Best Practice in the

recruitment and
employment of migrant
workers in the social care
sector in Merseyside.
A joint project between Liverpool Social Care Partnership, Oxfam,
and Migrant Workers North West and social care employers.

May 2008
 Table of Contents
Summary
The Partners
Migrant workers in the UK background
Project background and context
Migrant workers employed in Social Care
The Project process
Challenges and Constraints of the work
Changes that have taken place as a result of the project
Good Practice Guidelines
Learning from Others
Next steps

2 3
 Introduction
Over the past twelve months Oxfam,
Migrant Workers North West and Liverpool
Social Care Partnership have worked with
employers in the social care sector to
identify and develop good practice
guidance in the recruitment and
employment of migrant workers. The aim
of the project was to provide support to
the employers to implement this good
practice.
The project was set up in collaboration
with four social care employers in
Liverpool, and took place between April
2007 and April 2008. This report provides
an overview of the work of the project and
describes its key learning and
recommendations.
4 5
Summary
Migrant workers in the social care sector were
identified by Oxfam, Migrant Workers North
West, and Liverpool SCP as an issue that was
seldom highlighted in the general debates
around migration to the UK, and particularly the
migration that has taken place since the
enlargement of the European Union in 2004.
We particularly wanted to highlight the
contribution that women migrant workers make
to the social care sector. At the same time there
were a number of social care providers in
Liverpool who had expressed interest in
recruiting workers from Europe as a possible
way of addressing their ongoing recruitment
and retention difficulties.
The providers wanted to find out more about
the opportunities afforded by international and
European migration but they also had questions
about whether this could realistically meet their
staffing needs. The questions they raised at this
early stage of the project were used to identify
the key themes around which the workshops
and information sessions would be based.
Migrant Workers North West promotes a
Charter a voluntary code of practice on
employing migrant and European workers
and the sections contained within it formed the
structure for some of the areas to be
discussed. We took the Charter as a starting
point for our project and set out to
identify the specific challenges facing
employers within the social care
sector. The Good Practice
Guidance produced in this
project is based on the Charter
but reflecting contributions
from a wide range of
agencies to make sure that
the project and its findings
are based upon a genuine
understanding and
commitment to good
practice within social care.
The Partners
Oxfam works to overcome poverty all over the
world. Millions of people in the UK dont have
enough money to live on. Oxfam believes that
in a rich country this is completely
unacceptable. Thats why we work in the UK.
Oxfam works to overcome poverty in the UK in
three ways. We develop projects with people
living in poverty to improve their lives and show
how things can change. We raise public
awareness of poverty to create pressure for
change and we work with policy makers to
tackle the causes of poverty.
Oxfam is funded by the Big Lottery Fund to run
a three year project to support low waged
migrant workers to know their rights and to
work with employers, service providers, the
media and policymakers, to ensure these rights
are upheld.
Migrant Workers North West was set up in 2007
to lead on the coordination of support to
migrant workers throughout the North West of
England, and to champion the fair treatment of
migrant workers in the workplace. The
organisation was established in response to the
considerable evidence gathered from
individuals, trade unions and voluntary and
community sector organisations, that migrant
workers often experience considerable
difficulties in employment, housing and isolation
in the wider community.
Migrant Workers North West provides
information to migrant workers and employers
about employment rights, housing, skills and
language training, and local support services,
and promotes standards for the employment of
migrant workers that employers across the
region are encouraged to sign up to.
The formation of the Liverpool Social Care
Partnership (LSCP) began in 2001. Since then it
has developed into a sound, focused
consortium, comprising more than 60
organisations from the voluntary, independent
and private sectors, which operate within the
social care sector.
The partnership is viewed as a valuable means
of drawing together providers to promote best
practice.
 Employers
Two private sector and two voluntary sector
employers participated fully in the project. Two
others were involved in the initial stages and 10
other social care providers also engaged with
the project and attended at least one or more of
the training and information sessions.
The four employers who participated fully in the
project were:
Local Solutions was established in 1974 and is
a unique and dynamic social enterprise that
improves the quality of peoples lives. For over
thirty years Local Solutions has been meeting
the needs of vulnerable people in the
community through a number of diverse
services.
Local Solutions have a proven track record of
improving the quality of life for vulnerable and
excluded people in the region through a range
of programmes, and has a number of sites
throughout the Merseyside region in addition to
its headquarters at Mount Vernon Green, close
to the Royal Liverpool University Hospital.
Homecarers Liverpool Ltd (HCL) was
established in 1994 to provide care workers to
support people living in their own homes.
Services are provided to support older people,
people with a physical disability, people with
mental health problems and people with a
learning disability.
HCL provides cleaning, care and support
services to anyone who is referred by the
social services or primary care trust and
those who wish to purchase their own
service.
HCL has its headquarters and a training
and recruitment centre on Chilwall Valley
Road, Liverpool and employs over 200
care support staff and 18 management/
administration staff.
6 7
4.3 MENCAP
Mencap is the UK's leading learning disability
charity working with people with a learning
disability and their families and carers.
Mencap provides three main services:
1. Support
2. Campaigning and Fundraising
3. Information
4.4 United Response
United Response provides a range of services
for people with learning disabilities or mental
health needs.
United Response provides a variety of support.
This could be a few hours a week in someone's
own home or 24 hours a day in a registered
care home. It might be in supported living,
where someone has their own tenancy, or
support during the day at a place of work or at
college.
United Responses support is always designed
around each persons individual wishes and
needs.
Migrant workers in the
UK background
Migration is a global phenomenon which affects
the lives of millions of people throughout the
world. According to the International
Organisation for Migration, there are now about
192 million people living outside their place of
birth - more than at any point in history. Women
and girls make up half of all international
migrants and young people aged 10-24
account for a third of all international migrants.
People migrate for a wide variety of reasons so
it is very difficult to refer to migrants as a
homogenous group. Many are forced to flee
their countries of origin to escape war, human
rights abuses and persecution, or may be
trafficked into forced labour or sexual
exploitation. People migrate to escape poverty,
inequality or lack of opportunity in their country
of origin, to find work on a short or long term
basis, for education, for marriage or to join
families abroad.
For the purposes of this project the term
migrant workers refers to people who have
come to the UK from overseas in order to look
for or take up employment, on a temporary or
permanent basis. It also refers to overseas
students who may be working part-time whilst
studying, and people who have Indefinite Leave
to Remain as refugees, and hence have the
right to work in the UK.
Migrant workers in the UK are a very diverse
group of people from different backgrounds,
with many languages, and who bring a wide
range of skills and experience. Migrant workers
have filled local long-term job vacancies in vital
sectors including transport, distribution, public
services, agriculture, construction and
hospitality and thus make an important
contribution to the local economy. The Treasury
has estimated that total net migration
contributed around 15-20% of trend growth
between mid-2001 and mid-2006, adding the
equivalent of 6bn of additional output in 2006.
(Cross Departmental Submission to the House
of Lords Select Committee on Economic Affairs,
October 2007).
5.1 What are the issues for migrant
workers in the UK?
In recent years the UK has seen a significant
rise in the numbers of people coming to the UK
to work. However despite the enormous
benefits that migrant workers bring to the UKs
economy and local communities, many people
face exploitation in the workplace and are
subjected to poor employment conditions, low
pay, lack of access to employment rights and in
jobs well below their skills levels. Many migrant
workers are in part-time, insecure employment,
often working unsociable hours, often employed
by agencies and with little access to the basic
in-work benefits that many other people
working in the UK take for granted such as a
contract of employment, paid holidays,
maternity leave and paid sick leave. This can
leave migrant workers vulnerable to poverty and
social exclusion.
Other issues which impact on the experience of
migrant workers, and thus indirectly on their
employers, include language and
communication difficulties, lack of knowledge
about where to get advice and support,
isolation and being separated from their families
and communities, and, sometimes, the
temporary nature of their stay in the UK.
Evidence suggests that migrant workers coming
to the UK are unlikely to have any information
about their rights, what services they are
entitled to or how to access these services, and
may face hostility and discrimination, which
prevents them from fully settling into local
communities.
Women workers, including women migrant
workers, may face additional barriers to
accessing longer-term, more secure work and
support because of caring responsibilities and
are often more vulnerable to living in poverty as
a result.

