Memorandum submitted by Christine Lee
and Co (Solicitors) Ltd.
During the launch of the New Inquiry on 23 June,
the Committee had expressed that they were keen to examine the
Government's plans for the new points based migration system by
collecting evidence from the public about the many concerns raised
about the new system and the effects that the system will have
on the catering industry.
As the largest ethnic Chinese law firm in the UK,
with some 20 years of experience in dealing with immigration cases,
we have recently been inundated with calls from clients who are
extremely worried about the new Points Based System. There is
much confusion about the new rules due to the lack of communication
between the Home office and those who will be affected.
The majority of the personnel within the firm
and also from our client-base are ethnic Chinese from within the
UK and also from overseas. The recent publicity covering the new
points based system has caused much concern for the Chinese Community
and we have received many first-hand encounters from clients,
which have hrghlighted the problems which they are facing as a
result of the new rules.
There is a distinct lack of consultation with
the Chinese Community and we are most often the first port of
call from the Chinese Community when the law changes and they
are affected. We are extremely pleased that the inquiry set up
by the Home Affairs Committee has given us a chance to air our
views and concerns.
Please find enclosed our submission for the
written evidence as requested. We are sure that the points we
have raised are equally affecting the other ethnic communities,
and we hope that the Home Affairs Committee will be able to make
the Government realise the widespread problems that are being
caused by the New Points Based System.
To assist the Committee in their inquiry, we
will also be available to give oral evidence if necessary. Please
do not hesitate to contact us if you would like us to submit any
further information.
EXECUTIVE SUMMARY
The new points based system has generated a
lot of concern amongst the Chinese Community. With many of them
working in the catering industry, the enforcements for the new
rules are affecting the community disproportionately.
Since the 1960s, Chinese restaurants and takeaways
have enjoyed a great degree of success and are amongst the most
popular cuisine in the UK. This success has created unprecedented
demand for chefs, cooks and other ancillary staffs to work in
the sector. The chefs required for the restaurants are exceptionally
skilled, and can in reality only be filled by someone overseas
because of the lack of formal training in the UK, the length of
time it takes to be fully trained, and the lack of willing trainees
in the local UK community. The new Points Based System favours
formal qualification, but for occupations such as chefs, working
experience is a much better indication of skills.
Continued efforts have been made by the restaurateurs
to take on employees from the UK population, but this kind of
work is unpopular because it is physically demanding and consists
of working long hours in the stressful environment of the restaurant
kitchens.
Many second and third generation British born
Chinese are reluctant to join the catering business. The Chinese
community has the highest number of graduates and professionals,
and due to their academic success they are opting for professional
jobs as opposed to staying in the family catering businesses.
There are suggestions by the Government that
Eastern Europeans of the new European member states can fulfil
shortages of labour. Chinese restaurateurs have tried this but
have found problems with the language barrier and a lack of ethnic
knowledge and understanding of even the most basic Chinese food
and ingredients. The skill level required for chefs is very often
underestimated due to ignorance and a lack of knowledge of the
amount of work required in the kitchen both in preparation time
and cooking the meals.
Many restaurateurs are resolving to find quick
fix solutions to cope with the shortages of chefs such as by reducing
standards and the variety of the dishes, but all of these are
short term solutions, and in the long run, will have a negative
impact on the Chinese catering industry.
The Government does not seem to recognize the
impact of the new Points Based System on businesses. In order
to continue to meet the demands from the UK consumers, the Chinese
catering industry needs to be allowed to continue to rely on skilled
overseas chefs to train and manage its 17,000 restaurants and
takeaways throughout the UK. Without these chefs, the businesses
will simply not be able to survive and sadly, they will be forced
to shut down after decades of serving the local communities.
1. The recent changes to the immigration
rules have brought about adverse effects to the Chinese Community
in Britain as the main business of the population are engaged
in the catering sector, and the enforcement actions are affecting
the community disproportionately. We speak particularly for the
chefs and cooks in the Chinese catering industry, but we are sure
the same issues will equally apply to the other ethnic minorities.
2. Since the 1960s, Chinese restaurants
and takeaways have enjoyed a great degree of success with the
local population. As a result, it has created unprecedented demand
for chefs, cooks and other ancillary staff to work in the sector.
It is trite knowledge that Chinese and Indian cuisines are amongst
the most popular in the UK. Accordingly, the industries that support
this demand are correspondingly large. The point has been made
before about the lack of recognition of the skills required in
this industry, which uniquely suffers because of these changes.
We say uniquely because by necessity, the industry's distinguishing
features are linked to their racial/cultural origins. Consumers
feel reassured and expect that Chinese restaurants are staffed
by Chinese workers and so on, especially in the recent trends
of seeking "authenticity" when choosing restaurants.
It follows on therefore, that these industries will feel the effects
of any measures designed to restrict this flow on which they depend
on more than most industries.
3. The new points based system has generated
a lot of concern amongst the Chinese community and the Chinese
catering industry. The Government, with these changes, do not
seem to recognise that it could affect businesses and therefore
dispensed with the need for a regulatory impact assessment. We
submit that this is a crucial mistake because there are clear
effects that are being felt even now. Many restaurants are beginning
to suffer as a result of the changes, and lots of employers have
even closed the business as they are not able to cope with the
shortages of skilled labour and the rising costs of skilled resident
workers.
