Tag Archives: Katie Bales

‘Paid work’ or underpaid labour? The labour exploitation of detainees within immigration detention

By Dr Katie Bales, Lecturer in Law (University of Bristol Law School) and Dr Lucy Mayblin, Assistant Professor in Sociology (Department of Sociology, Warwick University).*

© Chloe Juyon

In June 2017, ten immigration detainees launched a judicial review action against the Home Office challenging the payment of ‘slave’ like wages for labour undertaken within immigration detention.

This practice, termed ‘paid work’ by the Government, is remunerated at a rate of £1.00 or £1.25 per hour and includes work as cleaners, cooks, hairdressers, gym orderlies and gardeners – roles that are essential to the running of the immigration removal centres. In 2014 this practice resulted in 44,832 hours’ worth of work.

In this blog, we argue that this work is exploitative and ‘unfree’. In recognition that many detainees wish to work however, we do not call for an end to this practice; rather we highlight the structural conditions that render detainees more likely to accept exploitative conditions of work (including but not restricted to low pay), and argue that, at the very least, detainees should be provided with the national minimum wage. Continue reading

Immigration enforcement in the Byron aftermath: The legal limits of what can be required from employers

By Dr Katie Bales, Lecturer in Law (University of Bristol Law School).*

36b0c79400000578-3714197-image-a-24_1469780776407In July 2016 the Byron hamburger chain colluded with Home Office officials in setting up immigration raids on their workforce which resulted in the arrest and detention of 35 of their workers. Following mass protests over their actions, Byron released a statement declaring that the firm ‘was unaware that any of our workers were in possession of counterfeit documentation’. Despite the fact that ‘vigorous right to work checks were carried out’, Byron claimed that ‘sophisticated counterfeit documentation was used’ by the workers meaning Byron had no idea that those individuals were without the right to work. Byron also claimed that they were under a ‘legal obligation’ to cooperate with the Home Office, suggesting that cooperation with Immigration enforcement was mandatory as opposed to voluntary.

A recent report from Corporate Watch indicates that this type of collusion is not uncommon as immigration enforcement officials often use financial sanctions as a threat to coerce employers into helping with their investigative and arrest operations. The financial sanction referred to exists in the form of a ‘civil penalty’ which stands at £20,000 per worker that is found to be working ‘illegally’ without the right to work. Discounts are made however where employers cooperate with the Home Office. A £5,000 discount will be made for example, where employers report workers and a further £5,000 for active cooperation, a full list of these discounts can be found in the Home Office code of practice on the civil penalty scheme for workers.

The questions raised by the Byron press release and the further report from Corporate Watch concern the extent of the legal obligations placed upon employers in terms of immigration enforcement. Are employers legally obliged to set up ‘arrest by appointment’ meetings for staff for example? And do any of the legal obligations owed to employees or workers conflict with those related to immigration enforcement? Continue reading