Critical Analysis of British Immigration Law and Policy
| ← Gun Control | Woman Child Trafficking → |
In 2009, announcement that the nearly one year old global economic crisis had resulted in downturn cuts of foreign worker jobs, the United Kingdom braced itself for a recession that would significantly reduce the number of UK jobs being offered to workers immigrating from outside the EU (BBC 2009). Reported number of reductions to the universal sector skills shortage list was 200,000 more jobs, from 700,000 to approximately 500,000 new open jobs offered to workers (Migration Advisory Council 2009).
Recommendations to limitations according to segment in some areas typically sought after by foreign workers such as construction and engineering, resulted in a ‘zero’ open announcement protocol. Those precepts also inform the application and enforcement of immigration policy in the UK. In accordance with the new restrictions, rules on advertised jobs stated that vacancy notices must be posted to UK nationals exclusively for two weeks prior to notice abroad; with increase to one month shortly post this period (BBC 2009).
The UK has a points-based immigration system where a quota of vacancies may be posted to recruit foreign nationals. Stipulations to the system include compliance with recruitment of ‘skilled’ labour, and extension of those contracts to non-EU member workers only where an EU citizen is unavailable to fill the post. Where the job is classified as ‘shortage occupation’ skilled foreign workers may still be recruited as priority if required.
Instigated by the worldwide recession, this transformation in British labour policy, and particularly in regions and sectors hardest hit by contractions to capital has had serious impacts on migrants residing in the UK. Even agricultural, domestic labour and fishing employment slots traditionally filled by some or almost exclusively immigrant workers are now part of new competitive focus within legislative assessments of foreign labour and its future in country. The relationship between migrant labour, the development of legislative policy and current resolutions within UK employment laws source query in the entrance of human rights legislation into the discussion, where EU policies on migrants with special status as workers are exposed to a number of violations regarding contract, compensation and treatment.
According to the National Minimum Wages Act 1998, all workers in the UK are to be paid at least the national minimum wage. Qualification of worker status under British law articulates quite simply that the party is: (a) is a worker; (b) is working, or ordinarily works, in the United Kingdom under his contract; and(c) has ceased to be of compulsory school age (OPSI 1998). To this end, laws put forth by the Secretary of State, and extra-government bodies such as the Migration Advisory Council affect interpretation of policy on ‘Special classes of persons’ as in home workers which constitute a significant sector of domestic workers in the UK, and also where those parties might be exempt to standard rules on enumeration; and even labour law protections as stipulated elsewhere (i.e. agriculture). This includes review of The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009 (OPSI 2009).
Where preemptive legislation such as the Employment Act 1996 and other relevant policy affecting Migrant domestic workers rights in the UK is pertinent to the proposed project is in the area of labour complaints. According to Section 34 of the Act, complaints by employees that an employer has failed to pay the whole or any part of the guarantee to which the worker is entitled, must be presented in the employment tribunal: ‘(a)before the end of the period of three months beginning with that day, or (b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months’ (OPSI 2009).
In cases where complaint is found to be justified under this section, remedy ordered in compensation for damages sustained in regard to the amount of guaranteed payment may be sustained where ‘wages’ are considered. Wages according to UK employment law are defined by a number of compensatory mechanisms which include: ‘(a)any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise, (b)statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, (c)statutory maternity pay under Part XII of that Act, (ca)statutory paternity pay under Part 12ZA of that Act, (cb)statutory adoption pay under Part 12ZB of that Act, and (d)a guarantee payment ( section 28)’ (OPSI 1996).
Other conditions support any payment for time off, which may be related to medical grounds or trade union participation. Ambiguity leaves a number of other rule elements open to interpretation by the tribunal, yet the existence of stipulations such as ‘gross amount’ and ‘advance under agreement for a loan’ may put a migrant worker at a detriment where rights and responsibilities to contractual agreements where there is not a legal writing, and especially where the administration of loan payments and taxes on ‘behalf of the worker’ complicates access to said monies.
Discriminatory issues where migrant workers are subject to breach of contract or uneven distribution in promised wages, are covered in the Immigration, Asylum and Nationality Act 2006 (OPSI 2006). Section 23, the Discrimination: code of practice states that the ‘(1)The Secretary of State shall issue a code of practice specifying what an employer should or should not do.’ Relevant to this discussion is the grey area in British law consistent with the UK’s national constitution, where ‘unwritten rules’ are defined by the order of the day, and this includes instances where an employer may avoid liability to a penalty under section 15; and in the process avoiding contravening, or commission of an offence (section 21).
Framework to judicial decision on immigration policy where discrimination has taken place on the job or otherwise, under Section 23 the UK’s race relation acts are considered: (a) the Race Relations Act 1976 (c. 74), (b) the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6); with consultation to the (i) the Commission for Equality and Human Rights, and (ii) the Equality Commission for Northern Ireland (OPSI 2006). Damages in this case are paid in monies to the court respective to the Act’s rules on restitution.
Penalties under the 2006 Act are proposed where such discrimination has taken place, but more often where violation of UK law pertaining to the employment of foreign nationals have not been granted leave to enter or remain in the United Kingdom. In related protections clauses mentioned in regard to the full rights of migrant residents is expressed in The Human Rights Act of 1998 which came into effect on October 2, 2000 in the UK; incorporating the European Convention on Human Rights (ECHR) in advancement of standing national legislation of over fifty years. In accordance with existing UK derogations and reservations to the Act (section 2) the nation’s courts and tribunals take into account judgments, decisions, opinions and declarations ex appropriate to the ECHR. Restrictions to application of the ECHR Convention (Article 13) in international legislation remain discretionary in the UK, where special derogation to ‘an effective remedy for breaches’ evolves by way of judicial decision.
|
Phil E.
