Best Practice in the recruitment and employment of migrant workers in the social care sector in Merseyside.

Transcription

1 Best Practice in the recruitment and employment of migrant workers in the social care sector in Merseyside. A joint project between Liverpool Social Care Partnership, Oxfam, and Migrant Workers North West and social care employers. May 2008

2 Table of Contents Summary The Partners Migrant workers in the UK background Project background and context Migrant workers employed in Social Care The Project process Challenges and Constraints of the work Changes that have taken place as a result of the project Good Practice Guidelines Learning from Others Next steps 2 3

3 Introduction Summary The Partners Over the past twelve months Oxfam, Migrant Workers North West and Liverpool Social Care Partnership have worked with employers in the social care sector to identify and develop good practice guidance in the recruitment and employment of migrant workers. The aim of the project was to provide support to the employers to implement this good practice. The project was set up in collaboration with four social care employers in Liverpool, and took place between April 2007 and April This report provides an overview of the work of the project and describes its key learning and recommendations. Migrant workers in the social care sector were identified by Oxfam, Migrant Workers North West, and Liverpool SCP as an issue that was seldom highlighted in the general debates around migration to the UK, and particularly the migration that has taken place since the enlargement of the European Union in We particularly wanted to highlight the contribution that women migrant workers make to the social care sector. At the same time there were a number of social care providers in Liverpool who had expressed interest in recruiting workers from Europe as a possible way of addressing their ongoing recruitment and retention difficulties. The providers wanted to find out more about the opportunities afforded by international and European migration but they also had questions about whether this could realistically meet their staffing needs. The questions they raised at this early stage of the project were used to identify the key themes around which the workshops and information sessions would be based. Oxfam works to overcome poverty all over the world. Millions of people in the UK don t have enough money to live on. Oxfam believes that in a rich country this is completely unacceptable. That s why we work in the UK. Oxfam works to overcome poverty in the UK in three ways. We develop projects with people living in poverty to improve their lives and show how things can change. We raise public awareness of poverty to create pressure for change and we work with policy makers to tackle the causes of poverty. Oxfam is funded by the Big Lottery Fund to run a three year project to support low waged migrant workers to know their rights and to work with employers, service providers, the media and policymakers, to ensure these rights are upheld. Migrant Workers North West was set up in 2007 to lead on the coordination of support to migrant workers throughout the North West of England, and to champion the fair treatment of migrant workers in the workplace. The organisation was established in response to the considerable evidence gathered from individuals, trade unions and voluntary and community sector organisations, that migrant workers often experience considerable difficulties in employment, housing and isolation in the wider community. Migrant Workers North West provides information to migrant workers and employers about employment rights, housing, skills and language training, and local support services, and promotes standards for the employment of migrant workers that employers across the region are encouraged to sign up to. Migrant Workers North West promotes a Charter a voluntary code of practice on employing migrant and European workers and the sections contained within it formed the structure for some of the areas to be discussed. We took the Charter as a starting point for our project and set out to identify the specific challenges facing employers within the social care sector. The Good Practice Guidance produced in this project is based on the Charter but reflecting contributions from a wide range of agencies to make sure that the project and its findings are based upon a genuine understanding and commitment to good practice within social care. The formation of the Liverpool Social Care Partnership (LSCP) began in Since then it has developed into a sound, focused consortium, comprising more than 60 organisations from the voluntary, independent and private sectors, which operate within the social care sector. The partnership is viewed as a valuable means of drawing together providers to promote best practice. 4 5

4 Employers Migrant workers in the UK background Two private sector and two voluntary sector employers participated fully in the project. Two others were involved in the initial stages and 10 other social care providers also engaged with the project and attended at least one or more of the training and information sessions. The four employers who participated fully in the project were: Local Solutions was established in 1974 and is a unique and dynamic social enterprise that improves the quality of people s lives. For over thirty years Local Solutions has been meeting the needs of vulnerable people in the community through a number of diverse services. Local Solutions have a proven track record of improving the quality of life for vulnerable and excluded people in the region through a range of programmes, and has a number of sites throughout the Merseyside region in addition to its headquarters at Mount Vernon Green, close to the Royal Liverpool University Hospital. Homecarers Liverpool Ltd (HCL) was established in 1994 to provide care workers to support people living in their own homes. Services are provided to support older people, people with a physical disability, people with mental health problems and people with a learning disability. HCL provides cleaning, care and support services to anyone who is referred by the social services or primary care trust and those who wish to purchase their own service. HCL has its headquarters and a training and recruitment centre on Chilwall Valley Road, Liverpool and employs over 200 care support staff and 18 management/ administration staff. 4.3 MENCAP Mencap is the UK's leading learning disability charity working with people with a learning disability and their families and carers. Mencap provides three main services: 1. Support 2. Campaigning and Fundraising 3. Information 4.4 United Response United Response provides a range of services for people with learning disabilities or mental health needs. United Response provides a variety of support. This could be a few hours a week in someone's own home or 24 hours a day in a registered care home. It might be in supported living, where someone has their own tenancy, or support during the day at a place of work or at college. United Response s support is always designed around each person s individual wishes and needs. Migration is a global phenomenon which affects the lives of millions of people throughout the world. According to the International Organisation for Migration, there are now about 192 million people living outside their place of birth - more than at any point in history. Women and girls make up half of all international migrants and young people aged account for a third of all international migrants. People migrate for a wide variety of reasons so it is very difficult to refer to migrants as a homogenous group. Many are forced to flee their countries of origin to escape war, human rights abuses and persecution, or may be trafficked into forced labour or sexual exploitation. People migrate to escape poverty, inequality or lack of opportunity in their country of origin, to find work on a short or long term basis, for education, for marriage or to join families abroad. For the purposes of this project the term migrant workers refers to people who have come to the UK from overseas in order to look for or take up employment, on a temporary or permanent basis. It also refers to overseas students who may be working part-time whilst studying, and people who have Indefinite Leave to Remain as refugees, and hence have the right to work in the UK. Migrant workers in the UK are a very diverse group of people from different backgrounds, with many languages, and who bring a wide range of skills and experience. Migrant workers have filled local long-term job vacancies in vital sectors including transport, distribution, public services, agriculture, construction and hospitality and thus make an important contribution to the local economy. The Treasury has estimated that total net migration contributed around 15-20% of trend growth between mid-2001 and mid-2006, adding the equivalent of 6bn of additional output in (Cross Departmental Submission to the House of Lords Select Committee on Economic Affairs, October 2007). 5.1 What are the issues for migrant workers in the UK? In recent years the UK has seen a significant rise in the numbers of people coming to the UK to work. However despite the enormous benefits that migrant workers bring to the UK s economy and local communities, many people face exploitation in the workplace and are subjected to poor employment conditions, low pay, lack of access to employment rights and in jobs well below their skills levels. Many migrant workers are in part-time, insecure employment, often working unsociable hours, often employed by agencies and with little access to the basic in-work benefits that many other people working in the UK take for granted such as a contract of employment, paid holidays, maternity leave and paid sick leave. This can leave migrant workers vulnerable to poverty and social exclusion. Other issues which impact on the experience of migrant workers, and thus indirectly on their employers, include language and communication difficulties, lack of knowledge about where to get advice and support, isolation and being separated from their families and communities, and, sometimes, the temporary nature of their stay in the UK. Evidence suggests that migrant workers coming to the UK are unlikely to have any information about their rights, what services they are entitled to or how to access these services, and may face hostility and discrimination, which prevents them from fully settling into local communities. Women workers, including women migrant workers, may face additional barriers to accessing longer-term, more secure work and support because of caring responsibilities and are often more vulnerable to living in poverty as a result. 6 7

