0121 707 0077

Immigration Concerns for Finishes and Interiors Sector

Immigration Concerns for Finishes and Interiors Sector

FIS has raised concerns with officials from The Department of Business Energy and Industrial Strategy (BEIS) that interior systems installers have not been included as an eligible occupation for the skilled worker route in the outline plans for a UK Points Based Immigration System post Brexit.

A new points‐based immigration system which will apply to EU and non‐EU citizens and require those that want to work in the UK to meet a specific set of requirements. In addition to passing the relevant UK criminality checks, the job must have a salary of at least £20,480, and 50 points are ‘earned’ by meeting the following mandatory criteria:

  • The applicant must have an offer of a job from a licensed sponsor
  • The job must be at or above the minimum skill level: RQF3 level or equivalent (A level or equivalent qualification). Workers will not need to hold a formal qualification; it is the skill level of the job they will be doing which is important
  • The applicant must speak English to an acceptable standard.

An additional 20 points can be gained through a combination of a higher salary, a job being on the shortage occupation list, and/or the holding of additional qualifications.

Drylining, for example, is intrinsic to most construction and house building projects and has a significant impact on the time frames for completing work – there are approximately 45,000 CSCS card holding dry liners (this does not include overlapping trades that undertake drylining work, but carry an alternative card).  As at January 2020 FIS members reported 42% of their workforce was made up of immigrant labour.

Although English Training Providers are preparing to deliver training for the latest Apprenticeship Standard, in drylining, the numbers will not provide the level of the existing labour pool for at least two years.  However, this will ensure future, home grown, dryliners are competent.

Despite the number of dry liners now exceeding many of the more traditional trades, it has historically been lost in “Construction Operatives Not Elsewhere Classified (8149)” within the Office of National Statistics (ONS) Sector Occupational Classification (SOC) Codes, as are ceilings and partitions installers and a raft of other specialist trades.  The Codes are used to collect and provide statistical data on occpations.  This latest report on the UK Points Based Immigration System has been based on the Office of National Statistics (ONS) 2010 Sector Occupational Classification (SOC) Codes.  In 2020 these were revised and, due to the close link between Drylining and Plastering, it is now officially listed under 5321 “Plasterers” (which is classified as an Eligible Occupation for the Skilled Worker Route).  The trades are closely aligned, many companies will offer both options for finishing and elements of drylining finishing are currently included within the plastering apprenticeship standard.

Commenting on the report, FIS CEO Iain McIlwee stated; “we recognise that within these plans some positive movement has taken place based on the research we supported on Shortage Occupations published last year and several meetings and round table events that we participated in with various Government Departments.  At this stage I remain convinced that this is an oversight and as plans evolve into policy we can make the necessary adjustments.  We continue to work with BuildUK, The Department of Building Energy and Industrial Strategy, CITB and colleagues at the Home Office and Migration Advisory Committee (MAC) to this end – we will also be picking up concerns (as a sector that relies on around 60% of our workforce as Labour Only Subcontractors) that the system does not rely on impractical employment expectations.

One thing we must reinforce is that drylining is a skilled trade intrinsic to modern construction.  FIS exists to help raise standards in the construction sector and continue to dedicate resources through schemes like BuildBack to promote and encourage ‘home grown talent’ and ensure that all working in the UK, whether immigrant of domestic worker are competent to complete their work and that their skills and knowledge of the materials, environment and processes are kept current.  This is ongoing and within this we need to avoid a real cliff face for the sector that will have serious ramifications for the wider construction and housebuilding market.”

You can view the outline plans for a UK Points Based Immigration System.

FIS has prepared an overview paper based on concerns with the proposed UK Points Based Immigration System here.

If you have any comments, please email georgeswann@thefis.org

 

Welsh charter for safe working practice COVID-19

Welsh charter for safe working practice COVID-19

HBF Wales, in conjunction with the Welsh Government has launched a house building Site Safety Charter to help construction sites reopen in line with latest health and safety guidance.

House builders are gradually returning to work after a three month layoff as a result of the coronavirus crisis.

