EHRC: The equality implications of being a migrant in Britain

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THE EQUALITY IMPLICATIONS OF BEING A MIGRANT IN BRITAIN

(Wright and Pollert, 2006). Bullying, verbal abuse and racial harassment are common (particularly in kitchens, where abuse sometimes has a racial element, with ‘bloody foreigner’ used as a term of abuse). Other problems include relationships with colleagues, poor English language skills and theft of property from work (Wright and Pollert, 2006). Racist abuse from restaurant customers is also regularly experienced by some waiters (Wright and Pollert, 2006). These are some of the sectors, in addition to cleaning, construction and security, in which there are large numbers of vulnerable workers and the presence of migrant workers is higher. Although it is impossible to measure the exact number, around two million workers in the UK are estimated to be in vulnerable employment. This figure includes around 430,000 undocumented migrant workers, and 1,546,643 workers (62 per cent of them women) with no qualifications, temporary contracts, and with home as a base, and who are paid less than £6.50 per hour. Vulnerable employment has been defined as: ‘precarious work that places people at risk of continuing poverty and injustice resulting from an imbalance of power in the employer-worker relationship’ (TUC Commission, 2008: 12). Vulnerable work is insecure and low paid with little chance of escape. On the basis of detailed statistical analysis of selected localities and regions, Jayaweera and Anderson (2008) found that recent migrants earn less than the minimum wage equivalent to their age bands. The likelihood of getting paid less than the minimum wage was greater for younger migrants, those from A8 and A2 countries, those with lower levels of English proficiency, women and those in more ‘migrant dense’ sectors such as hospitality, agriculture and construction. Migrant domestic workers were particularly vulnerable not only for reasons to do with gender and immigration status but because the private household is also their work site. Among the 687 workers registered between 2006 and 2008 with Kalayaan, an organisation that provides advice and campaigns on behalf of overseas domestic workers, the vast majority (94 per cent) work excessive hours and the majority (84 per cent) earn less than £500 per month, less than the minimum wage. Nearly one quarter of workers have experienced physical assault, while 66 per cent have been psychologically abused (including racist abuse and threats to harm themselves or their families). The restrictions placed on many migrant workers’ labour market flexibility, and their limited entitlements to out-of-work welfare benefit protections, combine to make migrant workers more vulnerable. The factors that affect the power imbalance between workers and employers include workers’ legal rights, their terms and conditions of employment, and their personal characteristics (2008: 12). Many migrant workers are thus forced into vulnerable employment and irregular status by 80


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