Employment

 

In this section you will find information on the following topics:

Permission to work in the UK

To work in the UK you must have a full EU/EEA (European Economic Area) passport or National Identity card of one of the member states of the EU/EEA or Switzerland. Workers from the eight Accession (A8) countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) can access the UK labour market via the Worker Registration Scheme. This applies if:

Application forms and further information can be obtained from the Applications Forms Unit, telephone 08705 210 224 or visit www.ind.homeoffice.gov.uk or www.workingintheuk.gov.uk

Once you have been working legally in the UK for 12 months without a break you will have full rights of free movement and will no longer need to register on the Worker Registration scheme. You can then get a residence permit confirming your right to live and work in the UK.

For non EU countries
If you want to work in the United Kingdom, you should check that your status allows you to do so before taking up employment. Not everyone who comes to the UK is allowed to work. You can check if you are allowed to work by looking at the stamp in your passport. Examples of passport stamps can be found on the Immigration and Nationality Directorate website: www.ind.homeoffice.gov.uk.

Your status may only allow you to stay in the UK for a limited time. In some cases, when the time is finished, you cannot apply to stay longer. If you are eligible to extend your stay in the UK, you will need to make an application before your original permission ends. For further information please check: http://www.homeoffice.gov.uk/passports-and-immigration

How to find a job?
If you are looking for a job in Lincolnshire, many organisations list their job vacancies in the local paper or you could visit www.thisislincolnshire.co.uk or www.jobcentrevacancies.co.uk
Jobcentre Plus has a network of offices throughout the UK where computerised touchscreen points enable you to find information about jobs locally and nationally. In Lincolnshire you can find Jobcentre Plus in Lincoln, Boston, Sleaford, Spalding, Stamford, Grantham and Skegness visit www.jobcentreplus.gov.uk

It is not legal to charge you for the finding employment for you

If you are looking for a job, please check:

Conditions leading to employment

  • you need basic English, to fill the form, to understand the instruction;
  • documents (ID)
  • to proof your legality (visa)
  • to provide references (as recommendation) from two last employers. For some foreign workers that might be very hard. Try to provide references from your own country, from friends (English) or some other people who might know you.
  • Translate your documents, diplomas or certificates into English, and register to the specific bodies who might acknowledge your qualification. www.naric.org.uk

Note: for teachers and social workers there is a specific organization that checks persons qualification.

Gangmasters
Gangmasters employ workers often on a temporary basis. Gangmasters need to be licensed by the Gangmasters Licensing Authority (GLA) and have a responsibility to ensure you are treated fairly. They must continue to meet conditions to keep their licenses. If you are concerned that a labour provider is failing to meet standards or operating without a license you should contact the GLA on 0845 602 5020 between 9am and 5pm visit www.gla.gov.uk or crimestoppers on 0800 555 111

How do I apply for a National Insurance Number (NIN) or (NI)?

NIN is a personal number used to record a person’s NI contribution and as a reference number for the security system. You may ring telephone number 0845 600 0643. You will get a confirmation letter with the details and requirements for the interview. When you make the appointment, you will need to give this information:

  • your full name
  • date of birth
  • date of arrival in the UK
  • the name of your employer
  • your current address in the UK and anywhere else you have lived since arriving in the UK

Tell them if you can’t speak much English and will need an interpreter at the interview.

For more information about National Insurance look at www.inlandrevenue.gov.uk/nic/nino.htm and www.jobcentreplus.gov.uk 
http://www.dwp.gov.uk/lifeevent/benefits/ni_number.asp

Tax and National Insurance
Income tax and national insurance contributions are taken directly from your pay as soon as you earn more than the lower earnings limit. Anyone who is physically present in Britain for six months or more in any tax year is regarded as a resident for tax purposes. You should receive a pay slip from your employer which shows details of all the deductions that have been made. Everyone needs a national insurance number before they can start work or claim any benefits.

