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FOCUS: Are Jersey's work permit holders safe from exploitation?

FOCUS: Are Jersey's work permit holders safe from exploitation?

Saturday 14 October 2023

FOCUS: Are Jersey's work permit holders safe from exploitation?

Saturday 14 October 2023


A review of the welfare and rights of employees arriving on the island with work permits revealed the need for more protection, greater clarity, and improved communication from the government.

The report tackled concerns over modern slavery, discrimination and abuse of power.

This work was conducted by the Work Permit Holder Welfare Review Panel, which aims to improve protection for work permit holders following an 800% increase in the permits since 2019 due to workforce shortages, Brexit, and the pandemic.

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PicturedDeputy Beatriz Porée is Chair of the Work Permit Holder Welfare Review Panel.

Deputy Beatriz Porée, Chair of the Panel, said that feedback from work permit holders about living and working in Jersey is "generally very positive".

"We believe that this reflects the many good employers on-island," she said.

"However, the Panel also believes that there is room to improve the protections in place for work permit holders, and in particular, address the gaps in the communication of key information and guidance about living, working, and accessing support in Jersey."

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Pictured: There has been an 800% increase in work permits granted since 2019 due to workforce shortages, Brexit, and the pandemic.

The information for the report was gathered through surveys as well as private discussions and talks with government departments, community groups, companies, and organisations.

Current permit policy

Jersey's current permit policy, managed by the Jersey Customs and Immigration Service, requires non-British or Irish workers outside the Common Travel Area to get skilled or temporary permits. It also requires employers to comply with rules that protect the welfare of workers. 

Work permits are mostly used by Jersey employers seeking to hire foreign workers. 

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Pictured: Work permits are applied for by prospective employers, and are used for temporary and skilled workers.

The report found that the policy is not as readable and accessible as it should be, meaning that employers often misunderstand certain expectations. 

The Panel recommended that the Home Affairs Minister ensure clearer communication of employer obligations regarding recruitment and employment, emphasising the importance of consulting with key stakeholders. 

Life in Jersey

The report identified challenges for workers in finding accurate and easily accessible information about life and work in Jersey, including details about the cost of living, housing options, and healthcare provisions. 

For instance, the 'Cost of Food' section on the 'Moving to Jersey' website lacked specifics on the average weekly food expenses in Jersey, estimated at £112.

The Panel also found that work permit holders were often unaware of how the healthcare system operates in Jersey prior to their arrival because this information was not readily available. 

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Pictured: Survey responses representing welfare satisfaction represented on a bar chart. 

The absence of Government-provided information prompted organisations like the Kenyan Jersey Committee and Friends of Africa Jersey to assist newcomers in adapting to life on the island.

A member of the former group said: “There were a lot of people out there who were short on information in terms of settling into Jersey, what to expect from the employers, what to expect from the Government."

This was echoed by Ian Cardwell, who became involved with the local Filipino community five years ago, and described being "not impressed by the way that Jersey looks after them".

He told Express that "some [of the Filipino workers] had been inadequately prepared to come to Jersey".

As a result of this, Mr Cardwell recently launched his own business to create a "supply chain of support in Jersey" for people who come to the island to work, and "better inform the Filipinos of the rules and regulations of Jersey, and help them deal with all the problems of living in a foreign country".

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Pictured: The lack of awareness about how Jersey's healthcare system operates was notable among work permit holders. 

To address similar issues, the Work Permit Holder Welfare Review Panel recommended that “information and guidance that is relevant to work permit holders is made available through a centralised portal to access prior to their arrival in Jersey”.

They added that this portal should be accessible in multiple languages, providing insights into workers' rights, obligations, support services, and essential information about living in Jersey, including the cost of living, healthcare, accommodation, and transportation.

Accommodation provisions

The current Work Permit Policy requires employers to provide "suitable accommodation" that promotes employee well-being.

However, the recent Scrutiny Report observed a lack of defined standards to describe what this entails, as well as measures to enforce it. 

Public hearings and survey answers from permit holders revealed a lack of single or studio accommodations, forcing employees to share rooms. 

One permit holder stated that: ”Shared accommodation which was very expensive and there is no privacy for instance two people living in one room and each paying £150 every week”.

Describing the situation as "pretty uncomfortable”, another employee said: "I prefer to stay by myself for privacy reasons but there's no option but to stay with a colleague." 

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Pictured: "The worst case we have heard of is two people sharing a double bed, two strangers."

A member of the  Kenyan Jersey Committee said: “I think this is a bigger problem where the Jersey Government or the Planning Department has failed to recognise that most of the people who immigrate to Jersey for work arrive on their own.

"The worst case we have heard of is two people sharing a double bed, two strangers."

The Panel has therefore recommended the establishment of clear accommodation standards and enforcement procedures to ensure that work permit holders have access to suitable living conditions.

Employment conditions

The report concluded that there is a need for improved clarity in employment terms and support for both employers and employees, after looking into the systems in place to ensure favourable working conditions and the avenues for seeking assistance during challenging circumstances. 

The report pointed out that there is a lack of guidance related to work support, saying: “There is no clear, single and reliable pathway for support offered to people arriving in Jersey on a work permit.”

They recommended the establishment of a well-defined and easily accessible resource to "provide clarity to both employers and employees on what was expected of them".

Modern slavery and exploitation

The Panel observed a lack of provisions aimed at protecting work permit holders from Modern Slavery, which includes a variety of crimes such as human trafficking and forced labour. 

Deputy Porée said: "The Work Permit Policy lacks specificity in relation to the protection of work permit holders from Modern Slavery and exploitation".

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Pictured: The various forms of modern slavery. 

Both the Friends of Africa and the Kenyan Jersey Committee also expressed concern about the lack of protections.  

In response, the Panel recommended introducing Modern Slavery legislation, which would increase awareness and reporting of these cases. 

Additionally, the Panel suggested implementing an employer licensing scheme, similar to the UK's Gangmasters and Labour Abuse Authority standards, to protect vulnerable work permit holders who may be at risk of exploitation and abuse.

2022 Work Permit Policy Consultation Findings 

  • A survey of 200+ work permit holders indicates mainly positive experiences

  • 39% of permits went to Kenyan (550) and Filipino (450) Nationals

  • Over 50% of permits were for seasonal hospitality jobs

  • Permits were issued to 48 nationalities

  • In 2022, JCIS granted 39% of work permits to Kenyan (550) and Filipino (450) nationals.

  • Recruitment agencies were pivotal in connecting work permit holders to job opportunities, with 88 out of 209 survey respondents discovering jobs in Jersey through agencies

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