Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1931)
Protocol of 2014 to the Forced Labour Convention, 1930 - United Kingdom of Great Britain and Northern Ireland (Ratification: 2016)

The Committee welcomes the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 and takes due note of the Government’s first report, which contains detailed information on the different measures adopted, in particular with regard to prevention, victims’ assistance and protection, compensation and international cooperation.

The Committee also notes the observations sent by the Trade Union Congress (TUC) received on 8 September 2023 and 23 October 2023, as well as the Government’s reply received on 17 November 2023.

Articles 1(1), 2(1) of the Convention and Article 1(1) and (2) of the Protocol. National policy and systematic action. In its previous comments, the Committee noted the comprehensive legal framework to combat all forms of forced labour, which is complemented by strategies that have a special focus on strengthening victim identification, protection and support; identifying perpetrators; and enhancing international cooperation (the Northen Ireland Modern Slavery Strategy for 2024–27 and the Scottish Trafficking and Exploitation Strategy of 2017). The Committee notes the Government’s indication in its report that in 2023 a new Independent Anti-Slavery Commissioner was appointed pursuant to section 40 of the Modern Slavery Act 2015. It also notes the annual report of the Independent Anti-Slavery Commissioner for 2021–2022, which contains a detailed and comprehensive account of the actions taken by the Government in different areas, including victim care and support, law enforcement and prosecution, prevention and research. The Anti-Slavery Commissioner highlights that the number of potential victims of modern slavery has continued to rise, which reflects to some extent heightened levels of awareness among practitioners.

The Committee also notes the first Human Trafficking Report of the Home Affairs Committee of the House of Commons published in 2023 according to which the Modern Slavery Strategy, 2014, needs to be updated. The Home Affairs Committee also observes that the Government moved responsibility for modern slavery and human trafficking from the Minister for Safeguarding to the Minister for Migration. It also expresses its concern at the fact that the Government is prioritizing a focus on irregular migration issues at the expense of tackling trafficking in persons as such.

The Committee takes due note of the continued efforts of the Government to review its national policy and institutional framework to combat forced labour and encourages it to continue taking measures with a view to addressing the recommendations of the Home Affairs Committee, including the review of the 2014 Modern Slavery Strategy. It requests the Government to provide information on the measures taken to ensure a coordinated approach among the migration, labour and criminal justice authorities. Lastly, it requests the Government to provide information on the activities undertaken by the new Independent Anti-slavery Commissioner, including any recommendation made by the Commissioner to competent bodies in forced labour.

Article 25 of the Convention and Article 1(3) of the Protocol. Law enforcement. The Committee recalls that forced labour (including in the form of slavery and trafficking in persons) constitutes a criminal offence under the Modern Slavery Act 2015, the Human Trafficking and Exploitation (Scotland) Act 2015, and the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. In addition, the Gangmasters (Licensing) Act 2014 prohibits operating as a gangmaster (a person who supplies workers to another person) without a licence; as well as entering into arrangements with a unlicenced gangmaster for the provision of workers (violation of this prohibition is sanctioned with imprisonment). The Committee notes that in England and Wales, completed prosecutions related to forced labour increased from 332 in 2020/21 to 506 in 2021/2022; in Northern Ireland, 45 investigations were carried out by the police between 2020 and 2023; and in Scotland, between 2015 and March 2021, the police opened investigations in 61 cases related to trafficking in persons and exploitation.

The Committee notes the Government’s indication that the Gangmasters and Labour Abuse Authority (GLAA) is responsible for supervising the activities of persons acting as gangmasters in high-risk sectors: harvesting or gathering agricultural produce, gathering shellfish or processing or packaging agricultural produce harvested. The Government adds that the Immigration Act 2016 expanded the power of the GLAA to prevent, detect and investigate serious labour exploitation across the entire economy. The GLAA can also request assistance from the National Crime Agency to investigate offences (section 13).

The Committee also notes that section 1 of the Immigration Act establishes the role of the Director of Labour Market Enforcement (DLME) who is responsible for preparing an annual labour enforcement strategy setting out the scale and nature of non-compliance in the labour market and the priorities of the three main enforcement bodies: the Employment Agency Standards Inspectorate (EAS), the GLAA, and His Majesty’s Revenue and Customs-National Minimum Wage Team (HMRC’s NMW). The Government indicates that, pursuant to section 15 of the Immigration Act, Labour Market Enforcement Undertakings (LMEU) can be issued by the EAS, the GLAA and the HMRC’s NMW for persons or businesses that commit labour market violations. If the non-compliant entity does not comply with the LMEU, the enforcing authority can issue a Labour Market Enforcement Order (LMEO) to order compliance. Breaching an LMEO constitutes a criminal offence punishable with imprisonment (section 27 of the Immigration Act 2016).

