The Local Government Staff Commission for Northern Ireland

Employing Migrant Workers

Guidance Note June 2008 Contents

Background 3

Business Case 3

Attracting Migrant Workers 3

Ensuring Workers are Eligible to Work in the UK 4

Recruitment 4  Person specification 4  Qualification Equivalencies 4  Translator at interview 4  Application pack 4  Fair employment information 5  Training for panel members 5  Child Protection Checks 5

Information Packs 5

Language Skills 5  Assessing language skills 5  Translating core documents 5  Recruiting staff with language skills 6  Managers 6

Training – for Migrant Workers 6

Training – for Other Staff 6

Audit of Language Skills 7

Interpreting/translation 7

Other sources of information 8

Appendix 1 Migrant Worker Awareness Training 9

2 Background

This guidance note has been prepared by a sub group of the Statutory Duty Network to:  provide information on attracting migrant workers to work in council posts  address common issues for councils when employing migrant workers  signpost councils to sources of further information and advice.

Business Case

There are a number of councils who are experiencing difficulties recruiting to particular posts. Migrant workers could be recruited to fill these posts.

The NI Housing Executive has produced a publication “Black and Minority Ethnic and Migrant Worker Mapping Update, Feb 2007” which benchmarks the current black and minority ethnic and migrant worker populations by district council area in Northern Ireland. This document is available from the publications section of the Housing Executive website at www.nihe.gov.uk.

Attracting Migrant Workers

Some councils have a large number of migrant workers living in their council area but have found that they do not apply for council vacancies. This could be for a number of reasons, for example, migrant workers may not be aware of council vacancies, they may not know where to look for them or they may find the application process too difficult.

A number of councils have addressed this by:  advertising job vacancies on the local radio stations, translated in to minority languages  advertising jobs in the local college where migrant workers attend language classes  simplifying the application process  holding recruitment days for hard to fill posts  offering assistance to complete the application form  meeting with local minority ethnic organisations to make them aware of council vacancies and the application process  providing training materials on the fair employment process in minority languages and giving these to the local college to deliver as part of their English language classes

3 Ensuring Workers are Eligible to Work in the Uk

The law in relation to employing migrant workers, and preventing illegal working, changed on 29 February 2008. Further information is available from the Border and Immigration Agency website at www.bia.homeoffice.gov.uk or the Business Link website at www.businesslink.gov.uk.

These websites give specific detailed guidance on checking documentation, work permits, etc.

Recruitment

Person specification Councils should assess the language skills required for all posts (see Assessing language skills below) and include language skills on all person specifications, for example, a labourer may require basic spoken English whereas a Policy Officer may require a proficient level of written and spoken English. However, when assessing the language skills required for particular posts, councils should be aware that some native English speakers do not have basic reading or writing skills.

Councils should ask on their applications forms, along with other criteria on the person specification, if they meet the specified language skills. People who speak English as their first language would state this on the application form. Where a migrant worker is attending an English speaking class at a college, the college should be able to provide documentation stating their level of English language skills in relation to the Language Ladder. Alternatively the council could ask a tutor from a college to assess an individual’s language skills as part of the recruitment process.

Qualification equivalencies Councils should have a procedure for evaluating the comparative value of qualifications gained overseas. Advice on this can be obtained from the CCEA on 028 9026 1200.

Translator at interview For posts which may only require basic spoken English, councils should offer to provide a translator at interview for migrant workers.

Application pack The application pack can be daunting for migrant workers who may be used to a very different recruitment process. Some councils have:  simplified the application form and provided more guidance notes on completing the application forms, explaining the interview process, etc.  offered to provide assistance in completing application forms  considered hosting a recruitment day for migrant workers which gives information about jobs with the council and assistance to complete application forms on the day followed by short screening interviews

4 Fair employment information One council has developed training materials to explain the fair employment process to migrant workers. The training pack has been sent to local colleges for their tutors to use it with migrant workers attending English language classes.

Training for panel members All panel members should attend recruitment and selection refresher training which highlights particular issues affecting the recruitment of migrant workers.

Child Protection Checks It is very difficult to obtain overseas criminal records or other relevant information as part of the AccessNI disclosure service. Councils may wish to contact the website of the Police Service of the country where an individual comes from or the country’s representative in the United Kingdom (contact details on the Foreign and Commonwealth Office website at www.fco.gov.uk).

Many countries allow their citizens to obtain certificates of good conduct or extracts from their criminal records. AccessNI advised that the level of information disclosed in this way varies from country to country and such certificates should be treated with caution, as it is difficult to confirm that the information is genuine or complete.

It should be remembered that a criminal record check is just one aspect of the recruitment process and employers should treat all applicants in the same way to avoid being accused of racial discrimination.

Information Packs

A number of employers have prepared information packs for new employees to provide information on local services such as schools, GPs, hospitals, banks, etc.

Language Skills

Assessing language skills The Department for Children, Schools and Families has developed a National Language Strategy and introduced a language recognition system, known as the Language Ladder. This is a useful system for assessing language skills. Further information is available from the Department’s website at www.dfes.gov.uk/languages or from Asset Languages at www.assetlanguages.org.uk.

Translating core documents Councils should consider what core documents they give to new staff, for example, equal opportunities policy, health and safety policy and staff handbook. It should be remembered that some native English speakers may also have difficulty reading and understanding these documents.

5 Where some documents are standard across councils, for example the equal opportunities policy, harassment policy or code of conduct, councils may wish to cooperate to get them translated into a number of minority languages.

For policies which may change frequently or which are important for particular jobs, for example the health and safety policy, it may be better to have a face to face session with migrant workers, using a translator.