4. Employers of work permit holders will
suffer the most as a result of the Government's change of policy.
Up till now, these employers have to rely on work permit holders
to sustain their businesses. This is due to a managed migration
system which is out of step with the needs of elements of the
economy it was designed to protect. There is genuine fear that
the restrictions placed by the new points based system will create
a further shortfall of kitchen staff. This will severely affect
the businesses, and many of the restaurants will simply not be
able to survive.
5. The Chinese communities have all worked
incredibly hard to build up their businesses. The reason why the
Chinese catering trade has become more and more successful is
because the restaurateurs have taken the time and money to invest
in building a team of dedicated staff. Very often, the chefs are
exceptionally skilled and can only be found from overseas where
they have undergone years of dedicated training. We have previously
submitted to the Immigration Minister a typical five year training
programme of a Chinese Chef.
6. The Chinese businesses will be the first
to suffer as a result of the requirement of chefs to achieve A1
level English. The problem is that most Chinese chefs are trained
by apprenticeship from a young age, and it is typical of the industry
and not just the Chinese that most of these apprentice have no
or little academic training or achievements, and most would have
left school early. We appreciate that the Government's logic is
to achieve integration into our society rather than merely an
ability to communicate within the workplace, but nevertheless
it is a fact that linguistic skills are more important in some
jobs than others. A doctor or nurse who could not communicate
with their patients would be at a greater disadvantage to society
than a chef in a Chinese kitchen. We can understand the logic
that if the overseas workers would like to permanently settle
in the UK, they should be required to attain a certain level of
the English language, but to expect them to attain this level
before they have even arrived to the country is near impossible.
The effect of this requirement will cause insurmountable obstacles
to the survival of the catering trade. The Government needs to
consider other more realistic ways to promote integration and
active citizenship amongst UK's Chinese population in British
Society and to deliver better social cohesion for all.
7. This is a trade where the role of a skilled
chef in a Chinese restaurant can in reality only be filled by
someone overseas because of the lack of formal training in the
UK, the length of time it takes to be fully trained, and the lack
of willing trainees in the local UK community. The new immigration
law requires academic qualifications to work in restaurants, under
the skilled migrant schemes. Formal qualifications are often wrongly
used to determine how skilled an occupation is, but it has its
limitations, as it does not acknowledge skills gained informally
such as ethnic knowledge and acquisition of generic skills. For
occupations such as chefs, levels of experience and on the job
training are much better indications of skills, rather than formal
qualifications.
8. The Chinese catering industry, as with
others in the catering trade, have few formal training routes
to become qualified and experienced chefs or cooks. All the skills
of a chef are trained by personal apprenticeship, often for many
years from a young age. There are essentially no catering colleges
or courses which teach people to become a Chinese chef. There
are a few short courses on Chinese cooking but mainly a chef can
only learn his skills by working in a well established kitchen
following the Head Chef. The management and supervising skills
and experience are of equal importance to just cooking skills.
This is essentially true for all kinds of cooking and not just
Chinese. We believe that an underestimate of the skill level required
for chefs working in the kitchens of a Chinese restaurant is due
to ignorance and no knowledge of the workings of a Chinese kitchen,
believing that anyone can be trained. Evidence of the skills required
should be gathered by actually witnessing the amount of work required
in the kitchen, both in preparation time and cooking the meals.
9. In addition to the shortages of skilled
chefs, the need to employ other staff to complement chefs and
cooks were not acknowledged under the new immigration rules. In
any kitchens, there is a need for more than two chefs. In busy
takeaways and restaurants, there is a need for a Third Chef and/or
a cook as well as other helpers. A fully operational kitchen requires
much more staff than just a Head Chef and a 2nd Chef. The Government
needs to recognise the special need within the Chinese catering
sector and allow for the employment of lower skilled workers.
Tier 3 is now not to be implemented and there is no route to employ
necessary overseas lower skilled workers.
10. Although restaurateurs throughout the
UK would take on employees from the UK population, this kind of
work, which is physically demanding and consists of working long
hours (including weekends and holidays) in the stressful restaurant
kitchens are very unpopular, even with the unemployed. This situation
is evident from the lack of any applications from suitably skilled
candidates when advertising the post.
11. Even though many Chinese restaurants
are family businesses, most second and third generation British
born Chinese are reluctant to join the catering business. Within
Britain's Chinese community, children of Chinese origin have outperformed
every other British group by the age of 11. Their success is also
carried through to GCSE and A-Levels. The community has the highest
number of graduates and professionals as well. As a result of
their educational success, most of them are opting for "professional"
jobs as opposed to taking over their parent's businesses or joining
the catering industry.
12. Continued efforts have been made to
train local people to take up these positions but there has been
very little success and it will take a long time. The local resident
population of the Chinese community simply cannot cope with the
demand, and the only way therefore for these businesses to continue
to trade and thrive and to contribute to the success of the British
economy is to bring in foreign workers.
