migrant worker deaths in britain roger maddocks irwin mitchell llp irwin mitchell llp solicitors...

Migrant Worker Deaths In Britain

Roger MaddocksIRWIN MITCHELL LLP

Irwin Mitchell LLP SolicitorsGrey Street Newcastle upon TyneNE1 6AEE-mail: [email protected]: 0191 279 0095


Irwin Mitchell LLP• 4th Largest law firm in the UK – established over 90

years ago• National Network of offices: Newcastle, Birmingham,

Leeds, Manchester, Sheffield, Glasgow and London• Dedicated teams in each office dealing with

workplace accident and occupational disease claims• National reputation for workplace accident and

disease claims – has dealt with many claims for migrant workers

• IM strive to provide high levels of client care for which it was won awards


Research Commissioned by Irwin Mitchell LLP fromCentre for Corporate Accountability

Published material• HSE – 2004• TUC – February 2005• HSE – 2006• Research from Grampian Region of Scotland –

2007• European Agency for Safety and Health – 2007• HSE – November 2008


What is a Migrant Worker?No common definition

“A person who has resided abroad for a year or more and who states on arrival the intention to stay in the UK for a year or more.”

(International Passenger Survey )

“Those who have come to the UK within the last 5 years specifically to find or take up work, whether intending to remain permanently or temporarily and whether documented or undocumented.”

(HSE Report 2006)


How Many Migrant WorkersAre There in Britain?

No Official figures – estimates vary

HSE Research (2006) suggests that in 2005 3.8% of UK workforce migrants

ONS (2006) suggests that in 2005 – 1.405 million – 5.4% of working population migrants


Where Do Migrant WorkersCome From?

Africa – 20%

South Asia – 17.3%

EU – 10/15%

Note. 40% Based in London

HSE Commissioned Research


Migrant occupations

• Migrant workers found across range of occupations • Disproportionately represented in some• Private households with employed persons – 10.15% of

workforce migrants (11,200)• Hotels and restaurants – 7.94% of workforce migrants

(91,400)• Construction – 2.38% of workforce migrants (52,100)

Labour Force Survey


Problems Faced by migrant Workers• Relatively short periods of work in the UK• Limited knowledge of the UK’s health and safety system• Different experiences of health and safety regimes in countries of origin • Motivations to come into the UK particularly where desire to earn as much

as possible in shortest possible time• Ability to communicate effectively with other workers and with supervisors

particularly in relation to their understanding of risk• Access to limited health and safety training• Failure of employees to check on their skills• Employment relationships and unclear responsibilities for health and safety• Lack of knowledge of health and safety rights(Migrant workers in England and Wales – HSE 2006)


What is their employment status• Migrant workers feature disproportionately in

poorly paid non unionised workplaces• They may be:-

– Directly employed– Agency staff– “self employed”


Relevance of employment status• May determine employers duties regarding Health &

Safety e.g. under common law a higher duty likely to be owed to employee rather than “self employed” worker

• May determine entitlement to benefits from employer e.g. employees entitled to sick pay and notice pay unlike self employed

• May determine entitlement to state benefits following injury e.g. Industrial Disablement Benefit


Determining employment status• Status may depend upon substance of a relationship

not form e.g. “self employed” worker may be “employed” for purposes of determining:-– Employers duty to worker; or– Employers liability to another e.g. fellow worker for injury

caused by workers negligent acts

• May depend upon reason nature of a relationship is considered – might be “self employed” for tax purposes but “employed” for purpose of considering Employers Liability.


• This is an area of difficulty• “Many of the problems arise, not because

there is a lack of legal protection, but because stakeholders fail (deliberately or otherwise) to recognise their responsibilities. Consequently the protection offered by health and safety law is not always delivered in practice” (HSE)


Are Migrant Workers At Greater Risk of DeathThan Other Workers?

“At present, we do not have firm evidence that migrant workers account for a significant or disproportionate number of accidents.”

“There is, nevertheless, strong anecdotal evidence to suggest that migrant workers with low English language skills and/or poor knowledge of local circumstances are at risk.”

- HSE 2004

Migrant Worker Deaths In BritainNumber of Deaths of Migrant Workers

All sectors Construction Sector

Migrant workerdeaths

All workerdeaths

% of deaths - migrant workers

Migrant workerdeaths

All deaths

% of deaths - migrant workers

2007/8 18 228 7.9% 12 72 16.7%

2006/7 13 241 5.4% 8 77 10.4%

2005/6 9* 217 4.1% 5 60 8.3 %

2004/5 - - - 5 69 7.2 %

2003/4 - - - 3 71 4.2 %

2002/3 - - - 2 70 2.9 %


Do More Migrant WorkersDie Than Expected?

