EOC(3) MW 005

Equality of Opportunity Committee

Inquiry into issues effecting Migrant  Workers

Response from Citizen Advice Cymru

Background

Citizens Advice Cymru welcomes the opportunity to input into this Inquiry.

The CAB service is the largest independent network of free advice centres in Europe, giving face-to-face advice from over 2,000 outlets across England, Wales and Northern Ireland.  The network in Wales consists of 53 main offices and 147 secondary advice outlets. Each CAB offers access to services by telephone, which is available 670 hours per week and the CAB service have arrangements in place to provide home visiting where necessary in every County.  The local CAB service is delivered by the efforts of a variety of people. There are 1,605 people involved in the CAB service in Wales, of these, 75% are volunteers

Citizens advice Bureaux in Wales are supported by Citizens Advice Cymru, who form part of the England and Wales membership organisation - Citizens Advice, which provides organisational regulation in terms of service delivery and supports the development of Bureaux as community organisations.  

key role of the Citizens Advice Service is to influence change locally and nationally to the way services are delivered via our direct experiences with clients, in order to improve the lives of all individuals.

Citizens Advice Bureaux across England and Wales help people with almost 600,000 employment problems a year.  In the year 2006/2007 Citizens Advice Bureaux in Wales dealt with 19,501 enquiries relating to employment; 15,536 housing enquiries; 12,481 legal enquiries; 95,674 enquiries related to benefit and tax credits and 91,368.  The total number of enquiries to Bureaux in Wales was 281,219.

Experiences of migrant workers and their families

Are you aware of barriers experienced by migrant workers and their families in accessing public services? What are the key reasons for these barriers?

Citizens Advice Bureaux have reported cases where clients have had difficulty in accessing public services and the correct advice and information in relation to their circumstances and entitlements and enforcing their basic rights. These problems are attributed to lack of resources and the lack of training and awareness of front line staff.  These are particularly attributed to non-devolved services.  

Case Studies

A Polish client to a North Wales Bureau submitted the passports for his wife, his son, and himself to the Home Office Immigration and Nationality Service for a residency application. The client knew the family would need the documents for travel to Poland but was assured by the Home Office website stating that the 'process takes four weeks' that the documents would be returned in time.  The Home Office confirmed that the application process has not even begun 2 months later but were trying to return documents within a fortnight.

A Polish client sought the help of a North Wales bureau in contacting the Tax Credits helpline to see at what stage his Working Tax Credit and Child Tax Credits were and also to see if it was possible for him to change his EC/EEA driving licence from a Polish one to a British one. He also asked if it would be possible for help filling in a Residence Permit form, although he did not have form with him. The tax credits were contacted, who after getting consent from the client said that they were still awaiting information from the Jobcentre as to the client's and his wife's National Insurance numbers and that once all the information was at hand the claim would go to payments. The adviser on the Helpline did not know how long this would take as tax credits have no time limits thus placing the client in a position of missing out on benefit entitlement at point of need.

A Client was sent from a South Wales Central bureau to pick up forms for claiming Tax Credit and Child Benefit. Instead of arranging for forms to be sent to the client, the DWP offices just gave him a list of phone numbers to ring even though they knew his first language was Polish. The client could not make telephone calls himself so had to return to the Bureau.  The fact that the client had difficulty with understanding English was exacerbated by the DWP.

A client to a North Wales Bureau with 3 children living in Poland claimed Child Benefit in and had not been paid after 12 months despite receiving several letters saying that he would be paid.  Despite several efforts by the Bureau to enquire on behalf of the client, they could not get through to the correct department.  Several phone calls were made initially before the Bureau could reach the Helpline before the number was automatically answered and then cut off.  

Can you provide any examples of innovative practice in ensuring that public services are accessible and barriers can be overcome?

Carmarthen CAB

Following the initial work they did with Portuguese workers in the local meat processing and packaging industry, Carmarthen CAB has been at the forefront of action by Bureaux in Wales. With large numbers of Portuguese migrant workers in the local area, it has recruited a Portuguese worker to act as a translator. The Bureau took this further, training a Portuguese worker to be an adviser. The worker was giving staff the opportunity to learn basic Spanish and Portuguese which will mean that the bureaux staff will be able to greet many of the local migrant workers in their own language, informing them when the Portuguese speaking adviser is available, and making an appointment with them. This advisor is now a member of the Trustee Board and is helping with developing strategic partnerships to help migrant workers networks.

They were also finding that many migrant workers were struggling to get the information they required in a way they could understand. The bureau had discussions with the local JobCentre Plus, who gave them access to Language Line, and the Pension Service. A protocol was subsequently introduced to ensure that between the three agencies, a translator was always available in working hours. As a result any migrant worker can get information in their own language from the three agencies who work closely together on issues affecting migrant workers in their area.

