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Across various sectors in the United Kingdom (UK) workers are experiencing labour abuses creating a serious modern slavery problem in the UK. The latest Global Slavery Index released in July 2018, estimated the number of victims of modern slavery in the UK at 136,000.[1] Labour laws are not being upheld, there is a lack of official inspections as a result, those working in construction, agriculture, hospitality and domestic work are experiencing wage theft, unsafe working conditions, verbal and physical abuse and unpaid overtime.[2]

What does this mean?

Modern slavery is an umbrella term encompassing slavery, servitude, forced or compulsory labour and human trafficking.[3] The number of victims of modern slavery in the UK continues to grow, in 2019 there was a 52% increase from on 2018.[4]

Labourers are having their human rights violated. Article 2 of the Humans Rights Act 1998 states, ‘slavery violates human rights, denying people of their right to life, freedom and security’.[5] Many workers come to the UK under false pretences, after being recruited through either face to face contact, social media ads or seemingly genuine online job adverts for work in England. Once in the UK they are trapped working in conditions that deny them freedom and security.

Workers experience dangers in various forms. There are on the job threats, in construction many labourers are not provided with sufficient equipment and are forced to provide their own PPE.[6] For many, their employers are the greatest danger. Research into the experiences of Latin migrant workers showed 33% of those who worked in hospitality were subjected to unreasonable treatment and bullying, as did 24% of domestic workers.[7] To make matters worse, this abuse is occurring in plain sight, 90% of the cleaners surveyed who experienced abuse were concentrated in the Royal Borough of Kensington and Chelsea;[8] one of the richest boroughs in London. This highlights labour abuse is a widespread problem across the UK occurring in all forms and places.

Victims of labour abuse are truly deprived of a right to life. For many labourers ‘normal’ working hours range from 12 to 16 hour per day.[9] To escalate matters, wages or payslips often do not accurately reflect the hours or nature of the work completed.[10] Despite working excessive hours many workers receive payments drastically below minimum wage. Many in hospitality reported receiving as low as £10 per shift for 15 hours work likewise, in construction many receive as little as £5 per day. Workers are overworked, abused, underpaid and forced to live in uninhabitable conditions. Many workers have described living conditions provided by the exploiter as being in poor condition, often overcrowded and lacking basic facilities including electricity, heating and water.[11]

These abuses are occurring unchecked. Labour inspections are not occurring on a sufficient scale, the UK’s ratio of inspectors per worker is 0.4 to 10,000. This falls extremely below the Internal labour organisation recommended ratio of 1 to 10,000.[12] Poor regulation leads to further exploitation. Not only is there is lack of sufficient enforcement of rules and regulations to protect foreign workers, the current laws and regulations are also insufficient.

Immigration laws appear to be more important than providing foreign workers with adequate protection, for this reason, many abused workers do not report their abuse. Until the law prioritises the protection of labourer’s human rights the conditions for labour abuse will persist enabling modern slavery to continue.

To end modern slavery in the UK it is essential that there is a financial investment to increase the number of labour inspections and greater legal protection for migrants and their immigration status when reporting abuse.

Written by Venus Amon

Assessing firms:

#Allen&Overy LLP #Baker McKenzie #CliffordChance LLP #Herbert Smith Freehills LLP #Lewis Silkin LLP # Linklaters LLP #Simmons & Simmons #Hogan Lovells International LLP #Mayer Brown International LLP #Travers Smith LLP

References:

[1] Nicholas Stripe, ‘Modern slavery in the UK: March 2020’ (Office for National Statistics, 26th March 2020).

[2] Annie Kelly and Harriet Grant, ‘ Labour abuses happening 'at scale' far beyond Leicester, warn rights groups’ (The Guardian, 17th July 2020).

[3] Gangmasters and Labour Abuse Authority, ‘The Nature and Scale of Labour exploitation across all Sectors within the United Kingdom’ (Greater London Authority, 2018).

[4] Emily Kenway, ‘FLEX Comment on 2019 National Referral Mechanism Statistics’ (FLEX, 2nd April 2020).

[5] Gangmasters and Labour Abuse Authority, ‘The Nature and Scale of Labour exploitation across all Sectors within the United Kingdom’ (Greater London Authority, 2018).

[6] Ibid

[7] Nahir de la Silva, Lucila Granada and Dolores Modern, ‘The Unheard Workforce’ (Latin American Women’s Rights Service, July 2019).

[8] FLEX, ‘International Domestic Workers’ Day 2020: protecting migrant domestic workers from exploitation in the UK’ (FLEX, 16th June 2020).

[9] Ibid

[10] Gangmasters and Labour Abuse Authority, ‘The Nature and Scale of Labour exploitation across all Sectors within the United Kingdom’ (Greater London Authority, 2018).

[11] Ibid

[12] Emily Kenway, ‘FLEX Comment on 2019 National Referral Mechanism Statistics’ (FLEX, 2nd April 2020).

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.