Your rights at work
Contract of employment

The terms and conditions of your employment need to be agreed between you and your employer. You should make sure you fully understand what is written in the contract before you sign it. It should include details of how and how often you will be paid and the conditions of your employment, including disciplinary procedures. Your employer could pay your wages straight into your bank account, or give them to you as a cheque or cash.

All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work.
You can find out more about your employment rights at:
www.dti.gov.uk/er/index.htm telephone 020 7215 5000 or
www.adviceguide.org.uk or call your local Citizens Advice Bureau

Things your employer should not do:

  • Should not keep your passport, they can take a copy of it for their
    records, but they must give it back to you
  • Should not take more than £30.10 per week (or £4.30 per day) of
    your pay for accommodation they provide for you, if they are paying
    you below the minimum wage, for further information contact
    National Minimum Wage helpline 0845 6000 678
  • Should not take money from your pay for food
  • If you work for an agency that is treating you badly and you think it might be breaking the law you can report it to the Gangmasters Licensing Authority on 0845 602 5020 or www.gla.gov.uk

Working Conditions
Most workers have a basic 37 or 40 hour working week with a minimum of 4 weeks annual holiday entitlement.
Your employer should give you rest breaks and put limits on your working hours.
You must have at least a 20 minute break if your shift is longer than 6 hours
You should have 11 consecutive hours not at work during a 24 hour period
You should not have to work more than 48 hours in a week, on average
You should get at least 1 day off a week, or two days off in every 2 weeks
You should have paid holiday leave. This should be 4 weeks per year, building up from your first day of work. This may include Bank
Holidays such as Christmas (25th December), but some employers give these as extras.

Some people are employed on a contract basis (also called piece work) – they are paid for the amount of work they do, not employed for a certain number of hours per week. The rules are different for this kind of work.
Help and advice can be found at www.dti.gov.uk/migrant-workers telephone 020 7215 5000, www.tuc.org/extras/workingintheuk or by contacting your local Citizens Advice Bureau

National Minimum Wage
There is a law in the UK that says that your employer should pay you
more than a certain amount for the work you do. This amount is called
the National Minimum Wage.
For people doing agricultural work, there are different minimum wages.
These are worked out for people of different ages and people doing
different types of work. They start at £5.35 per hour for a basic trainee
who is older than 18 (as at Oct 2007)
For people who do non agricultural work, this rate is £3.40 for people
under 18, £4.60 for people aged 18 – 21 and £5.52 for people aged
over 22. (as at Oct 2007)
If you are paid by piecework (a certain amount for every item you finish)
the National Minimum Wage is slightly different. Employers must make a fair assessment of how many pieces an average worker can complete in an hour, and pay them fairly for it.
For more information contact the National Minimum Wage helpline on
0845 6000 678 or visit www.dti.gov.uk/employment/pay/national-minimum-wage

Health and Safety
Your employer has a duty to make sure that you are safe at work. They
must make sure you have the right safety clothing, and are properly
protected within the workplace. They must also ensure that your place
of work is not a fire risk. There must be signs to tell you where to go if
there is a fire, and there should be fire extinguishers near by. You should be given proper instruction on how to use any equipment if you are required to do so.
What to do if you have an accident:

  • Ensure that the accident has been recorded e.g. in the ‘accident
    book’
  • Check if your contract states any information about sick or accident
    pay
  • If you encounter any problems with your employer, try to seek
    advice with the organizations listed below
  • If you notice any health hazards or safety problems at your
    workplace, inform your employer and ask for them to be dealt with
  • If you still have any problems, visit
    www.hse.gov.uk/riddor/online.htm or telephone
    0845 300 99 23 (the information is also available in different
    languages).

