In February 2005, the UK implemented the European Council Directive 2003/9/EC of 27 January 2003, commonly known as the Reception Directive. This allows asylum seekers to apply for permission to work, if they have not received an initial decision on their asylum claim from the Home Office after twelve months and the delay cannot be attributed to them. Training opportunities are also restricted to those that do not involve paid or unpaid employment.
The Home Office is addressing the large backlog of unresolved asylum claims and initial decisions are being made quicker. But there are still a significant number of claims waiting for a final decision. In addition, about a fifth of asylum appeals are successful.
Access to education, work and training opportunities is vital to help asylum seekers and refugees rebuild their lives, use their skills and talents, contribute to the host country and integrate into society. If they are excluded from opportunities, they can easily find themselves at the margins of society and become dependent on long-term assistance from the state.
Barriers to employment
Unemployment among refugees continues to be high, despite the high level of skills and qualifications that many have brought with them. This is mainly due to the considerable barriers that refugees face when trying to tap into the UK labour market.
Refugees themselves often cite the following difficulties they encounter when trying to find work:
- Written and spoken English
- Employer confusion over entitlement to work
- Lack of relevant training or UK work experience
- Non-recognition of overseas qualifications
- Unfamiliar job-search culture
- Negative public attitudes
- Direct and indirect discrimination
- Limited access to childcare
- Difficulty opening a bank account
Inadequate written and spoken English
At the time they are given permission to stay in the UK, many refugees don’t have sufficient knowledge of spoken and written English to work. This is a barrier shared by many refugees who wish to work. Research carried out by the Department for Work and Pensions suggests that proficiency in English determines the job one eventually gets and the level of pay and conditions (Refugees’ opportunities and barriers in employment and training. Department for Work and Pensions, 2002).
Imposing language tests that are not directly related to an applicant’s ability to do the job constitutes indirect discrimination under the Race Relations Act 1976.
Confusion over entitlement
The Asylum and Immigration Act 1996 made it a criminal offence to employ anyone who does not have permission to work in the UK. The threat of a hefty fine has made some employers more cautious about who they consider for employment. Research carried out jointly by Personnel Today and the Refugee Council found that seven in ten employers interviewed as part of the study feared breaking the law when employing refugees.
Employers are advised to undertake document checks on every potential employee. An individual’s race, ethnicity or religion is no indication of their right to work here and employers have a legal duty under the Race Relations Act to avoid discriminating unlawfully on racial grounds.
We strongly suggest checking the comprehensive guidance for employers which can be found on the Home Office website.
Employers can also contact the Employers Helpline on 0845 010 6677. People wishing to come and work in the UK can also find further information at the same site above.
Non-recognition of overseas qualifications
Refugees who have gained academic or professional qualifications in their home country sometimes experience difficulty getting these recognised by UK employers or regulating bodies. In certain professions, the cost of getting qualifications recognised in the UK is usually too high for refugees to afford.
Unfamiliar job-search culture
The UK job market is very different to those in other countries. Refugees and asylum seekers may not know what types of jobs are available, how to find out about them or how to go about applying for one. Asylum seekers are already severely disadvantaged and isolated from society while they await their asylum decision.
Once they are allowed to stay in the UK, refugees may find it that much harder to tap into the right contacts and information about vocational training and other opportunities to enhance their employment prospects. Mentoring schemes can be a good opportunity for asylum seekers and refugees to gain an insight into the UK jobs market and develop job search and application skills.
Negative attitudes of employers
In recent years, there has been continuous negative press coverage of asylum issues in some sections of the British media. As a result, some members of the public assume that asylum seekers and refugees are ‘illegals’, trouble makers, that are to be blamed for crime and do not deserve protection in the UK. This inevitably affects some employers who may decide not to consider recruiting an asylum seeker or refugee based on these assumptions. This may constitute racial discrimination under the Race Discrimination Act 1976.
A study carried out by the Institute of Employment Studies entitled Employing Refugees: Some organisations’ experiences (March 2004) found that employers employing refugees are often impressed with the calibre of their work but may be afraid to publicise the fact that they employ refugees for fear of negative publicity.
Limited access to childcare
Refugees find it harder to access childcare than other groups of parents in the UK. This is particularly, but not exclusively, a problem for women, who will usually take on responsibility for childcare. This can be because of financial constraints, cultural differences or due to the parents’ fears about trust and security.
Difficulty opening a bank account
Banks require proof of address, usually on a utility bill, and can refuse to open accounts for their own reasons. This particularly affects asylum seekers and refugees, who may not be paying their own bills or may not be living at a permanent address. Not being able to pay an employee’s salary directly into their bank account is clearly inconvenient for employers, as any other form of payment is an extra administrative burden. They may even find this suspicious and assume the person is not allowed to work if (s)he is unable to open a bank account.
Asylum seekers and refugees may also have difficulty providing appropriate proof of identification. Any person with lLR, HP or DL should not have any difficulty opening an account using their Home Office documentation. If this is not accepted, the applicant should request reasons for refusal in writing from the bank manager and report this to the Equality and Human Rights Commission.
Visit the Commission’s website for helpline addresses and contact numbers, as well as guidance on making a report. For further details on accessing bank accounts and credit, go to the Refugee Council website.
Criminal Records Bureau checks
Work that involves contact with children or vulnerable adults may require applicants to undertake a Criminal Records Bureau disclosure (CRB). CRB disclosures require five years of addresses to be processed and only cover time spent in the UK.. It is likely that many asylum seekers and refugees will not have been in the country for over five years, although CRB disclosures covering the duration of their stay in the UK can still be processed.
In most cases, it will not be possible to obtain police or other security checks from countries outside the UK in which a refugee or asylum seeker has lived. People claim asylum in the UK on the basis of having a well founded fear of persecution. This may have been at the hands of police or other state bodies.
Unless there are professional guidelines set, it is up to the employer to judge the level of risk and the need for CRB disclosures. Some employers may accept a statement from a referee or character witness to verify the integrity of an applicant. It may be worth suggesting this as an alternative if a prospective employee does not meet the verification criteria. However, from October 2009 prospective employees working or volunteering with children or vulnerable adults will need to be registered with the Independent Safeguarding Authority. Further information can be found on their website.
Barriers to education and training
Asylum seekers and refugees can face additional difficulties in accessing education and training opportunities in the UK. These may include the following:
- Poor knowledge of entitlement and training opportunities
- Prohibitive fees and transport costs
- Limited access to childcare
- Lack of good written and spoken English
- Reliance on community organisations (who do not always have all the facilities needed to overcome these difficulties)
- Lack of recognition of overseas qualifications