The Committee notes that the Home Affairs Committee highlights in its 2023 Human Trafficking Report that the Government’s policy focus on immigration rather than human trafficking is reflected in law enforcement priorities and that proactive inspections by the GLAA are rare, with much of the reporting of potential labour exploitation being required from labour workers. It further notes that in its observations, the TUC indicates that: (i) the fact that labour market enforcement bodies carry out joint operations with immigration control undermines trust in enforcement mechanisms among migrant workers, who often do not report violations due to threat of dismissal and return; and (ii) the GLAA is considerably underfunded and is reliant on workers reporting their exploitation.

The Committee acknowledges the steps taken to establish a consolidated institutional framework for the detection and investigation of situations of forced labour across the country and encourages the Government to continue taking measures to ensure that the different law enforcement bodies can undertake inspections in a coordinated manner and proactively identify and investigate potential cases of forced labour even in the absence of workers reporting situations of exploitation. In this regard, the Committee requests the Government to indicate the number of: (i) cases of labour exploitation detected by the Gangmasters and Labour Abuse Authority (GLAA); (ii) Labour Market Enforced Orders (LMEO) issues by the Director of Labour Market Enforcement (DLME) for violations related to labour exploitation; (iii) cases referred to the judicial authorities for further investigation and prosecution; and (iv) convictions handed down and sanctions applied on perpetrators.

Article 2 of the Protocol. Prevention. Clause (d)Protecting migrant workers from abusive and fraudulent practices. The Government indicates that, in 2019, a Seasonal Worker Scheme was introduced for overseas workers to come to the United Kingdom to work in the horticulture and poultry industry. Under this Scheme, migrant workers can obtain a visa for a period of six months to work in the horticulture sector, and from October to December in the poultry industry. The quota for seasonal workers was set at 57,000 for 2024. Pursuant to the guidelines issued by the Home Office for temporary worker sponsors, only entities which have been licensed by the GLAA (so-called scheme operators) are able to sponsor individuals seeking seasonal worker visas. Applicants need to pay the application fee and their flying costs, and prove that they have enough money to support themselves in the United Kingdom, unless the sponsor agrees to assume these costs (Home Office guidance for obtaining seasonal worker visa). Employers must pay the worker at least the minimum wage and should ensure that they benefit from rest periods and access to health care. The Home Office can undertake compliance checks together with the GLAA or the HRMC, including through visits to farms and interviews with workers.

According to the review of the seasonal worker scheme conducted by the Home Office Migration Advisory Committee in 2024, the Government has introduced into the scheme the requirement of paying seasonal workers a minimum of 32 hours pay for each week of their stay in the country even if they are prevented from work because of bad weather. However, the review indicates that workers can still be dismissed due to poor performance and transfers are in practice not possible because of lack of vacancies, or because the date of the expiration of the visa does not allow the worker to undergo sufficient training.

The Committee also notes that the Independent Chief Inspector of Borders and Migration highlighted in his 2022 Report on the inspection of the immigration system in the agricultural sector that the Home Office has not demonstrated that it has the mechanisms in place to assure itself that scheme operators are meeting compliance requirements and that when serious concerns have been raised by workers, it did not act promptly.

According to the review of the Migration Advisory Committee, during 2023, 125 farms out of around 500 (around 25 per cent) were visited by UK Visa and Immigration (UKVI) enforcement teams of the Home Office, and 1,116 migrants were interviewed on the route (representing around 3.4 per cent of seasonal workers). On some of these inspections UKVI staff were accompanied by the GLAA. Visits are scheduled immediately if serious violations of scheme regulations have been reported. Otherwise, visits are scheduled based on frequency, location or current sponsored worker numbers. Furthermore, the Migration Advisory Committee has pointed out that seasonal workers are particularly susceptible to exploitation due to the nature of the work in often isolated rural areas, frequently with little or no English, and the fear that they can lose their visas and earnings if they make a complaint. It also indicated that there are reported instances of migrants paying significant fees abroad to unofficial agents or taking loans.

In its observations, the TUC notes that seasonal agricultural workers are working in conditions that are highly exploitative and are asked to pay recruitment fees, which can lead them to a situation of debt bondage. The TUC adds that even though seasonal workers can transfer employers, many have reported being refused this or charged a fee to do so.

The Committee notes this information and recalls that seasonal migrant workers may be particularly vulnerable to exploitative practices that could lead them to fall into forced labour, especially when they do not know their rights or do not exercise them because of fear of retaliation. The Committee acknowledges the measures taken by the Government to comprehensively review its seasonal workers scheme and trusts that the Government will take all the necessary measures to:

• prevent agricultural seasonal workers from becoming trapped in a situation of debt-bondage by the imposition of recruitment fees or other charges that are not permitted by the law, including by ensuring that scheme operators do not engage with recruitment agents abroad which illegally impose recruitment fees on workers;
• provide migrant seasonal workers with information about their rights before their recruitment and job placement, as well as about the legal mechanisms they can resort to in case of violations of such rights;
• inspections are carried out regularly by the GLAA and other competent authorities, especially in isolated areas.