If there are health and safety problems at work, point them out to your employer or the employee safety representative, and ask for them to be dealt with. If this doesn’t happen, call the Health and Safety Executive
Infoline on 0845 345 0055 (open 8.00 am to 6.00 pm, Monday to
Friday)

Sick pay
In most cases, if you need time off because of an accident at work/illness, you’ll only have the right to statutory sick pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

Childcare
Children are protected under English law and it is your responsibility to
ensure that your children are safe and well cared for. Never leave young
children alone. If you need to leave your children, perhaps while you are
at work, choosing good quality childcare is very important.
You can find out about childcare from the Children’s Information Service
on 0800 195 1635

Children and Work
It is generally illegal in this country for anyone to work before they are
13 years old. Children aged 10 – 13 can do occasional light agricultural
work, if supervised by a parent. Young people aged 13 – 16 can do
‘light’ work, but not during school hours. There are strict limits on the
hours young people can work, and the type of work they can do. Their
employer has to get a permit from the Local Authority which must be
signed by the employer and the child’s parent or guardian. There is not
a minimum wage set for people younger than 16. For people aged 16
– 18 the minimum wage is £3.40 per hour. (Oct 2007)

Basic State PensionState Pension is paid to entitled people who claim it having reached State Pension age. It is based on National Insurance (NI) contributions and it is made up of different elements.State Pension ageThe State Pension age is currently 65 for men and 60 for women. The State Pension age for women will increase gradually from 2010, so that by 2020 it will be 65.


For more about the State Pension see the Pension Service website. http://www.thepensionservice.gov.uk
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/PensionsAndRetirement/StatePension/DG_10014671
http://www.dwp.gov.uk/

Enforcing rights at work

If you have a problem with your employer you should usually try to sort it out informally first. If this doesn't work, you should follow the special three-step grievance procedure which all employers are required to have by law. This means you must:

  1. send your employer a written statement, setting out your grievance, and give them at least 28 days to respond
  2. meet with your employer to discuss your grievance
  3. appeal against your employer's decision if you are not happy with it.

If you have followed this procedure and are still not happy with the outcome, you can take your case to an employment tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the employment tribunal may decide to reduce any compensation it awards you. There are some circumstances in which you do not have to follow the grievance procedure before taking your case to an employment tribunal. Employment tribunals (industrial tribunals in Northern Ireland) are legal bodies which deal with complaints about employment rights. A tribunal is made up of a legally qualified chairperson and two other people representing the employer’s and the employee’s sides of industry.

A tribunal can deal with problems on the following:

  • written statement of terms and conditions
  • maternity rights
  • holiday rights
  • itemised pay statement
  • unpaid wages
  • sex discrimination/equal pay
  • race discrimination
  • disability discrimination
  • discrimination because of sexual orientation
  • discrimination because of religion or belief
  • some health and safety problems
  • unfair dismissal and redundancy.

In England, Wales and Scotland, in some cases you will have to raise a written grievance with your employer before you can make a claim to an employment tribunal. If you complain to an employment tribunal (industrial tribunal in Northern Ireland) you may risk losing your job. There are time limits within which you must take a case to a tribunal. These vary but generally a claim for unfair dismissal/illegal deduction from wages/discrimination must be made within three months of the last day worked, or of the date of the last deduction or of the date of the discriminatory act. This time limit may be extended if you have raised a written grievance with your employer. A claim for redundancy pay must normally be made within six months of leaving the job. It is very important therefore that if you are considering making a claim to an employment tribunal (industrial tribunal in Northern Ireland) you should get help from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau.

Remember: Your employer does not have the right to keep your passport or identity documents – it is enough for them to make copies for their records.

Trade Unions
British trade unions have a good record in representing migrant workers
and campaigning on their behalf. There are many different unions
covering all occupations and industries. The Trades Union Congress
(TUC) represents all the trade unions and they can give advice on which
union to join. Workers join unions so they can speak with one voice and
can get support if they have a problem at work.
Unions can provide help with learning and skills training at work including English courses. Unions charge a subscription, usually weekly with varying amounts.