The document demonstrates a commitment from housebuilders and the wider industry to safe working whilst Covid-19 remains prevalent as well as government support for the resumption of house building and sales activity. Stimulating house building activity can play a major part in supporting an economic recovery – as well as ensuring the supply of desperately needed new homes is maintained.

The intention is that house builders will display the Charter on their sites, reinforcing their commitment to safe working and helping reduce concerns that their workforce, neighbours and customers may have at the current time.

The charter aligns with the Welsh Government’s Coronavirus Regulations and Moving home during the coronavirus pandemic Guidance and the Workplace guidance for employers and employees: COVID19 and has been developed in agreement with  CHC Community Housing Cymru and FMB Cymru  Federation of Master Builders Cymru.

Stewart Baseley, Executive Chairman of the Home Builders Federation, said:

“Over recent weeks house builders have commenced a gradual return to work, in a structured way that ensures the safety of its workforce and the general public.

“The industry sustains thousands of people in numerous roles and associated sectors, boosting local economies across Wales. A resumption of work will play a major part in helping the economy recover as well as delivering the homes the country needs.

“It should also provide the supply chain with the confidence it needs to accelerate its own restart. The Charter is the public facing evidence which supports the very detailed protocols individual builders now have in place to ensure safe working on sites.”

Minister for Housing and Local Government, Julie James said:

“The need for a secure, safe and affordable home has never been more apparent than during the coronavirus pandemic.

“The contribution of the construction industry to creating more of these homes and the economy has also been highlighted during the crisis. This is why restarting work on building these homes in a safe and controlled manner is vital. This safe working charter will help the construction industry and the social landlords that contract them to do just that.

Aaron Hill, Head of Policy and External Affairs at Community Housing Cymru said:

“The coronavirus pandemic has demonstrated the importance of good quality, affordable homes, and the need for investment in housing to play a key part in the economic recovery in Wales and beyond.

Housing associations have worked tirelessly to maintain a safe working environment throughout this period, and we are pleased to be supporting this charter which will protect the wellbeing of all those who are required to be on construction sites. This charter will play a key part in ensuring sites can operate safely as we work together to deliver the homes Wales needs.”

Ifan Glyn, Director of the Federation of Master Builders (FMB) Cymru said:

“Getting back to building new homes to ensure that we meet housing demand is of course of great importance, but what is more important still is that we do so without jeopardising the sacrifices made to contain the virus during the lockdown period. We, the Federation of Master Builders Cymru, believe that following the commitments set out in this charter will ensure that house builders are able to get back to work safely. We are therefore very happy to endorse this Charter.”

Construction sector in Scotland gets green light for Phase 4 of Covid-19 restart plan

Construction sector in Scotland gets green light for Phase 4 of Covid-19 restart plan

Construction sites have been given the all clear to progress to Phase 4 of the Construction Restart Plan after ministers were assured the move would not affect the supply of personal protective equipment (PPE) within the NHS.

Announcing the move into Phase 4, housing minister Kevin Stewart confirmed “Controlled close working will enable the sector to carry out tasks that have not been possible since the lockdown began, but we are of course not back to business as usual yet and the health and safety of construction workers and the public remains the top priority.

“The move into Phase 4 of the restart plan is subject to appropriate use of PPE, and we have agreed to it only after making certain that this will not impact on supplies required by the NHS”

What does Phase 4 Mean

Phase 4: Steady state operation (with physical distancing, barriers or controlled close working with full PPE use).  Phase 4 will only commence once we are advised that medical style PPE supply to the NHS and Social Care staff is assured. Once this key point is reached, the wearing of such PPE (with associated discipline, such as permits to work, time limits, PPE work zones and close
supervision) will be added to the range of measures available. This means that those tasks omitted in earlier phases will now be able to be completed

Progress throughout Phase 4 will also be subject to monitoring and supervision by site management, with any data/evidence gathered (such as site Covid-19 related absences)
being used to inform continual review of management practices and arrangements to ensure safe working and physical distancing.

Full details of the phased plan are available here.

