29th May 2024: UK ministers pressed ahead with seasonal worker visa scheme for migrants despite UN experts’ warning of forced labour and human trafficking risks
UK ministers announced in May 2024 that the seasonal worker visa scheme would be extended until 2029. United Nations experts raised serious concerns about the risk of exploitation of migrant workers on UK farms with the Foreign Office just weeks before the visa scheme was extended.
Original Source: The Independent by Emiliano Mellino and Holly Bancroft
Migrant fruit pickers who come to the UK to work on farms are being saddled with debts before they arrive. Some have reported exploitation on the farms, including punishment for not meeting targets, discrimination, and poor living and working conditions.
The workers pay middlemen who help them get jobs through the government’s seasonal worker scheme, which has been extended to 2029.
In a letter sent in March to the foreign secretary David Cameron, and only recently made public, four UN special rapporteurs expressed concerns about reports of abuse taking place through the scheme.
They said that, while the UK government recognises that migrants on the seasonal worker visa “may be more vulnerable and open to exploitation than other workers”, the oversight of the farms has been “insufficient”.
They raised a number of individual cases, which they claimed “illustrate the general, underlying shortcomings in ensuring decent working and living conditions of migrant workers in the country”.
The UN special rapporteurs criticised regulators the Health and Safety Executive and the Gangmasters and Labour Abuse Authority for not appearing to “have taken timely and adequate action”.
They criticised the way the visa scheme was set up, which the experts said was “stopping many workers from reporting exploitation”.
The special rapporteurs, who are the UN’s independent experts on human rights issues, told the government they had similar concerns about the health and care worker visa.
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See also Independent 2nd June 2024: Vulnerable workers coming to UK in post-Brexit deal at risk of bullying and sexual harassment, report finds
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In early May, environment secretary Steve Barclay extended the seasonal worker visa for five years to 2029, citing the labour shortages in the farming industry.
A total of 43,000 visas are available in the horticulture sector in 2025, with another 2,000 visas for poultry, the Department for Environment, Food and Rural Affairs (DEFRA) said.
Labour MP John McDonnell said urgent work is needed to stop exploitation in the farming sector.
He said: “Migrant workers are the most exploited section of what has become known as the precariat. Their exploitation and the appalling treatment they receive at the hands of often brutal profiteering employers verges on modern day slavery. We urgently need comprehensive strong legislation and enforcement to tackle this stain on our economy.”
Much of the UN letter focused on allegations of underpayment and poor working conditions at Haygrove Ltd, one of the UK’s biggest fruit producers, and the recruitment of workers by Fruitful Jobs, one of the government-licensed recruiters for the seasonal worker visa scheme.
In response to the UN letter, Fruitful Jobs said it could not comment on the concerns rapporteurs had with the wider industry, but refuted any allegations against Fruitful Jobs. It made clear that Fruitful Jobs does not request or facilitate any form of payment from migrant workers for recruitment services.
Haygrove also disputed the allegations, saying that it treats workers well, adhering to all standards. Haygrove said that in a recent Home Office audit no evidence of wrongdoing, labour exploitation or modern slavery was found.
Last year, a Bureau of Investigative Journalism investigation spoke to Latin American workers, employed at Haygrove, who claimed they were not paid for all the hours they worked, were punished by being denied work, and had faced bullying on the farm. One person said they were physically assaulted by a supervisor.
Haygrove, which has fruit-growing farms in the UK, South Africa and Portugal, has denied all the allegations. It refuted any allegation of bullying or discrimination, and said pickers were paid for all the hours that they worked. It said the company was not aware of the alleged incident with the supervisor as no formal complaint was raised but that it would investigate.
In the letter, the UN special rapporteurs said the Home Office decided that there were reasonable grounds to conclude that four workers employed by Haygrove could have been victims of modern slavery. In all four cases a final decision is pending. The special rapporteurs wrote that based on the information they received, some of the individuals would fall under the definition of victims of trafficking.
