Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Migration for Employment Convention (Revised), 1949 (No. 97) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1951)

Statistics on migration flows. The Committee welcomes the extensive information provided by the Government on efforts made to collect and publicize comprehensive immigration statistics on a regular basis, and notes that some statistics are disaggregated by sex. The Government also indicates that Home Office statisticians acknowledge that a published breakdown by sex (or other factors such as age) of certain data would be useful. The Committee encourages the Government to continue taking steps to collect and make available statistics on labour migration that are disaggregated by sex, and possibly other factors such as origin and age as well as sector of employment and occupation, and to indicate how these statistics reflect any changes in policies and legislation regarding the employment of migrant workers.

Articles 2 and 7 of the Convention. Services and information to migrant workers. The Committee notes the Government’s indication that there is no specific Jobcentre Plus to assist migrant workers beyond the work of the advisers of the European Employment Services Network (EURES). The Government further indicates that cooperation with other States is limited to multilateral forums and ad hoc bilateral meetings. The Committee requests the Government to provide specific information on its cooperation with other States regarding services and assistance provided to migrant workers, including the provision of accurate information on the migration process and rights and obligations of migrant workers.

Article 3. Misleading propaganda. The Committee notes the observations by the Trade Union Congress (TUC), submitted by the Government with its report, that recent policies and legislation, including the Immigration Act, actively promote negative perceptions of migrant workers. The TUC considers rhetoric that singles out one category of citizens, namely undocumented migrants, as deserving hostile treatment may fuel negative association in public perceptions of migrants in general, regardless of status, and contribute to misleading propaganda. The Committee recalls that the Convention requires the State to take measures to combat misleading propaganda against both immigration and emigration, including misleading information concerning non-nationals arriving in the country (such as propagating stereotypes of migrants) as well as those targeting the national population (see General Survey on migrant workers, 1999, paragraph 217). The Committee stresses the importance of anti-racism and anti xenophobic measures in this regard, and requests the Government to provide information on the measures taken, in cooperation with the social partners and other relevant stakeholders where appropriate, to prevent and combat prejudices and stereotyping regarding immigrants in an effective manner, and to provide detailed information on the results achieved.

Article 6. Equality of treatment. Foreign domestic workers. The Committee recalls its previous observation noting concerns expressed by the TUC at the increased vulnerability of overseas domestic workers in private households and those in diplomatic households (Point Based System, Tier 5) concerning the non-respect of their employment rights due to the changes introduced in April 2012 for these workers, and existing difficulties to pursue justice through the courts. The Committee notes the Government’s affirmation that foreign domestic workers are entitled to the same employment rights as all other workers, and have access to the Employment Tribunal. The Government provides information on the practical measures taken to prevent abuse, including relevant helplines and legal aid. The Government explains that changes made in April 2012 were meant to restore the Route for overseas domestic workers to its original purpose, namely to enable domestic workers to accompany their overseas employer on trips to the UK and that national policy is not to admit low-skilled migrants from outside the European Economic Area (EEA). Given the particular vulnerability of foreign domestic workers to abuse, the Committee requests the Government to continue to monitor the effective enforcement of the legislation concerning their employment rights, including any difficulties encountered for these workers to effectively assert their rights before the employment tribunals and in other complaints procedures. Please provide information on the number and nature of complaints brought by foreign domestic workers regarding non-respect of rights relating to the matters set out in Article 8(1)(a)–(d) of the Convention, and their outcome.

Article 6(1)(b). Equality of treatment. Social security. The Committee notes the concerns of the TUC that the Immigration Act of 2014 introduces a health surcharge for temporary non-EEA immigrants and their dependants (who come to the United Kingdom for more than six months) to use secondary health services, including hospital care. It expresses particular concern at the impact of the measures on pregnant migrant workers unable to afford health charges. The TUC is also concerned about recently announced proposals to place additional restrictions on the ability of citizens of the European Union to claim benefits in the United Kingdom, and that the introduction of immigration status checks for use of the health service will lead to discrimination in frontline service delivery to individuals on the basis of gender, race and ethnicity. The Committee notes that pursuant to sections 38(1)(a) and (2)(a) and 39(1)(b) of the Immigration Act and section 175(1)(2)(b) of the National Health Service Act 2006 a health charge may be imposed in respect of the services provided to such persons not ordinarily resident in Great Britain (i.e. persons subject to immigration control who apply for leave to enter or remain in the United Kingdom for a limited period). The Committee requests the Government to reply to the observations of the TUC and provide information on the practical application of the relevant provisions of the Immigration Act 2014 and the National Health Service Act 2006, including any regulations adopted setting out which migrant workers will be required to pay the surcharge, the level of the surcharge and the health services to which they apply. The Committee also requests the Government to indicate the measures taken to address discrimination against migrant workers on the basis of gender, race or ethnicity in practice with respect to access to health services.

Enforcement. The Committee recalls the reviews by the Equality and Human Rights Commission (EHRC), into discriminatory practices, including on the basis of nationality, against workers in the meat and poultry processing sector, which employ a large number of migrant workers. The Committee notes that the public helpline of the EHRC was replaced by the Equality Advisory and Support Service in the Government Equalities Office. The Committee also notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 introducing a requirement to pay a fee to issue proceedings in the employment tribunals. The Committee refers in this regard to its comments on the Discrimination (Employment and Occupation), Convention, 1958 (No.111), and the Equal Remuneration Convention, 1951 (No. 100), regarding the impact of the Order on the number of discrimination claims filed before the Employment Tribunal. Considering that high fees to file discrimination claims may constitute an obstacle to the effective enforcement of the equal treatment principle embedded in the Convention, the Committee requests the Government to provide information on the measures taken to ensure that migrant workers, especially the most disadvantaged, can effectively assert their rights before the courts in practice. Please provide statistics on the nature and number of complaints regarding discrimination filed by migrant workers before the employment tribunals and the EHRC including with respect to the matters covered in Article 6(1)(a)–(d) of the Convention.