5.2 The experiences of migrant
workers in the North West
Migrant workers make a significant contribution
to the North West and the region is dependent
on the skills, businesses, diversity and vibrancy
that they bring. Migrant workers come to the
North West from all parts of the world to
study, to work, to seek protection. Since the
enlargement of the European Union in 2004 to
include what are known as the A8 countries (
Poland, Lithuania, Latvia, Slovenia, the Czech
Republic, Hungary, Estonia, Slovakia ) many
people have come to the UK to find work and
many businesses have gone to Europe to
recruit and bring workers back to the UK. It is
estimated that up to 1 million people have come
to the UK as a result. The Accession Monitoring
report from the Borders and Immigration agency
reports 796,000 Workers Registration Scheme
(WRS) applications to the end of December
2007. Workers from the A2 countries (Romania
and Bulgaria) which came into the EU in
January 2007 are subject to employment
restrictions and, unless self employed, are
unable to apply for job vacancies in the social
care sector.
Research by Merseyside Social Inclusion
Observatory (2006) found that between 2004
2006, 36,555 people from Eastern Europe
were registered on the Workers Registration
Scheme in North West England. The latest
figures from May 2004 to December 2007 show
over 70,000 WRS applications in the North
West. Registration on the WRS, for the first 12
months of continuous employment in the UK, is
a Home Office requirement that applies only to
people from the A8 countries. It excludes
8 9
people who are self-employed. Of those people
registered in 2006 69% were people from
Poland, 11% from Slovakia and 6% from the
Czech Republic
The same research found that migrant workers
from Central and Eastern Europe were
policymakers to ensure that the rights of
employed across the region as process
operators, kitchen assistants, farm workers,
packers, cleaners and care assistants. The
research identified that most migrant workers
had insecure employment status, were
employed by agencies or were self employed,
and paid the basic minimum wage or less.
Deductions from wages, for example for agency
fees, left many with very little disposable
income. It also found that migrant workers were
living in inadequate, unsafe, insecure and
expensive accommodation, had difficulty
accessing English classes and opening bank
accounts and knew very little about their rights
in the UK or how to access services such as
GPs or schools. Some migrant workers were
homeless and destitute on arrival in the UK or
as a result of losing the job that they first came
with to the UK.
Project Background
To try and tackle some of the issues described
above, both Oxfam and Migrant Workers North
West are currently working to support low
waged migrant workers to know their rights and
to develop initiatives in partnership with
employers, service providers, the media and
migrant workers are upheld. We recognise that
recruiting and employing migrant workers not
only brings unique opportunities, but also,
challenges for employers, who may need to
develop new contacts and knowledge, and
consider new approaches and ways of working.
In developing this project Oxfam, Migrant
Workers North West and Liverpool Social Care
Partnership aimed to support employers to
develop strategies which would enable them to
more effectively recruit and employ migrant
workers to ultimately benefit their organisations,
the service users and their workforce in the
longer term. Some social care providers in
Merseyside have been successfully employing
migrant workers for a number of years and have
developed excellent practice in their recruitment
and employment. Others are keen to engage
with new communities but feel they need
support and guidance to do this
effectively and ethically.
Migrant Workers employed
in Social Care
According to the Commission for Social Care
Inspection (CSCI), the term social care covers
a huge variety of services which range from
community support, such as home care, meals
and day services, right through to care homes
and drop-in centres for disabled people. Older
people are the main users of care homes but
social care services also cater for people with
learning disabilities, physical disabilities or
mental health problems. Some services are also
used by people with drug and alcohol
problems.
In England, more than 1.5 million people use
social services and around the same number
work in the sector, with over 25,000 public,
private and voluntary organisations, with a total
cost of around 17.5 billion. Overall, one in 25
of the national working population is employed
in the care sector.
In order to provide this huge range of services
for people with diverse support needs, the
social care sector needs skilled and committed
workers to provide care and nursing assistants,
support workers, supervisors, care managers
and many other roles which require a wide
range of skills, experience and qualifications .
Many migrant workers are attracted to the care
sector. It provides the opportunity to use skills,
qualifications (some relevant, some not) and
experience gained overseas and, as with all
care workers, the opportunity to contribute
towards the care of vulnerable people. Some
workers will have been recruited directly from
their home country whilst others may have
come to the UK to look for work or to study and
have later taken up employment within the
sector.
Employing migrant workers in social care
settings is not new. As with the health service,
many parts of the social care sector are entirely
dependent on migrant workers providing
excellent services to a wide range of service
users. According to Social Care Code of
Practice for International Recruitment (SCCIR)
around 95,000 of Englands social care workers