5 Project Background Migrant Workers employed in Social Care 5.2 The experiences of migrant workers in the North West Migrant workers make a significant contribution to the North West and the region is dependent on the skills, businesses, diversity and vibrancy that they bring. Migrant workers come to the North West from all parts of the world to study, to work, to seek protection. Since the enlargement of the European Union in 2004 to include what are known as the A8 countries ( Poland, Lithuania, Latvia, Slovenia, the Czech Republic, Hungary, Estonia, Slovakia ) many people have come to the UK to find work and many businesses have gone to Europe to recruit and bring workers back to the UK. It is estimated that up to 1 million people have come to the UK as a result. The Accession Monitoring report from the Borders and Immigration agency reports 796,000 Workers Registration Scheme (WRS) applications to the end of December Workers from the A2 countries (Romania and Bulgaria) which came into the EU in January 2007 are subject to employment restrictions and, unless self employed, are unable to apply for job vacancies in the social care sector. Research by Merseyside Social Inclusion Observatory (2006) found that between , 36,555 people from Eastern Europe were registered on the Workers Registration Scheme in North West England. The latest figures from May 2004 to December 2007 show over 70,000 WRS applications in the North West. Registration on the WRS, for the first 12 months of continuous employment in the UK, is a Home Office requirement that applies only to people from the A8 countries. It excludes people who are self-employed. Of those people registered in % were people from Poland, 11% from Slovakia and 6% from the Czech Republic The same research found that migrant workers from Central and Eastern Europe were employed across the region as process operators, kitchen assistants, farm workers, packers, cleaners and care assistants. The research identified that most migrant workers had insecure employment status, were employed by agencies or were self employed, and paid the basic minimum wage or less. Deductions from wages, for example for agency fees, left many with very little disposable income. It also found that migrant workers were living in inadequate, unsafe, insecure and expensive accommodation, had difficulty accessing English classes and opening bank accounts and knew very little about their rights in the UK or how to access services such as GPs or schools. Some migrant workers were homeless and destitute on arrival in the UK or as a result of losing the job that they first came with to the UK. To try and tackle some of the issues described above, both Oxfam and Migrant Workers North West are currently working to support low waged migrant workers to know their rights and to develop initiatives in partnership with employers, service providers, the media and policymakers to ensure that the rights of migrant workers are upheld. We recognise that recruiting and employing migrant workers not only brings unique opportunities, but also, challenges for employers, who may need to develop new contacts and knowledge, and consider new approaches and ways of working. In developing this project Oxfam, Migrant Workers North West and Liverpool Social Care Partnership aimed to support employers to develop strategies which would enable them to more effectively recruit and employ migrant workers to ultimately benefit their organisations, the service users and their workforce in the longer term. Some social care providers in Merseyside have been successfully employing migrant workers for a number of years and have developed excellent practice in their recruitment and employment. Others are keen to engage with new communities but feel they need support and guidance to do this effectively and ethically. According to the Commission for Social Care Inspection (CSCI), the term social care covers a huge variety of services which range from community support, such as home care, meals and day services, right through to care homes and drop-in centres for disabled people. Older people are the main users of care homes but social care services also cater for people with learning disabilities, physical disabilities or mental health problems. Some services are also used by people with drug and alcohol problems. In England, more than 1.5 million people use social services and around the same number work in the sector, with over 25,000 public, private and voluntary organisations, with a total cost of around 17.5 billion. Overall, one in 25 of the national working population is employed in the care sector. In order to provide this huge range of services for people with diverse support needs, the social care sector needs skilled and committed workers to provide care and nursing assistants, support workers, supervisors, care managers and many other roles which require a wide range of skills, experience and qualifications. Many migrant workers are attracted to the care sector. It provides the opportunity to use skills, qualifications (some relevant, some not) and experience gained overseas and, as with all care workers, the opportunity to contribute towards the care of vulnerable people. Some workers will have been recruited directly from their home country whilst others may have come to the UK to look for work or to study and have later taken up employment within the sector. Employing migrant workers in social care settings is not new. As with the health service, many parts of the social care sector are entirely dependent on migrant workers providing excellent services to a wide range of service users. According to Social Care Code of Practice for International Recruitment (SCCIR) around 95,000 of England s social care workers 8 9

