The Guardian revealed yesterday (20 August) that The Royal College of Nursing (RCN) reported an increase in the number of care workers who contacted them to say their employer was demanding large sums of money if they left their job.
Employers should ensure that migrant workers understand the terms of their contracts, Kelly Tucker, founder of consultancy HR Star, explained.
"A simple but critical step is for employers to ensure that all contracts adhere to local employment laws, clearly outlining employment terms, pay, and benefits," she told HR magazine.
"Regularly reviewing recruitment practices and contract terms, and collaborating with ethically accredited recruitment agencies can also help businesses avoid adopting the wrong practices. Additionally, providing candidates with job offers in their native language helps to ensure that they fully understand the terms before accepting."
According to RCN, employers were demanding large sums of money for “hiring fees” when they tried to leave their jobs. The Guardian illustrated one case where a care worker wanted to leave their job due to severe bullying and harassment, and was ordered to pay £10,000.
Another case saw a worker who faced racial abuse and assault being asked to repay £3,000.
Read more: UK work immigration changes: What HR needs to know
Migrant workers should not be made responsible for hiring fees, commented Vanessa Ganguin, founder of Vanessa Ganguin Immigration Law.
Speaking to HR magazine, she said: “The Immigration Skills Charge shouldn’t be passed onto the worker. There are strong arguments that other sponsorship costs are the employer’s responsibility as part of the operation of their licence.”
Employers can legally claim back their visa application fee if workers end their employment early, Ganguin noted, but this should not happen when the termination is out of the employee's control.
She continued: “This may be done in a proportionate way where the amount to be repaid decreases over time, since the employer will have had the benefit of that employee in the meantime.
“There may also be situations where clawback isn’t appropriate. For example, if a person is made redundant due to no fault of their own, or if there are issues such as bullying or harassment.”
Employers should also ensure that the recruitment agencies they employ to hire migrant workers do not demand additional fees from employees, Ganguin added.
“If employers use agents they should carry out due diligence: only use reputable ones; review their recruitment processes and terms; speak to applicants directly about the agents and the fees and terms they demand,” she continued.
Read more: Overseas worker visa applications drop by a third
The number of overseas workers and students applying for UK visas fell by 35% between January and July 2024 compared with the same time last year, statistics from the Home Office released.
Applications for the health and social care visa dropped by 82% in July 2024 compared with July 2023. This followed tightened immigration measures implemented by Rishi Sunak's government in March of this year.
Nicola Ranger, RCN general secretary, commented: “Sadly, we know the surge in exploitation cases being reported to the RCN is only the tip of the iceberg. Migrant workers are routinely intimidated and left fearful of speaking out, even having their passports withheld. They are also much less likely to be members of trade unions.”
HR professionals should regularly review the working conditions of migrant workers, to ensure they match those of domestic workers, Tucker added.
"It's always important for employers to regularly assess and improve workplace safety, ensuring compliance with occupational health and safety laws," she continued.
"Part of this is ensuring that migrant workers have the same rights, benefits, and opportunities as domestic employees. Where needed, providing access to language assistance, legal support, and a confidential grievance mechanism to address any concern can also help to avoid small issues escalating.
"Offering training to both management and staff on cultural sensitivity and the unique challenges faced by migrant workers can also enhance the support offered and help them feel more included."
