Public-sector English fluency requirements come into force

New English language requirements for public-sector workers in customer-facing roles come into force on 21 November 2016, following the publication this week of provisions under the Immigration Act 2016.

Workers must be sufficiently fluent in English, or – in Wales – in English or Welsh, for the effective performance of their role when the requirements come into effect.

The Government has published a code of practice to help employers meet the language requirements.

According to the code, the standard of English or Welsh required for a role will depend on factors such as the frequency, topic and length of spoken interaction, and the significance of spoken interaction for service delivery.

Public-sector authorities need to ensure that their HR policies and practices incorporate the language requirements, such as during recruitment.

Agency staff and self-employed contractors used by public bodies to provide customer-facing services must also meet the requirement.

Public-sector employers should apply the language requirements strictly to the required standard for the role, and ensure that they do not discriminate based on a worker’s race, nationality, ethnic origin or disability.

“The code was published in July of this year, with the language requirements initially expected to come into force in October. However, some public-sector employers may find themselves pressed for time, with only three weeks left until the 21 November implementation date,” said a source.

The language requirements will apply to public-sector employers, including:

Implementation date of public-sector language requirements

On 31 October, secondary legislation was published to bring into force ss.77 to 84 of the Immigration Act 2016 on 21 November.

• central Government departments;
• non-departmental public bodies;
• councils and other local government bodies;
• NHS bodies;
• state-funded schools;
• the police and the armed forces; and
• public corporations.

Voluntary-sector and private-sector providers of public services do not have to apply the language requirements.