An article in The Grocer in December 2024 articulated the concerns of many that the Seasonal Worker Scheme was not working as well as it needed to. This is beyond disappointing for the horticulture sector, which has waited a long time for a new scheme; where things have gone wrong, lasting damage has ensued. Sponsor licences have been revoked; human rights issues have been raised, with accompanying calls for higher wages; and legal claims lodged. Amid growing concerns that seasonal workers are facing increasing levels of abuse, farmers and growers find themselves at the sharp end of increasing enforcement powers as exploitative practices come to light. Sometimes, the unwary suffer more than the unscrupulous.
Government determined to tackle exploitation
Some growers want to change the way the scheme operates, including extending the maximum period that workers can stay from the current six months to nine, and to be able to recruit directly rather than via the Defra-approved scheme operators. This latter suggestion has provoked fears that workers are even more likely to be at risk from exploitation, something that concerns various bodies including the Gangmasters & Labour Abuse Authority (GLAA), which issues licences to those supplying workers to the agricultural sector.
According to the GLAA, charging recruitment fees, use of unlicensed gangmasters, sub-standard accommodation and financial exploitation (such as inadequate pay and withheld wages) are the most frequent complaints from seasonal workers. These allegations are supported by a recent report from the Seasonal Worker Interest Group, which revealed evidence of widespread serious abuse amounting to modern slavery including trafficking, debt bondage, forced labour, racism, and threats of being sent home.
We have had to advise on the legal fall-out experienced by some farmers and growers who, having failed to carry out the correct right to work checks after using unlicensed gangmasters to recruit their workforce using false documentation, faced fines running into thousands of pounds. Reputations are at risk; Home Office inspectors can arrive in marked vans, with police escorts, and word soon spreads. It is notable how often and how quickly local media arrive to capture the scenes. The Government is determined to use enhanced powers to tackle immigration crime, including misuse of the Seasonal Worker Scheme, and to be seen to so; a blitz on illegal working has already resulted in almost a thousand employers’ premises being raided. Enforcement is a growth area for the Home Office, and the sector offers easy pickings.
Employers can protect themselves by following the rules and staying alert. Useful guidance is available from organisations such as the Modern Slavery Intelligence Network, which recently hosted a conference with a theme of ‘Disruption’ - aiming to help businesses see an opportunity to help to fight Modern Slavery in their businesses and supply chains, protecting the sector and themselves in the process.
Recruiting seasonal workers? Know your responsibilities
Who is eligible for the Seasonal Worker Visa scheme? Anyone who does not have automatic immigration permission to work in the UK (which, post-Brexit, also includes most EU, EEA and Swiss nationals who arrived after 31 December 2020) has to be sponsored by one of the Defra-approved operators. The current scheme, which has been extended to 2029, enables 43,000 sponsored seasonal workers to work in the horticulture sector for a maximum of six months in any 12-month period, and 2,000 in the poultry industry (between 2 October and 31 December only). Applications for visas can be made up to three months before the work start date. Work is restricted to the time limit and specific job described on the Certificate of Sponsorship assigned by the approved sponsor.
Right to work checks. Employers must conduct right-to-work checks to confirm a worker’s eligibility to work in the UK, which includes checking their identity documentation and keeping a record of the right-to-work check. Failure to carry out proper right-to-work checks correctly can result in a fine if there is illegal employment. Imprisonment is a real prospect for employers who deliberately or negligently employ illegal workers.
Contract of employment. Employers must provide a contract of employment for every worker within two months of them starting work. This must, as a minimum, detail rates of pay, working hours (no more than 48 hours unless otherwise agreed), time off and holidays, and where the work is based.
Pay: All workers are entitled to the minimum wage and must be given a pay slip showing net pay plus all agreed deductions for accommodation, transport, food or other costs.
Helpline: All workers are entitled to information about how to get help if they feel they are being exploited, such as the Modern Slavery and Exploitation Helpline.
The future of the scheme
Despite the electorally popular promise to use Brexit to “take back control of our borders”; it is increasingly clear that it has achieved the reverse with lower EU migration having been overtaken by a sharp rise in migration from across the globe. Mindful of the electorate’s priorities, the government has promised to “control our borders and make sure British businesses are helped to hire Brits first.” This will continue to impact the horticultural and agriculture sector as the current scheme ends in expectation that automation and recruitment of UK citizens will, eventually, obviate the need to recruit overseas workers, a wish that is viewed with considerable scepticism by those in the industry. In the meantime, farmers and growers will have to continue navigating the complex rules around hiring overseas workers and not falling foul of the regulations governing their employment. Our business immigration team will be happy to help with any queries and concerns.
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The information published across our Knowledge Base is correct at the time of going to press.
