Memorandum submitted by Unison
EXECUTIVE SUMMARY
UNISON has five main concerns about the introduction
of the Points Based system (PBS). They are:
(a) The impact that a system aimed at attracting
only skilled workers has on the developing world.(b) The transitional
arrangements for existing migrants to the UK.
(c) The restrictions on employment placed on workers
who come here under the PBS and the imbalance that builds into
the employment relationship.
(d) The difficulty in defining skilled workers
and the danger that definitions are based on gender biased definitions
of skill which undervalue work done by women.
(e) Regularisation for undocumented workers.
SECTION 1—UNISON
1. We are the largest public service union
in the UK. We represent people employed in Local Government, the
NHS, higher education, utilities, the environment service, police
staff, the voluntary sector and by private contractors in all
of these services.
2. We work closely with government and employers
to try and improve the service that individuals receive from these
services and the experience of our members as employees in public
services. Some of these workers are themselves migrants and many
of our members work with migrant workers and understand the contributuion
that migrant workers make to public services.
3. Many of our members are involved in the
day to day direct care provision to some of society's most vulnerable
people. Migrant have played an ever increasing role in the provision
of services especially within health and social care.
4. Our 1.4 million members express their
views on citizenship issues, including immigration, through our
democratic processes.
5. UNISON has bilateral contact with other
trade unions in a large number of the sending countries and is
aware of their concerns regarding emmigration and the impact on
the infrastructure and economy of the sending country. We work
internationally to raise awareness of the issues facing migrants
and have undertaken extensive work within the UK helping to develop
the governments ethical recruitment guide.
SECTION 2—CONCERNS
(a) Impact on the developing world
1. Migration has a wide range of both positivie
and negative outcomes for sending countries in the developing
world. On the one hand, remittances from migrants provide more
money for developing countries than overseas development aid.[28]
There is the added advantage, according to some commentators,[29]
that remittances are often more likely to reach those parts of
the developing countries economy where they are needed than some
development aid.
2. On the down side, migration can take important
human capital away from some developing countries when it attracts
skilled workers, who are in short supply in that country. The
problems are exacerbated because those skilled workers are then
not available to pass on their skills through teaching or mentoring
to others in the sending country.
3. The PBS appears to take little account of
this. Immigration opportunties are in the first instance open
only to skilled workers. So while the donor country may get the
benefit of remittances; it will suffer the detriment caused by
the loss of skilled workers, often in already under resourced
public services.
4. There is a danger that the immigration
policy pursued by the Home Office, Border and Immigration Agency
runs counter to the policy objectives in relation to assistance
for developing countries being pursued by the Government through
the Department for International Development, which argues that
migration can be a route out of poverty.[30]
A more balanced approach to immigration would seek to address
the loss of skilled workers to the developing world through a
more comprehencsive set of policies.
5. This could be done in a number of ways,
for example:
(i) Budget support to the sending developing
country to extend training programmes.
(ii) Granting immigration access to unskilled
workers from developing countries.
(iii) Programmes of circular migration and skills
exchanges.
(b) Transitional arrangements
1. Any change in immigration rules should
take account of migrants who entered the country under previous
immigration arrangements. This is important because:
— Changes may otherwise adversely affect
the provision of important services provided by immigrants who
lose the right to work in the UK.
— Individual migrants and their families
can otherwise find that their lives are disrupted by changes to
immigration rules under which they had a legitimate expectation
of being able to stay here longer or acquire the right to permanent
settlement.
— Migration involves substantial disruption
and therefore commitment for the individual and it is important
that, if the UK is to continue to attract immigrants, those immigrants
can be confident that transitional arrangements will protect them
in any subsequent change to immigration rules.
2. There are many thousands of immigrants
to the UK, who came here to work under previous rules such as
those applying to the work permits system and have not yet got
citizenship or indefinite right to remain.
3. Transitional arrangements should ensure
that migrants who are already in the UK before the PBS comes into
force are no worse off than under the original terms of their
admission to work in the UK.
4. UNISON is particularly concerned about
the position of Senior Care Workers. These workers provide vital
care for some of the most vulnerable members of our society. It
is therefore crucial that the services that they provide are not
disrupted by the introduction of the new PBS forcing workers to
leave their employment in large numbers.[31]
However, the Home Office tightened the criteria for permit renewal
last year and currently insists Senior Care Workers prove they
are working at the required skill level by showing earnings of
£7.02 per hour for Work Permit renewal.
5. While some Senior Care Workers have been
able to achieve this level of pay, it is not a good proxy for
the appropriate skill level in an industry where pay levels are
notoriously low. This is particularly so, given the bias against
care work which is seen as essentially "women's work"
and therefore seen, incorrectly, as inherently less skilful than
more male dominated types of work.
6. The confusion over the criteria for Senior
Care Workers need to fulfil in order to renew work permits has
left gaps for some in their period of employment in the UK as
they have tried to find work at £7.02 per hour. Such gaps
should not count against Senior Care workers either in renewal
of work permits or under the PBS or in relation to qualifying
for indefinite leave to remain or citizenship.
