21.02.2022

WORKERS IN THE FOOD PROCESSING & AGRICULTURAL SECTOR

HOW TO AVOID EXPLOITATION IN THE WORKPLACE

Guidance on how to spot a false job ad, learn your working benefits in the UK and who to call if you experience exploitation at work.

Did you know?

High demand for workers in the food processing and agricultural sectors means exploitation is more likely to happen.

Are you currently working or looking for work in food processing or agriculture? Did you come to the UK from another country? Do you know how to identify a false job ad? Do you know your working rights in the UK? Do you need support?

Avoiding false job ads

If you are looking for work in the UK, it’s important to keep alert and know how to avoid virtual scams such as ‘phishing‘, which is when a scammer impersonates a business or individual in order to obtain your personal information; or ‘spoofing‘, which is when a scammer uses a fake email header or IP address to convince you it is legitimate – often for exploitative gain.

Here are some key indicators that a job ad might not be legitimate:

In person and online

  • The ad asks you for money in order to secure the job. You should never have to pay in order to obtain a job in the UK.
  • The employer asks for a fee upfront. Insecure payment methods such as a Paysafecard should be a cause for concern, as money is difficult to trace through these platforms.
  • The employer demands secrecy or encourages you into immediate action.
  • The ad offers an excessively high salary.
  • The ad offers immediate employment without an interview.

Online

  • The ad is riddled with grammatical errors.
  • The ad encourages you to click on numerous outbound links.
  • Communication from a prospective employer comes from a personal email account. Most companies have their own domain.
  • The ad is emailed directly to you from an unknown contact.
  • The organisation has a minimal online presence. Legitimate ads should lead to an appropriate online portal.
  • The ad guarantees a visa for the UK using documents they provide.

If an advert looks too good to be true, it probably is.

Fraudsters will often steal legitimate elements from companies in order to pretend to be them, such as logos. If you are suspicious about the legitimacy of a job ad, or you’re worried you’ve been scammed yourself, you can submit a complaint to Jobs Aware.

False job ads can also happen offline. You should be aware that people around you may approach you with promises of better work, but some may not have good intentions and may actually recruit you into exploitative work.

If you applied to the Seasonal Worker Scheme, you should have been recruited through one of these four licensed operators: Concordia, Pro Force, AG Recruitment and Management Ltd, or Fruitful Jobs. If you were not, the offer may have been fraudulent and you should report it to Jobs Aware.

Already employed?

Some employers can take advantage of you.

They may abuse any limitations you might have in English language, or want to cut corners if they feel you don’t understand your rights, or do not have legal status in the UK.

There is also a lot of misleading information being shared which can make it difficult to know your rights.

You can get free, reliable and confidential support and help if you have:

  • Been made to work without having signed a working contract.
  • Had unexplained deductions from your pay.
  • Had to work excessive hours (over 50 hours a week)
  • Received threats or been intimidated regarding your residency status in the UK.
  • Had to work in unsafe or unsanitary conditions.
  • Had to operate specialise equipment or machinery without professional training.
  • Received no increase in pay for working extra hours.
  • Been physically or pscychologically harmed by your employer.
  • Had paid sick leave denied or been asked to work even when feeling unwell.
  • Been made to live in unsafe or overcrowded accommodation provided by your employer.
  • Had your passport or identity documents withheld from you.

If you have experienced any of these, make a note of what happened, being sure to include details of:

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    What the incident was

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    When it happened

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    Where it happened

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    Who was involved

Your Working Rights in the UK

You have the right to be free from exploitation or abuse regardless of your legal status. While support might vary depending on your exact circumstance, everyone who works in the UK has rights. You should not be made to feel powerless.

Right to a National Minimum Wage.

If you are an agricultural worker in the United Kingdom, you must receive at least the National Minimum Wage.

As of April 2021 in the UK, this is £8.91 if you are over the age of 23, £8.36 if you aged between 21 and 22, and £6.56 if you are aged between 18 and 20. From April 2022, the NMW is due to rise to £9.50/hour for over 23s, £9.18/hour if you are age 21-22 and £6.83/hour if you are aged between 18 and 20. If you work overtime, your employer must pay you for the additional time you have worked and your average pay for the total hours you have worked must not fall below NMW.

