Appendix II: Migrant Workers’ Charter
Most adult social care is commissioned by Local Authorities. The exploitation of migrant care workers in the sector has become more widespread, especially since the extension of the health & care visa to include social care.
This exploitation can reach the level of modern slavery and human trafficking. Workers have been charged illegal fees, made to move across the country, given no hours or told to work excessive hours. UNISON members tell us that when they challenge poor treatment or exploitation, irresponsible employers seek to leverage their position as visa sponsors, threatening them with removal from the country.
Where Local Authorities are commissioning social care providers, they have a responsibility to ensure taxpayer money is not being used to exploit workers. This charter establishes minimum standards which the Local Authority will apply to themselves and the adult social care providers they commission. These standards cover employment rights, modern slavery, relevant immigration considerations and supportive practical elements such as driving licences.
The Care Act 2014 places a number of legal responsibilities onto Local Authorities, including protecting those requiring care from abuse and neglect and to improve the quality of care that is provided in the area. When a contracted care provider is coercing, underpaying, threatening or otherwise poorly treating the staff it employs, it will inevitably be falling short of these standards for those under its care. Local Authorities that sign up to the Charter are committing to take responsibility for addressing these workplace issues and, therefore, ensuring that the care provided by those staff is of the highest quality.
Coercion and Modern Slavery
The treatment of migrant care workers can reach the threshold of modern slavery, including withholding of passports, unpaid hours, threats of deportation and denial of basic employment rights.
Signatory local authorities will:
1. Ensure no migrant care worker is exploited or subjected to modern day slavery.
2. Ensure all contracted care providers and agencies publish an annual modern slavery statement.
3. Ensure all contracted care providers and agencies have a named person who oversees the modern slavery risk.
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