The Committee also requests the Government to provide information on any review of the existing seasonal workers scheme based on the conclusions of the Migration Advisory Committee as well as information on the number of migrant workers under the seasonal workers scheme.

Clause(e). Supporting due diligence to prevent and respond to risks of forced labour. The Committee recalls that section 54 of the Modern Slavery Act requires a commercial organization which has reached a turnover determined by regulations to prepare annually a slavery and human trafficking statement indicating the steps taken to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its business. The Committee notes the Government’s indication that, to improve understanding and compliance with section 54 of the Act, an e-learning course for businesses was launched to advise on practical efforts to identify, mitigate and prevent forced labour. The Government also refers to the publication of a Guide on Tackling Modern Slavery in the Government Supply Chain to help Government entities to manage risks of modern slavery in both new procurement activity and existing contracts. Since March 2021, over 10,600 statements have been submitted to the online registry covering over 35,800 organizations. Furthermore, the Government reports that, as of January 2023, 3,462 assessments have been completed through the Modern Slavery Assessment Tool, which helps businesses to identify where and how a supplier or business can improve to combat risks of modern slavery in their supply chains. The Scottish Government also published Guidance in 2018 to help businesses identify and prevent human trafficking and exploitation across their operations and supported the creation of Scotland Against Modern Slavery (SAMS), an initiative to inform and share information on best practices about modern slavery throughout the business community in Scottland. The Government of Northern Ireland has engaged with the agri-food sector to strengthen transparency in supply chain requirements in that sector.

The Committee welcomes the measures taken by the Government to support private and public sector actors to comply with their due diligence obligations under section 54 of the Modern Slavery Act and encourages it to continue to take measures to ensure compliance and share good practices, as well as to provide information in this regard.

Article 3 of the Protocol. (i) Identification and protection of victims. In its previous comments, the Committee noted the establishment of the National Referral Mechanism (NRM), as the United Kingdom’s primary framework for identifying victims of modern slavery and the main vehicle for providing assistance and protection to victims. According to the NRM Guidance adopted by the Home Office, victims of forced labour can only be referred upon their consent to the NRM through First Responder Organizations. Once the referral has been made, a competent authority within the Home Office shall determine whether there are “reasonable grounds” to consider an individual referred to the NRM a victim of modern slavery. The Modern Slavery Statutory Guidance for England and Wales and Non-Statutory Guidance for Northern Ireland and Scotland provide for a list of general indicators to help the competent authority to make a primary assessment. The “reasonable grounds decision” shall be made within a period of five working days wherever possible and, at a second stage, a “conclusive grounds” decision shall be made to formally recognize a person as a victim.

The Government indicates that there were approximately 17,000 reasonable grounds decisions in 2022, of which 12 per cent were negative, and 3,528 were made in the first three months of 2023, of which 42 per cent were negative. Over 6,000 conclusive grounds decisions were made in 2022, of which 11 per cent were negative, and 2,275 were made in the first three months of 2023, of which 25 per cent were negative.

The Committee notes that the House of Commons’ Home Affairs Committee’s Human Trafficking First Report of Session 2023–24 observes that the NRM decision-making process is extremely slow and that the average waiting time for a conclusive grounds decision for the quarter July to September 2023 was 530 days. In its response to the report of the Home Affairs Committee, the Government indicates that there has been an unprecedented increase in the volume of referrals to the NRM, namely a 625 per cent rise between 2014 and 2022, which has presented significant challenges in resourcing and workflow. In the Government’s view, the time taken also reflects the requirement to obtain appropriate levels of evidence, which can be challenging. The Government adds that it has allocated funds to hire new staff for operations.

In its observations, the TUC indicates that flaws in the operation and delivery of the NRM persist and that despite previous reforms, there is no formal appeals process and authorities fail to make timely decisions. Moreover, the TUC points out that there is a sharp increase in the number of potential victims not consenting to being referred to the NRM, often because of legitimate fears of reprisal, arrest or deportation.

The Committee encourages the Government to continue taking the necessary measures to address the existing challenges in the operation of the National Referral Mechanism (NRM), in particular with regard to: (i) ensuring that potential victims of forced labour are informed about the advantages of being referred to the NRM; (ii) reducing the decision-making time; and (iii) continuing reinforcing the capacities of the NRM to assess evidence of potential cases of forced labour. The Committee requests the Government to provide information on the number of referrals to the NRM in England and Wales, Scotland and Northern Ireland, the number of positive conclusive grounds decisions, and the number of refusals. Lastly, the Committee requests the Government to clarify whether decisions refusing the recognition of a person as a victim of forced labour can be subject to review.