7. UNISON believes:
(i) Appropriate transitional arrangements must
be put in place for those migrants already here.
(ii) Special transitional arrangements should
be made for Senior Care Workers that do not include any specific
salary requirements and do not use any gaps in employment brought
about by changes in the application of the work permit scheme
against the worker.
(c) Employment Restrictions
1. Under PBS many workers will be restricted
to specific employment with a specific employer. The same system
applied to work permits under the previous arrangements. UNISON
has found that this leads to a very imbalanced employment relationship,
where the employee is fearful that if they lose their job with
the employer they will lose their right to work in the UK, with
all the consequences that flow for them and their family. Some
unscrupulous employers exploit this fear and bully migrant employees.
2. The obvious solution is for the employee to
speak up and action to be taken against the employer, with the
employee then being given a chance to get further employment.
Unfortunately this is unlikely to happen because of the fear amongst
migrant workers in that situation of not being able to get another
job.
3. Likewise some migrants are tied into
their sponsoring employer as part of the deal for repaying the
so called "loan" costs incurred in getting to the UK.
This reinforces the uneven employment relationship.
4. UNISON proposes that:
(i) There needs to be more a robust guarantee
available that a migrant worker in specified employment who complains
about bad treatment will get a chance to get another job.
(ii) Restrictions on changing jobs where there
is specified employment need to be loosened as far as possible.
(d) Defining skilled workers
1. The PBS applies different criteria to
skilled workers and unskilled workers. Defining levels of skill
is notoriously difficult. Many roles are stereotypically seen
as being lower skilled because the work has traditionally been
carried out by women.[32]
There is a real danger that PBS will discriminate against women
and the migration needs of work traditionally done by women.
2. The Migration Advisory Committee (MAC) should
be required to take account of the problem of gender discrimination
in relation to skill definition. It is particularly important
that the care profession is properly recognised as an area of
skilled employment given the demographic changes within the UK
population and the additional burden this will place on the Care
Sector.
3. UNISON therefore recommends the Government
requires:
(i) MAC to take specific note of gender discrimination
in determining skill level when identifying skill shortages. This
should include an equality impact assessment with specific regard
to gender.
(ii) The care profession is specifically recognised
as an area where there needs to be forward planning in light of
the demographic changes in the population of the UK.
(e) Regularisation
1. According to the National Office of Statistics
there are around 500,000 undocumented workers in the UK, although
it has to be said that this appears a conservative estimate. These
workers could potentially make a much larger contribution to the
UK economy and society. As things stand, their status leaves them
open to some of the grossest exploitation. The new PBS represents
possibly the largest ever single reform to the immigrations system.
This should be used as an opportunity to provide regularisation
or at least a route into regularisation for undocumented workers.
2. Many irregular workers entered the UK legally
as asylum seekers, work permit holders, students or family members.
When circumstances change they often found themselves in the invidious
position of returning home to an uncertain future or trying to
do the best for their families as unauthorised workers in the
UK. The Government may not feel able to condone such an approach;
but it is at least understandable. Regularisation is also a more
realistic approach to the problem of paperless workers than simply
assuming some 500,000 workers can be deported in any reasonable
period of time.
3. UNISON believes:
(i) A process of regularisation should be introduced
for paperless workers.
SECTION 3—RECOMMENDATIONS
UNISON would urge the Select Committee to take
the following recommendations on board in respect of the five
aspects of the PBS identified above:
(a) Impact on the developing world
(b) Transitional arrangements
(i) Appropriate transitional arrangements should
be put in place for those migrants already here.(ii) Special transitional
arrangements should be made for Senior Care Workers that do not
include any specific salary requirements and do not use any gaps
in employment brought about by changes in the application of the
work permit scheme against the worker.
(c) Employment Restrictions
(i) There needs to be more a robust guarantee
available that a migrant worker in specified employment who complains
about bad treatment will get a chance to get another job.(ii)
Restrictions on changing jobs where there is specified employment
need to be loosened as far as possible.
(e) Defining skilled workers
(i) MAC to take specific note of gender discrimination
in determining skill level when identifying skill shortages. This
should include an equality impact assessment with specific regard
to gender.(ii) That the care profession is specifically recognised
as an area where there needs to be forward planning in light of
the demographic changes in the population of the UK.
(e) Regularisation
(i) A process of regularisation should be introduced
for paperless workers.
July 2008
By Nicholas Van Hear http://www.migrationinformation.org/feature/display.cfm?ID=125
28 Around $221 billion remittances compared to $104
billion overseas development aid, in 2006 according to UN figures. Back
29
Refugee Diasporas, Remittances, Development, and Conflict Back
30
P10 of report http://www.dfid.gov.uk/Pubs/files/migration-policy.pdf Back
31
UNISON estimates there are 8,000 Senior Care Workers who could
be adversely affected by the introduction of PBS. Back
32
Women and Work Commission-Towards a Fairer Future 2007. Back
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