View: Uncomfortable truths about racism in Northern Ireland

Yet the reality for many migrant workers and minority ethnic people is different, according to the results of our new research into the impact of Brexit on minority ethnic and migrant people in Northern Ireland.

If you employ migrant workers, there is much of relevance to you. There are sections on skills and qualifications, workers crossing the border, risks such as human trafficking and exploitation. We’ve also developed some policy proposals which we believe would be of practical help to employers and help keep you the right side of race equality law.

The number of EU workers in NI has fallen since Brexit from 62,200 in July 2016 to 53,600 in June 2021, the most recent figure available. The most recent Skills Barometer for NI highlights the uncertainty of migrant labour, whilst projecting labour shortages, even in a high growth scenario. Sectors which have relied on migrant workers, such as agri-food, health and social care, manufacturing, retail and hospitality, may experience shortages of staff. In particular, the absence of a visa route for unskilled labour may create problems for some sectors, like agri-food.

Firstly, we identified the recognition of qualifications, or qualifications equivalence, as far back as 2010, when we investigated the role of recruitment agencies in the employment of migrant workers. This new research finds that, while some professional qualifications, for example, of medical professionals and architects, were recognised before Brexit under an EU Directive, the UK as a whole has not developed a comprehensive system for recognition of qualifications post-Brexit.

Here in NI, we have not yet taken action to specify priority professions and there is no published information on developing a post-Brexit system of recognising qualifications.

Some people we spoke to for our research reported that recognition of non-UK qualifications had been a problem for them, impacting on their ability to take up jobs. They expressed concerns that this could intentionally or unintentionally exclude a job candidate who is not from the UK.

The second issue is a job for government departments and many others, including ourselves at the Commission. We are recommending that more is done to raise awareness amongst NI employers about the rights of EU migrant workers, in particular the process for hiring workers post-Brexit, which should help employers avoid racial discrimination.

We’re aware, for example, that in the NI Affairs Committee at Westminster in 2021, the Migrant Centre NI reported issues with employers not being aware of their obligations or of the procedures necessary to hire an EU national with EU settled status. It was their view that employers could reject an eligible applicant due to a lack of understanding of the applicant’s immigration status and their eligibility to work. We’ve heard through our own advice work of people being denied employment even though they could prove they had applied for settled status.

Our third recommendation was that the Department for the Economy should consider commissioning research to understand the impact of Brexit on the flow of EU migrants into and out of NI, to understand and address barriers to getting and keeping a job here.

Finally, the issues around the exploitation of migrant workers. We say the Department of Justice and other government departments, should also research the experiences of exploited migrant workers and take action. As a result of Brexit, the supply of labour here was reduced. While in some sectors, there was evidence of better pay and conditions, we also heard reports of punishing repayment clauses in workers’ contracts and poor employment conditions. Housing, and tied housing in particular, is an issue for them. Poor housing conditions, the fear of homelessness and undocumented work were also reported.

The overall theme that came through most strongly from the research was that racism is common for many migrant workers, at work and elsewhere. Respondents felt that racial bias impacted on finding and keeping work and progressing in the workplace.

As an employer, you have a legal obligation to provide a safe workplace in every sense for your workforce, and that includes protection from harassment. This is not new; it’s been like this since the Race Relations [NI] Order came into effect in 1997. Calls about racial discrimination to our advice line in the past year jumped by 20% on the year before.

We’re looking now at ways we can act to help employers with some of the issues raised by the research. There is a lot of good practice from companies with good track records for employing migrant workers from which we can learn. Stay in the loop, follow us on social media and if you are not already subscribed to our employer ezine, you can sign up at the bottom of any page of our website. You can email [email protected] or phone 028 90 500 600 if you want free and confidential advice about your specific situation.