6 The Project Process were born outside the UK about 9.5% of the total sector workforce. Data from the 2006 Office for National Statistics annual population survey suggests that more than 100,000 care assistants and home care workers are born overseas - 16% of the registered workforce. The same survey shows that Zimbabwe provides the highest percentage of the non-uk born social care workforce (12%), followed by the Philippines (10%), Ghana (7%), Poland (7%), Germany (6%), Nigeria (6%), India (5%), Jamaica (3%) and the Irish Republic (3%). Data from the WRS suggests that between May 2004 and June ,610 applicants registered as care assistants and home carers the eighth most popular career for migrants from the "A8" countries The largest group of those working in social care, health and medical services were from Poland (62%), followed by Lithuanians (14%). One of the challenges facing the social care sector across the UK is the high vacancy and staff turnover levels and low rates of retention of workers. In order to respond to these issues, more and more employers in social care are looking to employ migrant workers in addition to the local workforce. Recruiting and employing migrant workers effectively and ethically may involve adopting new approaches and ways of working. Whilst the sector can provide a range of excellent employment opportunities for migrant workers, there is also a need for employers to ensure that not only do their employment practices comply with legal and industry standards but they apply good practice in the recruitment and employment of migrant workers. This is to ensure that the best possible service is given to clients and that workers enjoy full access to their rights which brings with it a range of benefits to employers, staff and service users including increased staff retention levels and a diverse workforce. There were four phases of the project. 8.1 Recruitment of employers. Oxfam and MWNW initially made contact with the Liverpool Social Care Partnership who then invited their employers to come and learn more about the project at a meet and greet event in April The four employers listed in section 4 subsequently agreed to participate. Other providers engaged with the project, attending particular workshops and meetings based on their needs. 8.2 Consultation with employers and migrant employees A consultation process was then held with the initial six employers to establish their priorities and concerns and what they hoped to gain from the project. Four employers then decided to join the project, and each one was then asked to complete a questionnaire to provide more information about their services, the make up of their workforce, their current recruitment and staff support processes. They were also asked why they had decided to participate in the project and how they hoped it could benefit their organisation. Individual meetings were arranged with each employer to establish in more detail which areas needed more information or support from the project and what they wanted to achieve. An action plan was then drawn up for each organisation. The four employers identified the following issues: How to review their existing policies and procedures to assess how migrant friendly they might be, including equal opportunities and diversity, recruitment, induction, employment, and language support How to compile a welcome pack to provide information for people new to the area as well as to the country, and to find out where to signpost people for benefits, housing, health and advice How to provide a package of support to integrate migrant workers into the local community, and make links with other relevant organisations such as ESOL providers and advice centres Whether recruitment of migrant workers could enable them to fill staff vacancies particularly on evening and weekend shifts. How to address employers fears and concerns about recruiting workers from overseas. Information and support was needed on how to ethically recruit staff directly from overseas both from inside and outside of the EU and also to more effectively target advertisement of vacancies amongst the local migrant population Employer responsibilities and duties using the new Points Based System for immigration and the Workers Registration Scheme. Whether Criminal Record Bureau (CRB) checks can be used effectively for employees who are new to the UK and what employers responsibilities and duties are in this area. How to deal effectively with racism and negative perceptions of migrant workers amongst service users, workers and longstanding staff. How to improve communication with current workforce in order to manage possible workforce tensions How to address the issue of local worklessness or unemployment. Employers did not want to set up new initiatives that would create inequality or tensions within staff teams or the local community. How to develop existing training and better meet the needs of migrant workers and to improve communication with service users and other staff, including the need for training in English for Speakers of Other Languages (ESOL). How to increase the diversity of the workforce. Provide opportunities to learn from other social care providers about good practice. How to review their existing policies and procedures to assess how migrant friendly they might be, including equal opportunities and diversity, recruitment, induction, employment, and language support. How to compile a welcome pack to provide information for people new to the area as well as to the country, and to find out where to signpost people for benefits, housing, health and advice. How to provide a package of support to integrate migrant workers into the local community, and make links with other relevant organisations such as ESOL providers and advice centres. Whether recruitment of migrant workers could enable them to fill staff vacancies particularly on evening and weekend shifts. How to address employers fears and concerns about recruiting workers from overseas. Information and support was needed on how to ethically recruit staff directly from overseas both from inside and outside of the EU and also to more effectively target advertisement of vacancies amongst the local migrant population. Employer responsibilities and duties using the new Points Based System for immigration and the Workers Registration Scheme. Whether Criminal Record Bureau (CRB) checks can be used effectively for employees who are new to the UK and what employers responsibilities and duties are in this area. How to deal effectively with racism and negative perceptions of migrant workers amongst service users, workers and longstanding staff. How to improve communication with current workforce in order to manage possible workforce tensions How to address the issue of local worklessness or unemployment. Employers did not want to set up new initiatives that would create inequality or tensions within staff teams or the local community

