What Is the New Government’s Single Enforcement Body and Why Does It Matter to You as a Care Worker?
We highlight Focus on Labour Exploitation (FLEX)'s Briefing in our latest blog. The creation of a Single Enforcement Body, the new Government's commitment, is critical in reducing the risks of labour exploitation facing many workers from our communities. We are going to talk about the following 4 points in the blog:
What is a Single Enforcement Body (SEB)?
What are the problems facing overseas care workers in the current labour enforcement structure?
How can SEB reduce those risks?
How can SEB be better to ensure its role and function?
What is a Single Enforcement Body (SEB)?
A Single Enforcement Body merges some or all of the six labour-related governmental agencies and addresses the illegal behaviour by employers from non-payment of wages and unfair dismissal to forced labour and modern slavery.
The consultation to establish a Single Enforcement Body (SEB) was documented in the policy paper Good Work Plan in 2019 but the manifesto wasn’t delivered. The Labour Party pledged to create a single agency in its 2024 manifesto and has confirmed that they are moving towards a "Fair Work Agency" which combines three enforcement agencies.
What Are the Risks Facing Overseas Care Workers?
The Briefing points out the risks of labour exploitation in the UK care industry. While care workers continue to receive low pay and thus have less leverage power, care workers on the Health & Care Worker Visa (H&CWV) face additional challenges for multiple reasons. The research found that overseas workers are charged with illegal and extortionate recruitment fees by recruiting agencies in countries of origin and/or UK employers (FLEX, 2024). In some cases, workers are required to pay back costs that the employer has invested in their recruitment if they decide to leave (McAnea, 2023). Both can be as high as more than ten thousand pounds and lead to debt bondage, whereby a worker can lead to debt bondage, whereby somebody is working for little to no pay until the debt is repaid and is unable to leave an exploitative employment situation due to that debt.
Care visa is tied to employers, meaning workers rely on their employers for work and the right to stay in the UK. Although the practice is not limited to care workers, they are posed with higher risks of being trapped in abusive employment conditions and fearful of raising complaints taking into account their financial status.
How Can Seb Reduce Those Risks?
A SEB is introduced to tackle the fragmentation of current enforcement power. Currently, the responsibilities of labour market enforcement are assigned among 6 under-resourcing agencies without sufficient clarity. The structure brings confusion for workers regarding which agency is responsible for their issues and amounts to deterrence to seeking assistance.
Labour enforcement by a single agency can be more efficient in addressing multiple issues in one workplace systematically when one breach presents, as is often the case pointed out in the FLEX's research. Efficient enforcement also implies stronger monitoring power, more immediate and proactive interference in exploitative situations and better clarity in providing the exact help needed.
How Can Seb Be Better to Ensure Its Role and Function?
We echo FLEX's recommendations in ensuring SEB's role and function.
First of all, a SEB should never carry out joint inspections with immigration enforcement, as stressed by FLEX, as it erodes trust and puts workers off from reporting violations. "A secure reporting system where, regardless of immigration status, workers feel safe and able to report abuse or exploitation, is fundamental for any labour market inspectorates to be able to effectively fulfil their function", emphasised the Brief.
Also, drawn from our experience, we call for the imposition or procedural punishment on companies breaching employment law.
The Brief furthermore advocates for the incorporation of local knowledge and experience from charities, experts and, most critically, workers with views on the ground.