Illegal worker checks open up new opportunities in best practice

Edward Hardy, chief executive of the Considerate Constructors Scheme, on a new addition to the scheme’s checklist of site requirements.

Edward Hardy

Ensuring the legitimacy of the workforce is one of the key challenges facing the construction industry. Employing illegal workers isn’t just against the law – there is an undeniable relationship between illegal workers and those subjected to modern slavery.

The National Crime Agency has pinpointed the construction sector as the sixth most prevalent for labour exploitation, and in 2013 the government pinpointed 53 “potential victims of modern slavery” within the industry.

Everyone is clear that it is very damaging for those individuals concerned, and the industry’s image as a whole. This can lead to widespread reputational damage at a time when portraying the industry in a positive light is critical to attracting and retaining skilled workers to meet the pipeline of future work.

As the government’s recent actions have demonstrated – with Operation Magnify starting last autumn and the Modern Slavery Act being applied from 1 April 2016 – there is growing pressure on the industry to make sure that all of the checks and balances are in place to assess and monitor its workforce.

But we believe that valuing the workforce by ensuring their legitimacy to work shouldn’t just be a “kneejerk” reaction to the government’s latest actions – it should be part of the day-in, day-out routine of every element of construction activity throughout the UK.

To help this become a reality and continually raise standards in this area, the Considerate Constructors Scheme (CCS) introduced a new question in its Monitors’ Checklist earlier this month, specifically challenging constructors registered with the CCS to ensure the legitimacy of their workforce. The new question is: How does the site assess and monitor the legitimacy and competency of the workforce?

This challenges contractors and their supply chains to take greater responsibility for the way they recruit their workforce. It also puts a structure in place encouraging everyone in the supply chain to provide evidence that, as subcontractors, they are making sure this takes place.

By challenging sites to explore how they currently assess and monitor the legitimacy of their workforce, the CCS believes that in the not-so-distant future, all registered sites, companies and suppliers will have a routine in place. This will ensure that when they are questioned by the scheme monitor, they will provide a “standard” response, intrinsic to their organisation.

The CCS is in a prime position to effect real change amongst the industry and it is great to see that the CIOB’s CPD module – Stamping out illegal working on every site – includes a question about the new checklist.

Sites, subcontractors and suppliers should establish a transparent culture whereby workers feel able to highlight to management when they have concerns over colleagues.

The recent recognition from the government in how the CCS is helping to tackle this issue also underlines the impact the CCS will have. Immigration minister James Brokenshire said: “Our work to stamp out illegal working involves close collaborative working with lead industry bodies. We are fully supportive of genuine efforts, such as this scheme, to drive compliance with the rules.

“Employers within the construction sector have a crucial and ongoing part to play in helping combat illegal working by ensuring they carry out the straightforward ‘right to work’ checks on potential employees.”

As ever, the need to continually drive improvement and progress within the industry means that much more still needs to be done. But it is really important to highlight the numerous examples throughout the industry of tremendous improvements in how construction values its workforce. Those registered with the CCS (see Best Practice Hub for examples) have made significant progress in establishing a supporting and caring working environment, by:

• Providing a workplace where everyone is respected, treated fairly, encouraged and supported;
• Identifying personal development needs and promoting training;
• Caring for the health and wellbeing of the workforce;
• Providing and maintaining high standards of welfare.

Now is the time to tackle illegal working on sites. There has never been a better moment for the industry to rise to the challenge and ensure that checks for workers’ legitimacy become firmly entrenched within all construction activity across the UK – and once again underlining that UK construction is at the very forefront of best practice.