OFFICIAL – SENSITIVEOFFICIAL – SENSITIVE

English Language Requirement for Public Sector Workers

Draft Code of Practice Consultation

OFFICIAL – SENSITIVE

Introduction

2

Government Manifesto

Commitment

“legislate to ensure that every public

sector worker operating in a

customer facing role must speak fluent

English.”

Immigration Bill 2015-16

Introduced to Parliament as

Part 7

Draft Statutory Code Of Practice

Formal consultation launched

Policy Development

17 September

13 October

14 April

OFFICIAL – SENSITIVE

Scope – Functions of a Public Nature

3

The policy is maximalist in its definition of the public sector, and defines public authorities as all organisations or persons exercising a function of a public nature.

It will capture all customer-facing staff directly employed by these organisations,as well as staff substituting for directly employed staff (e.g. agency workers, individual contractors and consultants).

It will not at this stage cover private and voluntary sector providers of public services, but the Minister for the Cabinet Office has reserved a power to extend to these groups.

Public Authorities

Temp Staff and Sub-Contractors Third Sector

Voluntary Sector

Private Sector Agreement with Public Authority

OFFICIAL – SENSITIVE

Approach

4

Aim

Engagement Strategy

Government Response

Our overall ambition is to ensure the Code of Practice is fit for purpose and provides the necessary level of guidance to enable public authorities to meet the new duty.

In addition to the online consultation, we will target specific stakeholders in order to obtain a more in-depth and focused level of engagement. This targeted consultation is necessary to produce an informed Code of Practice, which is essential to the successful implementation of the new duty.

We expect to analyse responses from the consultation and key stakeholder engagements early in 2016. This will help shape, develop and finalise the Code of Practice for publication, and take clear account of any impact to implementation.

Transition

Following Royal Assent, there will be a transition period to align processes and procedure to the new duty.

OFFICIAL – SENSITIVE

Balancing the Policy Intent

5

Policy Intent

Application & Delivery

The Public Sector is extensive and diverse. The policy intent to have a common requirement for spoken English across customer-facing roles, provides flexibility and autonomy to public authorities to ensure they are able to implement the necessary standard across different roles and functions.

OFFICIAL – SENSITIVE

The Policy in Practice

6

• Existing staff and new starters

• No higher standard than necessary

• Describe the required level of spoken English – the Common European Framework for Languages

• Testing at interview

• Making members of the public

aware

• Training, re-deployment and

dismissal

• Alignment to existing processes

• Additional obligations

OFFICIAL – SENSITIVE

Workshop Objectives

7

Policy intent and guidance within the draft Code of Practice

Policy intent and guidance within the draft Code of Practice

Content and provisions in the draft Code of Practice

Content and provisions in the draft Code of Practice

Test

New burdens, impacts and cost implications

New burdens, impacts and cost implications

Case studies or relevant examples to support the draft Code of Practice

Case studies or relevant examples to support the draft Code of Practice

Understand Evidence Identify

OFFICIAL – SENSITIVE

Consultation

8

1 2 3 4

5 6 7 8

GuidanceLegal Obligations Standards

Best Practice

Extension Cost Affect Complaints

Enforcement

Data

Examples

No of Workers

Employment Status

Impact

BurdenPrivate Sector

Voluntary Sector

No of Workers

Definitions

Alignment

Adherence

Existing

Minimum

Case Studies

Transition Period Key

Questions

The consultation aims to gather views on the content, scope and potential impact of the Code of Practice. Each authority and/or profession may need to take more specific questions into consideration.

Efficiency Public Confidence Health and Safety

OFFICIAL – SENSITIVE

Estimated Costs and Assumptions

9

Key Considerations – gathering information and evidence

• Assumptions on familiarisation costs - how

much of a burden would this be?

• Complaints/Appeals - possible costs resulting

from an increased volume.

• Recruitment - test any possible recruitment-

related costs.

• Remedial Action - what is the expected

percentage of training/re-deployment?

OFFICIAL – SENSITIVE

Next Steps

10