Weston Jet Foil & Manston

You will all have seen the terrible scenes over the weekend at Dover Western Jet Foil Terminal (WJF) and the subsequent highlighting of the ongoing issues at Manston, issues PCS have been raising for several months. It is a sad inditement that only following the bombing are the issues at Manston receiving the full attention it deserves.

Importantly no members that were on duty at WJF were injured and PCS want to put on record our thanks to those whos actions calmed a dangerous and scary situation. PCS have met with most officers that were present and welcome the Departmental support being offered to those and anyone affected by this incident.

PCS will continue to monitor the situation and push for the risk assessment to reflect the recent developments.

PCS had continued to raise concerns regarding both WJF and Manston however it is only now that the concerns we have been expressing for several months are getting the attention they deserve.

Manston was initially set up to relieve the pressure at the WJF with between 1000 and 1500 individuals to be held for no more than 24 hours and then moved on to other accommodation. PCS have continually raised lack of alternative accommodation as a concern, sadly a year plus on from when first raised the situation is worse than ever. This has resulted in individuals being held for weeks rather than hours in sub standard accommodation. The Home Office knew the numbers forecast for this year were higher than previous years but again Home Office were unprepared and left wanting. These delays raise questions on the legality of the detentions a concern raised by both PCS and a number of charitable organisations. We will use all options available to reduce the numbers up to and including legal action.

These delays and the conditions described by the independent inspector as “wretched conditions”, have lead to unrest amongst those on site, resulting in increased number of incidents by migrants towards each other and staff on the site. As described to me “this is a powder keg ready to explode”. Added to this, the improvised weapons that are being found and the unacceptable ratios of officer to migrant are raising the anxiety levels (quite rightly) amongst members. PCS will continue to seek greater protection for members employed and operating in these areas and that they are adequately protected by the Home Office.

Then on Monday the current Home Secretary made a statement in the House of Commons about the situation at Manston. In refusing to accept any personal responsibility for the situation at the site, Ms Braverman stated that the UK was faced with an “invasion of our southern coast”. The use of this kind of hugely divisive and inflammatory rhetoric by a civil servant would rightly see them reprimanded.

Furthermore, using language which has the potential to stoke fear, resentment and hatred debases her office and does nothing to resolve the situation. In addition, as has been seen with the attack on the Western Jet Foil at the weekend, there is a duty to moderate language which could inflame already heightened tensions.

What can I do

It is vital that all incidents YOU believe are near misses are reported on the AIR form, and you have a right to ask for and get time to complete it. You should also include any verbal or threatening action towards you. PCS would also ask you to forward copies to either your Branch Secretary or Kevin.Mills@homeoffice.gov.uk we are sadly unsighted on many due to a change in procedure by the Department.

As a direct result of the concerns raised by you with PCS we have produced the attached guidance and proforma protest/objection letter,should members wish to formalise their legitimate concerns.These letters should be signed and dated and returned to andrew.smith19@homeoffice.gov.uk They will be used to guage the level of anxiety and apprehension experienced whilst conducting these duties. The information will not be released to BF/IE management at this stage. Following collation further communications will be released informing members of the next steps

As previously stated PCS will continue to seek legal guidance and explore steps to improve conditions. We will also continue to call on all involve, but particulary those in positions of authority not to use inflamatory language and retoric. We never want to see our members lives put at risk through incidents such as we saw on Sunday. You the members are on the front line doing a difficult job and deserve better.

Kevin Mills (Assistant Group Secretary, Border Force)

HO/MB/025/22 – Annex 1

Advice to BF & IE staff assigned to Manston and Western Jetfoil Terminal

Can employees refuse to carry out tasking whilst conducting their duties when searching and controlling migrants arriving by small boat at the Western Jetfoil Terminal; Or when transferring to Manston processing / holding facility; Or transferring to other holding facilities?

The decision of the Home Office Senior leadership Teams to deploy and operate systems to control and hold migrants has raised a number of concerns amongst PCS members in respect of their own safety or the safety of those in their care. We have been asked if members can refuse to work in these circumstances.

The purpose of this briefing is to provide general information about the protections which the law provides to employees who refuse to work in certain circumstances. Before going any further, we should make one thing absolutely clear: 

This briefing provides general information about statutory rights which are available to all employees in the UK. We are not advising you to do, or refrain from doing, anything.

If you have a particular concern about your situation at work, please seek advice in the first instance from your branch.

Legislative Protection

Domestic legislation provides various health and safety protections to workers. In particular Sections 44 and 100 of the Employment Rights Act 1996 (ERA) make it unlawful for an employer to subject someone to a detriment or dismiss them in certain prescribed circumstances. There is no qualifying period of employment for these protections.

Grounds for Protection

Importantly these protections apply in either of the following situations:

1. In circumstances of danger which the employee reasonably believed to be serious and imminent and which they could not reasonably have been expected to avert, they left (or proposed to leave) or (while the danger persisted) refused to return to their place of work or any dangerous part of their place of work (Sections 44 (1) (d) and 100 (1) (d) ERA); and

2. In circumstances of danger which the employee reasonably believed to be serious and imminent, they took (or proposed to take) appropriate steps to protect themselves or other persons from the danger (Section 44 (1) (e) and 100 (1) (e) ERA).

Annex 2 Manston Opt-Out

To: COO of relevant department

I ……………………………………….…. am an operational Home Office employee. I have serious concerns regarding my safety, the safety of my colleagues and the safety of those migrants within my care, when conducting my duties at the Western Jet Foil Terminal at Manston and/or during vehicular transfers to Manston or other holding sites.

I have been provided with copies of the current Risk Assessments and Safe Systems of Works and understand the role and responsibilities expected of me.

I have been appraised of the various concerns and reservations raised by the PCS surrounding Health & Safety and the legality of operations and holding facilities. Migrant small boat arrivals continue, resulting in huge numbers being processed and held.

My concerns include:

• The detection of improvised weapons on Manston site.

• The ratio of migrants to BF staff during transfers and attacks on staff.

• The increased tension / potential for riots due to the length of time taken to process migrants at Manston leading to stays in excess of 7 days as per short-term holding facility rules 2018 and Home Office guidance.

• I am not trained to undertake the type of work conducted at Manston.

• The interpretation of detention legislation by the Home Office regarding Manston as a short-term holding area and the length of time we hold migrants.

It is my genuine belief that continuing to conduct these processes would present a serious and imminent danger to myself or others. This could potentially endanger the lives of people resulting in death, manslaughter investigations and litigation for acting outside of UK law.

I therefore wish to register my legitimate concerns and ask to be removed from this type of work process.

Signed ……………………………………………... Date …………………………….