Non-local workers ‘misused’ - report

The report was compiled using data from calls it received in 2016, although a draft version of the 2017 report suggests discrimination on the island is ‘on the up’.

There were 51 cases recorded in detail with information from individuals where their treatment at work, in their accommodation or elsewhere appears to be due ‘specifically to their vulnerability from being non-local’.

The employment sector was noted or relevant in 38 out of 51 cases, with the majority working in the hospitality sector. Two were cleaners and two were working in construction.

‘The problems ranged quite widely, with some clients experiencing more than one,’ the report states.

‘Seventeen clients had not been paid for all the hours they had worked, six said their employers’ social security had not been paid and six reported that promises made prior to work starting had not been kept.

‘Seven reported racism and another eight said they were bullied due to their nationality.

‘Nine were threatened with job loss for little or no cause and five had been dismissed without reason.

‘Examples include unauthorised deductions from wages, withholding passport and refusal to issue a contract of employment,’

Out of 19 cases in which accommodation was mentioned, three clients experienced abuse from their landlord and five were owed money, usually in unreturned deposits.

Seven reported lack of repairs or bad housing conditions and seven had disputes over leases that were not issued, not adhered to or were terminated without reasonable cause.

‘Examples include the rent being doubled without notice and apparent collusion between employers and landlords to force clients to accept changes or risk losing their housing licence,’ the report said.

‘As in any country, where a worker is non-local, they do not have a full understanding of the local system and can become very vulnerable, with little protection here in Guernsey,’ said Kerry Ciotti, the bureau’s service manager.

‘We don’t have a finalised 2017 report yet – it is only in draft form at present. So far though, it appears that race/racial discrimination in on the up.’

The draft of the 2017 report pointed out an overlap with some social policies such as population management and employment law.

‘In third place of most reported primary behaviours with discrimination, was race-related issues, all of which occurred in the workplace,’ it says.

‘Some of these were straightforward, for example, a client met their performance targets, which had been formally confirmed by the employer, everyone except them received a bonus. The only difference was race.

‘In the workplace, some employers seem reluctant, perhaps not understanding the importance, or unable to issue contracts of employment that would help provide clarity within a reasonable time frame to their employees.

‘Failure to send, whether intentional or not, creates a power imbalance in favour of the employer. There appeared to be a misuse of non-Guernsey workers’ understanding of local laws,’ it read.

All States departments are sent a copy of the report each year.