EA 23.09.09 HR Policies and Procedures - Migrant Workers Policy by hijuney5


									                                                                      AGENDA ITEM 4

                           SLOUGH BOROUGH COUNCIL

REPORT TO:                 Employment & Appeals               DATE: 23.09.2009

CONTACT OFFICER:           Yvonne Childs
                           Assistant Director of Human Resources

(For all Enquiries)        (01753) 875079

WARD(S):                   All
                                        PART I
                                    FOR DECISION


1.    Purpose of Report

      This report seeks agreement to the introduction of the Council’s Migrant Worker’s
      Policy which outlines the procedure and policy relating to the employment of
      migrant workers, in accordance with the regulations set by the Home Office UK
      Border Agency.

2.    Recommendation(s)/Proposed Action

      The Committee is requested to approve the Migrant Worker’s Policy for
      immediate adoption by Slough Borough Council.

      The policy has been circulated in draft form for formal consultation with trade
      unions, the Corporate Management Team, the Disability Forum, BAME Workers
      Group and HR.

      Subject to approval, the policy is to be implemented with immediate effect and
      briefings will be provided to managers.

 3.   Community Strategy Priorities

      The Migrant Worker’s Policy outlines how Slough Borough Council will adhere to
      the legislation and regulations set down by the Home Office UK Border Agency
      and what procedures managers and staff need to follow in order to ensure

      This report indirectly supports the community strategy priorities. The
      maintenance of excellent governance within the council to ensure it is efficient,
      effective and economic in everything it does is achieved through the
      improvement of corporate governance and democracy and by ensuring good
      people and management practices are in place.

                                        Page 9
4.   Other Implications

     (a) Financial

      As part of its responsibilities as a Sponsor registered with the Home Office
      UKBA, Slough Borough Council is eligible to issue Certificates of Sponsorship for
      migrant workers where a suitable vacancy arises, and which cannot be filled by a
      worker from the EU.

      The Council is also able to issue Certificates on behalf of all Slough schools who
      use SBC as their payroll provider. Once a worker has their Certificate of
      Sponsorship, they will need to apply for Leave to Remain in the UK.

      Workers from certain EU countries do not require a Certificate of Sponsorship,
      but are instead required to register with the Worker Registration Scheme (WRS)
      after 1 month of employment (except in certain cases where they may be
      exempt). This applies to workers from Poland, Slovenia, Slovakia, Latvia,
      Lithuania, Czech Republic, Estonia and Hungary.

      Migrant workers who have lived and worked in the UK for 5 years are eligible to
      apply for Indefinite Leave to Remain.

      There are associated costs with this Policy, as below:

      Certificate of sponsorship* £170         To be paid by recruiting SBC
                                               For schools, to be paid by the DCSF

      Leave to Remain*           £400-£600     To be paid by recruiting SBC
                                               Schools to determine whether paid by
                                               migrant worker or school

      Leave to Remain*           £820-£1020 To be paid by recruiting/employing SBC
                                            Schools to determine whether paid by
                                            migrant worker or school.

      Admin fee                  £65           Charged to schools by SBC for
                                               processing a Certificate of Sponsorship

      WRS Registration Fee*      £90           To be paid by recruiting SBC
                                               Schools to determine whether paid by
                                               migrant worker or school

      *Where SBC has incurred the cost of sponsorship, the employee will be asked to
      sign a repayment agreement which requests repayments on a sliding scale (see
      Appendix 3).

      It is anticipated that Slough Borough Council will issue between 10 – 20
      Certificates of Sponsorship per year.

                                         Page 10
(b) Risk Management (Compulsory section to be included in all reports)

Recommendation            Risk/Threat/Opportunity       Mitigation(s)

Approval and              Slough Borough Council is     N/a
implementation of         legally required to comply
Migrant Worker’s Policy   with the legislation and
                          procedures of the Home
                          Office UK Border Agency.
                          This policy sets out how this
                          will be achieved.

                          It also sets out the
                          mechanism and guidelines
                          for repayment which will
                          minimise costs to SBC of
                          recruiting migrant workers.

                          It will also enable Slough
                          Borough Council to recruit
                          and retain highly skilled
                          migrant workers in areas of
                          national shortage (e.g.
                          Social Workers)
Training for managers     There is a risk of non-       Briefing sessions for
                          compliance with Home          managers and staff
                          Office legislation if         summarising key
                          Managers are not trained.     changes
                          Breach of the legislation
                          could lead to criminal        Form for migrant workers
                          conviction and/or £5,000      to sign confirming
                          per fine per breach.          repayment and
                                                        compliance with

                                                        Information to be made
                                                        available on SBCinsite
                                                        for access by all staff.

(c) Human Rights Act and Other Legal Implications

 The Council requires fair and equitable procedures for the effective maintenance
 of good standards of performance. This policy covers the requirement to satisfy
 employment law and Human Rights legislation.

(d) Equalities Impact Assessment

 An Equalities Impact Assessment Initial Screening has been undertaken. This
 has not highlighted any negative impact on any specific groups (defined by
 gender, race, religious belief, age, disability and sexual orientation).

                                   Page 11
      Current data shows that existing migrant workers are from a range of nationalities
      / ethnic backgrounds including “other white” (6), “white & black” (1), “African” (3),
      “Indian” (1) and “Other Asian” (2). Five new Social Workers are currently applying
      for their Leave to Remain and they have all classified their ethnic origin as
      “Indian”. Four new applications have also been processed for schools, and in
      terms of nationality, this is varied – 1 x Jamaican, 2 x Australian and 1 x South

      In addition, SBC currently has 17 workers who are on / exempt from the WRS
      (100% of these are Polish) and there are a further 27 Polish workers based at

      The policy will be applied equally across all departments.

     (e) Workforce

      This procedure applies to all Migrant Workers across Slough Borough Council
      and to all job applicants who require a Certificate of Sponsorship or registration
      on the WRS to be eligible to work within the UK.

5.   Supporting Information

      1. A Migrant Worker’s Policy is critical in order to provide a framework for the
      employment of Migrant Workers in accordance with current legislation. It also
      clearly outlines expectations and responsibilities of other related parties, such as
      the migrant workers and schools.

      2. Policies are regularly reviewed to ensure best practice, compliance with
      legislation and that they reflect operational experience. The effectiveness of the
      policy will be assessed in the light of changes to the Home Office UKBA
      regulations and formally reviewed as required.

      3. The Disability Forum have confirmed they have no queries / concerns over the
      introduction of this Policy. No other comments have been received.

      4. The policy will be made available to staff and managers initially through
      SBCinsite and for schools via the schools gatekeeper and the internet. The
      policy will be communicated to staff, managers and schools through policy
      update briefing sessions and through appropriate internal communication

6.   Comments of Other Committees


7.   Conclusion

     The Committee is requested to approve the introduction of this new policy for
     immediate implementation.

8.   Appendices Attached

     ‘A’     -       Draft Migrant Workers Policy & Appendices
     ‘B’     -       Equalities Screening and Impact Assessment for all Directorates

                                         Page 12

To top