The Bureau has worked with the Local Authority to provide an out of office hours advice service which is geared towards the migrant community.

Ynys Mon CAB

Ynys Mon CAB works within Communities First areas, running advice surgeries in many of the wards covered by this Welsh Assembly Programme.  Many of the voluntary agencies in these areas work together to actively engage with minority groups, including migrant workers. This has resulted in the organisation of local training for the voluntary and statutory agencies, as well as joint working to identify ways of improving services to minority groups in the areas.

Wrexham CAB

Wrexham Count Borough Council have recognised the need to deal with migrant workers caseload at Wrexham CAB (particularly Polish and Portuguese workers) and have provided funding for a part time caseworker to deal exclusively with migrant workers enquiries.  This funding came to an end in April 2007 but was continued through funding from Sefydliad: The Community Foundation in Wales.

Can you provide examples of good and poor working and housing conditions?

Most enquiries to Citizens Advice Bureaux are related to employment problems which are common to indigenous population but are further exacerbated because of language barriers and unscrupulous practices, directly by employers and related agencies.  Migrant workers seek help form Citizens Advice Bureaux because:

• They have not been fairly treated at work, often their minimum legal rights to paid holidays, sick leave and maximum working hours are being flouted (sometimes exceedingly long)

• Poor working conditions, sometimes raising concerns about safety

• Unreasonable deductions from their pay for food, refreshments, uniforms and transport leaving them with virtually no money to live on

• Where accommodation is provided, charges for it can be extremely high, way above local market rates; it can be poor or unfit e.g. people living in converted lorry container fitted with bunks or people sharing rooms or even beds with complete strangers

• They have been dismissed, perhaps for being sick, and at that point evicted from their accommodation

• They have been not paid at all

Citizens Advice Bureaux have reported many such cases where the workers involved are migrants, often from other EU member states, working in care homes, cleaning jobs, hotels and restaurants as well as in agriculture and food processing.

These migrant workers are the most vulnerable to exploitation. Brought to the UK in the expectation of fair pay and working conditions, their dreams become nightmares. They fear complaining in case of dismissal and simply have nowhere to turn for protection and are the most unlikely to resort to the Employment Tribunal system to enforce their rights. As the Government itself recognises, this amounts to "a modern-day slave trade, exploiting migrant workers and undercutting UK employees”.

Case Studies

A young Spanish man who sought advice from Carmarthen CAB in Wales had been brought to the UK by an employment agency to work on local farms and provided with accommodation. He had never received any pay slips, and after querying deductions made from his wages and had been summarily dismissed and told to leave his accommodation immediately.

An Indian man who approached Bridgend CAB in Wales had entered the UK on a work permit to work as a manager in a local food processing plant. Although too nervous about jeopardising his work permit to talk about his personal situation, the client described to the CAB how Indian workers are recruited to come to the UK, with the promise of good working conditions and housing, but are then required to work many more hours, and for less pay, than promised. The client further stated that such workers are "too frightened to stand up for themselves”

Carmarthen CAB advised a Slovakian client who was employed via an agency.  He had been with his company for 2 months and contracted to work for set hours.  He had then been told that he need not come in on days they do not have any work for him and will not be paid for those days.  The client was concerned that even though company is in breach of contract he may lose his job if he complains, but if he remained at work he will not have enough money to live on.

A client who sought advice from a South East Wales CAB was an A8 national, Lithuanian, with full EEA access rights to the UK. She had been working in the UK for 3 years with different employers. Only the first, which was found through an agency, was a registered employer, the contract ended unexpectedly after 7 months and she found other work in the area.  Although she can find records of her employment through her tax and NI records, she can gain no access to benefits at present as she has not had 12 months of continuous employment in the last 3 years with a registered employer or paid enough national insurance in the last 12 months to qualify for Incapacity Benefit. A subsequent request for reconsideration was refused and it was passed on for appeal.  Her only income at the time was her overdraft and the generosity of her friends and she wished to remain in the UK and could not afford to return to her country of origin if she wanted.

A North East Wales CAB advised a white female, Polish national, who was married with one child who had come to the UK as a worker.  She was 'employed' (through a local agency) to work for another local company (principal) in a job which required heavy lifting. The work was described as 'temporary' but involved full-time hours (37.5 per week) over a ten month period.  The client became pregnant and informed her 'employers' of this in February 2007. Her hours of work were gradually reduced over the proceeding weeks to one day per week. The client was eventually dismissed on grounds of her pregnancy (she could no longer do any heavy lifting). She has suffered a detriment in terms of loss of income through regular employment. Her low level of English language skills may have an impact upon her future employment prospects.

Please provide examples of the English and Welsh language provision for migrant workers and their families in your area. How accessible and appropriate is this provision?