South Hadley, MA
|
|
|
So often, when one deals with customer service, he or she is treated rudely. That was not the case with EssaysEmpire.com. The agents were helpful and friendly, knowledable and concerned. I, for one, was astounded with their competence. When it came down to the actual written material that I ordered, it was much better than I had anticipated. There are clearly some expert writers who work for EssaysEmpire.com. I would rate this writing service as exceptional, 5 stars out of 5 stars. I will happily return when I need help with another written work. |
||
|
Rob B.
Tulsa, OK
|
|
|
I needed APA formatting, EssaysEmpire.com’s writers gave me APA formatting. I needed 2000 words. EssaysEmpire.com’s writers gave me 2000 words. I needed an A+ on my paper to bring up my GPA. EssaysEmpire.com gave me a paper that got an A+. I am a happy person, thanks to EssaysEmpire.com! |
||
|
Anne A.
Cambridge, MA
|
|
|
You dudes are awesome! Wow! I can’t believe I got an A+ on my paper! At best, I expected a B or C! |
||
|
Grace T.
Purcell, OK
|
|
|
Thank you for assuring that only the best writers work for you. It doesn’t matter which writer has been assigned to my projects since I started using your services. Every time I get a paper written, it is perfect. |
||
|
Philipa W.
Rome, ITALY
|
|
|
The paper that your writers did for me on the topic of, The Psychological Effects of Fluorescent Lighting in the Workplace,” was right on the money! They included my long list of customizations and did not charge extra for them. The formatting was just right. There were no grammatical errors. The length was what it was supposed to be. I am so happy that I chose to let the EssaysEmpire.com writers take care of my paper for me. I will choose this writing service again without hesitation. |
||
|
Gaia W.
Lexington, OK
|
|
|
EssaysEmpire.com gets an A+ for being the best writing service a student could ever ask for! Thank you for your continued high quality work, guys. I have purchased 6 papers from you over the last two years and they have been exquisite in their workmanship and content. I really appreciate how hard you guys work to please your customers. I’m not surprised that you are reported to be the best writing company online or off. To me, you are exactly that. |
||
|
Willow P.
Park City, UT
|
|
|
You guys do top-notch work. Time after time, I have had to rely on your help and I can say honestly that you have never let me down. Thank you so much for coming through for me every time. I am not a good writer. I try. I study hard, but when I need help, you are always there to give it to me at an affordable price. |
||
|
Jeff M.
Baltimore, MD
|
|
|
I would like to commend your excellent writers for a job well done. They followed my directions to a tee. Thank you, EssaysEmpire.com for being who you are and for doing what you do. There is no better writing service anywhere. |
||
|
Bruce B.
Purcell, OK
|
|
|
I had a hard time articulating what my professor wanted, so I was able to speak straight to my writer. After I had explained a little bit, I could tell he understood everything. He then took the ball and ran with it, so to speak. He wrote my paper in two days and it was the picture of perfection! I am very grateful that he knew what to do and how to do it so perfectly. |
||
|
Billie N.
Atlanta, GA
|
|
|
EssaysEmpire.com is the only writing company that I can trust with my important writing projects. I have learned that I can count on your quality and ability without fail. Thank you, EssaysEmpire.com, for only hiring the best writers. I wouldn’t dream of using any other writing service. |
||
|
Doreen A.
Malibu, CA
|
|
|
Due to a family emergency, I was unable to complete a very important paper. Thanks to EssaysEmpire.com, I was able to hand in a well written paper and not sacrifice my grade. I will be forever grateful to your writing service for providing such outstanding work. Thank you so much. |
||
|
Hannah B.
Tulsa, OK
|
|
|
I am happy. I am happy because I got an A+ on my research paper. I did this by hiring the professional writers at EssaysEmpire.com to write it for me. It was everything I had hoped it would be. Thanks, EssaysEmpire.com! |
||
|
Sharon Q.
Lexington, OK
|
|
|
Working with your writers is always such a pleasure. Thanks again. |
||
|
Thomas C.
Louisville, KY
|
|
|
I loved the paper that your writers helped me with. They wrote from a very interesting perspective that I had never even considered. My teacher was happy with the work, and so was I. Thank you very much. |
||
|
Ren B.
Sparks, NV
|
|
|
I ordered two papers from you at once. Both of them had strict deadlines and not that much time left. Your writers managed to get both papers to me on time, and both of them received high marks. I am so happy about this! |
||
|
Patti F.
Boulder, CO
|
|
|
I have complete confidence in the quality of the work that I order from your writing service. You have always been the prime example of what a writing service should be. |
||
|
Nancy T.
Little Rock, AR
|
|
|
The quality of the work produced by your professional writers is second to none. No wonder you have the reputation for being the best writing service online! You certainly met up to all of my expectations! You’re the best, for sure. |
||
|
Kris K.
San Francisco, CA
|
|
|
I would like to say thanks to writer #48376 for doing such an astonishing job on my paper. I really gave him very little to go on. Still, he was able to do the research and come up with a champion paper for me. I am speechless. I didn’t expect anything nearly this good. |
||
|
Nancy B.
Lawrence, KS
|
|
|
I accidentally read the wrong chapters for my history assignment. Therefore, when it came down to the wire and I needed to hand in my history paper, I had to reach out for help very quickly. Your writers were able to put something together for me so fast! I couldn’t believe it! I handed the paper in and got a very high score on it. I was stunned! Thank you so much for your help! |
||
|
Mike G.
Rochester, NY
|
|
|
Your writing service is different from other writing services. Yours is the only one I have ever dealt with that I can truthfully say is legitimate. The staff is very professional. The writers are the best in the business. I am pleased with the results of my last three orders and plan to return for more soon. |
||
