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Immigration: Employment

Volume 703: debated on Monday 21 July 2008

asked Her Majesty's Government:

What representations they will make to foreign embassies in London about (a) protecting the employment rights of domestic workers coming to the United Kingdom; and (b) the binding nature of minimum wage legislation. [HL4760]

With the introduction of the points-based system, all diplomatic missions wishing to employ domestic workers in their diplomatic households will need to seek a place on the UK Border Agency sponsor register. By signing up to the sponsor register, missions will be agreeing to a number of criteria governing their employment of domestic workers. Private servants who work for foreign diplomats in the UK are protected from potential exploitation by UK law. We expect foreign diplomats to obey our laws and regulations and take seriously any alleged violation by those entitled to immunity. We would take appropriate action if any allegations of exploitation were to be brought to our attention.

Domestic workers are protected by national minimum wage legislation where their employer resides in England. However, Regulation 2(2) of the National Minimum Wage Regulations 1999 provides that if the following conditions are met:

the worker resides in the family home of the employer;

the worker is not a member of the family but is treated as such;

the worker does not make any payment in respect of accommodation or meals; and

if the work was done by a family member, it would not be treated as work,

then the national minimum wage regulations do not apply.