7 Challenges and Constraints How to develop existing training and better meet the needs of migrant workers and to improve communication with service users and other staff, including the need for training in English for Speakers of Other Languages (ESOL). How to increase the diversity of the workforce. Provide opportunities to learn from other social care providers about good practice. Consultation meetings also took place with migrant workers employed in each organisation to make them aware of the project and to find out what they thought the project should achieve. Workers were also asked to identify and issues or concerns they might have, and their suggestions for what the employer could do or could have done to improve their experiences in and out of work. Migrant workers identified the following areas: English language and communication issues at work were a big concern. There was a desire for employers to provide ESOL classes Few had experienced problems with their UK born colleagues and most felt supported by their employers. However some workers had experienced racism from colleagues and service users and felt they could approach their employers to deal with these issues Some felt that their skills were being underutilised and that there were limited opportunities to progress in their current role Some experienced a number of difficulties on arrival in the UK such as knowing how and where they could access support with health and housing and felt that their employer could play a greater role in supporting others in the same situation. 8.3 Support for Employers The project used the information provided through the consultation to provide support for employers in developing and implementing good practice in employing migrant workers. Good Practice workshops were then arranged, based on the themes identified in the consultation and open to all employers within the sector. 15 employers attended at least one workshop, with between fifteen and twenty people attending each session. These provided opportunities to learn from specialist agencies in the field, to identify good practice and to share ideas and experiences with other providers. The project also offered support and advice on an individual basis when required. The project also offered support and advice on an individual basis when required. The following workshops were delivered Dealing with racism and workplace tensions facilitated by Migrant Workers North West and Oxfam Good Practice in recruiting migrant workers, in relation to Criminal Record Bureau (CRB) checks - delivered by the CRB Migrant workers rights, entitlements and employers responsibilities delivered by Anfield Citizens Advice Bureau What works in the recruitment and employment of migrant workers learning from the experiences of AG Care, a social care provider in London with experience of recruiting and employing workers from within Europe delivered by AG Care Employers responsibilities and using the Points Based System when employing overseas staff delivered by the Borders and Immigration Agency (Home Office) Induction and support for newly recruited migrant workers - putting together a welcome pack delivered by Migrant Workers North West and Oxfam Good Practice in Overseas Recruitment delivered by EURES (Jobcentre Plus European Recruitment) In addition to the workshops a number of group meetings took place to provide opportunities for employers to network with others, share ideas, experiences and concerns and get advice around policies and procedures, employment practices, and communication with the workforce. 8.4 Drawing conclusions, identifying Good Practice and dissemination of the project findings. At the end of the project in April 2008, review meetings took place with each employer to monitor the progress that had been made towards achieving the outcomes listed in their action plan, and to identify changes that had been made as a result of the project. They were also asked to identify any outstanding issues or areas for further development. The project threw up a number of challenges. 9.1 Engaging with migrant workers: It was sometimes difficult to meet and engage with migrant workers during the course of the project. The benefits of this type of developmental project might be long term and may not impact on these workers directly. There was no incentive for migrant workers to attend consultation meetings unless they were being paid to do so and the individual nature of their work, especially those employed in domiciliary care, meant that it was difficult to meet workers as a group, through team meetings or employee forums. There were also issues of lack of trust where migrant workers were sometimes reluctant to be explicit about their issues and what they wanted out of the project. 9.2 Tenders and the Commissioning process: The commissioning of social care and the tendering processes in Liverpool have resulted in social care being provided by a range of private and voluntary sector providers. This has had a major effect on the sector as a whole and specifically on the terms and conditions of the workers who provide care services. Discussions with both employers and staff during the course of this project suggest that the tendering process has had a negative impact on the rates of pay of care workers in Liverpool. Hourly rates vary from the basic minimum wage rate of 5.52 (in October 2007) to just over 7.00 per hour. The combination of low pay and, in some cases, the lack of payment for travel and training, has an adverse effect on the workers. As a result the morale of many care workers is low and the attractiveness of the sector to new workers is considerably diminished. Although the employers recognised the seriousness of this issue, most reported that they were unable to improve rates of pay because of the contracts and tendering process. Whilst both the workers and the employers recognise that the workforce is highly skilled and committed, 12 13