13. There are suggestions by the Government
that Eastern Europeans of the new European member states can fulfil
shortages of labour, however this is not relevant to all occupations.
Chinese restaurateurs have tried to take on Polish and other non-Chinese
workers, but have found that there is the problem of the language
barrier and a lack of understanding of even the most basic knowledge
of Chinese food and utensils. Many of these workers do not understand
the complexity involved in preparing and cooking Chinese food.
There are a lot of ingredients used in Chinese cooking which these
workers have no idea of, let alone know how to cook with them.
The understanding of Chinese food and ingredients is gained from
years of experience and "cultural heritage" from tasting,
to preparing ingredients and cooking. This amount of expertise
cannot be achieved easily just through a little bit of training.
14. There are talks amongst the Chinese
Community of setting up a proper training for Chinese Chefs. Proper
training programmes can be put in place to entice and encourage
the local population, but this is a long process and will not
solve the problem quickly enough. Chinese cooking is a complicated
process. There are ways to cut down on the preparation work and
short-cuts in the cooking process, but not without compromising
on the variety of the menu, and taste and quality of the food.
As mentioned before, even if used as short term solutions, customers
will be able to taste the difference. Restaurateurs are worried
that apart from having a negative impact on the business, it will
also badly affect the public perceptions of Chinese cuisine. It
will give Chinese food a bad reputation, as being simple standard
fares. The reality is the opposite. Chinese food is elaborate,
very tasty, fanciful with huge varieties and regional differences,
which the British public knows and loves.
15. It would be unrealistic to expect the
catering trade not to rely on overseas chefs to maintain our thriving
businesses. To this extent, this, or any other ethnic businesses,
should be differentiated from mainstream UK businesses where ethnic
background is insignificant.
16. In order to find a solution to the problems
of shortages, the Chinese catering trade have tried to increase
recruitment efforts, increase overtime with existing staff and
even reducing the standards and variety of the cuisine available.
However, many of these are simply methods of trying to cope and
not long term solutions, and in the long run will yield unsuccessful
results or have a negative impact on the business.
17. The Chinese community is often seen
as being the silent community. We are usually very reluctant to
seek help for our problems, as we are brought up to be self-reliant
and self sufficient. One of the biggest problems is that Chinese
people will often not speak out about the issues which are bothering
them. It is for this same reason that Chinese people will not
speak out about the problems that they are currently facing which
has resulted from the new points based system. Sadly, one of the
clearest indicators of the devastating effects brought on by shortages
of labour is the amount of Chinese restaurants and takeaways which
have recently been forced to close down. There is an alarming
rise in the number of businesses which have been shut down after
decades of serving the local communities. As a result of shortages
of skilled chefs and kitchen workers, the resident Chinese chefs
are demanding higher salaries, often at rates which the employers
cannot afford, forcing the business to close down. Many of these
restaurateurs have been in the catering trade for their whole
lives. They have worked extremely hard to build up their family
businesses, and are now forced to close because of the new changes
to the immigration rules.
18. One of the solutions is to sell the
business, but even that is proving increasingly difficult. The
local restaurateurs who are already in the trade have the same
problems. Rather than expanding their business, they are looking
to find a solution to their own staff shortages and are reducing
varieties and menus to concentrate on maintain standards and profitability.
Their focus is purely to survive this crisis by successfully operating
a smaller business rather than thinking about expansion plans.
One of the other popular solutions was to sell to overseas investors
who can bring in vital injections of capital and skills, but the
new requirement of English language at C1 Level means virtually
no investors from China or Hong Kong would qualify. These overseas
investors traditionally would invest in Chinese restaurants. Level
C1 is equivalent to GCSE C Grade, which anecdotal evidence suggests
there are only a small percentage of local born and bred students
who can pass this level.
19. The Government did not conduct a risk
impact assessment as changes of this nature must be done from
the human perspective. Restaurateurs and employers should be given
an opportunity to talk about what they are going through. These
case studies will be able to give a better picture of what is
actually happening instead of using formulas to calculate shortages
based on figures which are not up to date, or true to the current
situation. Thorough research will reveal issues such as restaurant
owners resolving to find quick fix solutions to cope with the
shortages of skilled chefs. Some are planning to serve pre-cooked
frozen food rather than preparing fresh dishes. Many restaurateurs
are thinking of removing items from the menu due to scarcity of
kitchen staff with appropriate ethnic culinary skills. As pointed
out before, all of these coping methods are short term solutions,
and in the long run, will have negative consequences on the Chinese
catering industry.
20. The wholesale changes to the Immigration
Rules has profound adverse effects to the Chinese Community and
is disproportionate to the Chinese Community against the aim of
the Government in the control of Immigration. The Chinese catering
industry, as with others in the catering trade, has few formal
training routes to become qualified and experienced chefs or cooks.
This may change in the future, but this will take time, and in
order to meet the immediate demand, the industry needs to continue
to rely heavily on skilled chefs from overseas to train and manage
its tens of thousands of restaurants and takeaways throughout
the UK.
July 2008
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