The requirement under Part 7 of the Immigration Act 2016 that a public authority must ensure that each person who works in a customer-facing role speaks fluent English will come into force on 21 November 2016, as confirmed by the Immigration Act 2016 (Commencement No 2) Regulations 2016. The Government has published a ‘Code of practice on the English language requirement for public sector workers’ which aims to assist public authorities in meeting their statutory duty, with key aspects being:
- The duty applies to staff who, “as a regular and intrinsic part of their role”, are required to speak to members of the public in a customer-facing job.
- Setting the necessary standard of English proficiency will depend on the type of customer-facing role and each public authority must carefully consider the nature and extent of the spoken communication which is necessary for effective performance.
- Employers must satisfy themselves that an individual has the necessary level of fluency appropriate for the role they will be undertaking, whether an existing or a potential new member of staff.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