were born outside the UK about 9.5% of the
total sector workforce. Data from the 2006
Office for National Statistics annual population
survey suggests that more than 100,000 care
assistants and home care workers are born
overseas - 16% of the registered workforce.
The same survey shows that Zimbabwe
provides the highest percentage of the non-UK
born social care workforce (12%), followed by
the Philippines (10%), Ghana (7%), Poland (7%),
Germany (6%), Nigeria (6%), India (5%),
Jamaica (3%) and the Irish Republic (3%). Data
from the WRS suggests that between May
2004 and June 2006 12,610 applicants
registered as care assistants and home carers
the eighth most popular career for migrants
from the "A8" countries The largest group of
those working in social care, health and medical
services were from Poland (62%), followed by
Lithuanians (14%).
One of the challenges facing the social care
sector across the UK is the high vacancy and
staff turnover levels and low rates of retention of
workers. In order to respond to these issues,
more and more employers in social care are
looking to employ migrant workers in addition to
the local workforce. Recruiting and employing
migrant workers effectively and ethically may
involve adopting new approaches and ways of
working. Whilst the sector can provide a range
of excellent employment opportunities for
migrant workers, there is also a need for
employers to ensure that not only do their
employment practices comply with legal and
industry standards but they apply good practice
in the recruitment and employment of migrant
workers. This is to ensure that the best possible
service is given to clients and that workers enjoy
full access to their rights which brings with it a
range of benefits to employers, staff and service
users including increased staff retention levels
and a diverse workforce.
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The Project Process
There were four phases of the project.
8.1 Recruitment of employers.
Oxfam and MWNW initially made contact with
the Liverpool Social Care Partnership who then
invited their employers to come and learn more
about the project at a meet and greet event in
April 2007. The four employers listed in section
4 subsequently agreed to participate. Other
providers engaged with the project, attending
particular workshops and meetings based on
their needs.
8.2 Consultation with employers
and migrant employees
A consultation process was then held with the
initial six employers to establish their priorities
and concerns and what they hoped to gain
from the project. Four employers then decided
to join the project, and each one was then
asked to complete a questionnaire to provide
more information about their services, the make
up of their workforce, their current recruitment
and staff support processes. They were also
asked why they had decided to participate in
the project and how they hoped it could benefit
their organisation. Individual meetings were
arranged with each employer to establish in
more detail which areas needed more
information or support from the project and
what they wanted to achieve. An action plan
was then drawn up for each organisation.
The four employers identified the following
issues:
How to review their existing policies and
procedures to assess how migrant friendly
they might be, including equal opportunities
and diversity, recruitment, induction,
employment, and language support
How to compile a welcome pack to provide
information for people new to the area as well
as to the country, and to find out where to
signpost people for benefits, housing, health
and advice
How to provide a package of support to
integrate migrant workers into the local
community, and make links with other
relevant organisations such as ESOL
providers and advice centres
Whether recruitment of migrant workers could
enable them to fill staff vacancies particularly
on evening and weekend shifts.
How to address employers fears and
concerns about recruiting workers from
overseas. Information and support was
needed on how to ethically recruit staff
directly from overseas both from inside and
outside of the EU and also to more effectively
target advertisement of vacancies amongst
the local migrant population
Employer responsibilities and duties using the
new Points Based System for immigration
and the Workers Registration Scheme.
Whether Criminal Record Bureau (CRB)
checks can be used effectively for employees
who are new to the UK and what employers
responsibilities and duties are in this area.
How to deal effectively with racism and
negative perceptions of migrant workers
amongst service users, workers and
longstanding staff.
How to improve communication with current
workforce in order to manage possible
workforce tensions
How to address the issue of local
worklessness or unemployment. Employers
did not want to set up new initiatives that
would create inequality or tensions within staff
teams or the local community.
How to develop existing training and better
meet the needs of migrant workers and to
improve communication with service users
and other staff, including the need for training
in English for Speakers of Other Languages
(ESOL).
How to address the issue of local
How to increase the diversity of the
workforce.
Provide opportunities to learn from other
social care providers about good practice.
How to review their existing policies and
procedures to assess how migrant friendly
they might be, including equal opportunities
and diversity, recruitment, induction,
employment, and language support.
How to compile a welcome pack to provide
information for people new to the area as well
as to the country, and to find out where to
signpost people for benefits, housing, health
and advice.
How to provide a package of support to
integrate migrant workers into the local
community, and make links with other
relevant organisations such as ESOL
providers and advice centres.
Whether recruitment of migrant workers could
enable them to fill staff vacancies particularly
on evening and weekend shifts.
How to address employers fears and
concerns about recruiting workers from
overseas. Information and support was
needed on how to ethically recruit staff
directly from overseas both from inside and
outside of the EU and also to more effectively
target advertisement of vacancies amongst
the local migrant population.
Employer responsibilities and duties using the
new Points Based System for immigration
and the Workers Registration Scheme.
Whether Criminal Record Bureau (CRB)
checks can be used effectively for employees
who are new to the UK and what employers
responsibilities and duties are in this area.
How to deal effectively with racism and
negative perceptions of migrant workers
amongst service users, workers and
longstanding staff.
How to improve communication with current
workforce in order to manage possible
workforce tensions
worklessness or unemployment. Employers
did not want to set up new initiatives that
would create inequality or tensions within staff
teams or the local community.
11