8 Employers Responses to the Project Changes that have resulted from the project and that social care provision is dependent upon these hard working staff, the current rates of pay in no way reflect the quality of care and value of the services they provide, and in fact are comparable with the pay rate for unskilled work in other sectors. In our view this is unsustainable in the longer-term and the reliance on migrant workers as workers who will take the lowest pay cannot be the basis for good practice. 9.3 Immigration policy It is anticipated that there will be difficulties for social care providers who want to recruit overseas as a result of the introduction of the new Points Based System (PBS) which started to come into operation in February The criteria for work permits under the new system will mean that employers will not be able to recruit from outside the EU for posts that are graded as less than NVQ Level 3. There is the further possibility that some companies will lose existing dedicated staff who may not be able to renew their work permits. Government policy is now moving towards prioritising UK or EU workers above individuals from outside the EU. New criteria, under a series of Tiers, are designed to ensure that non-eu workers can only apply to work in the UK under specific conditions and to fill skills shortages that have been identified in the UK labour market. Employers felt that they had a greater knowledge of the rights of migrant workers and their responsibilities as employers in relation to them, a better understanding of how CRB checks affect organisations employing migrant workers increased confidence in dealing with workplace tensions especially about the perception of migrant workers stealing jobs increased their knowledge and understanding of the needs of migrant workers and the migrant worker Charter increased their contacts with networks and organisations that can be used to support migrant workers developed some innovative ideas on good practice. We now feel more confident in recruiting migrant workers from the UK. We have not recruited directly from overseas yet but we will be more aware of the pitfalls if we do. Members of our staff have attended all of the workshops and we would rate them all as 9 (extremely useful). We ve picked up some useful contacts. We are happy that the project has exceeded our expectations. Employers also said that they appreciated the opportunity to debate and clarify policy issues, for example about CRB checks and their limitations, and to discuss the need to have procedures in place to supervise and support staff throughout the employment process. We ve had the opportunity to discuss whether to invest in European recruitment in terms of costs and future planning, and discuss our concerns about ignoring local population Emerging Good Practice Local Solutions have secured a contract with Skills for Care to train five migrant workers to become mentors to newly employed migrant workers. The project will see each mentor achieve an NVQ L3 certificate in mentoring in the workplace, thereby ensuring that they are confident in their new roles and giving them the skills to engage in 1 to 1 support sessions with new employees. The mentors will work with the new employees for the first 12 months of their employment ensuring that their needs are being met and any barriers to continued and enjoyable employment with Local Solutions are removed. During the course of the project there were considerable changes made in the attitude of employers towards migrant workers, with many saying that their misconceptions, largely influenced by the media, had been dispelled and there was an increased awareness and confidence in dealing with workplace tensions including racism. Liverpool Social Care Partnership also met with members of the Migration Advisory Committee, the government body which identifies UK skills shortages and reports on future international recruitment needs. They raised their concerns that the skills level being set for work permits for social care workers (NVQ L3) would effectively exclude the staff that the sector needs and therefore should be changed. Some employers are now paying staff out of pocket expenses to attend training and are considering paying for their time to attend training to strengthen the skills of the workforce. Home Carers Liverpool Ltd have created a welcome pack for all staff, not just migrant workers. MENCAP have made changes to enable applicants who don t speak English as a first language to better access job opportunities within the organisation and now have an increased confidence in recruiting migrant workers from with the UK Liverpool Social Care Partnership have benefited from new contacts and networks and are now promoting the Good Practice charter and the use of welcome packs with other social care employers Proposed Changes Home Carers Liverpool Ltd plan to give new staff specific mentors and a member of their training and recruitment team will contact new staff each week to iron out any problems they may have. The company is also looking to recruit more staff from the migrant communities in Liverpool. MENCAP plan to develop a welcome pack containing social and economic information which will be made available to all workers. MENCAP also plan to refer applicants who were unsuccessful at interview because of their English language skills to ESOL courses. They also plan to target advertisements for vacant posts to ethnic minority communities in the City and raise awareness of the services they provide. Liverpool Social Care partnership are exploring the feasibility of attending a recruitment event in Europe with support from EURES All the employers were interested in receiving further training and participating in further good practice workshops What has limited the agencies/sector in implementing bigger changes? Some employers felt that due to financial constraints they are not in a position to recruit directly from overseas. Most employers are still in the process of gathering the information needed to make decisions about the future recruitment and employment of migrant workers

9 Good Practice Guidelines Employers were concerned that they do not have mechanisms in place to assess levels of English; they expect a certain standard but don t have the means to measure this. Employers felt unable to invest in recruiting workers with insufficient English language skills and provide in-house training. Through working with employers, migrant workers and other specialist agencies, as part of the workshops and in-group meetings, we were able to identify good practice in each of the themes identified by employers at the start of the project. In additional to these guidelines, employers are encouraged to sign up to the Minimum Standards Charter for Good Practice in employing migrant workers and European workers promoted by Migrant Workers North West and further adapted in the Good Practice Guide to the Recruitment and Retention of International Workers within the Social Care Sector Greater Merseyside, A report for Skills for Care Greater Merseyside produced by Merseyside Social Inclusion Observatory for Skills for Care in May For contact details see the end of the report. Further guidance can be found in the Social Care Code of Practice for International Recruitment Recruiting migrant workers directly from overseas Consider local unemployed workers before recruiting from overseas Consider ethical factors when recruiting from overseas. Use reputable employment agencies that do not charge a fee to applicants and will protect your interests as an employer. EURES is part of Jobcentre Plus and is an extra service for employers who can t find workers within the UK. There are 700 EURES advisers across Europe, 23 in the UK, and 1 in the northwest. EURES advisers give help and advice to job seekers and employers and can help link employers to job fairs in different countries in Europe. 2,000-3,000 people per day attend job fairs. Employers can send job adverts to EURES website through JCP and can put application forms or CVs on the website through their advisers. Employers need to stipulate accommodation arrangements. Employers may need to go out to the countries and interview people and EURES can facilitate this. Over 300 CV s are currently on the website, over 3,000 employers are registered, and over 1 million jobs are advertised on the website. Employers can contact UK NARIC to get information and opinion on vocational, academic and professional skills and qualifications from over 180 countries. There is a charge for this service. Employers should familiarise themselves with the Points Based System for immigration and the requirements for gaining work permits and becoming a sponsor. Guidelines for employers and sponsors can be found at Employers need to register with BIA to be a sponsor. Licensed sponsors will be able to issue certificates of sponsorship to workers. The worker can use the certificate to apply through the PBS and for a visa. Provide information to existing staff about how to extend their work permits. This information is available on the BIA website Recruiting migrant workers from within the UK Employers cannot specify that they wish to employ a worker of a particular nationality or race unless this is a Genuine Occupational Qualification (The Race Relations Act 1976 (RRA) (Amendment) Regulations 2003) It is the employers responsibility to ensure that workers from the A8 countries are registered on the Workers Registration Scheme. There should be no difference in the shortlisting and interview processes used when recruiting migrant workers and UK nationals. Employers need however to review current practices to make sure that they are attractive and accessible to people from all different backgrounds. Consider how and where current vacancies are advertised to attract applicants from migrant communities. Consider using websites, libraries, job fairs in different community settings, faith groups, community newspapers as well as JCP to attract applicants from diverse communities. Consider providing an attractive package of support which may include accommodation to local workers as well as migrant workers Employment and Retention of Migrant workers - Using existing good employment practice and legal standards Ensure that the same good employment practices apply to all workers regardless of nationality or race. All workers should have full access to statutory employment rights and legislative protections such as the right to be paid the minimum wage, have a contract of employment, paid holidays, and opportunities for professional development. Employers should provide this information as part of good practice. Ensure that all workers know about their right to join a trade union and provide information about how to do this during the induction process. Migrant workers should not be excluded from any existing policies or procedures. There should be no need to make any separate arrangements or agreements. Review job descriptions, person specifications, application forms and monitoring forms to ensure that they meet the needs of a diverse group of applicants and record information about nationality so that you can monitor your success at recruiting from a wide range of communities Providing support and Information to new workers Consider a starter or welcome pack for new workers which contain information about local 16 17