Haygrove said the UN experts’ views “give the false impression that there are serious and systemic issues with the way in which Haygrove’s seasonal workers are treated in the UK”, adding that it refutes such allegations “in the strongest terms”.
Haygrove said the reported concerns related to an isolated incident of discontent amongst workers in July last year. It added that, while the company recognised some workers on UK farms paid high fees to secure employment, this was not the case for workers recruited by Fruitful Jobs or working on Haygrove’s farms.
In its response, the government said it would not comment on ongoing investigations and that those who are “interested in the fair and unbiased application of the law” should “refrain from unhelpful public commentary or speculation”. It added that licensed recruiters known as “scheme operators” are responsible for placing workers on farms and ensuring their welfare. Failure to comply with rules “could” result in these recruiters losing their licences, it said.
The seasonal worker visa scheme was launched in 2019 to address labour shortages in the agricultural sector, which were expected to be exacerbated by the UK’s exit from the European Union. The scheme was rapidly expanded from an initial 2,500 workers coming in the first year, to more than 30,000 last year. Earlier this month the government announced that the scheme would be extended until 2029.
Robyn Phillips, director of operations at the Human Trafficking Foundation, said addressing the exploitation of workers on certain visas, such as the seasonal worker visa, health and care visa and overseas domestic worker visa “must be a key consideration for a future government”.
The letter was signed by the special rapporteurs on contemporary forms of slavery, on the human rights of migrants, and on trafficking in persons, as well as the chair-rapporteur of the working group on the issue of human rights and transnational corporations and other business enterprises.
A government spokesperson said: “The seasonal worker route has been running for five years, and each year improvements have been made to stop exploitation and clamp down on poor working conditions while people are in the UK.
“We have a set of published requirements for organisations holding a sponsorship licence which make clear that those who benefit directly from migration are responsible for ensuring the immigration system is not abused. We will always take decisive action where we believe abusive practices are taking place or the conditions of the seasonal workers route are not met.”
Bureau of Investigative Journalism 29th May 2024: Government expanded visa scheme weeks after UN raised alarm over people trafficking
Original Source: The Bureau of Investigative Journalism by By Emiliano Mellino and Holly Bancroft – 29th May 2024
Experts wrote to David Cameron in March warning that workers on a UK farm could be victims of modern slavery
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Some migrant farm workers on a UK government visa scheme were allegedly trafficked to the country, according to United Nations human rights experts.
In a letter sent to David Cameron, the UK’s foreign secretary, four UN special rapporteurs said the government knew that workers were at risk of exploitation and its oversight of the farms had been “insufficient”. Weeks after receiving the letter, the government extended the scheme until 2029.
The letter detailed how migrant workers have reportedly been deceived about working and living conditions, and had faced abuses including discrimination, mistreatment, wage theft, low salaries and punishment for not meeting targets.
The laws and practices around the visa scheme made seasonal workers particularly vulnerable to exploitation, the experts said. They added that systemic change was needed.‘The appalling treatment of migrant workers verges on modern-day slavery’
“Given the conditions reported to us, we are concerned that [regulatory] entities do not appear to have taken timely and adequate action,” read the letter, which was sent in March and made public in mid-May.
Labour MP John McDonnell said overseas workers are among the most exploited people in the farming sector. He called for urgent protections for them.
“[Migrant workers’] exploitation and the appalling treatment they receive at the hands of often brutal, profiteering employers verges on modern-day slavery,” he said. “We urgently need comprehensive, strong legislation and enforcement to tackle this stain on our economy.”
Much of the UN experts’ letter focused on allegations of underpayment and poor working conditions at Haygrove Ltd, one of the UK’s biggest fruit producers, and Fruitful Jobs, one of the government-licensed recruiters for the visa scheme.
Last year, the Bureau of Investigative Journalism (TBIJ) reported allegations that Latin American workers employed at Haygrove had not been paid for all the hours they had worked, had been punished by being denied work and had faced bullying on the farm. One person had been physically assaulted by a supervisor, colleagues said.
