Care Industry Consequences for Life after Brexit

Monday, 27th June 2016

Immigration from the EU was, perhaps, the most controversial element of the debate. The Leave campaign claimed that Brexit – Britain’s departure from the EU – would enable the UK to recruit carers from outside the EU. Furthermore, it said, money would be saved as these immigrants would no longer be able to access NHS and other resources.

In fact, as you are doubtless aware, the care sector is reliant on a significant number of immigrants. Statistics show that in England alone nearly 20% of workers were not born in the UK. However many of these workers already come from beyond the EU: around 191,000 of the total care workforce and of the top five countries contributing most to the UK care workforce only two are members of the EU.

The Vote Leave campaign claimed that leaving the EU would help address concerns about recruitment: “If we vote to leave the EU on 23 June we take back control over immigration policy and can end the discrimination against people coming to live and work here from outside the European Economic Area. That will mean we can bring a permanent end to the problem care providers have had hiring nursing and other staff from outside the EU.”

Following its victory, the Leave campaign has, however, already begun to backtrack somewhat on these claims. Whilst the Leave leaders have expressed their desire for the UK to remain within the single market, European leaders, including German Chancellor Angela Merkel, have mocked the idea that this could be achieved at the same time as bringing an end to free movement of people.

The Vote Leave campaign made much use of the £350m figure to support claims that there would be additional money to spend on public services following Brexit although this figure was disputed by many, including the UK Statistics Authority.

Britain Stronger in Europe added that “if we left Europe, public spending would take a hit to the tune of £36bn – equivalent to a third of the NHS budget. That would mean deep cuts to public services, including the NHS… For those working in care, being in the EU means better protection for workplace rights, including shared maternity and paid holiday entitlement. Leaving Europe would be a leap in the dark that would put the care sector and the jobs it supports at risk.”

Again, Leave campaigners are now distancing themselves from the £350 million figure and, following some day of economic turmoil, it seems increasingly unlikely that the UK will find itself in the position of having a cash windfall to spend on anything.

With regards to legislation, the implementation of the Manual Handling Operations Regulations, 1992 has ensured minimum health & safety standards, with regards to manual handling, for employees and employers across the European Union. Another piece of legislation, contentious to some, which has a particular bearing on the care industry is the Working Time Directive. This Directive has set limits on working hours and, thereby, reduced stress, depression and other illnesses associated with prolonged working times. Among other things, the WTD limits weekly working hours which should not exceed 48 hours on average including any overtime; requires a rest break during working hours if the worker is on duty for longer than 6 hours and paid annual leave of at least 4 weeks per year.

The MHOR, ’92 and the WTD, however,fall into a category of legislation that is often disparaged by Euro-sceptics primarily because it was (a) initiated by the European Union and (b) concerns health and safety. Ms Priti Patel, a Conservative MP and one of the leading ‘Out’ campaigners, claimed that ‘If we could just halve the burdens of the EU social and employment legislation we could deliver a £4.3 billion boost to our economy and 60 000 new jobs.’

In the immediate aftermath of the vote to leave the EU, there seems a desire by some in Government circles, to kick the issue into the medium-length grass. Delivering his resignation, David Cameron passed the decision regarding the timing of Brexit to his eventual successor. There is now talk that the implementation of Article 50 which will commence the two-year Brexit negotiation may not take place until around the time of the next General Election in 2020. It is therefore not easy to guess not only what the outcome of these negotiations will be but when they are even likely to get under way.