How to develop existing training and better
meet the needs of migrant workers and to
improve communication with service users
and other staff, including the need for training
in English for Speakers of Other Languages
(ESOL).
How to increase the diversity of the
workforce.
Provide opportunities to learn from other
social care providers about good practice.
Consultation meetings also took place with
migrant workers employed in each organisation
to make them aware of the project and to find
out what they thought the project should
achieve. Workers were also asked to identify
and issues or concerns they might have, and
their suggestions for what the employer could
do or could have done to improve their
experiences in and out of work.
Migrant workers identified the following areas:
English language and communication issues
at work were a big concern. There was a
desire for employers to provide ESOL classes
Few had experienced problems with their UK
born colleagues and most felt supported by
their employers. However some workers had
experienced racism from colleagues and
service users and felt they could approach
their employers to deal with these issues
Some felt that their skills were being under-
utilised and that there were limited
opportunities to progress in their current role
Some experienced a number of difficulties on
arrival in the UK such as knowing how and
where they could access support with health
and housing and felt that their employer could
play a greater role in supporting others in the
same situation.
8.3 Support for Employers
The project used the information provided
through the consultation to provide support for
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employers in developing and implementing
good practice in employing migrant workers.
Good Practice workshops were then arranged,
based on the themes identified in the
consultation and open to all employers within
the sector. 15 employers attended at least one
workshop, with between fifteen and twenty
people attending each session. These provided
opportunities to learn from specialist agencies in
the field, to identify good practice and to share
ideas and experiences with other providers. The
project also offered support and advice on an
individual basis when required.
The project also offered support and advice on
an individual basis when required.
The following workshops were delivered
Dealing with racism and workplace tensions
facilitated by Migrant Workers North West
and Oxfam
Good Practice in recruiting migrant workers,
in relation to Criminal Record Bureau (CRB)
checks - delivered by the CRB
Migrant workers rights, entitlements and
employers responsibilities delivered by
Anfield Citizens Advice Bureau
What works in the recruitment and
employment of migrant workers learning
from the experiences of AG Care, a social
care provider in London with experience of
recruiting and employing workers from within
Europe delivered by AG Care
Employers responsibilities and using the
Points Based System when employing
overseas staff delivered by the Borders and
Immigration Agency (Home Office)
Induction and support for newly recruited
migrant workers - putting together a welcome
pack delivered by Migrant Workers North
West and Oxfam
Good Practice in Overseas Recruitment
delivered by EURES (Jobcentre Plus
European Recruitment)
In addition to the workshops a number of
group meetings took place to provide
opportunities for employers to network with
others, share ideas, experiences and concerns
and get advice around policies and procedures,
employment practices, and communication with
the workforce.
8.4 Drawing conclusions, identifying
Good Practice and dissemination of
the project findings.
At the end of the project in April 2008, review
meetings took place with each employer to
monitor the progress that had been made
towards achieving the outcomes listed in their
action plan, and to identify changes that had
been made as a result of the project. They were
also asked to identify any outstanding issues or
areas for further development.
had a major effect on the sector as a whole and
to improve rates of pay because of the
Challenges and
Constraints
The project threw up a number of challenges.
9.1 Engaging with migrant workers:
It was sometimes difficult to meet and engage
with migrant workers during the course of the
project. The benefits of this type of
developmental project might be long term and
may not impact on these workers directly. There
was no incentive for migrant workers to attend
consultation meetings unless they were being
paid to do so and the individual nature of their
work, especially those employed in domiciliary
care, meant that it was difficult to meet workers
as a group, through team meetings or employee
forums. There were also issues of lack of trust
where migrant workers were sometimes
reluctant to be explicit about their issues and
what they wanted out of the project.
9.2 Tenders and the
Commissioning process:
The commissioning of social care and the
tendering processes in Liverpool have resulted
in social care being provided by a range of
private and voluntary sector providers. This has
specifically on the terms and conditions of the
workers who provide care services. Discussions
with both employers and staff during the course
of this project suggest that the tendering
process has had a negative impact on the rates
of pay of care workers in Liverpool. Hourly rates
vary from the basic minimum wage rate of
5.52 (in October 2007) to just over 7.00 per
hour. The combination of low pay and, in some
cases, the lack of payment for travel and
training, has an adverse effect on the workers.
As a result the morale of many care workers is
low and the attractiveness of the sector to new
workers is considerably diminished. Although
the employers recognised the seriousness of
this issue, most reported that they were unable
contracts and tendering process. Whilst both
the workers and the employers recognise that
the workforce is highly skilled and committed,
13

and that social care provision is dependent
upon these hard working staff, the current rates
of pay in no way reflect the quality of care and
value of the services they provide, and in fact
are comparable with the pay rate for unskilled
work in other sectors. In our view this is
unsustainable in the longer-term and the
reliance on migrant workers as workers who will
take the lowest pay cannot be the basis for
good practice.
9.3 Immigration policy
It is anticipated that there will be difficulties for
social care providers who want to recruit
overseas as a result of the introduction of the
new Points Based System (PBS) which started
to come into operation in February 2008. The
criteria for work permits under the new system
will mean that employers will not be able to
recruit from outside the EU for posts that are
graded as less than NVQ Level 3. There is the
further possibility that some companies will lose
existing dedicated staff who may not be able to
renew their work permits. Government policy is
now moving towards prioritising UK or EU
workers above individuals from outside the EU.
New criteria, under a series of Tiers, are
designed to ensure that non-EU workers can
only apply to work in the UK under specific
conditions and to fill skills shortages that have
been identified in the UK labour market.
14
Employers Responses
to the Project
Employers felt that they had
a greater knowledge of the rights of migrant
workers and their responsibilities as
employers in relation to them,
a better understanding of how CRB checks
affect organisations employing migrant
workers
increased confidence in dealing with
workplace tensions especially about the
perception of migrant workers stealing jobs
increased their knowledge and understanding
of the needs of migrant workers and the
migrant worker Charter
increased their contacts with networks and
organisations that can be used to support
migrant workers
developed some innovative ideas on good
practice.
We now feel more confident in recruiting
migrant workers from the UK. We have not
recruited directly from overseas yet but we will
be more aware of the pitfalls if we do.
Members of our staff have attended all of the
workshops and we would rate them all as 9
(extremely useful).
Weve picked up some useful contacts. We are
happy that the project has exceeded our
expectations.
Employers also said that they appreciated the
opportunity to debate and clarify policy issues,
for example about CRB checks and their
limitations, and to discuss the need to have
procedures in place to supervise and support
staff throughout the employment process.
Weve had the opportunity to discuss whether
to invest in European recruitment in terms of
costs and future planning, and discuss our
concerns about ignoring local population.
Changes that have
resulted from the project
11.1 Emerging Good Practice
Local Solutions have secured a contract with
Skills for Care to train five migrant workers to
become mentors to newly employed migrant
workers. The project will see each mentor
achieve an NVQ L3 certificate in mentoring in
the workplace, thereby ensuring that they are
confident in their new roles and giving them the
skills to engage in 1 to 1 support sessions with
new employees. The mentors will work with
the new employees for the first 12 months of
their employment ensuring that their needs are
being met and any barriers to continued and
enjoyable employment with Local Solutions are
removed.
During the course of the project there were
considerable changes made in the attitude of
employers towards migrant workers, with many
saying that their misconceptions, largely
influenced by the media, had been dispelled
and there was an increased awareness and
confidence in dealing with workplace tensions
including racism.
Liverpool Social Care Partnership also met with
members of the Migration Advisory Committee,
the government body which identifies UK skills
shortages and reports on future international
recruitment needs. They raised their concerns
that the skills level being set for work permits for
social care workers (NVQ L3) would effectively
exclude the staff that the sector needs and
therefore should be changed.
Some employers are now paying staff out of
pocket expenses to attend training and are
considering paying for their time to attend
training to strengthen the skills of the workforce.
Home Carers Liverpool Ltd have created a
welcome pack for all staff, not just migrant
workers.
MENCAP have made changes to enable
applicants who dont speak English as a first
language to better access job opportunities
within the organisation and now have an
increased confidence in recruiting migrant
workers from with the UK
Liverpool Social Care Partnership have
benefited from new contacts and networks and
are now promoting the Good Practice charter
and the use of welcome packs with other social
care employers.
11.2 Proposed Changes
Home Carers Liverpool Ltd plan to give new
staff specific mentors and a member of their
training and recruitment team will contact
new staff each week to iron out any problems
they may have. The company is also looking
to recruit more staff from the migrant
communities in Liverpool.
MENCAP plan to develop a welcome pack
containing social and economic information
which will be made available to all workers.
MENCAP also plan to refer applicants who
were unsuccessful at interview because of
their English language skills to ESOL courses.
They also plan to target advertisements for
vacant posts to ethnic minority communities
in the City and raise awareness of the
services they provide.
Liverpool Social Care partnership are
exploring the feasibility of attending a
recruitment event in Europe with support from
EURES
All the employers were interested in receiving
further training and participating in further
good practice workshops.
11.3 What has limited the
agencies/sector in implementing
bigger changes?
Some employers felt that due to financial
constraints they are not in a position to recruit
directly from overseas.
Most employers are still in the process of
gathering the information needed to make
decisions about the future recruitment and
employment of migrant workers.
15

