Presentation given at the Migrating out of Poverty Conference in 2017.

1. Titel van dia
14-4-2017 | 1
1
London, March 2017
Migrating out of poverty: From evidence to policy
Immigration Act 2016: tackling precarious
employment in the UK
Amy Weatherburn
Fundamental Rights & Constitutionalism Research Group
Vrije Universiteit Brussel

2. Titel van dia
14-4-2017 | 2
2
Overview
1. Precarious employment in the UK
2. The Immigration Act 2016: A firewall between immigration & labour market
enforcement
3. Securing the economic welfare of migrant workers
4. Reducing the precarity of migrant workers: the “right to non-exploitative work”
5. Concluding remarks

3. Titel van dia
14-4-2017 | 3
3
1. Precarious employment in the UK
Precarity
Labour market
insecurity
Non-standard work
practices
• Bogus self employment
• Zero hours contracts
Exploitation of EU
migrant workers
• 65% in EU
• 631 EU citizens in UK
NRM
Risk factors
• Social isolation &
dependence on employer
• Willingness to accept
poor working conditions
• Lack of monitoring &
workplace inspection

4. Titel van dia
14-4-2017 | 4
4
2. The Immigration Act 2016: A firewall between immigration &
labour market enforcement?
“to tackle illegal immigration by
making it harder to live and work
illegally in the United Kingdom. The
intention is that without access to
work, illegal migrants will depart
voluntarily, but where they do not,
the Bill contains other measures to
support enforced removals.”
“improve[s] the effectiveness of the
enforcement of certain
employment rights to prevent
non-compliance and the
exploitation of vulnerable
workers, via an intelligence-led,
targeted approach [and] give[s]
labour market enforcement bodies
new tools to tackle rogue businesses
prepared to exploit their workers”

5. Titel van dia
14-4-2017 | 5
5
Immigration enforcement
Illegal working offences
• Section 34: Offence of illegal working
• Section 35: Offence of employing illegal
worker
Restricted access to services
• Housing (Ss39-42)
• Driving (Ss43-44)
• Financial services (S45)
Section 39: Offence of leasing premises
“where landlords or agents know or have
reasonable cause to believe that the
premises are occupied by a
tenant who has been disqualified as a
result of their immigration status from
occupying premises under a residential
tenancy agreement” Maximum 5 years
imprisonment
Impact:
Increased dependence on employer
• provision of accommodation
• Indebted
Proportionate measure?

6. Titel van dia
14-4-2017 | 6
6
Labour market enforcement
Crackdown on worker exploitation
• Director of Labour Market Enforcement
(Ss1-9)
• Gangmasters Labour Abuse Authority
(Ss10-13)
But: arms length operation guaranteed?
• Oversight by Home Secretary
• Collaboration with immigration
enforcement
• Lack of clarity regarding mandate
Promising practice:
Collaboration between Director of Labour
Market Enforcement and Independent Anti-
Slavery Commissioner
collaboration and joint-working with the
Director of Labour Market Enforcement
and the GLAA to provide assurance to
potential “victims of modern slavery
[who] often do not trust the authorities
and are fearful of immigration
repercussions once they come forward.”
Independent Anti-Slavery Commissioner
Annual Report 2015-16, p. 43

7. Titel van dia
14-4-2017 | 7
7
3. Securing the economic welfare of migrant workers
Lack of
economic
security
Non-
payment of
wages
Debt-
bondage
No
alternative
or exit
strategy
Vulnerability
sustained

8. Titel van dia
14-4-2017 | 8
8
3. Securing the economic welfare of migrant workers
Lack of
economic
security
Non-
payment of
wages
Debt-
bondage
Access to
redress
Economic
security

9. Titel van dia
14-4-2017 | 9
9
Back pay & minimum wage enforcement
Pre-Immigration Act 2016: Informal intervention
• Role of GLA in securing back-pay – 2013-2017
Post Immigration Act 2016: a double edged sword?
• Sections 14-17, labour market enforcement orders and undertakings
• Criminal conviction – maximum 2 years
• 200% arrears owed to workers – deterrent?
• Section 48, seizure and retention in relation to offences
• Seizure of wages as proceeds of crime
• Limited effectiveness? Violation of right to peaceful enjoyment of possessions
• Proportionality? Confiscation of wages of low income migrant workers & unlimited
fine & imposition of 6 month sentence

10. Titel van dia
14-4-2017 | 10
10
Access to redress & compensation: using trafficking redress mechanisms
Obligation providing victims of human trafficking with adequate financial support and
assistance offences (Article 15 COE Convention, Article 17 EU Trafficking Directive, Article
16 EU Victims Directive)
Importance of access to compensation in achieving positive long-term outcomes for
survivors of human trafficking and securing “avenues for victims to receive reparation and
compensation.” (UK Modern Slavery Strategy 2015 )
• Slavery and Trafficking Reparation Orders (Ss 8-10 Modern Slavery Act 2015) – BUT
only successful prosecutions
• Criminal Injuries Compensation Authority (CICA) – BUT only violent crimes
• Employment Tribunals – BUT 2 year limit on complaints

11. Titel van dia
14-4-2017 | 11
11
4. Reducing the precarity of migrant workers
The right to non-exploitative work (Mantouvalou, 2015)
 Substandard working conditions (i.e. precarity) must not become the norm
 EU Member States must secure the rights of EU migrant workers to freely reside and
work in the territory of other EU Member States (Article 21, Treaty of Lisbon)
 National legal and policy frameworks must not make migrant workers more vulnerable to
exploitation
 Role of new Director and newly named GLAA to raise awareness, collaborate with other
EU member states, Independent Anti-Slavery Commissioner

12. Titel van dia
14-4-2017 | 12
12
5. Concluding remarks
 Immigration enforcement does not trump the protection of vulnerable persons to
exploitation, including (potential) human trafficking victims
 Labour market enforcement bodies must work “at arms length” from immigration
enforcement bodies
 Securing access to justice will secure social welfare of migrant workers & send message
of non-tolerance of exploitation
 States must guarantee in law & enforce the “right to non-exploitative work”

13. Titel van dia
14-4-2017 | 13
13
Thank you
Any Questions?
amy.weatherburn@vub.ac.be