Information for Refugees and Migrants

The laws about working for an employment agency have recently changed, so workers employed by agencies can get holiday and sick pay, however, there are usually a number of conditions attached.

Employment agencies can be found in the Yellow Pages, websites or in Newspapers.

Documents

If you are from an European Economic Area country (EEA), you will need to show a prospective employer your passport, national identity card or Home Office registration certificate.

If you are a national of the Czech Republic , Estonia , Hungary , Latvia , Lithuania , Poland , Slovakia or Slovenia and want to work for one month or more for a United Kingdom employer you must register under the Workers Registration Scheme (WRS).

For full details on the requirements to register under the WRS and for information on how to register please see the Worker Registration Scheme  section of the United Kingdom Border Agency website.

Employers can face unlimited fines if they employ illegal workers, so they need to make sure that no one they employ is working in the UK illegally. They, therefore, ask for proof of nationality, so do not be offended if you are asked to prove your nationality, as even UK nationals will be asked to provide proof.

Please refer to the Directgov website for further information.

Commission for Equality and Human Rights website can help with information if your employer refuses to accept your documents.

Working as a Volunteer

Many British people work as volunteers. A volunteer works without pay but is rewarded in other ways. For example they may:

• Gain experience which will help them get paid work 
• Meet people and make friends 
• Improve their English 
• Work with people who can later give them references 
• Learn about the way businesses and organisations in the UK work 
• Find out more about the kind of work they want to do 
• Feel rewarded by helping others

Asylum Seekers can volunteer and this will not affect their benefits.

Working in the UK - Being an employee

The Directgov website has an introduction to working in the UK.

The following pages tell you about working in the UK - how you pay tax and National Insurance and where you can get help.

Paying UK Income Tax and National Insurance

If you work in the UK , you will usually have to pay Income Tax and National Insurance on your wages. How much you pay - and how you pay - depends on how much you earn, and whether you work for someone (employed), or for yourself (self-employed).  If you become self employed you must registrar with the Department of Work and Pensions (DWP).

You must apply for your National Insurance (NI) Number:

• as soon as you start work 
• as soon as you or your partner claims benefit

To be able to apply you must be:

• 16 years of age or over 
• resident in Great Britain ( England , Wales or Scotland )

To apply for a National Insurance number phone the Jobcentre Plus National Insurance number allocation service on Tel 0845 600 0643. Lines are open from 8.00 am to 6.00 pm, Monday to Friday.

If you are already working but do not have a National Insurance number, you must get one.

You can find out more about National Insurance, and how to get a National Insurance number on the Directgov website.

Forms when you start work

When you first start work in the UK your employer will give you a form to fill in from Her Majesty Revenue and Customs (HMRC) called P46 Employee without a P45. The information you put on the form will help to ensure you pay the right tax. If HMRC needs more information they will contact you.

How to check how much tax you have paid 

After the end of the tax year (5 April) your employer will give you a document called a 'P60 End of Year certificate'. This shows your total pay for the year and how much tax and National Insurance you have paid. Your employer must give you the form P60 by no later than 31 May if you were working for them on 5 April.

Forms when you leave work

When you leave a job your employer gives you parts 1A, 2 and 3 of a form called a 'P45'. It's a record of your pay and the tax that has been deducted so far in the tax year. It shows:

• your tax code and PAYE (Pay As You Earn) reference number
• your National Insurance number
• your leaving date
• your earnings in the tax year
• how much tax was deducted from your earnings

When you start a new job, or claim Jobseeker's Allowance, you give parts 2 and 3 of the form to your new employer or to the Jobcentre.

Find out more about form P45

Employment Contracts

When you start work you should be given an employment contract. An employment contract is an agreement between you and your employer. Your rights and responsibilities, and those of your employer, are called the terms of the contract. It is preferable that your contract is in writing and you are entitled to a written statement of the main terms. Employment contracts may contain terms with which you are not familiar. Various technical terms are explained online at the Work Smart website.

National Minimum Wage

Almost everyone who works in the UK is entitled to be paid the National Minimum Wage (NMW), You can call the National Minimum Wage helpline on 0845 6000 678. The information you will give them will be confidential. They can help you to claim the NMW as well as any pay your employer owes you.

Further advice can be found at the Advice Guide website.

Pay Slips 

You should receive an individual payslip from your employer on the day you are paid. This must show your pay before and after deductions (known as gross pay and take-home pay).

Deductions from Wages

Some employers may take some of your pay to cover travel or living expenses. They will need your written permission to do this. Deductions should be set out on your payslip. If you think there is a problem with deductions from your wages, you should see an employment adviser. You can also call the National Minimum Wage Helpline (0845 6000 678).

Working Times

If you are employed, your working hours should be set out in your current employment contract. Normally these are no more than 48 hours a week on average unless you agree to more by signing an 'opt out' agreement (sign a document to say you are happy to worker more than 48 hours); you can also opt back in after giving notice.  This legislation is called the Working Time Directive 1998.

Holiday Entitlement 

There is a minimum right to 5.6 weeks' paid holiday for a five day week under the working time regulations. Your employer may give you more paid holiday than this. You start building up holiday entitlement as soon as you start work. Your employer can control when you take your holiday, so you need to tell your employer in advance when you would like to take your holiday. You get your normal pay when you are on holiday.

When you finish a job, you are paid for any holiday you have not taken. During the day you may be paid for rest breaks: this should be set out in your contract.

There are 8 public holidays in England and Wales - please see Section 1 - The UK Culture and Traditions . Further information can be found at the Directgov website.

Sick Pay 

Your contract of employment should state how much you will be paid if you are off work because you are ill. This is known as sick pay. The minimum amount you are entitled to is Statutory Sick Pay (SSP) if you are away from work for four consecutive days or more.