You should receive confirmation of wage payment in the form of a payslip. Some employers may issue your payslip electronically. If you do not have access to a digital device that will enable you to review your payslip, be sure to request your payslip in writing.

Clear information about deductions in pay

Any amount deducted from your salary should be clearly stated on your payslip. It is common to have deductions for tax and National Insurance. Other deductions – for example, for transport, food, or housing – may not be legal.

Right to a safe working environment

Farming can be a hazardous industry. Under UK law, employers must ensure, so far as is reasonably practicable, the safety and welfare of their employees. If your employer employs five or more people, they need to have a policy in place to set out their action plan on health and safety standards at work. All employees, including those who have trouble understanding English, should be able to understand the information provided in this policy.

Personal Protective Equipment (PPE) should be provided free of charge by your employer where necessary, and should be CE-marked.

To download a free government approved guide to health and safety in agriculture, visit the HSE website.

Sick pay and sick leave

If you were employed before the 1 October 2013, you have the right to Agricultural Sick Pay (ASP) in England. You must have been continuously employed by the same employer for at least 52 weeks before the first day of your absence. For further information about ASP, click here.

If you are an agricultural worker in Scotland or Wales and have been working for the same employer for more the 52 weeks, you are entitled to receive sick pay from your employer. Notably, you do not qualify if you suffer an injury outside of the workplace or when travelling to or from your workplace. The exact details for sick pay in Wales are detailed in Section 8 of this guide. The exact details for sick pay in Scotland is detailed here.

Annual Leave and Holiday Pay

You are entitled by law to a minimum number of weeks of paid holiday a year, starting from your first day of work. This includes part time and fixed term contract workers. Details of your holiday entitlement should be included in your contract, but you can find more information here.

When leaving a job, your employer is obligated by law to close your contract and provide you with holiday pay – money accrued for holiday not taken.

Your employer is entitled to decide when you take leave, but if you are having problems getting permission and are based in England or Wales, you should call the GLAA on 0345 602 5020.

Support following unfair dismissal or loss of hours

If you have been dismissed from work and believe the decision was unfair, you may be able to challenge it. To check whether you may be eligible to make an appeal , visit the Acas website. If you are seeking legal advice on making a claim, visit this Acas page.

An employment contract

Before starting a job, you must receive a written contract from your labour provider outlining the employment. This includes a clear description of what you will be doing, where you will be working, how much you will be paid, when you will be paid and the holiday you can take.  Your employer should also provide you with a written statement of employment if you’re employed for more than one month.

Notably, self-employed workers do not have the same rights as employed workers. Agency workers receive the same terms and conditions as directly engaged workers on an assignment after 12 weeks of continuous employment.

Protection against discrimination, abuse and sexual harassment

It is illegal to be discriminated against, abused or harassed because of your country of origin, language barrier, gender, age, sexual orientation, disability, pregnancy, maternity leave, or race.

Right to the National Minimum Wage

If you are a worker in the food processing sector in the United Kingdom, you must receive at least the National Minimum Wage.

As of April 2021 in the UK, this is £8.91 if you are over the age of 23, £8.36 if you aged between 21 and 22, and £6.56 if you are aged between 18 and 20. From April 2022, the NMW is due to rise to £9.50/hour for over 23s, £9.18/hour if you are age 21-22 and £6.83/hour if you are aged between 18 and 20. If you work overtime, your employer must pay you for the additional time you have worked and your average pay for the total hours you have worked must not fall below NMW.

You should receive confirmation of wage payment in the form of a payslip. Some employers may issue your payslip electronically. If you do not have access to a digital device that will enable you to review your payslip, be sure to request your payslip in writing.

Clear information about deductions in pay

Any amount deducted from your salary should be clearly stated on your payslip. It is common to have deductions for tax and National Insurance. Other deductions – for example, for transport, food, or housing – may not be legal.

Right to a safe working environment

Food processing can be a hazardous industry. Under UK law, employers must ensure, so far as is reasonably practicable, the safety and welfare of their employees. If your employer employs five or more people, they need to have a policy in place to set out their action plan on health and safety standards at work. All employees, including those who have trouble understanding English, should be able to understand the information provided in this policy.