Recruiting staff with language skills For posts which have regular contact with minority groups such as an Anti- Racism Officer or Irish Language Officer, councils may wish to ask for a minority language as part of the essential criteria for the post. For other posts which have frequent contact with minority groups such as HR staff or reception staff, council may wish to ask for a minority language as a desirable criterion.

Managers Some employers provide line managers with phrasebooks in the languages of the migrant workers to assist communication on-the-job.

Training – for Migrant Workers

Councils should ensure that migrant workers employed by the council understand enough English to attend training courses which are necessary to help them carry out their job, for example, induction training, health and safety training. Where councils employ large numbers of migrant workers who speak the same language, they could provide such training with an interpreter. If training in a minority language is required for only a small number of staff, councils should consider holding a face to face session using an interpreter.

Training – for Other Staff

Before bringing migrant workers in to the council workforce, some councils have found it useful to hold anti-racism training for all staff to address the attitudinal ethos amongst the existing workforce. There a number of providers who can deliver this training. A sample awareness training programme provided by ANIMATE is attached in Appendix 1.

6 Audit of Language Skills

One council has conducted an audit of the language skills in the existing workforce to determine:  if any staff have a second language  if any staff have translation or interpreting experience  if staff who have a second language would be prepared to use their language for basic queries in the council for example if someone who has very little English arrives at the council reception, a member of staff can ask them in their own language to make an appointment to come back when a translator can be present.

The council has also audited staff to ask if they would be interested in learning a second language which could be used by the council to improve the service they provide to the borough for example, one of the languages used by migrant workers in their borough, sign language, Irish or Ulster Scots.

Councils should exercise caution to ensure that staff are not used for translation too frequently if this does not form part of their job.

Councils should also consider whether they should make a payment to staff who regularly use their language skills, such as the additional payment made to staff who act as first aiders.

Interpreting/Translation

There are a number of commercial companies who can provide translation and interpreting services. Several councils and other public bodies use telephone translation services which can be used on landline phones for staff who are office based or on mobiles for staff such as building control or environmental health who are not office based.

One council provides interpreter support to elected members for meetings with ratepayers who speak minority languages.

Local translation and interpreting services include:

Department of Culture, Arts and Learning The Department of Culture, Arts and Learning can arrange, on behalf of other government departments and Agencies, translations into and from any language. However, only the Irish language translation service is security vetted and quality assured.

To have a document translated please contact the Northern Ireland Civil Service translation service, operated by the Department of Culture, Arts and Leisure by telephoning (028) 9025 8979 or by email to [email protected].

7 South Tyrone Empowerment Programme (STEP) STEP can provide translation and interpreting services. For further information  on translation services, phone 028 8772 9002  on interpreting services, phone 028 8775 0213 or through their website on www.stepni.org. There are useful guidelines on their website on working with an interpreter.

RNID RNID provide communication services in Northern Ireland including British and Irish Sign Language (BSL and ISL) interpreting, lipspeaking, notetaking and speech-to-text reporting. An interpreter can be booked by phoning 028 9033 1320. Further information is available on their website at http://www.rnid.org.uk/about/in_your_area/northern_ireland/services/communi cation_services/

Minority Ethnic Organisations A number of regional minority ethnic organisations offer translation services.

Universities Both Queens’ University and the University of Ulster offer translation services.

Other Sources of Information

There are other sources of information which councils should refer to:

 The Equality Commission for Northern Ireland publication “Employing Migrant Workers: A Good Practice Guide for Employers for Promoting Equality of Opportunity”

 The Border and Immigration Agency have issued “Comprehensive Guidance For Employers on Preventing Illegal Working, February 2008”. This Guidance document and other useful information is available from their website at www.bia.homeoffice.gov.uk.

 There is practical guidance on all aspects of employing migrant workers on the Business Link website at www.businesslink.gov.uk.

 The Health and Safety Executive produce a number of their health and safety information notes in minority languages, for example, “Your health, your safety: a guide for workers”. These can be downloaded from their website at www.hseni.gov.uk.

8 Appendix 1

Migrant Worker Awareness Training Core Training Session Content Overview

Core sessions are half days or could be extended into a full day. The first session is a core session and the second section can be tailored from a range of options.

Session 1: Core session: The Migrant Worker population and challenging prejudice

Learning Objectives  To be familiar with relevant terminology used in work around migrant workers  To be aware of the economic impact of inward migration  To be aware of the make up of the local migrant worker population  To develop skills to challenge anti-migrant worker racism and to be aware of information with which to do so

Exercise 1: Ice Breaker: Mapping (15 minutes) Group Work: In small groups learners are given a world & European map along with a grid of local national groupings of migrant workers and asked to locate countries as well as record languages and employment. This is followed by an interactive presentation on terminology and the impact of inward migration.

Exercise 2: Defining Racism (10 minutes) Interactive Presentation: Using a selection of definitions and evidence of racism in Northern Ireland, the group work towards an understanding of the concept of racism.

9 Exercise 3: Racist statements? (1hr) Group work and discussion: Learners are given fourteen genuine statements that contain comments persons have made about migrant workers and are asked to discuss and decide if they are racist. They relate to employment, economy, benefits, housing, services, alleged acts of deviance, labels and generalisations. The tutor presents factual information to inform the discussion and finishes by focusing on how untruths can inform racism and other prejudices, developing the skills to challenge such statements. Examples of press coverage are also shown.

Session 2: Menu of Options - Effective Communication (Language Quiz) - Issues in Translation - Case studies of racist incidents - Specific Barriers faced by Migrant Workers (Case studies) - Legislation, migrant worker rights/entitlements and support organisations - Human Resources and Employment related issues - Examining press coverage

Other options are also available.