Ensuring Prevention of Labour Market Abuse: Insights and Challenges
Learning from the GLA and advocating for effective prevention strategies in tackling labour market abuse, this article emphasizes the need for support for trade unions, active measures, and effective monitoring. It also highlights the risks posed by austerity measures, insufficient resources, and the impact of Brexit on exploitation. Advocacy for a holistic approach rather than focusing solely on extreme cases is also discussed, calling for prevention to take precedence over prosecution.
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Prevention of Labour Market Abuse Learning from the GLA for the new GLAA and Director of Labour Market Enforcement Access to Justice 2017 The Institute of Employment Rights DIANA HOLLAND Unite Assistant General Secretary Transport Equalities Food & Agriculture
PREVENTION OF LABOUR MARKET ABUSE Free and independent trade unions Support for collective bargaining and sector bargaining trade union seats at the table Support and protection for active measures which prevent abuse, with sufficient resources Effective monitoring to turn words into deeds An end to the Race to the Bottom driving our world
Words alone are not enough Extension of GLA to other sectors of the economy, Modern Slavery Act and Anti-Slavery Commissioner, Director of Labour Market Enforcement all welcome BUT Austerity and cuts to prevention and support for victims, insufficient resources, climate of fear and insecurity Brexit, Immigration Act Exploitation costs billions in unpaid wages and illegal recruitment fees across the world
Not just about prosecution of minority extreme abuse There is a danger of isolating the worst forms of labour exploitation and drawing global attention only to this relatively uncontroversial extreme. ILO Exploitation continuum approach needed
PREVENTION SHOULD BE FIRST NOT LAST GLA Gangmasters Licensing Authority grew from the horrifying deaths of cocklepickers in Morecambe Bay and 50 years of campaigning by Agricultural Workers Union (part of TGWU, now Unite) Overseas Domestic Workers Visa grew from migrant domestic workers telling their horrifying stories and 15- 20 years campaigning by Kalayaan, Waling-Waling, T&G (now Unite) and many others Modern Slavery Act global supply chains clause came from decades of exploitation and condemnation and a big campaigning allliance
PREVENTION IS BEING UNDERMINED Gangmasters Licensing Authority system of licensing now scope extended to other sectors but licensing to prevent it not extended Overseas Domestic Workers Visa preventing modern day slavery, protecting workers most vulnerable to exploitation replaced with tied visa and time limits removes prevention, reinstates bonded relationship Modern Slavery Act global supply chains clause report needs to be on action taken potential prevention but no requirement to act and no sanctions
GANGMASTERS LICENSING AUTHORITY Recognised good practice throughout the world Tri-partite : employers/labour providers/retailers, trade unions, government all actively involved Preventative : licensing system in agriculture/seafood without license you don t operate Protects : most vulnerable workers, standards for all Prosecutes : in conjunction with others, collaboration with police, in Europe and internationally GLA regulates 100 billion sector with a budget of 0.004% of that figure Maroukis 2016
But Constitution changed GLA Board no longer tri- partite. Individuals appointed, no nominating stakeholder bodies, no trade union representatives Move from DEFRA to Home Office prosecution/protection/prevention Fear Extended remit to other sectors very welcome BUT without resources and without extended licensing
GLA to GLAA and Director Labour Market Enforcement Two Changes brought in under the Immigration Act 2016 1. Director of Labour Market Enforcement strategic direction for those organisations policing and regulating the UK labour market : GLAA, National Minimum Wage Unit, Employment Agency Standards Inspectorate ( within the envelope of available funding ) non-compliance in the UK labour market offences, breaches of licensing conditions, court orders and regulations, non-payment of financial penalties new Information Hub to provide a strategic assessment of the shape of labour exploitation and key risks
GLA to GLAA and Director Labour Market Enforcement 2. Gangmasters and Labour Abuse Authority GLAA s additional powers under the Police and Criminal Evidence Act 1984 (PACE) Investigation of abuse allegations across the entire UK labour market and labour abuse in all aspects of UK business Labour Abuse Prevention Officer specialist investigator role to carry out enquiries into labour market abuse offences
What next? GLAA has stakeholder groups first joint meeting due shortly Sectors in addition to agriculture identified by GLAA : construction, cleaning, hospitality, social care, warehousing, distribution and logistics Reality and Rhetoric Commitment to act Resources to act Regulating labour market No impact majority of labour market Prevention everywhere Prosecution isolated severe cases Protection from abuse Enforcing immigration law Engagement and Support Fear and lack of trust
MOVING FORWARD 1. Sufficient resources allocated to GLAA 2. Licensing protected and introduced for new sectors 3. Trade unions recognised and included, rights for reps enforced and strengthened 4. Strong models of prevention built on not undermined 5. Cuts to HSE, EHRC, ACAS, TU education and specialist support organisations reversed
6. Action on climate of fear Now is the time for UNITY not division EQUALITY not discrimination TRADE UNION RIGHTS not exploitation SOLIDARITY not hatred
