Following the Morecambe Bay tragedy in 2014, which sadly claimed the lives of 23 Chinese cockle pickers, legislation was introduced to protect workers who were vulnerable to exploitation. So, what does this legislation mean for those working in the agricultural sector and what should they be aware of?
What is a gangmaster?
The Gangmasters (Licensing) Act 2004 introduced a licencing scheme for persons or businesses that provide workers in specific sectors – these include agricultural, processing and packing and shellfish.
Agricultural work, for the purposes of this Act, includes dairy farming, the production of consumable produce (whether for profit or not), use of land as grazing, meadow or pasture, the raising of animals that will enter the food chain, forestry and horticulture.
Gangmasters must be licensed to supply workers and will be assessed on grounds of health and safety, pay, transport, accommodation and training.
Exclusions
There are limited circumstances in which a licence will not be required. These are set out in the Gangmasters Licensing (Exclusions) Regulations 2013, which came into force on 1 October 2013. A licence will not be required where (a) labour is supplied to retail, catering, wholesale and distribution establishments, (b) workers are supplied by agricultural contractors to operate machinery that they provide and (c) individual specialist farm workers are supplied.
Gangmasters and Labour Abuse Authority (GLAA)
The Gangmasters and Labour Abuse Authority (GLAA) is the non-departmental public body which operates the licensing scheme, including setting the conditions and maintaining a register of licensed gangmasters. Previously, until 1 October 2016, this was known as the Gangmasters Licencing Authority (GLA).
The GLAA is responsible for preventing, detecting and investigating exploitation. Specially dedicated Labour Abuse Prevention Officers have the ability to investigate labour exploitation allegations in all UK businesses.
Sanctions
It is a criminal offence to operate as a gangmaster without a licence or to possess a licence, whether falsely or improperly obtained or belonging to someone else, with the intention of inducing someone to believe they are acting as a gangmaster. Sanctions for this offence include up to ten years imprisonment and/or a fine.
It is a criminal offence to enter into an agreement with an unlicenced gangmaster. The penalty for this offence is up to six months imprisonment and/or a fine.
It is also worth noting that it is a criminal offence to obstruct a GLA officer and this also carries a maximum penalty of up to six months imprisonment and/or a fine.
