Undocumented workers in agriculture – UK experience Chris Kaufman Unite: the Union, UK

About Unite: the Union Unite was formed in May 2007 It was the result of the merger of two of the UK’s largest trades unions, Amicus and the Transport and General Workers Union (T&G) Unite has over 1.5million members; it is the biggest private sector union in the UK

Our agriculture history – and leadership today Founded in 1922, the T&G has its roots in the food communities Strong, enduring links to the agricultural sector shape many of our present policies Our campaigns for gangmaster licences and supermarket accountability are shaped by our members’ experiences

The sector today Food and agriculture now a major, growing UK industry, employing xxxx Moved from being seasonal to an all-year, round-the-clock industry serving demands of aggressive retail sector This has implications for our members – terms and conditions under severe pressure Unite now organising from plough to plate to challenge this

The sector at work Sector is typified by low wages, lack of opportunities, job insecurity Retailers dominate, shaping labour practices throughout the contract chain Demand for “just-in-time” supplies and “BOGOFs” radically altered working practices Workforce altered in response – growing reliance on migrant labour and move to “hire and fire” working culture

The sector at work Hundreds of thousands of migrant workers in UK’s food sector It could not survive – or be as vastly profitable – without the huge contribution of this workforce Migrant workers come chiefly from A10 nations - but not all. This means status of workers can vary – a challenge for unions ( we need to develop “migration aware” officials)

Who are food’s migrant workers? Mainly A10 nations – hundreds of thousands Quota of 20,000 Bulgarian and Romanian workers in the industry Business wants more but government will not raise threshold. Political unease that mass migration is not being managed in communities as promised.

Who are the sector’s workers The vast majority of the workforce are legal workers – a mixture of indigenous, EU and overseas workers on permits These workers can access their employment rights But we know that there are significant numbers of undocumented workers in the sector too. These workers have NO rights to access. In a 3-tier labour force, they are arguably the most vulnerable

Who are the sector’s workers? ALSO - A10 workers MUST register with the Home Office’s Workers Registration Scheme Failure to do so means they are “illegal” and cannot access their employment rights Unite is extremely concerned that this prevents exploited workers from obtaining redress – and changes legal workers into illegal with little warning

Who are food’s migrant workers? What of the workers without status in the sector? Impossible to quantify the exact number but thought to be tens of thousands – failed asylum seekers, trafficked workers, workers on false EU papers These workers have no legal rights – but Unite will still offer them support if they are members (immigration support, representation, support in the workplace)

Problems for workers in the sector Food industry has large contract chain. Heavy use of employment agencies. Poor employers are typified by - low wages (minimum wage) - no sick pay, holiday pay or overtime - heavy reliance on agency labour; few permanent jobs - if using migrant labour, the workers may be dependent on their employer for housing and travel

Problems for workers in the sector Unite now seeing legal workers from A10 treated as if “undocumented” by rogue employers - brought (trafficked) to UK on misleading terms - no contracts of employment - in debt to employer from outset (indentured labour) - exploited for housing and travel costs

Vicktor’s story Victor, from Hungary, signed up with an agency in Hungary to work in the UK, promised a factory job paying £7.50 per hour with accommodation. Arriving in the UK, Victor was driven overnight to the poultry processing factory. He was expected to start work immediately. Victor was put in an unfurnished, three-bedroom house, which he shared with up to 14 other people. Everyone slept on the floor. Victor worked cutting turkey thighs on a production line for 10 hours a day, 5 days a week. The job involved the use of sharp knives but there was no training. Victor was paid £120 per week (£2.40 per hour). An “administration charge” took most of his first week’s pay. He and his housemates were each charged £8 per day for the minibus trip to and from work. Victor reports that 90% of the workers were migrants from all over Europe. All were paid cash-in-hand. Vicktor’s case is an extreme one but not uncommon. Unite are supporting Victor to take his case to tribunal. However, because he was not registered on the Workers Registration Scheme within the 30 day interval (and therefore considered an illegal worker under current rules), his chances of getting any kind of recompense are slim.

What is Unite doing to support migrant workers? We have Pushed through the Gangmasters Licensing Act: this makes it illegal to operate without a licence; a licence can only be obtained and kept if strict standards, including observing minimum labour standards, are met. Unite is represented on the GLA and working with them to increase the rate of detectiona nd prosecution of rogues

What is Unite doing to support migrant workers? We have Made organising workers in food a priority for the union - dozens of multi-lingual Organisers attached to the sector to ensure migrant workers embraced - organising union membership in plants across the UK, targeting white and red meat sectors first

What is Unite doing to support migrant workers? Challenging the supermarkets on agency labour - rogue agencies operate in food sector, driving down terms and conditions and abusing migrant workers. We want parity and permanency for agency workers after 13 weeks. - we are challenging supermarkets to clean up their contract chain. M&S current targets; global awareness-raising cmapaign

What is Unite doing to support migrant workers? Fighting for equal treatment for agency workers - the UK government will not support the EU Directive - so Unite has coordinated a massive UK campaign for domestic legislation on equal treatment on pay, sick pay and holidays - if we win, this will improve the working lives of 1.4million agency workers, many in food, including hundreds of thousands of migrant workers

What is Unite doing to support migrant workers? Founded the Migrant Workers Support Unit to - improve the union’s response to migrant workers’ issues - improve the Union’s understanding of immigration law and direct members to best support - build our capacity to provide support in the languages our members have (we currently produce materials in 30+ languages and have a network of translators across the UK)

What is Unite doing to support migrant workers? For irregular workers - only government action will stop them being attractive to exploitative employers - government needs to end the 3 –tier workforce in the UK - Unite campaigns to improve the rights and status of all migrant workers

Unite and migrant workers Our approach Organise food workers, whatever their status Offer expert union assistance to all members, whatever their status Lead campaigns for regulation of the sector and rights for the workers