Employers were concerned that they do not
have mechanisms in place to assess levels of
English; they expect a certain standard but
dont have the means to measure this.
Employers felt unable to invest in recruiting
workers with insufficient English language
skills and provide in-house training.
16
Good Practice Guidelines
Through working with employers, migrant
workers and other specialist agencies, as part
of the workshops and in-group meetings, we
were able to identify good practice in each of
the themes identified by employers at the start
of the project.
In additional to these guidelines, employers are
encouraged to sign up to the Minimum
Standards Charter for Good Practice in
employing migrant workers and European
workers promoted by Migrant Workers North
West and further adapted in the Good Practice
Guide to the Recruitment and Retention of
International Workers within the Social Care
Sector Greater Merseyside, A report for Skills
for Care Greater Merseyside produced by
Merseyside Social Inclusion Observatory for
Skills for Care in May 2008. For contact details
see the end of the report.
Further guidance can be found in the Social
Care Code of Practice for International
Recruitment. www.sccir.org.uk
12.1 Recruiting migrant workers
directly from overseas
Consider local unemployed workers before
recruiting from overseas
Consider ethical factors when recruiting from
12.2 Recruiting migrant workers
overseas.
from within the UK
Use reputable employment agencies that do
not charge a fee to applicants and will protect
your interests as an employer. EURES is part
of Jobcentre Plus and is an extra service for
employers who cant find workers within the
UK. There are 700 EURES advisers across
Europe, 23 in the UK, and 1 in the northwest.
EURES advisers give help and advice to job
seekers and employers and can help link
employers to job fairs in different countries in
Europe. 2,000-3,000 people per day attend
job fairs. Employers can send job adverts to
EURES website through JCP and can put
application forms or CVs on the website
through their advisers. Employers need to
stipulate accommodation arrangements.
Employers may need to go out to the
countries and interview people and EURES
can facilitate this. Over 300 CVs are currently
on the website, over 3,000 employers are
registered, and over 1 million jobs are
advertised on the website.
Employers can contact UK NARIC
www.naric.org.uk to get information and
opinion on vocational, academic and
professional skills and qualifications from over
180 countries. There is a charge for this
service.
Employers should familiarise themselves with
good employment practice and
the Points Based System for immigration and
the requirements for gaining work permits
and becoming a sponsor. Guidelines for
employers and sponsors can be found at
www.bia.homeoffice.gov.uk Employers need
to register with BIA to be a sponsor.
Licensed sponsors will be able to issue
certificates of sponsorship to workers. The
worker can use the certificate to apply
through the PBS and for a visa.
Provide information to existing staff about
how to extend their work permits. This
information is available on the BIA website.
Employers cannot specify that they wish to
employ a worker of a particular nationality or
race unless this is a Genuine Occupational
Qualification (The Race Relations Act 1976
(RRA) (Amendment) Regulations 2003)
It is the employers responsibility to ensure
that workers from the A8 countries are
registered on the Workers Registration
Scheme.
There should be no difference in the short-
listing and interview processes used when
recruiting migrant workers and UK nationals.
Employers need however to review current
practices to make sure that they are attractive
and accessible to people from all different
backgrounds.
Consider how and where current vacancies
are advertised to attract applicants from
migrant communities. Consider using
websites, libraries, job fairs in different
community settings, faith groups, community
newspapers as well as JCP to attract
applicants from diverse communities.
Consider providing an attractive package of
support which may include accommodation
to local workers as well as migrant workers.
12.3 Employment and Retention
of Migrant workers - Using existing
legal standards
Ensure that the same good employment
practices apply to all workers regardless of
nationality or race. All workers should have full
access to statutory employment rights and
legislative protections such as the right to be
paid the minimum wage, have a contract of
employment, paid holidays, and opportunities
for professional development. Employers
should provide this information as part of
good practice.
Ensure that all workers know about their right
to join a trade union and provide information
about how to do this during the induction
process.
Migrant workers should not be excluded from
any existing policies or procedures. There
should be no need to make any separate
arrangements or agreements.
Review job descriptions, person
specifications, application forms and
monitoring forms to ensure that they meet the
needs of a diverse group of applicants and
record information about nationality so that
you can monitor your success at recruiting
from a wide range of communities.
12.4 Providing support and
Information to new workers
Consider a starter or welcome pack for new
workers which contain information about local
17
 services health, housing, library and
education services, transport, social, leisure
and cultural activities - as well as information
related to the social care sector in the UK,
the organisation and the post. This is
because workers who are new to the area,
the country or the company often
experience isolation and this approach helps
address these immediate needs for ALL
workers.
You could use or adapt the Welcome Pack
developed by Kensington Regeneration
partnership which is available in English,
Polish, French, Arabic, Farsi, Turkish,
Somali, Cantonese, and Mandarin. For
further details contact
paula.murawski@liverpool.gov.uk or see the
website
www.kensingtonregeneration.com
Make links with other local or national
organisations and signpost new employees
to additional support services. A list of
support organisations and service providers
can be found on
www.migrantworkersnorthwest.org
Consider setting up a buddying or mentoring
scheme for all new staff to ensure that all
staff receive supported when they start work
and, as a result, may be more likely to
remain with your company. This includes
staff who may not have worked for some
time as well as staff from outside the area or
new to the sector.
Provide induction support and supervision
using existing CSCI industry standards
12.5 Training and workforce
development
Develop links with trade unions who have
access to training initiatives including ESOL,
literacy, numeracy and ICT training for all
staff.
Ensure that all training and induction
materials, including health and safety
information, are provided in a format that
can be easily understood by all staff and that
you can check their understanding.
Provide induction and ongoing training to
CSCI standards.
18
Provide Cultural Diversity Awareness training
to all staff, including management and any
existing migrant workers.
11.6 Communication with workforce
and preventing or dealing with
workplace tensions and racism
Good communication with your existing
workforce about the reasons behind your
intention to recruit international staff is
crucial. Reassure staff who may have
concerns about their own job security and
dispel any myths or misconceptions that
staff may have about migrant workers.
Organisations should have a Mission
statement, Dignity at Work and Diversity
policy.
Policies should be meaningful and
understood by all staff induction and
training on these policies should be provided
on a regular basis.
Policies and language about the ethos of
care in the UK and the rights of service-
users need to be explained to all workers,
backed by regular inductions and training.
Be explicit, dont use jargon
Organisations should reflect the
communities they work in and employers
should make arrangements to improve
engagement and links with diverse
communities.
Include diversity issues in performance
review systems.
Provide opportunities for staff to get to know
each other and experience and celebrate
diversity for example through cultural events,
or sharing food. Create opportunities to
break down barriers. Link into other
activities in the local area.
Establish an employee forum, reflective of
the composition of the workforce, which
meets regularly to identify and address
ongoing issues for all staff.
Develop diversity champions for
organisations and individuals.
12.7 Service-Users
Talk to service-users about their own cultural
considerations and what they want from the
service. Set up a Service user agreement.
Include diversity and inclusion information in
all literature that is sent out to service users
about the service. Use appropriate methods
to communicate this to service-users.
If there are issues, treat each case on an
individual basis. Address communication
issues. Employers have a duty to clients
and staff and an obligation to protect both.
Employers must be explicit that racism will
not be tolerated use industry standards
from CSCI.
Challenge negative myths and promote
positive information.
12.8 Organisations
Use existing best practice for recruitment
and employment and make it active within
your organisation.
Use publicity about the company to
demonstrate a diverse workforce and
diverse service users.
Use sector-based codes of conduct.
Share good practice with other
organisations.
Review policies, recruitment methods and
processes regularly.
Actively engage with a range of
communities.
Use race, nationality and gender monitoring
systems. Analyse and use information from
monitoring forms on an ongoing basis.
12.9 Criminal Records Bureau (CRB)
checks for overseas workers
Employers have the same obligation to
undertake CRB checks for migrant workers
as they do for UK nationals. Employers
should pay for CRB checks
The CRB cannot currently access overseas
criminal records or other relevant information
as part of its Disclosure service. However
some countries will provide documentation
that is the equivalent to a CRB in their home
country. Together with a UK CRB check this
covers most workers backgrounds. For
further advice contact CRB.
CRB provide guidance via the CRB website
on how to get information from a number of
countries.
For countries not listed employers can use
www.fco.gov.uk
CRB provides guidance about acceptable
forms of European ID on its website - at
www.crb.gov.uk/dip - and those documents
that may be produced by an applicant for
identity verification purposes
Under Section 8 of the Asylum and
Immigration Act 1996 all employers in the
United Kingdom are required to make basic
document checks to help prevent anyone
from working without permission to do so.
The Border and Immigration Agency operate
an Employers' Helpline and and Employer
Checking Service to assist employers with
undertaking the appropriate document
checks There are currently 2 services
available to employers.
An on-line interactive guide
(http://www.employingmigrant
workers.org.uk/)
An Employer Helpline 0845 010 6677
12.10 Rights, entitlements and
responsibilities of Migrant workers
Lots of A8 nationals in the social care sector
are likely to be women who may have
children.
Make sure workers know what benefits your
workers are entitled to e.g. child benefit and
working tax credit. Guidance is available in
some languages from HMRC and online
interpreters are available.
Consider providing a pack with useful
numbers or signpost people to the Citizens
Advice Bureau (CAB).
19

