A MIGRANT WORKERS PAY

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A MIGRANT WORKERS PAY CONDITIONS Case Study
Dave Richards TUC South West
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ACCOMMODATION A converted lorry trailer on the
loading bay of an abattoir and meat processing
factory. Described by employer as, a palace.
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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. ----------------------- 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. Allegation
s 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
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Pawel Moves into Rented House with Wife 3
Children Weekly Budget Net Pay
(average) 246 Less Food Household 120 Rent
114 Utilities 26 Council Tax 16 Travel
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 work
• and equipment.

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• EMPLOYEE ISSUES
• Insurance employer fails to obtain Employers
  Liability
• Insurance.
• Tax National Insurance employer fails to pay
• employees 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 for

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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.