There are 5.4% or 3.85% migrant workers of the working population

05/06 – 4.1% deaths migrant workers 06/07 – 5.4% deaths migrant workers 07/08 – 7.8% deaths migrant workers


Construction deaths

05/06 – 8.3% deaths migrant workers




Rise in migrant worker deaths • 2005/6 to 2007/8 all deaths rose from

217 to 229 an increase of 5.5.%• Over the same period migrant worker

deaths doubled from 9 to 18• 2005/6 to 2007/8 construction deaths

rose from 60 to 72 an increase of 20% • Over the same period in construction

migrant worker deaths rose from 5 to 12 an increase of 140%


Number of Injuries to Migrant Workers

• Very little information• Study in the south-west region• 11% “ may have been” migrant workers

HSE Field Operations Division


Circumstances of Migrant WorkerDeaths in Britain

• CCA Records • Last 6 years• Information from Coroner’s Court• Internet Search• HSE Prosecutions


Analysis of CCA Identified Cases• Industry: Construction (24)• Country: Poland (16)• Age: 21 – 40 (30)• Place: London (16)

Note. 46 deaths investigated


Case Study 1Age 21 from Poland - PJ drowned to death on 3rd

June 2006 after falling into trench full of water on his first day at work on a house extension in Wembley. It was a private house, and he was employed by the household.

An inquest on 7 January 2008 at North London Coroner’s Court returned a verdict of accidental death.


Case Study 2Age 35 from Poland - EF died on 9th December

2005 when he fell from a ladder while working on the roof of a domestic property in London Road, Twickenham.

The inquest on 25 September 2006 at London West Coroner’s Court recorded an accidental death verdict


Case Study 3Age 25 from Poland – SK was crushed to death on

29th April 2003, when a section of a chimney fell on him at a refurbishment job in Northwood, London. He was working for Drayton Building.

The inquest held on 25th October 2005 at London West Coroner’s Court returned a verdict of accidental death.

Migrant Worker Deaths In BritainInquest Verdicts

Numbers of deaths resulting in Verdict

Accidental Death

28

Misadventure 3

Narrative 5

Open 1

Migrant Worker Deaths In BritainLegal Representation Inquests

Numbers of deaths

Legal representation 6

No legal representation 9

No information on whether lawyer or not

23

Too early to decide on legal representation (no date set for inquest)

8

Migrant Worker Deaths In BritainProsecutions Following Death

Deaths resulting in a prosecution – migrant workers 1444%

Deaths resulting in prosecution – all workers 30%

Deaths not resulting in a prosecution 18


Government and HSE Responseto Migrant Worker Deaths

• Inspection and enforcement activity • Communication with migrant workers • Communication with employers• Employment agencies• Support for Gangmaster’s Bill


CONCLUSIONS• Little or no UK academic research• Migrant workers abroad suffer more injuries than would be expected• Research in the UK indicates a series of special features making

migrant workers vulnerable• Percentage of migrant workers in the UK working population is 5.4%• In construction industry about 2.38%• Until April 2008, HSE has not collected information on nationality of

workers who have died at work• HSE does not collect information on nationality of workers who have

been injured at work


• HSE has not published data it has collected through manual searches of its database

• Unpublished figures show in 2007/08 number of migrant workers died higher than expected

• Higher than average dying in construction sector• Since Morcambe Bay tragedy, HSE taking steps to assess relative risks to

migrant workers – but HSE approach generally has been to approach migrant workers as special case of the more general problem of managing H & S of casual and temporary labour

• Problem of legal representation provided to families. Problem in the lack of legal representation provided to families at inquest

• More migrant workers’ deaths appear to result in prosecution• 44% of deaths involving migrant workers resulted in prosecution- (average

30%)• Only 30% of convictions obtained by HSE following migrant worker deaths

result in press release (average 50%)

CONCLUSIONS contd..


• HSE publish all data on migrant worker deaths• HSE commission more research on migrant worker

safety conditions in construction sector• HSE should collect information on nationality of all

reported injuries• Gangmasters Licensing Authority’s jurisdiction should be

widened to apply to construction sector• Should particular focus be given to migrant workers and

health and safety?

Recommendations

migrant worker deaths in britain roger maddocks irwin mitchell llp irwin mitchell llp solicitors...

Documents

migrant worker deaths

migrant workers im

safety rights migrant

britain research

britain irwin mitchell

britain problems

hse research

awards slide