Personal Protective Equipment (PPE) should be provided free of charge by your employer where necessary, and should be CE-marked.

To download a free government approved guide to health and safety in food and drink manufacture, visit the HSE website.

Sick pay and sick leave

People who work around open food while suffering from certain infections can contaminate the food or surfaces the food may come into contact with.

If you have an infection of the stomach or gut and/or an infected area of skin that cannot be covered, you should be excluded from work until 48 hours from when your symptoms stop. Notably, there are exemptions to this depending on the kind of infection you have. You can check to see if your infection qualifies you for time off work in Section 10 of this report from the Food Standards Agency.

Statutory Sick Pay (SSP) is available to all workers at a cap of £95.85 per week for up to 28 weeks. You are eligible if you’ve been off work for four days +, have reported your sickness to your employer, and have earned on average at least £120 per week (before tax) in the past 8 weeks.  Notably, SSP is not available if you are self-employed or are receiving Statutory Maternity Pay.

Annual Leave and Holiday Pay

You are entitled by law to a minimum number of weeks of paid holiday a year, starting from your first day of work. This includes part time and fixed term contract workers. Details of your holiday entitlement should be included in your contract, but you can find more information here.

When leaving a job, your employer is obligated by law to close your contract and provide you with holiday pay – money accrued for holiday not taken.

Your employer is entitled to decide when you take leave, but if you are having problems getting permission and are based in England or Wales, you should call the GLAA on 0345 602 5020.

Support following unfair dismissal or loss of hours

If you have been dismissed from work and believe the decision was unfair, you may be able to challenge it. To, check whether you may be eligible to make an appeal, visit the Acas website. If you are seeking legal advice on making a claim, visit this page.

An employment contract

Before starting a job, you must receive a written contract outlining the employment. This includes a clear description of what you will be doing, where you will be working, how much you will be paid, when you will be paid and the holiday you can take.  Your employer should also provide you with a written statement of employment if you’re employed for more than one month.

Protection against discrimination, abuse and sexual harassment

It is illegal to be discriminated against, abused or harassed because of your country of origin, language barrier, gender, age, sexual orientation, disability, pregnancy, maternity leave, or race.

You can get free, reliable, and confidential help and support if you have encountered issues accessing these rights. Be sure to download a GLAA worker’s rights pamphlet for support in your language.

Your employer must also check if you have a legal right to work in the UK. If you are a British citizen or an EEA citizen who worked in the UK before 31st December 2020, you are currently eligible to work in the UK, and therefore do not need to obtain an employment visa. However, if you do not fall into this criteria, you need a working visa. If you are looking for support on your right to work in the UK, visit this page.

Find out more about your rights in the UK and about where you can find support on the Just Good Work app.

Contact Organisations

If you are concerned your rights are not being respected, or that you have been a victim of a false job ad, contact these organisations for confidential help and advice. If you have witnessed or believe yourself to be a victim of labour exploitation, you can freephone Crimestoppers anonymously on 0800 555 111. If you are based in England or Wales, you can also submit a complaint to the GLAA here.

If you were employed in the agricultural sector in England before 1 October 2013, you can contact the Acas helpline on 0300 123 1100 or use the Acas Helpline Online to get further advice. You can also make a complaint to the Rural Payments Agency here.

If you work in the food processing sector and would like to make a complaint about a crime related to food production, you can do so on the Food Standards Agency website.

If possible, when contacting the support organisations below, please quote Project Fair Life as a reference so they can better understand what kind of support to give.

Jobs Aware

Jobs Aware provide free help and advice to UK workers who have suffered from job scams or unfair working practices.

https://www.jobsaware.co.uk/contact

Modern Slavery Helpline

The modern slavery and exploitation helpline provides information, advice, and guidance about any modern slavery issue relating to potential victims, businesses, and the public in the whole of the UK. We are free, confidential, available 24 hours a day, 7 days a week, and available in 200 languages.

08000 121 700

https://www.modernslaveryhelpline.org/

The Salvation Army

The Salvation Army provides specialist support for all adult victims of modern slavery in England and Wales. This includes increasing access to employment and housing support, health care, legal advice, and financial support. Our confidential referral helpline 0800 808 3733 is available 24/7.