10 services health, housing, library and education services, transport, social, leisure and cultural activities - as well as information related to the social care sector in the UK, the organisation and the post. This is because workers who are new to the area, the country or the company often experience isolation and this approach helps address these immediate needs for ALL workers. You could use or adapt the Welcome Pack developed by Kensington Regeneration partnership which is available in English, Polish, French, Arabic, Farsi, Turkish, Somali, Cantonese, and Mandarin. For further details contact paula.murawski@liverpool.gov.uk or see the website Make links with other local or national organisations and signpost new employees to additional support services. A list of support organisations and service providers can be found on Consider setting up a buddying or mentoring scheme for all new staff to ensure that all staff receive supported when they start work and, as a result, may be more likely to remain with your company. This includes staff who may not have worked for some time as well as staff from outside the area or new to the sector. Provide induction support and supervision using existing CSCI industry standards 12.5 Training and workforce development Develop links with trade unions who have access to training initiatives including ESOL, literacy, numeracy and ICT training for all staff. Ensure that all training and induction materials, including health and safety information, are provided in a format that can be easily understood by all staff and that you can check their understanding. Provide induction and ongoing training to CSCI standards. Provide Cultural Diversity Awareness training to all staff, including management and any existing migrant workers Communication with workforce and preventing or dealing with workplace tensions and racism Good communication with your existing workforce about the reasons behind your intention to recruit international staff is crucial. Reassure staff who may have concerns about their own job security and dispel any myths or misconceptions that staff may have about migrant workers. Organisations should have a Mission statement, Dignity at Work and Diversity policy. Policies should be meaningful and understood by all staff induction and training on these policies should be provided on a regular basis. Policies and language about the ethos of care in the UK and the rights of serviceusers need to be explained to all workers, backed by regular inductions and training. Be explicit, don t use jargon Organisations should reflect the communities they work in and employers should make arrangements to improve engagement and links with diverse communities. Include diversity issues in performance review systems. Provide opportunities for staff to get to know each other and experience and celebrate diversity for example through cultural events, or sharing food. Create opportunities to break down barriers. Link into other activities in the local area. Establish an employee forum, reflective of the composition of the workforce, which meets regularly to identify and address ongoing issues for all staff. Develop diversity champions for organisations and individuals Service-Users Talk to service-users about their own cultural considerations and what they want from the service. Set up a Service user agreement. Include diversity and inclusion information in all literature that is sent out to service users about the service. Use appropriate methods to communicate this to service-users. If there are issues, treat each case on an individual basis. Address communication issues. Employers have a duty to clients and staff and an obligation to protect both. Employers must be explicit that racism will not be tolerated use industry standards from CSCI. Challenge negative myths and promote positive information Organisations Use existing best practice for recruitment and employment and make it active within your organisation. Use publicity about the company to demonstrate a diverse workforce and diverse service users. Use sector-based codes of conduct. Share good practice with other organisations. Review policies, recruitment methods and processes regularly. Actively engage with a range of communities. Use race, nationality and gender monitoring systems. Analyse and use information from monitoring forms on an ongoing basis Criminal Records Bureau (CRB) checks for overseas workers Employers have the same obligation to undertake CRB checks for migrant workers as they do for UK nationals. Employers should pay for CRB checks The CRB cannot currently access overseas criminal records or other relevant information as part of its Disclosure service. However some countries will provide documentation that is the equivalent to a CRB in their home country. Together with a UK CRB check this covers most workers backgrounds. For further advice contact CRB. CRB provide guidance via the CRB website on how to get information from a number of countries. For countries not listed employers can use CRB provides guidance about acceptable forms of European ID on its website - at - and those documents that may be produced by an applicant for identity verification purposes Under Section 8 of the Asylum and Immigration Act 1996 all employers in the United Kingdom are required to make basic document checks to help prevent anyone from working without permission to do so. The Border and Immigration Agency operate an Employers' Helpline and and Employer Checking Service to assist employers with undertaking the appropriate document checks There are currently 2 services available to employers. An on-line interactive guide ( workers.org.uk/) An Employer Helpline Rights, entitlements and responsibilities of Migrant workers Lots of A8 nationals in the social care sector are likely to be women who may have children. Make sure workers know what benefits your workers are entitled to e.g. child benefit and working tax credit. Guidance is available in some languages from HMRC and online interpreters are available. Consider providing a pack with useful numbers or signpost people to the Citizens Advice Bureau (CAB)