About 90 Haygrove workers staged a wildcat strike and some were told by the managing director of Fruitful Jobs that if they continued to protest, their visas would be revoked.
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Haygrove told TBIJ at the time that it rejected all allegations of wrongdoing in the “strongest terms” and had found no evidence of any mistreatment by supervisors. Fruitful Jobs said the managing director had been trying to resolve the issues with the workers.
The Home Office believes that four of the workers at Haygrove could have been victims of modern slavery, according to the UN experts’ letter.
They wrote that, based on the information they had received, these people would fall under the definition of victims of trafficking.
The experts also sent letters to Haygrove and Fruitful Jobs. They asked for clarification on what was being done to protect workers and called for compensation for those who had been victims of modern slavery.
The UN officials said they had received reports that Haygrove had promised people future work in order to “prevent them from reporting the labour exploitation suffered at the farm”.
The workers had been referred to the government’s scheme designed to support modern slavery victims, known as the national referral mechanism (NRM). In some cases, though, they were not receiving help with housing, mental health, healthcare or repatriation, according to the special rapporteurs.
One of the workers, who subsequently went to London, has “reportedly been deceived and abused by UK citizens who have employed him for small jobs without paying him”, the letter said.
In a response published last week, the government said it would not comment on individual allegations. It said licensed recruiters, known as “scheme operators”, are responsible for placing workers on farms and ensuring their welfare. Failure to comply with rules could result in the recruiters losing their sponsor licence.
The government also acknowledged that decision making on the NRM was slow, but said a new compliance team had been established to monitor the seasonal worker visa.
It said 1,116 workers were interviewed at 144 farms in the 2022-23 season. That figure represents a decline in the number of workers interviewed at each farm, from an average of 44 in 2021 and 2022 to just under eight, according to inspection reports seen by TBIJ.
After being contacted by TBIJ, Haygrove and Fruitful Jobs sent separate responses to the UN letter. Haygrove chairman Angus Davison wrote that the allegations were “materially incorrect” and gave a “false impression” that there were systemic issues “akin to labour exploitation or modern slavery” in how the company treated its workers in the UK.
He said that workers are fully informed about the terms and conditions of their employment and are paid at least the national living wage, with legal deductions for accommodation offsets and wage advances only.
Davison said that Haygrove would be paying workers for the time they spent travelling between company sites as “a goodwill gesture” in 2024.
He said the farm offered future employment opportunities “not [as] a means to silence complaints but to provide continued work for those who wish to return”.
Responding to the UN special rapporteurs, Fruitful Jobs said it “strongly refutes any allegations”. It said its recruitment process was open, transparent and complied with minimum wage legislation. It said it took the issues around the experience of workers at Haygrove seriously and works closely with farms to provide workers with a formal complaints mechanism.
The seasonal worker visa scheme was introduced in 2019 to address labour shortages in the agricultural sector, which were expected to be exacerbated by the UK’s exit from the European Union.
The scheme has been rapidly expanded from an initial 2,500 workers coming in the first year, to more than 30,000 in 2023. This month, the government announced that the scheme would continue to be extended until 2029.
The letter was signed by Tomoya Obokata, the special rapporteur on contemporary forms of slavery, Gehad Madi, the special rapporteur on human rights of migrants, and Siobhán Mullally, the special rapporteur on trafficking in persons. It was also signed by Robert McCorquodale, the chair-rapporteur of the working group on the issue of human rights and transnational corporations and other business enterprises.