Please see Question (b) below.

What opportunities do migrant workers and their families have to build friendships and social networks between themselves and within local communities? Please provide details of any formal or informal groups or networks in your area.

Please see best practice examples in Question (a) above and Question (d) below.

The impact of economic migration on local communities

What are the resource implications for public service providers in areas where a significant proportion of the population are migrant workers and their families?  What are the advantages and challenges for people in local communities in which migrant workers live and work?

The resources implications, challenges and advantages facing Citizens Advice Bureaux are common with those that face all public services. Citizens Advice Bureaux face many challenges in face of increased demand of our services from the migrant workers populations, particularly when balanced against other workloads and is particularly acute in rural areas.  These include:

Communications - cost of translation; protracted advice sessions; understanding and acting on advice.  Many Bureaux have been able to overcome language barriers and capacity by employing or recruiting individuals to the service from a migrant workers population e.g. Carmarthen and Ynys Mon CAB.

Availability of Advice - increase complexity of advice need in relation to immigration and relation to other rights and entitlements; additional cost of acquiring information and advice from professional sources; access to specialist information.   

Management of Bureaux issues - increased volume affects waiting times and overcrowding; tension with other/indigenous clients; need for appointments outside working hours

Challenges for staff - increased pressure and stress associated with increasing number and diversity of client base. Development of advice skills of advisers is a challenge and needs proper resources and support.

Changing Nature of Problem - Nature of issues brought by clients changing and number of inter-related issues rising sharply including housing, benefits and immigration.

Perception of CAB advice services - Some Bureaux have found it hard engaging with some migrant worker groups because that they perceive the service to be a part of government and also they do not see themselves as "citizens” and thus believe that the "Citizens” Advice Bureau cannot help them.

Accessing our services - most migrant workers are working at the times that the CAB service is open to them.  This presents a further challenge to operate services out of working hours.

Community Cohesion - Working with migrant workers raises challenges in trying to promote community cohesion and having to balance the need of migrant workers with those of the indigenous population.  There is a need to work through, for example, Community Safety Partnerships to promote positive messages about migrant workers and share information on rights and responsibilities to the wider community.

The regulatory framework

How does current legislation, such as the Gangmasters Licensing Act 2004, work in practice? To what extent is the current legislation enforced?

Enforcement

Currently, the combined remits of the four existing statutory enforcement bodies (NMW Enforcement Agency, the Gangmaster Licensing Authority (GLA), the Health and Safety Executive (HSE) and the Employment Agency Standards Inspectorate (EASI) are far from comprehensive.  Each of the four bodies has a narrow and closely defined remit, either in terms of the statutory rights it seeks to enforce (HMRC and HSE), or in terms of the targets of its enforcement activity (EASI and GLA).  This means that, if the worker is not employed through an employment agency (the remit of the EASI), or through a 'labour provider’ in the agriculture, horticulture, forestry, shellfish gathering and associated processing and packaging industries (the remit of the GLA), and if his or her complaint is not about the National Minimum Wage or a health and safety matter, then there is simply no statutory enforcement body to which he or she can make a complaint.  In such circumstances, the only way for the worker to try and enforce his or her rights is to raise a formal grievance with the employer and, if that does not resolve the matter, to lodge and pursue an Employment Tribunal claim.  

The Gangmaster Licensing Authority

The Gangmaster Licensing Authority (GLA) was established on 1 April 2005 to curb the exploitation of workers in the Agriculture, Horticulture, Shellfish Gathering and Associated Processing and Packaging Industries.  We are yet to see how effective this Authority will be.  It could clean up the regulated industries but may be limited in the amount of inspections of applications for licenses and fail to inspect many unscrupulous employers.  We also have concerns about the resources available to the GLA to carry out its work effectively and about the perceived independence of its enforcement function.

We have further concerns about the non regulated sectors e.g. hospitality, cleaning.  Workers in these sectors seem to be very vulnerable and can be exploited when they are not aware of their rights due to e.g. language barriers and not fully understanding that they can work legally if they come from an EEA state.  

National Minimum Wage (NMW) Enforcement Agency

The introduction of the NMW in 1999 was accompanied by the establishment of an enforcement agency within the Inland Revenue. The agency operates a national NMW Helpline, investigates complaints (including anonymous complaints) from both individual workers and third parties, and conducts unannounced, on-site inspections of selected employers "about whom no complaints have been made to check that they are meeting their obligations under the minimum wage”. A key feature of such a pro-active approach to the enforcement of workplace rights is that it can tackle non-compliance that affects more than one individual.