(ii) Protection and assistance. The Committee notes the Government’s indication that, in England and Wales, individuals who have obtained a positive reasonable grounds decision are eligible for support under the government funded Modern Slavery Victim Care Contract (MSVCC) with a view to assisting them with rebuilding their lives, engaging with the criminal justice system, and transitioning back into the community. It can also assist the victim in obtaining financial support, safehouse accommodation and health services. These protection measures are provided for a period of 45 days or until a conclusive grounds decision is made. Beyond this timeline, a recovery-based needs assessment is undertaken to provide a specific transition and support plan to move beyond the MSVCC. In Scotland, rules for the protection for victims of forced labour are set out under Part 2 of the Human Trafficking and Exploitation (Scotland) Act, 2015 and the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for victims) Regulations 2018. Section 9 of the Act provides that necessary support and assistance are delivered to individuals believed to be victims of human trafficking during a period of 90 days. As regards Northern Ireland, section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 provides that persons are referred to the NRM until the determination of the status of victim by the competent authority is pending. Assistance and support will be extended for 45 days upon a determination that there are reasonable grounds to believe that a person is a qualifying victim.

The Committee further notes that section 65 of the Nationality and Borders Act 2022 provides for a temporary residence permit for victims of slavery or trafficking in persons who have obtained a positive conclusive grounds decision (for recovery purposes, seeking compensation, cooperation with the authorities). The permit cannot be granted if the person’s need for assistance is capable of being met in a country of origin and it can be revoked when the person is a threat to the public order, or the person has claimed to be a victim in bad faith (sections 54(4) and 65(6)). The Committee also observes that the Government refers to the Illegal Migration Act 2023, according to which individual victims of modern slavery may be disqualified for a temporary permit if they have entered the country illegally (section 1(1) and section 5(1)(c)), unless the victim is cooperating with public authorities regarding an investigation or criminal proceedings (section 22).

The Committee notes that, in its observations, the TUC emphasizes that the Illegal Immigration Act will prevent undocumented victims of forced labour from requesting existing support mechanisms, increasing the risk of their exploitation. In its 2024 concluding observations, the United Nations Human Rights Committee expressed its concern at the Illegal Immigration Act, which has resulted in the removal of certain protections for potential victims of forced labour. In particular, the United Nations Human Rights Committee is concerned that the new legislation increases the burden of proof when bringing cases before the NRM (CCPR/C/GBR/CO/8).

The Committee requests the Government to provide information on the number of victims of forced labour who have benefited from protection and assistance in England and Wales (through the Modern Slavery Victim Care Contract), Scotland and Northern Ireland. It also requests the Government to indicate how many victims of forced labour have been granted temporary permits under Section 65 of the National Borders Act. In this regard, it requests the Government to indicate the measures taken to protect victims who decide to collaborate with the judicial authorities against retaliation. Lastly, the Committee requests the Government to indicate the type of assistance offered to victims who return to their home country.

Article 4(1). Access to remedies, such as compensation. The Government indicates that victims of forced labour can access compensation and other remedies through both civil and criminal routes. In addition, victims of trafficking in person may receive compensation under the Criminal Injuries Compensation Scheme 2012 (amended) in cases identified by the NRM. According to section 30, the types of payment which may be made to victims under the Scheme include: injury payments, loss of earnings payments and dependency payments. The Committee further notes that, in cases where there is non-compliance with the national minimum wage, the Crown Prosecution Services may commence criminal proceedings under the Modern Slavery Act 2015 to both recover amounts and impose criminal charges. The Committee requests the Government to provide information on the number of victims of trafficking in persons who have been granted compensation under the Criminal Injuries Compensation Scheme 2012 (amended). In this regard, it requests the Government to clarify whether the victim’s ability to receive compensation is dependent upon his or her cooperation with authorities.

Article (2)(2)(c) of the Convention. Penalties of unpaid work requirements. For a number of years, the Committee has requested the Government to ensure that prisoners under an obligation to work do not work for the benefit of private entities, unless they have given their formal and informed consent. In its latest comment, the Committee welcomed the Government’s statement to the House of Commons to the effect that from June 2021 private entities would no longer be in charge of placing sentenced offenders with providers to perform community work. The Committee notes with interest that from 26 June 2021, in England and Wales, the Probation Service (a statutory criminal justice public service that supervises offenders serving community sentences) no longer outsources any unpaid work provision to a subcontractor. As regards Scotland and Northern Ireland, the Committee notes from the Government’s information that no private entity is benefiting from unpaid work by prisoners.