Migrant domestic workers: employment
rights vs. immigration restrictions
Nick Clark and Leena Kumarappan
1
Our Project :
Migrant domestic workers’ employment rights in Britain
Funded by the Nuffield Foundation
2
Background: migrant domestic workers





pre-1998 : could come to UK with specific employer - no
route to settlement (Indefinite Leave to Remain).
Leaving abusive employer → undocumented
Long campaign (TGWU, Kalayaan & others)
1998 provisions changed by New Labour - could change
employer (not workers in diplomatic households) + route to
settlement.
Since 2002: provisions part of “immigration rules”.
3
UKBA procedures
Overseas Domestic Worker Visa (max 12 mths):
• 18-65 , employed as a domestic worker for min. one year
prior to application “under the same roof” as employer
• travel to UK in company of employer, or employer's family
member(s)
• work full time as a domestic worker only
• no recourse to public funds
4
UKBA procedures

evidence required from employers :
– written confirmation of terms and conditions of
employment (model form available to be signed by worker &
employer)
– undertaking to accommodate and maintain employee
in the UK
– statement indicating compliance with minimum wage
(but visa applications cannot be refused if they do not respond)
5
UKBA procedures

To change employers:
– Notify UKBA with reasons
– terms & conditions, commitments from new employer

Renewal
– Repeat process (valid for up to 12 months)
6
Organisation & support

Kalayaan
– established in 1987
– now a charity (Barrow Cadbury, Big Lottery)

Unite (TGWU)
– organising domestic workers (International
Hotel & Catering branch)

Justice for Domestic Workers (J4DW)
–
–
–
–
self-organised
set up in 2009
campaigning & organising
ESOL, IT (via Unite), employment rights and mutual support
7
Enforcement routes

NMWI - excl. worker treated as part of family (provision of
accommodation, meals and sharing of tasks and leisure activities).

HSE - excl. domestic households, and WTR in respect of breaks &
hols

UKBA - no checks, inspections or notification of enforcement
agencies
ET – for employees, limited enforcement powers (lawful contract)
 County Court – employer must be in UK (lawful contract)
 Anti trafficking – lack of redress (Kawogo case)
 Forced labour – s71 Coroners & Justice Act 2009 (1/4/10)

8
Method
•Seek written terms and conditions of employment –
either from the workers where they have them, or
from the UKBA through Subject Access Requests.
•Analysis of reported terms and conditions of
employment through Unite Migrant Domestic Worker
terms and conditions of work survey
•Semi-structured interviews with about 30 workers to
investigate the actual conditions of employment
9
Through the semi-structured interviews we explore:
•Previous awareness of the statement given to UKBA;
•Actual pay and conditions (and supporting
documentation such as pay slips, where provided);
•Awareness of their employment rights;
•Awareness of the possible means of enforcing those
rights;
•Views on using the various means of enforcement of
rights.
10
Contracts retrieved from UKBA
(n=64)
11
Data from UNITE survey
Calculated hourly pay with and without a written contract (n = 56)
12
Data from UNITE survey
Calculated hourly pay with and without a payslip (n = 54)
13
Interviews
“I have been fighting, not for money, but for
dignity”
Female, Filipina, 30-39
“I said: I am legal in this country - you are not
the only employer”
Female, Filipina, 30-39
14
“Sometimes I feel upset about my salary, but
I did not demand about that because I have
a part-time job. It can cover my – I can get
more than the £800 that they pay me. I
work ten hours.”
Female, Filipina, 50-59
15
“she started to move all the nanny’s job to
me – ‘you have to do this, you to do this’
and it was a short time for my visa and I
said what can I do – just to keep quiet.”
Female, Moroccan, 40-49
16
“[I work] 11 hours a day ... five and a half days,
that’s 61 hours a week. [contract says 40
hours] I just agree with that one, you know,
because I don’t have any choice, I don’t want
to tell anything, you know. Because that’s
the thing they want.”
Female, Filipina, 30-39
17
Conclusions & prospects






going rate and labour markets
payslips as indicator of exploitation
state knowledge of unlawful behaviour
manufacture of unlawful contracts by immigration rules
value of written terms and conditions
future of Overseas Domestic Worker visa
18