0300 3038151

https://www.salvationarmy.org.uk/modern-slavery

National Debtline

National Debtline provides free advice and resources to help you deal with your debts. You can access National Debtline by phone, webchat, or get advice through the website.

0808 808 4000

https://nationaldebtline.org/contact-us/

Porchlight

Porchlight is a Kent-based charity that provides support, advice and guidance to people who are homeless or at risk of becoming homeless. If you are homeless or facing issues that could put you at risk of losing your accommodation in Kent, you can contact their free helpline for advice.

0800 567 7699

https://www.porchlight.org.uk/

RSABI

RSABI is a charity that supports people in Scottish agriculture. This includes farm workers, including seasonal workers. We offer practical, emotional and, in some cases, financial support. Our service is completely impartial and confidential. Our helpline is open every day of the year on 0300 111 4166. We also have a dedicated helpline for Seasonal Workers, with translation services available - 0300 111 4160.

0300 111 4166

https://rsabi.org.uk/How-RSABI-can-help

Hope For Justice

Hope for Justice offers an advice service that provides tailored and specialist advice and signposting to support a survivor to understand their legal rights and entitlements as well as identify where legal remedies are available to them. If you’d like to find out more about how we can help you, or if you are facing any challenges or have any questions relating to your employment and treatment as a worker in the UK, please do not hesitate to get in touch with our multilingual team via [email protected], or call us on 0300 008 8000. (Our working hours are Monday to Friday 9:00 - 17:30 and we are able to provide over the phone interpretation as required)

0300 008 8000

[email protected]

https://hopeforjustice.org/news/questions-about-survivor-care-in-the-uk/

Migrant Help

Migrant Help assists people affected by displacement and exploitation in Scotland. We provide specialist support and accommodation to victims of human trafficking and modern slavery, and their dependants.

0141 8847900

[email protected]

https://www.migranthelpuk.org/contact

Centrepoint Outreach

Centrepoint Outreach is a charity ensuring homeless and vulnerable people in Boston and the surrounding area are empowered to improve their circumstances and achieve their full potential. Our Drop-in Centre includes Rough Sleeper facilities, guidance and support, referrals, signposting, emergency food parcels, and furniture provision. Our drop-in centre, shop, offices and warehouse are located at 15 Red Lion Street, Boston, and accessible from 9:30-12:00 and 14:00-15:30.

01205 306 900

https://centrepoint-outreach.com/what-we-do/

Medaille Trust

Medaille Trust's Moving On Project works with survivors of modern slavery in Cheshire and Merseyside, West Midlands, London, Kent, Hampshire, Wiltshire and Manchester. We provide assistance with casework, accessing education and employment, accessing counselling and health services, community integration, accessing justice, and independent living. Individuals can self-refer using the form on our website at https://www.medaille-trust.org.uk/moving-on/moving-on-project-referral

0800 06 999 16

[email protected]

https://www.medaille-trust.org.uk/moving-on/moving-on-project-referral

Ella's

At Ella's, we do everything we can to ensure female survivors of trafficking and exploitation in London have all they need to recover and build lives that are safe and free. We offer safe house accommodation, care to help survivors to recover from their experiences, and community-based support to help them build safe, independent lives.

[email protected]

https://www.ellas.org.uk/get-help

TARA

TARA provides support to women who may be trafficked or exploited for the purposes of commercial sexual exploitation in Scotland. We work with women to access safe accommodation, legal advice, health care, and psychological assessments.

0141 276 7724

[email protected]

https://www.saferglasgow.com/

St Petrocs

St Petrocs is an independent charity working with people who are experiencing homelessness in Cornwall. We have two drop-in resource centres, one in City Road, Truro, and the other at the Breadline Centre, Penzance. These centres offer those who are sleeping rough, vulnerably housed, or at immediate risk of homelessness, help to find accommodation, together with general advice on issues related to housing, benefits and independent living. If you or anyone you know, might be facing homelessness, we provide confidential advice and support.

01872 264153

https://www.stpetrocs.org.uk/

If you or someone you know is in immediate danger, call 999.