Additional Reading:
See also Independent 2nd June 2024: Vulnerable workers coming to UK in post-Brexit deal at risk of bullying and sexual harassment, report finds
BHRRC 23rd May 2024: UK – Leading supermarkets asked to meet costs of implementing the Employer Pays Principle across supply chains by civil society group (see 9th May 2024 below); incl. company responses
Bloomberg 22nd May 2024: Fruit Picker Who Said Her Hands Bled From Work Sues UK Employer
Seasonal Worker Scheme Taskforce Update 17th May 2024: SWS Taskforce update on Employer Pays Principle study
GROCER 10th May 2024: SOURCING Workers’ groups call on supermarkets to pay seasonal labour fees – The groups said there are risks farmers will be unable to comply to new rules
Guardian 9th May 2024: UK Government says employers may be required to pay travel and visa costs for people getting seasonal worker visas
9th May 2024: Landworker’s Alliance and Allies call for UK supermarkets to pay recruitment related fees and costs for migrant workers
April 30th 2024: BBC World –England again employs seasonal fruit pickers from Indonesia (translation)
The Grocer 30th Apr 2024: Growers brace for up to £90m in additional seasonal worker costs in UK in move towards internationally compliant zero cost responsible recruitment model for vulnerable migrant workers
3rd April 2024: Financial Times (London) UK employment – Britain’s seasonal worker scheme leaves many migrants in debt, research finds
3rd April 2024: Independent – Migrant fruit pickers saddled with debts of up to £5,500 to come to UK through government scheme
26th January 2024: UK Seasonal Worker Scheme Modern Slavery Issues: Indonesian seasonal fruit pickers landed in debt bondage challenges Home Office
26th Jan 2024: ATLEU – UK government fails to protect workers from trafficking and exploitation
26th Jan 2024: ATLEU – Challenge to government’s Seasonal Worker Scheme
25th Jan 2024 Home Office: UK government survey on experiences of seasonal workers scheme confirms the exceptionally high levels of issues (confusion, fees etc) faced by Indonesian and Nepali workers in 2021/2022
24th Jan 2024: ATLEU – Seasonal worker recognised as a potential victim of trafficking
12th January 2024: UK government ‘breaching international law’ with seasonal worker scheme, says UN envoy
FLEX 6th Nov 2023 – FLEX on the House of Lords Horticultural Committee report
FLEX 26th Oct 2023 – Seasonal Workers’ Rights; Who’s Responsible?
21st July 2023: Vulnerable UK migrant workers at risk as audits of farm recruiters stall
17th March 2023 BHRRC Blog Series: UK Seasonal Worker Scheme Endangers Vulnerable Foreign Workers. (My Op Ed)
23rd February 2023: Farm workers on UK seasonal visas to be guaranteed 32 hours a week
Other stories on challenges of UK seasonal worker scheme:
1. Working in the UK: Hundreds of Indonesian Citizens Escape, More Than 1,200 Workers from Indonesia Threatened to Cancel (BBC, 16th Feb 2023)
2. AG Recruitment, UK recruiter of debt-hit Indonesian and Nepali migrant workers, loses seasonal workers scheme license following forced labour related allegations, worker abscondments and asylum claims (Guardian, 10th Feb 2023)
3. Indonesian former fruit pickers become illegal immigrants and asylum seekers in the UK – ‘This is the easiest shortcut’ (BBC, 26th Jan 2023)
4. Home Office accepts recommendations in Chief Inspector’s report on immigration system as it relates to the agricultural sector (Freeths, 16th Jan 2023)
5. Immigration: Investors warn food companies about risk of forced labour on UK farms (Financial Times 19th Dec 2022)
6. Investor statement on the UK Seasonal Worker Scheme (Public Investor Statement 19th Dec 2022)
7. Hundreds of Indonesian fruit pickers in UK seek diplomatic help (Guardian, 2nd Dec 2022)
8. Seasonal worker visa puts migrants at risk of exploitation, say supermarkets (Guardian, 2nd Dec 2022)
9. Seasonal fruit pickers from Nepal left thousands in debt after being sent home early from UK farms (Guardian, 13th Nov 2022)
10. Indonesia to investigate claims fruit pickers in UK seasonal agricultural workers scheme charged thousands to work in Kent (Guardian, 29th Aug 2022)