Learning from others
Case Study AG Care London
AG care is family-run company started 12 years
ago. The company has grown considerably in
the last few years from 1500 to 7000 hours per
week. Their staff are mainly women.
In the initial stages, AG Care recruited staff
locally with some success in spite of
competition for vacancies with local
supermarkets but as their contracts increased
the company found it needed a new workforce
very quickly.
In 2004 AG Care decided to explore the
opportunity of recruiting migrant workers
directly from overseas. They had a contact in
Poland and were able to recruit 12 staff in one
town. The company decided early on to only
take workers with a good level of English
sufficient to do the job of care assistant and
who were able to be interviewed and assessed
in the usual way. Potential staff had to pass the
same literacy test as all applicants in the UK.
The format is based on verbal questions and
answers, and a written reading and
comprehension test.
The company held a job fair in Poland where
applicants came with a CV, received information
about the company completed an application
form and were interviewed the following day. A
decision was made immediately. AG Care then
had a 4 week period to get CRBs checks in
process and make practical arrangements.
Workers arranged their own flights and were
met by an AG Care representative at the airport.
AG Care arranged accommodation for new staff
in the area where they would be working by
renting furnished houses which staff shared.
Staff were also free to choose their own
accommodation in the initial stages or once
they have become familiarised with the local
area. AG Care currently rent 9 houses and now
employ a facilities manager to manage the
properties and support staff to deal with
ongoing practical and pastoral issues. AG Care
provide a lot of support for workers in the initial
stages such as providing workers with a
20
Next Steps
All employers are invited to participate in
bicycle, supporting people to open a bank further workshops and to receive a copy of
account, register with a GP or enrol for English the good practice guide for recruiting and
classes and registering workers on the Workers
employing international workers which is
Registration Scheme. They provide a full
being developed by Merseyside Social
induction which includes information about the
Inclusion Observatory for Skills for Care and
local area and UK systems as well as the job
role and ongoing training including ESOL. will run from May to July 2008. For further
details contact Claire Stevens, MSIO,
AG Care feel they have successfully dealt with telephone 0151 794 3117
potential workplace tensions and communicate
well with all staff to head off any issues. For further information about the project and
They have regular team meetings, and produce to discuss any of the workforce issues that
a newsletter every pay day. AG Care told the have been identified here please contact
existing workforce of their intention to recruit Mikaela Williams-Brown at LSCP on 0151
migrant workers and the reasons behind this. 702 5554
There were a lot of concerns and questions but
no opposition. They believe its important to be Employers who are interested in signing up
very honest and open about the reasons why to the Minimum Standards Charter should
recruiting migrant workers. ring Migrant Workers North West on 0161
The response from service users to working 877 6331
with migrant carers has generally been good but
there have been some isolated issues which
were dealt with quickly on a case by case basis
so staff felt supported.
3 years later, AG Care are still recruiting directly
from Poland but now maintain a mix of both
local and overseas recruitment. Local
recruitment of migrant workers is more difficult
because the workers have more employment
options.
AG Care maintain that although this approach
has meant a lot of investment, it has not been a
risky venture and has benefited the company
enormously. The 12 staff that they recruited in
2004 are still with them and 2 of them are now
managers.
For further information please contact Rose
Range, Assistant Director, 0208 6952368,
rose.range@agcare.co.uk
www.agcare.co.uk
21
 Minimum Standards Charter

