22.07.16
Public sector workers to be required to speak fluent English
All public sector workers in customer-facing roles will now be required to speak fluent English, or English and Welsh in the case of bodies in Wales, under new legislation.
The policy, a manifesto commitment from the Conservative party at the last election, has now passed into law after the Immigration Act 2016 received royal assent on 12 May.
The government has now published new draft guidance to all public sector bodies about implementing the legislation, which expands English language requirements that already apply to professions such as NHS workers and teachers.
It says that public sector authorities “should consider providing training or re-training to support their staff to meet the requirements of the fluency duty”.
It says that if staff do not meet the necessary standards, their role could be adjusted to reduce spoken communication with the public or move them to a non-customer facing role.
Dismissing employees for failing to fulfil the requirement should only be undertaken “as a last resort”, for instance if a member of staff has unreasonably refused to undergo training.
Whether the policy applies to agency workers depends on the agreement between the agency and the public authority.
Public bodies must also provide a mechanism for members of the public to complain if they are failing to fulfil the new duty.
According to the government assessment of the new policy, implementing it will cost £5.8m and the financial benefits are unknown.
The government also said it had no figures for how many public sector workers are currently not sufficiently fluent, but estimated it could be as little as 0.4%.
The assessment also says that an equality analysis of the policy, under the Equality Act 2010, also found that there was “a potential risk” that workers from ethnic minorities, non-British workers and workers with disabilities may be exposed to discrimination as a result of the policy. However, it said that it expected “policy intent and existing safeguards” would minimise the risk of discrimination.
(Image c. Ian Nicholson from PA Archive and Press Association Images)
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