Access to protection, enforcement & redress? Effects of visas for agriculture & care on migrant workers' vulnerabilities in the UK workforce

Lead Research Organisation: University of Leicester
Department Name: Faculty of Law

Abstract

Using the agricultural and care sectors as paradigmatic case studies, this research project will examine how immigration rules and labour policies, and specifically their interaction, create the preconditions for modern day slavery. By immigration rules, we mean the conditions imposed on those entering the United Kingdom for work purposes, and include policies about length of stay, the right to be accompanied by family members, and the ability to change employers. Labour policies is a broader term in our conception and includes the norms regulating working conditions by public and private actors, as well as the mechanisms for their enforcement. Determining how these two dimensions interact is key to understanding how modern slavery continues to exist in Britain despite significant government and private efforts to eradicate it. In this project we invoke and develop the concept of 'preconditions' as a way to understand the political economic conditions that produce the environment for gross exploitation to occur. Hence, our project is interested in seeing trafficking, slavery, servitude, and forced or compulsory labour as the result of structural causes beyond the actions of wicked individuals.

We have selected the agricultural and care sectors for important reasons. Both are sectors in which labour exploitation has been widely documented. In addition, the government has introduced, or is in the process of introducing, unique immigration pathways for the entry of labour migrants to service shortages of workers in these sectors. Both are also sectors in which current labour laws provide weak protections, which are further undermined by lackadaisical and disjointed enforcement by government agencies. Studying closely the operation of these sectors in relation to the function of immigration rules and labour policies will allow us to carefully test the hypotheses contained in the immigration and asylum, as well as labour market regulation and governance, literatures. The three precise questions that animate this research is: (1) how visa conditions heighten the risk of modern-day slavery for migrant workers; (2) how particular industry features, such as working from private homes in the case of the care sector and seasonality in the case of the agricultural sector, aggravate this risk; and (3) how government enforcement can be improved to alleviate worker vulnerability?

This research also hopes to feed into two important contemporary policy discussions. The first discussion concerns the shape of the post-Brexit immigration system. It is clear that the 'points-based' immigration system that came into effect on 1 January 2021 will need to be refined to serve the needs of the British economy. This research hopes to intervene in this discussion and foreground the consequences for those who enter the country for work purposes. The second discussion concerns how the 'single enforcement body' announced by the government operates to ensure that labour market actors comply with current laws and policies. By examining how enforcement operates in relation to migrant workers, this research will not only benefit this population but also non-migrant workers in the labour market.

This project will draw on both desk-based research and qualitative research methodology. Working with community partners such as FLEX, Fife Migrant Forum, Kanlungan, Voice of Domestic Workers, and Joint Council for the Welfare of Immigrants, we will conduct in-depth interviews with migrant workers and their representatives in the agricultural and care sectors. This qualitative data will provide fine-grained information on how those who migrate for work in these sectors experience the migration system and Britain's labour market policies. Our findings will be disseminated through a variety of avenues, including the PEC report, academic articles, and public blogs.

Related Projects

Project Reference Relationship Related To Start End Award Value
AH/X001202/1 31/05/2022 30/07/2022 £212,047
AH/X001202/2 Transfer AH/X001202/1 31/07/2023 30/07/2024 £75,755
 
Description Key findings
1) The conditions attached to visa routes for both the care and agricultural sectors ('tied' visas, and - in the case of the agriculture visa - short-term) exacerbate migrant agriculture and care workers' precarious position, creating a situation of 'hyper-precarity' and increasing vulnerability to exploitation. It is common for migrant workers in both sectors to earn low wages, pay high recruitment and transfer fees, and suffer from inappropriate salary deductions and lack of information on employment rights. Workers also risk being made irregular if they leave their employer or lose their job.

2) Migrant workers' vulnerability to exploitation is compounded by the set of policies known as the 'Hostile/Compliant Environment'. Its impact on workers with precarious migration status, such as the majority of our interviewees, entails apprehension about reporting mistreatment or exploitation to the authorities or pursuing redress about poor conditions, due to fear of Immigration Enforcement action. In particular, this affects those working irregularly or with uncertainty about their status.

3) Our findings point to deception by intermediaries. Our interviewees' situations ranged from false promises regarding their employment and conditions while in the UK - especially pay - to misleading information regarding the length of their employment, and lack of appropriate information on their contractual terms and rights.

4) Our findings show significant issues of debt and deductions from wages across both sectors, both associated with illegal recruitment fees and arising from travel, training and accommodation costs, as well as high visa application fees. Both visas are issued subject to the No Recourse to Public Funds condition, further amplifying workers' financial precarity.