Further information is available at the Work Smart Website.

Health and Safety at Work 

You and your employer are responsible for keeping you safe at work. There are UK laws to promote health and safety in different kinds of workplaces and jobs. You may be required to undertake specific training, and to wear suitable clothing for the job or the workplace. You may be held liable if you do not follow the health and safety laws, which may be different to the ones in your home country.

Harassment or Discrimination at Work 

All employees are considered equal regardless of their gender, age, sexual orientation, race or ethnic background, disability, religion or belief. Making derogatory remarks or behaving inappropriately towards someone on the basis of any of these differences may be viewed as harassment and you can be prosecuted and given strong penalties by the courts.

If you feel you are being harassed racially, sexually or in some other way, or you have been discriminated against unfairly, you should get advice. Contact the Race and Hate Crime Report Line on 08000 830 007 or visit the Manchester City Council Website .

Useful information on equality and discrimination can be found on the Equality and Human Rights Commission website. 

Support for Workers: Trade Unions

Trade unions are associations of workers which exist to support workers and protect their rights. Trade unions usually serve certain types of trade or industry. Every employee in the UK has the right to join a trade union, even if your employer does not recognise a trade union for collective negotiations. If your employer already has one or more unions serving the workforce, you can find out about joining by talking to the trade union officer (known as a shop steward). Otherwise you can find out what trade union covers your type of employment and how to contact them at the TUC website.

Further information

The TUC produces 'Know your Rights' leaflets in several languages.

Employment Advice - You can find out your nearest provider of employment advice through:-

Community Legal Advice on 0845 345 4345.

WorkSmart is a website providing information on all aspects of employment rights and also explains employment law legal terms.

Greater Manchester Pay and Employment Rights Advice Service on 0161 839 3888.

Promotion and changing jobs

In order to progress in your jobs or to change jobs, you may need careers advice or further training;-

Work Smart provides advice on promotion and careers.

Learn Direct  provides information on learning and work. You can call Learn Direct on 0800 101 901, some of the information is available in other languages

Leaving the UK If you are leaving the UK , you must tell HM Revenue and Customs by contacting your Tax Office (Find your Tax Office). Your Tax Office will give you form P85 (Go to form P85) to get any tax refund you are owed and work out if you will become non-resident. If you still need to complete a tax return after you leave, they will let you know.

Self Employment and Setting up a Business

The Directgov website will help you work out if you are self employed.

Tax for the Self Employed

If you work for yourself, you pay HM Revenue and Customs your tax and National Insurance each year. Tax when you work for yourself - find out more.

Setting up a business

Business link gives practical advice for businesses including information for start-up grants, and online tools to help you.

Further information

The Blue Orchid - organisation is funded by the government to provide free advice to refugees and migrant workers across Manchester who have a National Insurance Number. Please call 0161 485 4949.

Manchester Solutions  provide further information regarding setting up your own business.  Please call on 0161 228 1111.

Asylum Seekers

Most asylum seekers currently arriving in the UK are not allowed to work until they have been given Leave to Remain.

However, some new but complicated rules mean that a few people might be given permission to work. It is best to ask your solicitor or an advice worker for up-to-date information.

Refugees

RIES - Refugee Integration and Employment Service Northwest

This service is only available to refugees where the asylum applicant: -

• is over 18
• is living in the North West - Manchester is in the North West
• Made their initial claim after April 1st 2007

This does exclude refugees given discretionary leave and those where the decision has been taken by the Case Resolution Directorate.

The service will include help with a personal integration plan (PIP) which will cover: -

• accommodation
• benefits and finance
• education and training
• health and well-being
• employment and volunteering - this will be for 12 months
• legal issues

Refugee Action is notified by the UK Borders Agency and an initial assessment of needs will be made. If you believe you are entitled to this service but have not been contacted please call 0161 233 1465.

Information for Refugees with the right to work

All people with full refugee status, Exceptional Leave to Remain (ELR) or Humanitarian Protections (HP) have the same employment rights as UK citizens (excluding employment in certain government jobs). They do not need to seek permission from the Home Office to get a job or start their own business.

If somebody has a time limit on their leave to remain in the UK they are entitled to apply for an extension to this and eventually for Indefinite Leave to Remain (ILR) in the UK . However, even if an application is made on time, a decision from the Home Office can take up to a year. As long as an application is made on time, an individual continues to enjoy the same employment rights whilst they wait for a decision to come through from the Home Office.

Refugees with the right to work are covered by the same UK employment laws as any UK national.

Migrant Workers

Rules governing the rights of all migrant workers are constantly being reviewed. We strongly recommend that you seek legal advice to ensure that you have the right to work and have the correct paperwork.

Please refer to the United Kingdom Borders Agency for the most current and up to date information regarding permission to work, visa applications, the Immigration Tier System and the Workers Registration Scheme.

The DirectGov website has an introduction to working in the UK  that includes a section on permission to work in the UK.

Gangmasters/Labour providers

Labour providers are sometimes called gang masters. They supply workers directly to employers. Labour providers must be licensed and are subject to strict standards. The sectors covered by the licensing scheme are agriculture, horticulture, fish processing, gathering shellfish, dairy farming, or the packaging, or processing of food and drink products.

If you wish to enquire about standards that gangmasters must follow, please contact the Gangmaster's Licensing Authority (GLA), or you can find your nearest employment advisor by contacting Community Legal Advice.

Useful Websites -

Migrant Workers Information

Theincludes information on Working in the UK in Polish, Czech, Portuguese, Russian and Lithuanian.  

The Migrant Workers Northwest website  has information specific to the Manchester area and the North West as a whole.

Information for Bulgarian and Romanian Nationals 

Please check the following websites for the most current information.

UK Borders Agency  
Migrant Workers North West