Migrant workers

Migrant workers and discrimination - 21 May

Jamila Duncan-Bosu, solicitor and founding member of the Anti-Trafficking and Labour Exploitation Unit (http://atleu.org.uk/who-we-are/) gave a very lively talk at a PGM on 21 May focussing on using race discrimination legislation to seek redress for cases of domestic servitude by claiming that clients had been less favourably treated due to their national origins.

Migrant access and their financial contribution to NHS provision in England

The DLA has submitted a response to the Department of Health's consultation on migrant access and their financial contribution to NHS provision in England, asking "who should be charged in future, what services they should be charged for, and how we can ensure that the system is better able to identify patients who should be charged".

Full details of the consultation are available here:

http://consultations.dh.gov.uk/overseas-healthcare/migrant_access

The DLA response can be viewed by clicking on the attachment below

Tackling illegal immigration in privately rented accommodation

The DLA has submitted a robust response to the Government's consultation on its proposals to create a new requirement on landlords to conduct immigration checks on tenants, with penalties for those who provide rented accommodation to illegal non-EEA migrants in breach of the new requirements.

You can find full details of the consultation on the Home Office website here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/33-landlords/

You can read the DLA's response by opening the attached file below.

Illegal Working / Civil Penalty consultation

The DLA has submitted a comprehensive response to the UKBA's consultation seeking views on the "prevention of illegal working: Strengthening and simplifying the civil penalty scheme". 

You can read the details of the consultation here:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/civil-penalties/ 

You can read the DLA submission in the attached file below

Employment-related Settlement, Tier 5 and Overseas Domestic Workers

The DLA has submitted a reponse to the UKBA's consultation on Employment-related Settlement, Tier 5 and Overseas Domestic Workers.  The DLA response endorses the responses made by the Immigration Law Practitioners' Association and the Migrants Rights Network - you can read all three responses here 

Earning the Right to Stay

The DLA's position on the Government's proposal to move towards a flexible points basded system for immigration is set out in this response. 

Using the Race Relations Act to protect migrant workers

July 2007

Migrant workers are suffering systematic discrimination precisely because they are migrants. The Race Relations Act was not designed to be used to protect migrant workers from such discrimination and exploitation, but in the absence of any other mechanisms:

  • Can the RRA be used either directly or indirectly to protect migrant workers from discrimination and exploitation?
  • Do DLA members have experience or suggestions on using the RRA to protect migrant workers?
  • Is there any best practice on this issue to share, or any planning and strategising to be done?

Juliette Nash of North Kensington Law Centre, who has issued claims on this basis and held discuss with the CRE, leads the discussion. Briefing 469, Vol.33 contains a summary of the discussion.

Implementation of new powers to prevent illegal migrant working in the UK

The DLA was not one of the organisations invited to this Borders and Immigration Agency consultation. However, it submitted a response as the equality impact assessment shows that implementation of the new powers described in the consultation document may result in unlawful racial discrimination.

The DLA's main focus was on the ways in which:

  • The new procedures that employers will be expected to adopt, and
  • The civil penalty regime

may result in unlawful discrimination.

The DLA is concerned regarding the proportionality of scale of the problem weighed against the increased risk of unlawful discrimination and the additional unwanted burden on employers.
The DLA endorses the TUC's recommendations to the response The TUC response can be found on their website : http://www.tuc.org.uk/international/tuc-13568-f0.cfm

The DLA nevertheless welcomes the decision by the Border and Immigration Agency to issue a code of practice to help employers avoid unlawful discrimination while seeking to prevent illegal working.

Additional responses to this consultation from the Commission for Racial Equality and the Joint Council for the Welfare of Immigrants are included.

August 2007

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