A Voluntary Code of Practice

on Employing Migrant and
European Workers

22
1. Introduction
1.1 Migrant Workers North West is a Limited Company
with Charitable Objects, established to provide
support and services to migrant workers, their
communities and their employers. The organisation
promotes the positive benefits of diversity in the
workplace but recognises the need for employers to
be better informed about migrant workers arriving in
the North West, and to encourage employers to take
responsibility to support the integration and safety of
migrant workers into the local community.
1.2 Migrant Workers North West has therefore produced
this Charter, based on a model established by
Northern Irelands Business in the Community, to
clearly identify a range of workers rights and
employers responsibilities. The Charter is endorsed
by partner organisations Business in the Community
(North West) and the North West TUC.
1.3 The document is intended as a Statement of Intent,
as well as being an endorsement of best practice
in the employment of migrant workers, but it also
recognises that employers have differing levels of
involvement in this issue.
2. Definition of Migrant Workers
2.1 For the purposes of this Charter, a migrant worker is
defined as any individual who arrives in the UK either
with a job to go to or with the intention of finding
one.
2.2 These might typically include.
nationals of the European Economic Area (EEA)
who have a right to travel, live and work in the UK;
nationals of all other countries these people
require a work permit, which is obtained by an
employer who cannot find a suitable national to fill
the post;
Commonwealth working holidaymakers
individuals between the ages of 17 and 30 who
can work in the UK for up to two years; and
students from outside the EEA who can
undertake part-time work whilst enrolled on
courses here.
3. General Principles
3.1 Employers who are signatories to the Charter will
support the principal aim of being ethical in their
recruitment practices, both in relation to potential
employees and any impact on their country of origin.
In particular, employers will.
take care that, if recruiting from another country,
they do not create a shortage of skills in that
country, for example, in nursing or other essential
services;
ensure that, wherever possible, recruitment in
developing countries should be undertaken as
part of an intergovernmental co-operation
agreement.;
where practicable, apply their usual recruitment
and selection policy and procedures if
undertaking a proactive recruitment campaign in
another country;
establish and agree clear and ethical recruitment
guidelines to which recruitment agencies,
operating on their behalf, must adhere - including
a basic requirement that the agency does not
charge fees to candidates considered for
recruitment; and
give full consideration, also, to the availability of
labour within local (North West) communities as a
means of filling vacancies.
4. Treatment of Workers
4.1 Employers who are signatories to the Charter accept
that the way in which employees are treated is a key
indicator of a socially responsible attitude.
4.2 Signatories therefore agree that migrant workers
should be treated fairly and equitably in relation to
other employees and, in particular, will.
ensure that workers are provided with a copy of
their employment contract and/or terms and
conditions at the earliest opportunity and have
understood the contents - providing these in the
workers first language where required and
appropriate;
provide workers with details of trade unions
operating within the workplace;
ensure that the same pay, terms and conditions of
employment are applied to migrant workers as
apply to other employees undertaking the same
work;
recognise that migrant workers/overseas staff are
entitled to the same statutory employment rights
and are protected by UK employment legislation
in the same way as other staff;
afford migrant workers/overseas staff the same
opportunities for learning and development as
other staff;
ensure that all workers, including those whose
first language is not English, understand all work
related procedures and processes and can
confirm that understanding; and
ensure, specifically, that health and
safety information, briefings and
regular updates are provided
in a format which can be
readily understood by
all staff.
5. Travel and accommodation
5.1 The Charter recognises that, where employers are
specifically responsible for bringing workers to the
UK, those employers should be proactive in
overseeing and assisting with suitable travel and
accommodation arrangements for migrant workers.
In particular, those employers will.
where necessary and appropriate, meet travel
costs incurred by migrant workers during the
recruitment stage and, where this cost is to be
paid back to the company, it should be paid back
at an agreed affordable rate over a specified
period of time;
where possible, source appropriate
accommodation, and if necessary, take out a
lease on behalf of the tenants although workers
should not be required to stay in accommodation
provided by the employer but should be free to
choose their own if they wish to do so;
not require workers who live in accommodation
provided by the employer, and then leave that
employment, to quit their accommodation
immediately - but will, instead, allow a reasonable
and agreed period of time to find a suitable
alternative (and recognising that migrant workers,
like anyone else, are entitled to at least four
weeks written notice to quit); and
ensure that accommodation which they provide
for migrant workers is not overcrowded and does
not pose a risk to the health and safety of those
living there.
5.2 In addition, all employers who are signatories to the
Charter will.
recognise the particular vulnerability of women
seeking accommodation and provide necessary
support where possible;
help to ensure that, where workers obtain their
own accommodation, they are not being
exploited, and will offer advice and help if
requested; and
help, wherever possible, to provide information to
migrant workers about Registered Social
Landlords and other reputable sources of
accommodation, or related providers such as
Furniture Resource Centres, for example.
6. Integration into the Community
6.1 The Charter recognises that relocation to a new
country can be difficult and intimidating. Employers
should play an active role in helping migrant workers
settle and integrate into their new host community.
6.2 In particular, employers responsible for bringing
workers to the UK will.
provide relevant information to workers prior to
their arrival regarding, for example, the employer,
the geographical location, climate, cost of living
etc and it is important that overseas staff have
as much information as possible in order to be
prepared and develop realistic expectations;
support workers in familiarising themselves with
the local neighbourhood and facilities, by for
example.
- helping to register with a Dentist and GP or
insisting on registration with the company
