The government recently revealed that more than half of the new jobs created under Labour since 1997 have gone to foreign workers, and for months now, the debate on immigration has rarely left the front pages of the British press.
Much of the press coverage has focused on whether there should be tighter control on migrant workers, whether British jobs should be kept for British nationals, or whether we should actually be encouraging foreign nationals to fill gaps in the labour market to provide a boost to an often fragile UK economy.
While the government continues to debate the comparitive merits of permits and points-based systems, many UK employers (and, indeed, local authorities) are struggling with the very real challenges presented by an influx of job applicants from overseas.
In February, the Immigration, Asylum and Nationality Act 2006 will come into force, increasing pressure on employers as the act legislates stricter penalties for employing illegal workers.
Employers will be liable for custodial sentences and civil fines of up to £10k per worker.
To avoid liability for a fine, employers will have to carry out specified document checks at the point of recruitment and make further checks at specified intervals for migrant employees with limited leave to enter or remain in the UK.
To date, migrant workers seem to be taking up roles at opposite ends of the labour market, tending to work either in ‘elementary’, lower paid industries (such as food, catering, agriculture, manufacturing and production), or in highly skilled occupations.
The Association of Consulting Engineers recently called for a relaxation of the immigration rules so that foreign nationals can enter Britain to ease a shortage of key workers.
Employers ought to be made aware that while there may be pressure to fill jobs with migrant workers, it is unlawful to employ someone who is not entitled to work in the UK.
Employers must understand their legal obligations when employing an overseas worker, including checking that the potential employee has the requisite documents proving their right to work in the UK.
Prospective employers must ensure that they apply the same standards to UK nationals and migrants in relation to recruitment and selection for interview and the terms and conditions on which they are employed.
It is unlawful for an employer to discriminate against someone on the grounds of their religion, nationality and colour, or ethnic, racial, or national group.
Employers should also ensure that they implement a clear policy on equal opportunities, discrimination and harassment to promote good relations between employees of different religions and racial groups, and protect against the risks of costly employment tribunal claims.
This may, in addition, require training, not only for those charged with recruitment, but also the wider workforce who will work alongside the new recruits.
A report published by the TUC in September 2007, warned that many low-skilled migrant workers are employed in dangerous conditions, working irregular patterns of work, long hours and often receiving less than the national minimum wage.
Many foreign nationals are vulnerable to exploitation because they may lose their right to remain in the UK if they leave their contracted employment.
Employers should be aware that the employment of foreign nationals on a permanent basis in the UK is governed by English employment laws, and that failure to provide foreign employees with fair and safe working conditions will not be looked on kindly by courts and tribunals.
It is important for all employers to ensure that they have proper policies in place to protect foreign workers in the business.
However, policies by themselves are insufficient without adequate training for recruiters and the general workforce alike.
