A MIGRANT WORKER’S PAY & CONDITIONS Case Study

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A MIGRANT WORKER’S PAY & CONDITIONS Case Study Dave Richards TUC South West

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A MIGRANT WORKER’S PAY & CONDITIONS Case Study. Dave Richards TUC South West. ACCOMMODATION A converted lorry trailer on the loading bay of an abattoir and meat processing factory. Described by employer as, “a palace”. Freezing cold – no insulation Cramped – 4 persons No wc - PowerPoint PPT Presentation

Transcript of A MIGRANT WORKER’S PAY & CONDITIONS Case Study

Page 1: A MIGRANT WORKER’S PAY & CONDITIONS Case Study

A MIGRANT WORKER’S PAY & CONDITIONS

Case Study

A MIGRANT WORKER’S PAY & CONDITIONS

Case Study

Dave Richards

TUC South West

Dave Richards

TUC South West

Page 2: A MIGRANT WORKER’S PAY & CONDITIONS Case Study

ACCOMMODATION

A converted lorry trailer on the loading bay of an abattoir and meat processing factory. Described by employer as, “a palace”.

ACCOMMODATION

A converted lorry trailer on the loading bay of an abattoir and meat processing factory. Described by employer as, “a palace”.

Page 3: A MIGRANT WORKER’S PAY & CONDITIONS Case Study

Freezing cold – no insulation

Cramped – 4 persons

No wc

Charged £30 pw each

No planning permission

Freezing cold – no insulation

Cramped – 4 persons

No wc

Charged £30 pw each

No planning permission

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Promised good pay & accommodation by Anglo-Polish employment agency.

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Pay was £6.50ph – no overtime or speed bonus. Paid by employer and not agency.

Told no Holiday Pay, no sick pay.

No written terms of contract.

Allegations of verbal & physical abuse by line manager.

Allegations of serious breaches of Health & Safety regulation causing physical injury.

Allegations of serious breaches of Food Safety/Hygiene Regulations

Promised good pay & accommodation by Anglo-Polish employment agency.

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Pay was £6.50ph – no overtime or speed bonus. Paid by employer and not agency.

Told no Holiday Pay, no sick pay.

No written terms of contract.

Allegations of verbal & physical abuse by line manager.

Allegations of serious breaches of Health & Safety regulation causing physical injury.

Allegations of serious breaches of Food Safety/Hygiene Regulations

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PAY

An average week of 47 hrs = £ 303.88

Less accommodation £ 30.00

Less Tax & NI £ 54.29

NET PAY £ 219.59

PAY

An average week of 47 hrs = £ 303.88

Less accommodation £ 30.00

Less Tax & NI £ 54.29

NET PAY £ 219.59

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Pawel Moves into Rented House with Wife & 3 ChildrenWeekly Budget

Net Pay (average) £246

Less:Food & Household£120Rent £114Utilities £ 26Council Tax £ 16Travel to Work £ 38 £314

Weekly Deficit (minimum) (£ 68)

Pawel relies on Tax Credits, Child Benefit, Housing and Council Tax Benefit.

Pawel Moves into Rented House with Wife & 3 ChildrenWeekly Budget

Net Pay (average) £246

Less:Food & Household£120Rent £114Utilities £ 26Council Tax £ 16Travel to Work £ 38 £314

Weekly Deficit (minimum) (£ 68)

Pawel relies on Tax Credits, Child Benefit, Housing and Council Tax Benefit.

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EMPLOYEE ISSUES

Low Pay – sometimes less than National Minimum Wage.Pay often less favourable than the norm for Industry.

Equal Pay – migrants paid less than UK colleagues.

Long Hours – sometimes contrary to Working Time Regs.

Accommodation – unfit, unsafe and overcrowded.

Excessive Deductions – accommodation & travel – NMW.Agency charges for finding employment

Health & Safety – lack of training, unsafe systems of workand equipment.

Abuse – Allegations of verbal and physical abuse.

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EMPLOYEE ISSUES

Insurance – employer fails to obtain Employer’s LiabilityInsurance.

Tax & National Insurance – employer fails to payemployees tax and National Insurance contributions.

Confusion – no written statement of terms of employment.Who is the employer / who is the landlord.

Benefits – delays and difficulty in access Tax Credit,Child Benefit, Housing and Council Tax Benefit.

Jobseekers Allowance – A8s are not entitled to JSA for1st year. Frightened of financial consequences of dismissalfrom or terminating employment with, an abusive employer.

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EMPLOYER CASE STUDY

A SW building company employs 20, mainly A8, migrants.

Accommodates 12 in a 3 bed house and 8 in a 2 bed house.

Accommodation charge is £50pw each or £1,000pw total.

Paid as “self-employed”, £5/7ph cash in hand, no Construction Industry Certificates or 30% deduction.

No WRS in operation – no deductions for NI – no check on NI numbers.

Allegations of very poor site safety (injuries) and poor building practice.

4 Workers made angry complaint and were “sacked” but forced to sign an Agreement before payment of back pay.

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EMPLOYER ISSUES

An employer who defaults on obligations towards workers’ pay and conditions is more likely to default on:

Payment of tax and National Insurance to HMRC.

Health & Safety Regulations.

Public liability and other insurance premiums.

If in “Food & Drink” – Food Safety, Hygiene and Public Health.

General safety of product or services.

Planning and Environmental Regulations.

Enforcement and compliance is a multi-agency task.