11 Learning from others Case Study AG Care London AG care is family-run company started 12 years ago. The company has grown considerably in the last few years from 1500 to 7000 hours per week. Their staff are mainly women. In the initial stages, AG Care recruited staff locally with some success in spite of competition for vacancies with local supermarkets but as their contracts increased the company found it needed a new workforce very quickly. In 2004 AG Care decided to explore the opportunity of recruiting migrant workers directly from overseas. They had a contact in Poland and were able to recruit 12 staff in one town. The company decided early on to only take workers with a good level of English sufficient to do the job of care assistant and who were able to be interviewed and assessed in the usual way. Potential staff had to pass the same literacy test as all applicants in the UK. The format is based on verbal questions and answers, and a written reading and comprehension test. The company held a job fair in Poland where applicants came with a CV, received information about the company completed an application form and were interviewed the following day. A decision was made immediately. AG Care then had a 4 week period to get CRBs checks in process and make practical arrangements. Workers arranged their own flights and were met by an AG Care representative at the airport. AG Care arranged accommodation for new staff in the area where they would be working by renting furnished houses which staff shared. Staff were also free to choose their own accommodation in the initial stages or once they have become familiarised with the local area. AG Care currently rent 9 houses and now employ a facilities manager to manage the properties and support staff to deal with ongoing practical and pastoral issues. AG Care provide a lot of support for workers in the initial stages such as providing workers with a bicycle, supporting people to open a bank account, register with a GP or enrol for English classes and registering workers on the Workers Registration Scheme. They provide a full induction which includes information about the local area and UK systems as well as the job role and ongoing training including ESOL. AG Care feel they have successfully dealt with potential workplace tensions and communicate well with all staff to head off any issues. They have regular team meetings, and produce a newsletter every pay day. AG Care told the existing workforce of their intention to recruit migrant workers and the reasons behind this. There were a lot of concerns and questions but no opposition. They believe it s important to be very honest and open about the reasons why recruiting migrant workers. The response from service users to working with migrant carers has generally been good but there have been some isolated issues which were dealt with quickly on a case by case basis so staff felt supported. 3 years later, AG Care are still recruiting directly from Poland but now maintain a mix of both local and overseas recruitment. Local recruitment of migrant workers is more difficult because the workers have more employment options. AG Care maintain that although this approach has meant a lot of investment, it has not been a risky venture and has benefited the company enormously. The 12 staff that they recruited in 2004 are still with them and 2 of them are now managers. For further information please contact Rose Range, Assistant Director, , rose.range@agcare.co.uk Next Steps All employers are invited to participate in further workshops and to receive a copy of the good practice guide for recruiting and employing international workers which is being developed by Merseyside Social Inclusion Observatory for Skills for Care and will run from May to July For further details contact Claire Stevens, MSIO, telephone For further information about the project and to discuss any of the workforce issues that have been identified here please contact Mikaela Williams-Brown at LSCP on Employers who are interested in signing up to the Minimum Standards Charter should ring Migrant Workers North West on

12 Minimum Standards Charter A Voluntary Code of Practice on Employing Migrant and European Workers 22

13 1. Introduction 1.1 Migrant Workers North West is a Limited Company with Charitable Objects, established to provide support and services to migrant workers, their communities and their employers. The organisation promotes the positive benefits of diversity in the workplace but recognises the need for employers to be better informed about migrant workers arriving in the North West, and to encourage employers to take responsibility to support the integration and safety of migrant workers into the local community. 1.2 Migrant Workers North West has therefore produced this Charter, based on a model established by Northern Ireland s Business in the Community, to clearly identify a range of workers rights and employer s responsibilities. The Charter is endorsed by partner organisations Business in the Community (North West) and the North West TUC. 1.3 The document is intended as a Statement of Intent, as well as being an endorsement of best practice in the employment of migrant workers, but it also recognises that employers have differing levels of involvement in this issue. 2. Definition of Migrant Workers 2.1 For the purposes of this Charter, a migrant worker is defined as any individual who arrives in the UK either with a job to go to or with the intention of finding one. 2.2 These might typically include. nationals of the European Economic Area (EEA) who have a right to travel, live and work in the UK; nationals of all other countries these people require a work permit, which is obtained by an employer who cannot find a suitable national to fill the post; Commonwealth working holidaymakers individuals between the ages of 17 and 30 who can work in the UK for up to two years; and students from outside the EEA who can undertake part-time work whilst enrolled on courses here. 3. General Principles 3.1 Employers who are signatories to the Charter will support the principal aim of being ethical in their recruitment practices, both in relation to potential employees and any impact on their country of origin. In particular, employers will. take care that, if recruiting from another country, they do not create a shortage of skills in that country, for example, in nursing or other essential services; ensure that, wherever possible, recruitment in developing countries should be undertaken as part of an intergovernmental co-operation agreement.; where practicable, apply their usual recruitment and selection policy and procedures if undertaking a proactive recruitment campaign in another country; establish and agree clear and ethical recruitment guidelines to which recruitment agencies, operating on their behalf, must adhere - including a basic requirement that the agency does not charge fees to candidates considered for recruitment; and give full consideration, also, to the availability of labour within local (North West) communities as a means of filling vacancies. 4. Treatment of Workers 4.1 Employers who are signatories to the Charter accept that the way in which employees are treated is a key indicator of a socially responsible attitude. 4.2 Signatories therefore agree that migrant workers should be treated fairly and equitably in relation to other employees and, in particular, will. ensure that workers are provided with a copy of their employment contract and/or terms and conditions at the earliest opportunity and have understood the contents - providing these in the worker s first language where required and appropriate; provide workers with details of trade unions operating within the workplace; ensure that the same pay, terms and conditions of employment are applied to migrant workers as apply to other employees undertaking the same work; recognise that migrant workers/overseas staff are entitled to the same statutory employment rights and are protected by UK employment legislation in the same way as other staff; afford migrant workers/overseas staff the same opportunities for learning and development as other staff; ensure that all workers, including those whose first language is not English, understand all work related procedures and processes and can confirm that understanding; and ensure, specifically, that health and safety information, briefings and regular updates are provided in a format which can be readily understood by all staff. 5. Travel and accommodation 5.1 The Charter recognises that, where employers are specifically responsible for bringing workers to the UK, those employers should be proactive in overseeing and assisting with suitable travel and accommodation arrangements for migrant workers. In particular, those employers will. where necessary and appropriate, meet travel costs incurred by migrant workers during the recruitment stage and, where this cost is to be paid back to the company, it should be paid back at an agreed affordable rate over a specified period of time; where possible, source appropriate accommodation, and if necessary, take out a lease on behalf of the tenants although workers should not be required to stay in accommodation provided by the employer but should be free to choose their own if they wish to do so; not require workers who live in accommodation provided by the employer, and then leave that employment, to quit their accommodation immediately - but will, instead, allow a reasonable and agreed period of time to find a suitable alternative (and recognising that migrant workers, like anyone else, are entitled to at least four weeks written notice to quit); and ensure that accommodation which they provide for migrant workers is not overcrowded and does not pose a risk to the health and safety of those living there. 5.2 In addition, all employers who are signatories to the Charter will. recognise the particular vulnerability of women seeking accommodation and provide necessary support where possible; help to ensure that, where workers obtain their own accommodation, they are not being exploited, and will offer advice and help if requested; and help, wherever possible, to provide information to migrant workers about Registered Social Landlords and other reputable sources of accommodation, or related providers such as Furniture Resource Centres, for example. 6. Integration into the Community 6.1 The Charter recognises that relocation to a new country can be difficult and intimidating. Employers should play an active role in helping migrant workers settle and integrate into their new host community. 6.2 In particular, employers responsible for bringing workers to the UK will. provide relevant information to workers prior to their arrival regarding, for example, the employer, the geographical location, climate, cost of living etc and it is important that overseas staff have as much information as possible in order to be prepared and develop realistic expectations; support workers in familiarising themselves with the local neighbourhood and facilities, by for example. - helping to register with a Dentist and GP or insisting on registration with the company doctor (where appropriate), - helping with the issue of a National Insurance Number, - working with a local bank or credit union to help with setting up a bank account, - where necessary, working with local utilities/heating/fuel providers possibly having the company channel payment in the first instance. (Utilities tend to be suspicious of people with no track record of payment), - providing access to information on schooling where there are children involved, and/or - signposting to the other local resources such as the local library, Citizens Advice Bureau and FE Colleges; establish local liaison arrangements with the Local Authority to notify them in advance about significant movements of people into or out of their area in order to support the integration of migrant workers and their safety in the community; work with the local Police Community Liaison Officers or third-party support (through RECs, for example) to ensure awareness of safety issues and encourage reporting of racial incidents in the community; liaise with local community organisations, to provide welcome packs for workers; seek to build a sense of belonging and welcome, through arranging social or sporting events; and support workers in accessing the Internet and personal addresses (perhaps within their local library) in order to allow them to undertake their own research, and reduce feelings of isolation.

