Migrant Workers Recruitment

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Eligibility

It is a criminal offence to employ a person who either:

  • Has no right to work in the UK, or
  • Has no right to do the work you are offering

Guidance is available from:

New Immigration Points based system

The UK Borders Agency operates a Points Based System (PBS) for nationals of countries outside the European Union (EU) and European Economic Area (EEA) apply to come to the UK to work, train or study.  This system replaces the majority of existing immigration laws, including all work permits and HSMP (Highly Skilled Migrant Programme) schemes.  Further information on the PBS and the Tier System  .

National Insurance Number

Migrant workers should also have applied for a National Insurance Number.  This should be done through the Job Centre Plus or by calling 0845 600 0643.  Further information about obtaining a National Insurance Number from the Department of Work and Pensions .

 

Appointing workers

There are 3 key steps when appointing workers:

  1. Contract and Written Statement of Employment

    Most employment contracts do not need to be in writing to be legally valid, but writing down the terms of the contract will cut down on disagreements later on. The Employment Rights Act 1996 requires employers to provide most employees with a Written Statement of the main terms within two calendar months of starting work. You can obtain more guidance and interactive tools on recruitment from Business Link
  2. Income Tax and NI

    It is a legal responsibility to register workers for income tax. Information is available from HM Revenue & Customs or call 08457 143 143. Further information about CIS Scheme or call 0845 366 7899
    You should also arrange workers National Insurance (NI) Contributions.
  3. Induction

    All workers should undergo a site induction before commencing work. This should cover:
    • An understanding of the practices in the workplace
    • The role of the worker in the workplace
    • Terms and Conditions of employment including hours, breaks, holidays, sickness, disciplinary and grievance procedures
    • Health & safety information (including smoking, drugs and alcohol policies)
    • Dealing with problems in the workplace
    • Adapting to unfamiliar culture or environment
    • How to request assistance if needed
    • Information on medical facilities, trade unions etc

    ConstructionSkills has a number of products to support you in carrying out inductions with migrant workers, including:

    • The Kick Start induction CD Rom
    • Health & Safety Rules Leaflet

Workers Rights 

 Migrant workers are entitled to the same employment rights as the domestic workforce.  This includes:

  • Working conditions 
  • Working hours 
  • Pay and remuneration 
  • Holiday entitlement 
  • Sickness and sick leave entitlement 
  • Maternity, parental and adoption leave
  • Workplace policies, including grievance and disciplinary

Further information on workers rights can be obtained from BERR    A comprehensive list is also available at Adviceguide  .  The TUC (Trade Union Congress) also provides a series of guidance materials on workers rights entitled Working in the UK: rights for Migrant Workers which is available in several languages  

Trade Union advice and guidance on workers rights:

T&G (Transport and General Workers Union) - Tel:020 7611 2500

TUC (Trade Union Congress)- Tel: 020 7636 4030

UCATT (Union of Construction and Allied Technical Trades) - Tel: 020 7622 2442