doctor (where appropriate),
- helping with the issue of a National Insurance
Number,
- working with a local bank or credit union to
help with setting up a bank account,
- where necessary, working with local
utilities/heating/fuel providers possibly having
the company channel payment in the first
instance. (Utilities tend to be suspicious of
people with no track record of payment),
- providing access to information on schooling
where there are children involved, and/or
- signposting to the other local resources such
as the local library, Citizens Advice Bureau and
FE Colleges;
establish local liaison arrangements with the Local
Authority to notify them in advance about
significant movements of people into or out of
their area in order to support the integration of
migrant workers and their safety in the
community;
work with the local Police Community Liaison
Officers or third-party support (through RECs, for
example) to ensure awareness of safety issues
and encourage reporting of racial incidents in the
community;
liaise with local community organisations, to
provide welcome packs for workers;
seek to build a sense of belonging and welcome,
through arranging social or sporting events; and
support workers in accessing the Internet and
personal e-mail addresses (perhaps within their
local library) in order to allow them to undertake
their own research, and reduce feelings of
isolation.
www.migrantworkersnorthwest.org
7. Support for those who speak little 9. Dealing with discrimination and
or no English harassment in the workplace
7.1 The Charter recognises that, for workers with little or 9.1 Unfortunately, workplace discrimination and
no understanding of English, or who cannot read harassment still take place, often directed at migrant
English, special arrangements should be made. workers. Employers have a responsibility to address
These could include providing translation, using this issue and in particular, signatories to the Charter
interpreters, or replacing written notices with clearly will.
understood symbols or diagrams. promote a workplace culture that recognises,
7.2 In particular, employers will. values and respects diversity;
disseminate information about local services in encourage the reporting of racial harassment and
workers own language and/or signpost workers provide appropriate support to victims, working in
to relevant service providers; conjunction with trade unions, Race Equality
Councils, etc;
support migrant workers to learn English as a
second language and, where possible, provide provide training to staff in dealing with racial
free ESOL classes in conjunction with accredited harassment;
ESOL providers, including ESOL courses which communicate with the existing workforce to
are specifically designed to meet the needs of the ensure they understand the reasons for overseas
business; and recruitment, are aware of the skills and experience
provide all information and training in a format that of the individuals and also have an understanding
takes account of any language difficulties. of the different cultures involved;
identify a liaison person within the organisation to
provide advice and support; and
8. Meeting the cultural needs of minority
ethnic workers provide opportunities for dialogue and support on
an ongoing basis.
8.1 Coming to live and work in a new country can be a
culture shock for migrant workers and it is
important for employers to be supportive of the 10. Public Services and Procurement
diversity of personal cultures which employing 10.1 The Charter recognises the important role to be
migrant workers brings. played by the Public Sector in ensuring the fair and
8.2 In particular, employers will. equal treatment of migrant workers.

help to increase the awareness, knowledge and 10.2 In particular, therefore, Public Sector employers who
skills of staff in dealing with the needs of minority are signatories to the Charter will ensure that its
ethnic workers; principles are observed by all contractors, agencies,
provide Cultural Diversity Awareness training to all suppliers and service deliverers with which they have
staff; and formal procurement arrangements, and that
compliance with its conditions will be a key measure
provide an induction programme to support of performance.
migrant workers in adjusting to both regional
culture and the employing organisations culture
and this should include information on food, Acknowledgments
supermarkets, transport, laundrettes, emergency We would like to thank Business in the Community (Northern
telephone numbers, religious services, maps of Ireland) for producing the original document on which this
local area etc. Charter is closely based. We would also like to thank the
TUC and Business in the Community within Englands North
West for their particular support with this initiative.

Name of Company/Organisation: ............................................................................................................................................................................................................................................................................................

Address: .......................................................................................................................................................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................................................................................................................................................................................

Signed on Behalf of Company/Organisation: ..........................................................................................................................................................................................................................................................

Position: ........................................................................................................................................................................................................................ Date: .........................................................................................................................

For further information and to sign up to the principles of the Charter please contact
Migrant Workers North West on 0161 877 6331 or email dave@migrantworkersnorthwest.org
Migrant Workers North West is a Limited Company, registered in England. The Companys Registration Number is 5889470 (Date of Incorporation
27 July 2006), and the registered office address is Migrant Workers North West, Transport House, Merchants Quay, Salford Quays, Salford, M50 3SG.
27
For further information and to sign up to the principles of the Charter please contact
Migrant Workers North West on 0161 877 6331 or email dave@migrantworkersnorthwest.org
Migrant Workers North West is a Limited Company, registered in England. The Companys Registration Number is 5889470 (Date of Incorporation
27 July 2006), and the registered office address is Migrant Workers North West, Transport House, Merchants Quay, Salford Quays, Salford, M50 3SG.