5) Migrant workers' barriers to reporting concerns or exploitation are compounded by the fact that they have trouble accessing employment rights and their contractual entitlements. Government agencies charged with enforcing employment rights are underfunded and do not have capacity to audit workplaces proactively, while the alternative of pursuing claims through Employment Tribunals is often impractical.
Exploitation Route The findings from the funding have already been used by the project team and other experts (both NGOs and academics) to affect policy change (see submissions to calls for evidence; engagement with government agencies, etc.). The research has also been cited by others for their submission to UK government calls for evidence, as well as the independent report
'Assessment of the scale and nature of labour market non-compliance in the UK: interim report' https://www.gov.uk/government/publications/assessment-of-the-scale-and-nature-of-labour-market-non-compliance-in-the-uk-interim-report
Sectors Agriculture

Food and Drink

Communities and Social Services/Policy

Healthcare

Government

Democracy and Justice

URL https://www.modernslaverypec.org/resources/uk-agriculture-care-visas-vulnerability-exploitation
 
Description Our findings have been used in the following way: - contributions to calls for evidence from the UK government and the UN - citations in policy reports - media coverage of our findings
First Year Of Impact 2024
Sector Agriculture, Food and Drink,Communities and Social Services/Policy,Healthcare,Government, Democracy and Justice
Impact Types Societal

Policy & public services

 
Description Response to the UK government's call for evidence on Human Rights at Work
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
 
Description Response to the UK government's call for evidence on Human Trafficking
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
 
Description Submission of evidence to ODLME's "Labour Market Enforcement Strategy 2025 to 2026: call for evidence"
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL https://www.gov.uk/government/calls-for-evidence/labour-market-enforcement-strategy-2025-to-2026-cal...
 
Description Submission to UN Human Rights Council: Input for expert workshop and comprehensive thematic study on the human rights dimension of care and support (ref WHRGS/HRC/RES/54/6)
Geographic Reach Multiple continents/international 
Policy Influence Type Contribution to a national consultation/review
 
Description Article in the Guardian (online & print) 'Migrant workers at greater risk of modern slavery after Brexit, research finds' 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact Interview given to the Guardian regarding the impact of the new visas on migrant workers' rights and protections.
Year(s) Of Engagement Activity 2024
URL https://www.theguardian.com/world/2024/apr/01/migrant-workers-greater-risk-modern-slavery-brexit-res...
 
Description BBC Radio Farming on 06/12/24 about migrant agricultural workers 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact Co-I Dr Natalie Sedacca gave an interview to BBC Radio Farming on 06/12/24 about migrant agricultural workers.
Year(s) Of Engagement Activity 2024
 
Description Community event (12/05/24) "Research for and with the community: The health and care and seasonal workers visas" 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact We organised a community event together with our NGO partner organisations, invited research participants, other NGOs and stakeholders and some academics to present the key research outcomes and recommendations and receive feedback from the community. The participants, particularly from the affected communities, reported the importance from hearing back about the research they participated in, as well as about the importance of being able to share their own stories and how they related to the findings.
Year(s) Of Engagement Activity 2024
 
Description Interview on Times Radio, 'Drive. In Depth Discussion of today's news' with Henry Bonsu 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact PI Dr Inga Thiemann gave invited interview on Times Radio, 'Drive. In Depth Discussion of today's news' with Henry Bonsu to discuss findings the report 'UK agriculture and care visas: worker exploitation and obstacles to redress', following the coverage in the Guardian that same day.
Year(s) Of Engagement Activity 2024
 
Description Interview with Spanish newspaper El Diario 'Los visados exprés después del Brexit agravan la explotación laboral en el Reino Unido' 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Media (as a channel to the public)
Results and Impact Interview with Spanish newspaper El Diario on findings from the report 'UK agriculture and care visas: worker exploitation and obstacles to redress' and how they related to wider developments post-Brexit.
Year(s) Of Engagement Activity 2024
URL https://www.eldiario.es/desalambre/visados-expres-despues-brexit-agravan-explotacion-laboral-reino-u...
 
Description Participation in the Office of the Director of Labour Market Enforcement roundtables 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Participation in the ODLME's roundtables on various topics on labour market enforcement strategies (various team members, PI, Co-Is as well as partners from charitable organisations):

Thematic workshops 2023:
12/06/23 Recruitment
19/06/23 Communication
22/06/23 Hidden Risk Sectors

Sector-specific workshops 2024:
18/11/24 on the care sector,
03/12/24 on the Overseas Domestic Worker visa
03/12/24 on the Fair Work Agency and labour enforcement
Year(s) Of Engagement Activity 2023,2024
 
Description Presentation to UK Government Directorate of Health and Social Care on findings from the report (21/03/2024) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Invited presentation and Q&A regarding our findings and how they relate to wider government policies with participants from the UK Government Directorate of Health and Social Care on findings from the report (21/03/2024).
Year(s) Of Engagement Activity 2024
 
Description Report of interim results to Directorate of Labour Market enforcement 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Sharing initial research findings with the DLME and other policy stakeholders, which led to further engagements.
Year(s) Of Engagement Activity 2023