Migrant workers

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. 

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.

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