs are often described as recruitment and/or training costs.
In many cases, these clauses are not unlawful. Many employers use them fairly to protect their investment in staff recruitment, education, and training. However, they may be problematic where an employer uses them to penalise an employee who decides to leave their employment. The Government explicitly discourages their use and asks that employers consider waiving them for a wide range of reasons including if the employee’s health and wellbeing is being affected or if they wish to move roles for career progression.
These situations are very case specific and if an employer asks a member to repay such sums or suggests that it will pursue legal action for failure to make payment, you should seek advice from the region as soon as possible via your usual agreed process.
In addition an informal approach can also be helpful. Asking for a breakdown of the costs listed, challenging any items explicitly forbidden to be charged to employees by the Home Office (sponsors cannot charge members to sponsor them or be charged for items such the certificate of sponsorship fee or immigration skills charge) and drawing the employer’s attention to the Government’s Code of practice for international recruitment are approaches that have been successfully used by UNISON where the member has signed a contract containing a repayment clause.
Predatory recruitment agencies
UNISON has found that many overseas staff coming to the UK to take up jobs in social care face upfront charges running to tens of thousands of pounds by recruitment agencies based overseas. These are dressed up as job matching/location/induction fees. Workers who have used all their savings and have mortgaged their homes to come to work in the UK are in a deeply vulnerable situation. Some employers will use this knowledge to place extra pressure on those workers to work long shifts without a break and to put up with bad conditions, deductions of wages and other exploitative practices. These workers are not only risking deportation by speaking up or challenging the employer – they are risking total financial ruin in their home country. UNISON believes that responsible social care employers should only use recruitment agencies on the NHS’s Ethical Recruiters List. UNISON has been running a campaign aimed at Local Authorities who should have significant influence on the conditions experienced by those working for contracted out social care services. This includes whether its care providers are only using approved recruiters of migrant workers. (https://www.nhsemployers.org/articles/ethical-recruiters-list).
Revocation of Sponsor Licences
The Home Office may revoke an employer’s ability to sponsor overseas workers if they believe that the employer is in breach of their duties. This leads to large groups of overseas workers facing the threat of deportation as their employer will no longer be able to sponsor or employ them. This has become an acute problem in social care. The Government has finally put in place a network of ‘International Recruitment leads’ in every English region tasked with helping affected workers in health and social care. Please contact your regional migrant worker lead to find out more.
What should I do if a member is facing exploitation and / or modern day slavery?
There are many types of exploitation migrant workers may face. This could include being subject to unfair terms and conditions, facing deductions from their wages and/or a requirement to pay back costs paid by their employer if they want to change jobs, or being the victim of harassment and/or intimidation i.e. being threatened with deportation.
If the member is facing an employment-related issue , you should seek advice from the region as soon as possible via your usual agreed process. If the member is being subjected to harassment and/or intimidation, it may be that they want to consider reporting the matter to the Gangmasters & Labour Abuse Authority: contact@gla.gov.uk / 0800 432 0804. This would most usefully be done in consultation with your region in case the member’s case is not an isolated one.
Can migrant workers take part in industrial action?
Yes. The Home Office makes clear that absences or reductions in pay due to taking part in legally organised industrial action will not affect a worker’s visa sponsorship. This also applies for absence or reduced pay for SMP, parental, shared parental or adoption leave, as well as sick leave, jury service and attending court as a witness.
JCWI helpline
UNISON has access to a free advice line run by immigration specialists at the JCWI. If a member requires advice they can access the helpline by calling UNISON Direct on 0800 0 857 857 and an appointment with a lawyer will be arranged. To receive assistance, members must satisfy the four-week rule in the usual way. The helpline is best used for advice relating to immigration rules, visas etc and not for employment related issues being experienced by migrant workers. The helpline will only provide advice not ongoing casework support – please contact Narmada Thiranagama if such support is needed. There are currently backlogs on the phoneline due to pressure of need and some inappropriate redirection of employment related cases. If a member urgently needs advice please flag it to the region and ask for it to be escalated to UNISON Centre and the Policy Unit.
Organising migrant workers
Organising is key to empowering members, to build the union and achieve better outcomes for members – and is at the heart of the approach we take to fighting for migrant worker rights. Migrant workers in the social care sector are a group who are under-protected by our employment rights framework and would therefore particularly benefit from a strong organising approach with a well-planned and resourced strategy to challenge exploitative employers and engage with local authorities and enforcement bodies to achieve higher standards. To support this work, each UNISON region has a migrant worker lead who links in with the union’s strategic organising unit and has access to regular updates, resources and advice.
Organising is key to empowering members, to build the union and achieve better outcomes for members – and is at the heart of the approach we take to fighting for migrant worker rights. Migrant workers in the social care sector are a group who are under-protected by our employment rights framework and would therefore particularly benefit from a strong organising approach with a well-planned and resourced strategy to challenge exploitative employers and engage with local authorities and enforcement bodies to achieve higher standards. To support this work, each UNISON region has a migrant worker lead who links in with the union’s strategic organising unit and has access to regular updates, resources and advice.
In addition to this UNISON has established a Migrant Workers Member Network (MWN) which allows our migrant members to self-declare themselves as migrant workers. This network allows UNISON to target specific advice, support and information more effectively for migrant worker members.
Branches are encouraged to support the growth and development of this network by promoting it via their current communication channels. Branches can also order the MWN flyer here
If you would like further support or guidance on organising migrant workers, contact Amrik Natt – a.natt@unison.co.uk
29 August 2024