14 7. Support for those who speak little or no English 7.1 The Charter recognises that, for workers with little or no understanding of English, or who cannot read English, special arrangements should be made. These could include providing translation, using interpreters, or replacing written notices with clearly understood symbols or diagrams. 7.2 In particular, employers will. disseminate information about local services in workers own language and/or signpost workers to relevant service providers; support migrant workers to learn English as a second language and, where possible, provide free ESOL classes in conjunction with accredited ESOL providers, including ESOL courses which are specifically designed to meet the needs of the business; and provide all information and training in a format that takes account of any language difficulties. 8. Meeting the cultural needs of minority ethnic workers 8.1 Coming to live and work in a new country can be a culture shock for migrant workers and it is important for employers to be supportive of the diversity of personal cultures which employing migrant workers brings. 8.2 In particular, employers will. help to increase the awareness, knowledge and skills of staff in dealing with the needs of minority ethnic workers; provide Cultural Diversity Awareness training to all staff; and provide an induction programme to support migrant workers in adjusting to both regional culture and the employing organisation s culture and this should include information on food, supermarkets, transport, laundrettes, emergency telephone numbers, religious services, maps of local area etc. 9. Dealing with discrimination and harassment in the workplace 9.1 Unfortunately, workplace discrimination and harassment still take place, often directed at migrant workers. Employers have a responsibility to address this issue and in particular, signatories to the Charter will. promote a workplace culture that recognises, values and respects diversity; encourage the reporting of racial harassment and provide appropriate support to victims, working in conjunction with trade unions, Race Equality Councils, etc; provide training to staff in dealing with racial harassment; communicate with the existing workforce to ensure they understand the reasons for overseas recruitment, are aware of the skills and experience of the individuals and also have an understanding of the different cultures involved; identify a liaison person within the organisation to provide advice and support; and provide opportunities for dialogue and support on an ongoing basis. 10. Public Services and Procurement 10.1 The Charter recognises the important role to be played by the Public Sector in ensuring the fair and equal treatment of migrant workers In particular, therefore, Public Sector employers who are signatories to the Charter will ensure that its principles are observed by all contractors, agencies, suppliers and service deliverers with which they have formal procurement arrangements, and that compliance with its conditions will be a key measure of performance. Acknowledgments We would like to thank Business in the Community (Northern Ireland) for producing the original document on which this Charter is closely based. We would also like to thank the TUC and Business in the Community within England s North West for their particular support with this initiative. Name of Company/Organisation:... Address: Signed on Behalf of Company/Organisation:... Position:... Date:... For further information and to sign up to the principles of the Charter please contact Migrant Workers North West on or dave@migrantworkersnorthwest.org Migrant Workers North West is a Limited Company, registered in England. The Company s Registration Number is (Date of Incorporation 27 July 2006), and the registered office address is Migrant Workers North West, Transport House, Merchants Quay, Salford Quays, Salford, M50 3SG. 27

15 For further information and to sign up to the principles of the Charter please contact Migrant Workers North West on or Migrant Workers North West is a Limited Company, registered in England. The Company s Registration Number is (Date of Incorporation 27 July 2006), and the registered office address is Migrant Workers North West, Transport House, Merchants Quay, Salford Quays, Salford, M50 3SG.