An employee has the right to join a trade union, and should not be refused a job, dismissed, harassed or selected for redundancy because they are a member of or wish to join a trade union. For information about which union to join, look on the union finder page of the TUC's website at www.worksmart.org.uk.

Different Unions
UFW – for people who work in the agricultural industry
Unison – for people who work in public services
Amicus – for people who work in manufacturing, finance, health, printing
and publishing
TGWU – for people who work in transport, food & drink, hotels and manufacturing
GMB – for people who work in manufacturing, food & drink, tourism and public services
UCATT – for people who work in construction
USDAW – for people who work in food & drink, shops and distribution
For more information on unions contact midlands@tuc.org.uk
telephone 0121 236 4454
 

Sectors based scheme

The sectors based scheme (SBS) allows workers from outside the European Economic Area (EEA) to enter the United Kingdom to take short-term or casual jobs. The SBS covers work in low skilled jobs within food manufacturing industries (meat and fish processing and mushroom production only). Applications for the SBS are subject to charge.

What is the Seasonal Agricultural Workers' Scheme?

Seasonal Agricultural Workers Scheme has existed for a long time. It is a scheme which allows seasonal agricultural workers from other countries to come and work in the UK for a limited period of time, particularly during the planting and harvesting seasons.

To qualify to work in the United Kingdom under the SAWS you must:

 

List of SAWS Operators

Concordia Ltd (YSV) - recruits on behalf of farmers throughout the UK
2nd floor, Heversham House,20-22 Boundary Rd, Hove, Sussex, BN3 4ET.
Tel: 01273 422293 Fax:01273 422443
Email:
info@concordia-ysv.org.uk
Website: www.concordiafarms.org
From 1.1.06 19 North St, Portslade, East Sussex BN41 1DH

HOPS Labour Solutions recruits on behalf of farmers throughout the UK
YFC Centre, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2LG
Tel: 02476 857210 Fax: 02476 857205
Email:
hopsgb@nfyfc.org.uk

Friday Bridge International Farm Camp - recruits on behalf of farmers in the North Cambridgeshire area only
March Rd, Friday Bridge, Wisbech, Cambs, PE14 0LR
Tel: 01945 860255 Fax: 01945 861088
Email:
fbifc-contact@hotmail.com

Sastak Ltd - recruits on behalf of farmers in the Shropshire & Staffordshire areas only
1-7 BDC, Long Lane, Craven Arms, Shropshire, SY7 8DU
Tel: 01588 673636 Fax: 01588 672205
Email:
saws@sastak.com

Barway Services Ltd - recruits to meet their own demand for seasonal labour
Barway, Ely, Cambridgeshire, CB7 5TZ
Tel: 01353 727314 Fax: 01353 727255
Email:
hostel@gs-marketing.com
Websites: www.gs-marketing.comor www.gs-recruitment.com

Haygrove Ltd - recruits to meet their own demand for seasonal labour only
Redbank, Ledbury, Hereford, HR8 2JL
Tel: 01531 633659 Fax: 01531 635969
Email:
students@haygrove.co.uk
Website: www.haygrove.co.uk

R&J M Place Ltd (International Farm Camp) - recruits to meet their own demand for seasonal labour only
Church Farm, Tunstead, Norwich, Norfolk, NR12 8RQ
Tel: 01692 536337 Fax: 01692 535493
Email:
info@ifctunstead.co.uk
Website: www.ifctunstead.co.uk

S&A Produce (UK) Ltd - recruits to meet their own demand for seasonal labour only
Brook Farm, Marden, Hereford, HR1 3ET
Tel: 01432 880235 Fax: 01432 880644
Email:
student@sagroup.co.uk
Website: www.sagroup.co.uk

Wilkin & Sons Ltd (International Farm Camp) - recruits to meet their own demand for seasonal labour only
Hall Rd,Tiptree,Colchester,Essex,CO5 0RF
Tel: 01621 815496 Fax: 01621 814555
Email:
ifc@tiptree.com
Website: www.fruit-pickers.com

 

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