New briefing explores problems arising from construction sector's inclusion on the Temporary Shortage List
A new policy briefing published by the Work Rights Centre (WoRC) yesterday warns that the Government's plans to expand access to migrant construction workers through the new Temporary Shortage List could expose them to significant exploitation risks.
Image credit: WikipediaYou can read the report online here.
The briefing follows the Government's June publication of its Industrial Strategy, which includes £625 million in funding to train 60,000 skilled construction workers by 2029. Despite this investment, the Construction Industry Training Board estimates that an additional 240,000 workers will be needed over five years to meet house building targets.
Under the proposed immigration reforms in the Government's White Paper, construction roles will be included on the new Temporary Shortage List, allowing recruitment at lower skill levels. The then Home Yvette Cooper confirmed that "construction workers will be on the Temporary Shortage List because they are clearly crucial to growth in our economy." Workers in these roles will face restrictions, including being unable to bring dependants and limited eligibility for settlement.
WoRC noted: "[N]ew workers arriving in the UK in Temporary Shortage List construction roles will not be able to bring dependants with them. Similarly, the government currently plans for recruitment from this list to end by 31 December 2026. The government's intention is for access to this labour pool to be temporary by nature. This, combined with the government's other plans to extend the qualifying periods for settlement in the UK, mean it is currently unlikely that those sponsored to work in Temporary Shortage List roles will in the future be eligible to apply for indefinite leave to remain."
WoRC later adds that the introduction of the Temporary Shortage List is ultimately part of a growing policy trend that treats migrant workers as a disposable labour force, undeserving of the rights and entitlements that would lift them out of work and immigration-related precarity.
The report compares the construction sector's vulnerabilities to those seen in social care, where the expansion of the Health and Care Worker visa to cover a shortage of care workers led to widespread exploitation and abuse. WoRC finds there are a number of important similarities between construction and social care with regard to the UK's work sponsorship system, and warns it could likely lead to similar problems for construction workers.
WoRC highlights, for example: "The transient and flexible work arrangements that exist within the construction sector and the prevalence of self-employment make it poorly aligned with the rigidity of existing sponsorship rules. This is similar to what transpired in the care sector, where a large number of available roles were actually in domiciliary care (characterised by hyper flexible work and contractual arrangements), which did not align to rigid rules around the requirement for full-time hours to be provided. If subsequent enforcement action is taken on this issue, it is likely to plunge a large number of workers into limbo at short notice."
The report also cautions against adopting a labour provider model akin to the Seasonal Worker visa, citing risks such as debt bondage and concentrated power among operators. WoRC calls for flexibility to be central when it comes to building safeguarding measures into immigration rules. Drawing on extensive casework, the organisation highlights how rigid visa sponsorship rules, particularly those that tie workers to individual employers, not only undermine workers' human rights but also create significant practical barriers that fail to reflect the realities of how work is carried out on the ground.
To mitigate the risks, WoRC briefing proposes removing employers from the visa grant process entirely, thereby allowing workers greater mobility. As a more cautious alternative, it suggests sector-based sponsorship, echoing recommendations previously made by Unison in the social care sector. While acknowledging that this would not resolve all underlying issues, WoRC says it would at least prevent immigration rules from worsening conditions. It also calls for complementary safeguards, such as extended timeframes for workers to change sponsors and the introduction of a "Workplace Justice visa." Although the Government's Immigration White Paper hinted at exploring such measures, the report notes that "nothing concrete has materialised thus far."
In concluding, the report notes that the Government is stuck in an impossible balancing act: maintaining the veneer of a hostile immigration rhetoric while simultaneously relying on migrant labour to drive economic growth before the next general election.