Employment Tribunals

There is widespread consensus that Employment Tribunals are unduly complex, legalistic and adversarial.  For low paid workers, such as migrant workers the cost of legal representation at a tribunal hearing can be prohibitive - there is no 'legal aid’, and the resources of Citizens Advice Bureaux and other providers of free legal representation (such as community law centres) are extremely limited.  This makes the pursuing of an Employment Tribunal claim an especially daunting prospect to pregnant women, new and lone parents, carers, migrant workers, those with mental health problems, and other vulnerable individuals lacking the necessary time, energy and other resources to prepare and present their case.   Every year, about one-third of all Employment Tribunal claims are withdrawn by the claimant, and Government research has found that in half of such cases this is because the claimant considers there to be too much stress, difficulty, fuss and/or expense involved in continuing.  There is also evidence to suggest that employees are prohibited from pursing an ET claim due to unfounded threats of costs by the employer.

We have repeatedly suggested that there needs to be an alternative way of tackling the exploitation of vulnerable workers by unscrupulous or 'rogue’ employers - one that does not rely on individual vulnerable workers entering into a stressful, costly and potentially damaging legal confrontation with their employer (or former employer, where they have already left or been dismissed).  In particular, we have argued that the more proactive enforcement regime associated with the National Minimum Wage - one based on carefully targeted inspections of suspect employers by HMRC, as well as on the investigation of individual, anonymous and third party complaints - should be extended to cover all basic statutory workplace rights.

d) Examples of good practice Please provide examples of good practice, including: Projects or initiatives which have enhanced community relations Good employment policies and workplace initiatives Accessible and appropriate public services

See examples from Bureaux under Question (a) above and also the following:

Advice Services Carmarthen (ASC) is a multi-advice-agency forum led by Carmarthen CAB which has helped bring public services together to engage with the migrant community and help with overcoming language barriers and also in terms of accessing services.

The One-Wrexham initiative has helped in myth-busting around migrant workers through partnerships= working, including with Wrexham CAB.  

Established Polish individuals and communities have been invaluable in helping new migrants, which has been the case with the best practice Bureaux above and recruiting workers into mainstream services such as the North Wales Race Equality Network and the Police and Fire Services in Carmarthenshire.

A piece of work undertaken by NEWREN in Conwy for the Community Safety Partnership and the Welsh Assembly in 2005 identified different languages in use in the areas of the county they monitored. Conwy CAB has joined with NEWREN in supporting a drop-in service for migrant workers, funded by Conwy County Council.

Suggestions

What action should be taken to improve the life experiences of migrant workers and their families and the communities in which they live and work?

Citizens Advice Cymru believes that all workers in the UK, including migrant workers, now need better protection from employers who break the law.  A proper enforcement regime is needed - the UK is the only EU member state without an independent body for workers to turn to for protection.  The Government should extend the more accessible and pro-active compliance regime already associated with the National Minimum Wage to a range of basic employment rights, through the establishment of a Fair Employment Commission. Such a Commission would work alongside the Employment Tribunal system (including ACAS) and in partnership with the Small Business Service, the Health and Safety Executive, the Gangmaster Licensing Authority, the forthcoming Commission for Equality and Human Rights and other governmental agencies.  A Fair Employment Commission could ensure a more joined-up system of advice, guidance and practical business support for small employers, as well as a more pro-active (but educational rather than punitive) approach to compliance and, where necessary, enforcement.

Citizens Advice Cymru believes that more resources need to be allocated to agencies such as CAB working with migrant work communities, to help them not only meet current demands, but to ensure issues are dealt with now, rather than left, aggravating problems in the future.

All agencies should be encouraged to take responsibility for issues relating to migrant workers, rather than constantly seeking to refer the issue and individual to another organisation.

Action to support migrant workers must encompass action to tackle discrimination and racism which these workers face, whilst enabling them to have access to information and advice, access to health and other public services, access to housing, and access to help and support to set up in business.  For example, there is a need to encourage crime reporting through addressing language barriers and developing trust in public services, especially the police authorities.

The UK Government and Welsh Assembly Government needs to set an example and create positive messages about migrant workers such as the unacknowledged skills that can be transferred to e.g. NHS and the contribution made to local economies. In some parts of the UK, business and the local economy absolutely rely on them and would close down without them.

More action needs to be taken on improving social cohesion and tackling race crime.  Indigenous people can often be a part of the problem for migrant workers, for example, local landlords working with agencies providing tied accommodation that is unfit to live in and also provide limited transport which is tied into agency contract.

The Welsh Assembly Government should help fund the development of an adequate and sustainable employment advice network across Wales. It should also consider the provision of advice services for discrimination cases as part of the strategy to address social exclusion in order to ensure the provision of advice and support services to those people who are ineligible for publicly funded legal assistance.  Furthermore, it should give consideration to funding a high level co-ordinating body responsible for the strategic development of Employment Advice in Wales and tackling the level of discrimination at the workplace.