UK’s Seasonal Worker Scheme: Uncovering Potential Breaches of International Law

The Bureau of Investigative Journalism (TBIJ) reports that UN Special Rapporteur on contemporary forms of slavery, Tomoya Obokata, has warned the UK government about reports of forced labor that may constitute potential breaches of international law. These reports relate to the UK’s seasonal worker scheme, launched in 2019 to counter labor shortages caused by Brexit. Allegations of intimidation, threats, sexual harassment, poor living conditions, extended working hours, underpayment, and limited access to sick leave have all been reported by workers employed under this scheme.

Obokata raised concerns about the government’s alleged failure to properly investigate these abuse allegations and instances of forced labor. A lack of labor inspections and the government’s inability, or unwillingness, to identifying and respond to abuses may be considered a clear violation of international human rights obligations, as per Obokata’s statement. He also noted that the “scheme operators,” private sector recruiters, often establish a dependency relationship with workers, making it rather challenging for these laborers to report abuse or mistreatment. The rapporteur stressed the essential role of governments in monitoring and inspecting workplaces, ensuring the overall well-being of its workers.

This situation calls to mind a report from October 2023 by the TBIJ documenting the UK government’s lack of action towards the maltreatment of seasonal workers, despite awareness of such allegations. In failing to investigate these claims, TBIJ argues that the government is in violation of its duty to prevent modern slavery.

Disturbing numbers have emerged from TBIJ’s freedom of information requests, revealing that around 44 percent of interviewed workers stated they had experienced mistreatment, including racism, wage theft, and threats of deportation. Some farms were highlighted as sites of particular complaints, with an alarming 80 percent of workers reporting discrimination and abuse.

In another investigative piece with VICE WORLD News in March 2023, TBIJ had underlined the exploitative conditions on more than 20 UK farms. Migrant workers there spoke of a working environment where they were unable to take toilet breaks out of fear of missing targets, were forced to work during severe weather conditions, and were frequently berated or penalized for carrying a mobile phone or talking to colleagues.

This situation warrants serious attention from legal professionals across the globe, as the plight of seasonal workers in the UK courts controversy and could potentially contribute to a large-scale human rights violation. If noteworthy legal proceedings or government responses follow, rest assured we will follow up with expedited reports.