‘All that is missing is a whip’: Home Office ignored migrant worker abuses on farms

الملخص

Date Reported: 22 أكتوبر 2023

الموقع: المملكة المتحدة

In October, The Independent and TBIJ reported that the Home Office had ignored the abuse of migrant workers on UK farms. An article in TBIJ outlining the finings includes an allegation by a female migrant worker from Chile employed by Haygrove in the UK (a fruit producer). The worker promised conditions that did not materialize by her recruiter. Upon arrival, she was given no shifts by Haygrove for the first week and so made less than GBP 150. Haygrove then told the worker & her colleagues to repay the farm £1,500 for the flights that had brought them to the UK – even though receipts show some of the tickets cost a lot less. Workers were told they would have to repay £250 every week for six weeks on top of accommodation deductions, leaving the worker with only GBP 16 on the weeks she was given the hours guarenteed by the farm. Workers also allege unreasonable working hours, including a two hour commute that was unpaid, and working 12 hours but only being paid for 8. They were shouted at to pick faster and one worker was pushed to the ground by a supervisor. Fruitful Jobs was contracted to provide HR to Haygrove's workers. A Fruitful Jobs employee told the workers their visas would be revoked if they continued to protest, and when a female worker was upset about conditions, responded , "Do you want to go home? Shush then". The workers held a strike due to the conditions. In November it was reported the worker who migrated from Chile had brought a legal claim against Haygrove. Her claim is for unlawful deduction of wages, unfair dismissal, discrimination and harassment. The Guardian reports the worker said there was no drinking water available on the farm & that they had to travel long distances during which they were not paid. An article released in January 2024 says the worker is of Bolivian nationality. In May 2024, the UN released a letter addressed to the UK Government, which uses the Haygrove case as an example of exploitation experienced by migrant workers in the UK. The case outlines the issues mentioned above, but also adds additional information, including the fact workers often had no sanitary facilities in the field, which was particularly negatively impacting women workers. Some migrants allegedly paid recruitment fees of up to GDP 30,000 leaving them in debt bondage. The letter alleges a lack of access to information, including workers filling out a form with Fruitful Jobs instead of a contract, which did not specify salaries. Some contracts signed upon arrival did not specify wages either. Some workers received less than the minimum wage. Women were forced to share caravans with men, which put them at risk of sexual harassment and abuse. Some of the workers are considered to be potential victims of forced labour and modern slavery. One is in need of psychological assistance following her experience with Haygrove due to her mental health situation. Others have been left desperate for work and financial assistance after their experience with Haygrove: their situation is described as precarious. Some allegations describe workers as victims of trafficking, including workers from Bolivia, employed by Haygrove. Other workers impacted are from Chile.

الشركات

Fruitful Jobs - Labour Supplier , Haygrove - Employer

الفئة المتأثرة

Total individuals affected: Number unknown

عمال مهاجرون: ( Number unknown - بوليفيا , الزراعة والأغذية والمشروبات والتبغ والثروة السمكية: عامة , Women , Documented migrants ) , عمال مهاجرون: ( Number unknown - بوليفيا , الزراعة والمواشي , Men , Documented migrants ) , عمال مهاجرون: ( Number unknown - شيلي , الزراعة والمواشي , Gender not reported , Documented migrants )

القضايا

Irregular Work , Contract Substitution , Reasonable Working Hours & Leisure Time , Wage Theft , الترهيب والتهديد , الضرب والعنف , الحرمان من حرية التعبير , التمييز/التنوع: عامة , Harassment (other than sexual) , الحصول على المياه , Poverty Wages , Access to Non-Judicial Remedy , التمييز على أساس الجندر - النوع الإجتماعي , رسوم التوظيف , Debt Bondage , الحصول على المعلومات , Minimum Wage , العمل القسري , الإتجار بالبشر , الصحة العقلية , Dismissal , Access to Justice & Legal Protection

الرد

Response sought: Yes, by Journalists

External link to response: (Find out more)

الإجراءات المتخذة: The workers held a strike and reported the farm to West Mercia police, which referred the case to the GLAA. TBIJ understands that the GLAA interviewed four workers in late September, two months after the initial complaint had been filed and after dozens of workers had left the farm.Chilean police are also conducting an investigation, and Julia and a colleague are in the process of filing employment tribunal claims in the UK. Fruitful Jobs told TBIJ that transfer requests were related to lower than expected working hours and not to working conditions. It said that Emery was at the farm to try to resolve issues and made his comments because the worker was interrupting. He pointed out that there was a legal obligation on visa sponsors to notify the Home Office of changes to a seasonal worker’s situation. Haygrove rejected all allegations of wrongdoing in the “strongest terms” and said it was not aware of any ongoing investigation. Haygrove told TBIJ the lack of shifts was because of “adverse weather conditions”, but that all workers were paid at least 32 hours a week at minimum wage, with £100 cash advances to new arrivals who didn’t immediately get work. The company also rebutted allegations of modern slavery and labour exploitation, adding that most of its seasonal workers “had a very positive experience”, with an “annual average return rate of 64%”. The company added that it was regularly audited by bodies including the British Retail Consortium, and claimed recent inspections by both the Home Office and Gangmasters and Labour Abuse Authority (GLAA) had found no evidence of wrongdoing. However, TBIJ understands that the Home Office has not finalised its findings and the GLAA told TBIJ that an investigation remains ongoing. In a preliminary ruling, the Home Office has now decided there are reasonable grounds to conclude that Ms Casimiro could have been a victim of modern slavery. Her case will now be investigated further by the government before a final decision is made. In response to the UN letter, Haygrove said the allegations were ‘materially incorrect’ and said it would be paying workers for the time spent travelling between company sites as a “goodwill gesture”. Fruitful jobs refuted the allegations and said it took issues workers experienced at Haygrove seriously. Later reporting by TBIJ says the Chilian worker approached NGOs and the police but was turned away, and the article explores other barriers to justice she has experienced such as practical difficulties at her hearing.

نوع المصدر: News outlet

Business & Human Rights
Resource Centre

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‘All that is missing is a whip’: Home Office ignored migrant worker abuses on farms

الجدول الزمني

UK: Nearly 700 migrant seasonal farmworkers complained of poor working conditions to the Worker Support Centre charity in 2024

Migrant farm workers protest outside the Home Office in London

Watchdog criticises Home Office for dropping farm worker visa review