Confirmation of that work can move to stage four from 15th July is available here.

Site Operating Procedures: Scotland

Procedures based on the CLC Guidelines from Construction Scotland have also been developed and additional supporting information,  has been published by the CICV Forum Health and Safety Subcommittee.  CICV-SOP-Guidance-Book has been developed to extend this guidance mindful of the best available guidance, nationally and internationally, and serves as a guide for the management of COVID-19 on a construction site for the duration of the pandemic.

Additional Useful Resources

FIS H&S Task Assessment Tool
This tool supports analysis of common tasks in the Finishing and Interiors Sector where two metre social distancing is difficult to maintain.  This paper presents the suggestions made by an FIS task group of Health and Safety Practitioners, to support safe working.

FIS COVID-19 Guide to the Selection of Personal and Respiratory Protective Equipment
With PPE / RPE in short supply and a variety of often conflicting information and advice, FIS has produced this guide to help companies to select the right PPE and manage common construction hazardous substances e.g. dust in an environment with the added complexities of protection against COVID-19.

PPE Certificate Checklist
Are you sure that your personal protective equipment (PPE) is legal and its CE compliance certificate is genuine and relates directly to the performance of the equipment?

Guidance on managing applying PPE
As well as issuing PPE it is vital that we ensure people know how to put it on, remove it, clean it or dispose of it to ensure that we eliminate all risks.

Providing apprenticeships during the COVID-19 outbreak

Providing apprenticeships during the COVID-19 outbreak

Guidance has been updated to confirm that from 13 July 2020 providers can welcome back 19 plus apprentices into educational settings, that the flexibility to suspend level 2 functional skills for level 2 apprentices has been extended, and to provide more information on support for redundant apprentices.

This is a difficult time for apprentices, employers and providers of apprenticeship training, assessment and external assurance.  The government is committed to supporting apprentices, and employers continue to build the skills capabilities the country needs now and in the future.  There are four English Apprenticeships currently available to the Finishes and Interiors Sector:

  • Interior Systems installer – Dryliner
  • Interior Systems installer – Ceiling and Partitions Installer
  • Plasterer – Solid
  • Plasterer – Fibrous

The Education and Skills Funding Agency (ESFA) is responding by taking steps to ensure that, wherever possible, apprentices can continue and complete their apprenticeship, despite any break they need to take as a result of COVID-19, and to support providers during this challenging time.

The document sets out guidance for apprentices, employers, training providers and assessment organisations in response to the impact of COVID-19.  It outlines the changes that the ESFA is making to the apprenticeship programme during the COVID-19 outbreak.

With the introduction of urgent government measures to reduce the spread of COVID-19 and a rapidly developing situation, these guidelines reflect arrangements applied at the current time.  This guidance will be kept under active review and updated regularly with further developments.

The support ESFA are providing includes:

  • supporting employers, providers and apprentices to work together to mutually agree where and how training takes place. This includes in the workplace or assessment centre where a provider is able to do so safely and where that workplace or centre meets new ‘coronavirus secure’ guidelines on ensuring the workplace is safe.  It also includes training taking place in educational settings in line with the new guidance on wider opening from 15 June 2020, guidance for further education providers, and guidance on what FE colleges and providers will need to do from the start of the 2020 autumn term.
  • confirming flexibilities to allow furloughed apprentices to continue their training and to take their end-point assessment, and to allow existing furloughed employees to start a new apprenticeship, as long as it does not provide services to or generate revenue for their employer.
  • encouraging training providers to deliver training to apprentices remotely, and via e-learning, as far as is practicable.
  • allowing the modification of end-point assessment arrangements, including remote assessments wherever practicable and possible, this is in order to support employers, providers and end-point assessment organisations (EPAOs) to maintain progress and achievement for apprentices.
  • clarifying that apprentices ready for assessment, but who cannot be assessed due to COVID-19 issues, can have their end-point assessment rescheduled.
  • apprentices whose gateway is delayed can have an extension to the assessment time frame.
  • enabling employers and training providers to report and initiate a break in learning, where the interruption to learning due to COVID-19 is greater than 4 weeks.
  • confirming that, where apprentices are made redundant, it is UK Governments ambition to find them alternative employment and continue their apprenticeship as quickly as possible and within 12 weeks. If you are making apprentices redundant please contact FIS.
  • confirming that where apprentices are made redundant and are ready to go through gateway, that providers and EPAOs are able to make the necessary assessment arrangements to support these apprentices.
  • confirming that ESFA are extending the transition period onto the apprenticeship service. Funds available for new starts on non-levy procured contracts can now be used until 31 March 2021.  All starts will be through the apprenticeship service from 1 April 2021.

