Gangmaster legislation is now in operation

Farmers are reminded that new legislation governing the use of casual labour came in to force on Sunday (1 October). 

The Gangmasters Licensing Act makes it an inprisonable offence to source labour through an unlicensed gangmaster. 

The body responsible for issuing licences, the Gangmasters Licensing Authority, has been collecting information on unscrupulous labour providers since its creation in March 2005. 

Despite more than 1000 labour providers registering with the authority, the GLA estimates there are 200-300 rogue traders still operating in the UK. 

It expects to bring its first successful prosecution early next year. Those found guilty face a custodial sentence of up to 10-years or a £10,000 fine or both.

Although the GLA will use only 30 enforcement and compliance officers to enforce the legislation in the agriculture and fishery industries, it has access to the greater resources of the Health and Safety Executive, HM Revenue & Customs and the Department for Work & Pensions.  It will also pass information on to these bodies where it sees fit. 

From 1 December any farmer found to be knowingly using an unlicensed labour provider could face a prison sentence of up to 12-months following a successful prosecution. 

Inspections by the GLA can be announced and unannounced and will be carried out on a risk-based approach rather than a rotational basis.

Mike Wilson, GLA chief executive, said: “The purpose of the GLA is to safeguard the welfare and interests of the estimated 600,000 casual workers in the agriculture and fisheries industries while encouraging labour providers to operate within the law.”

One of the greatest sources of information on rogue traders, he said, been licensed operators fearful of being undercut by illegal competition.

Jack Dromey, deputy general secretary of the Transport & General Workers Union, said the Act signified the beginning of the end for rogue traders who operate a practice tantamount to “modern day slavery”. 

He said many illegal operators had already left agriculture to focus on the construction, hotel and cleaning industries which remain unregulated.  “We believe the licensing regime should be extended to other areas of the economy, but first we need to make of a success of it in agriculture and fisheries.”

Licensed gangmasters are listed on the GLA’s website – www.gla.gov.uk