UK Government are keeping the developing situation, and guidance, under review and will continue updating this guidance as new information is available and/or the situation evolves.

ESFA information should be read alongside the government’s COVID-19 guidance and support for businesses, in particular the salary support for furloughed employees, which also applies to apprentices.

ESFA have also broken down some of this guidance into articles for employers, training providers and EPAOs, as well as articles for apprentices.  These can be found on the ESFA Apprenticeship Service Help page.

Further information is available from the Institute for Apprenticeships and Technical Education

Provisions IFATE on the delivery of assessment.

HMRC clarifies new Coronavirus Job Retention Scheme guidance

HMRC clarifies new Coronavirus Job Retention Scheme guidance

HMRC has published revised guidance on the Coronavirus Job Retention Scheme for both employers and employees which clarifies the position about the ability to claim the scheme’s grants for wage costs during notice periods.

The wording added to the employer’s guidance states:

“You can continue to claim for a furloughed employee who is serving a statutory notice period, however grants cannot be used to substitute redundancy payments. HMRC will continue to monitor businesses after the scheme has closed.”

After studying the guidance, FIS Associate Member Citation, highlighted two important points:

  • Firstly, the revision deals with notice periods generally and therefore this will apply in any case where notice is being served – not just redundancy.
  • Secondly, the guidance remains unclear on the position where employers are contractually required to give longer notice periods than the statutory minimum (1 week if employed between 1 month and 2 years and after that, 1 week for each full year worked up to a maximum of 12 weeks). Our advice would be that if you want to claim for notice periods beyond the statutory minimum, you should contact HMRC to confirm that this is acceptable.

FIS has created a COVID-19 Employment Toolkit to support companies in managing their workforce.

Benchmarking use of Facemasks and PPE

Benchmarking use of Facemasks and PPE

BuildUK carried out a snapshot survey of its Contractor members in June 2020 to understand their current policies on the provision of face coverings to workers in response to coronavirus.

The survey questions were based on the assumption that members:

  • had undertaken a risk assessment, implemented the hierarchy of control measures within the Site Operating Procedures, and still had specific tasks that required individuals to work within
    two metres of each other
  • provide suitable PPE, including face masks or RPE, where identified for particular tasks.

BuildUK received responses from 94% of members and this report summarises the approaches being taken.

Q1: Where workers are able to maintain social distancing of two metres, what is your policy regarding the provision of face coverings?

  • 29 companies do not provide, or require, a face covering
  • 3 companies provide either face masks or visors on request
  • 1 company requires face masks (Type II R) to be worn for all tasks

Q2: Where workers are not able to maintain social distancing of two metres, what is your policy regarding the provision of face coverings?

  • 23 companies require face coverings to be worn for all tasks undertaken within two metres
  • 5 companies undertake a task-specific risk assessment to determine if face coverings are worn
  • 4 companies do not require face coverings to be worn
  • 1 company does not undertake any activity within 2 metres

Q3: If you require face coverings within two metres, what type is provided?

Of the 23 companies that require face coverings for all tasks undertaken within two metres:

  • 11 provide an FFP2 face mask
  • 4 provide a cotton face mask
  • 3 provide a Type II R face mask
  • 2 provide an FFP3 face mask
  • 2 provide a visor
  • 1 provides a Type I face mask

Additional Resources:

FIS COVID-19 Health and Safety Toolkit

FIS COVID-19 Guide to the Selection of Personal and Respiratory Protective Equipment