Gangmasters Licensing Authority

The Gangmasters Licensing Authority is a UK agency regulating the supply of workers to the agricultural, horticultural and shellfish industries. Employment agencies working in those fields need to be registered with the authority from 1 October, 2006.

The agency is a Non Departmental Public Body which was established on 1 April, 2005 by the Gangmasters (Licensing) Authority Regulations 2005. The primary purpose of the agency is to support the Gangmasters (Licensing) Act 2004. [http://www.gla.gov.uk/index.asp?id=1012751]

Licensing

The GLA scheme was set up to prevent the exploitation of workers, and to improve health and safety standards, in what have often been unregulated areas of employment. It is also concerned with illegal working and debt bondage. [http://www.gla.gov.uk/embedded_object.asp?id=1013018]

Businesses which provide labour in the following sectors need to be licensed:
* agriculture, including horticulture, forestry work, dairy farming, the production of consumable produce (whether for profit or not), the raising of animals that will enter the food chain, and the use of land as grazing, meadow or pasture land
* processing and packaging of products (food and drink) containing an agricultural component, any animal product that will enter the food chain, shellfish/fish products, plants/flowers/bulbs, and pet/animal feed
* gathering shellfish.

Until the Deregulation and Contracting Out Act 1994, introduced by Conservative minister John Redwood, all such agencies would have needed to operate under scheme. This followed from the Employment Agencies Act 1973, which required all employment agencies to register for a license to operate. The 1994 Act removed the licensing regime, though there have been renewed calls for reintroduction, especially given the drive for the Temporary and Agency Worker (Equal Treatment) Bill.

Enforcement

Companies who use contractors in these sectors are termed ‘labour users’, and will face prosecution if they use workers or services provided by an unlicensed labour provider, although this provision did not come into effect until 1 December 2006.

Four specific offences have been established by the Act:
* Operating without a licence
* Obtaining or possessing a false licence or false documentation which is likely to cause another person to believe that a person acting as a gangmaster is licensed
* Using an unlicensed gangmaster (subject to a reasonable steps/due diligence defence)
* Obstruction of enforcement officers/compliance officers exercising their functions under the Act

Moves to create the Licensing Authority were spearheaded by the Transport & General Workers' Union following the deaths of 23 Chinese cockle pickers in the 2004 Morecambe Bay cockling disaster, England on 5 February 2004.

Criticism

Limited scope

Trades Union Congress criticised the Authority for failing to extend its regime for gangmasters to sectors such as construction, hospitality and care. It was estimated that at least 2 million workers were left out while UCATT, the building workers’ union, estimated that East European workers were paid as low as £8.80 for a 39-hour week.

Helpline

As of mid-2008, no helpline facilities existed for people to report mistreatment or illegal pay rates. [ [http://www.ft.com/cms/s/0/16752f20-627a-11dd-9a1e-000077b07658.html TUC and Ucatt want expansion in scope of GLA] ]

ee also

*UK agency worker law
*Temporary Labour Working Group, 2004 Morecambe Bay cockling disaster.
*Paul Chapple Whitehouse, appointed the Chairman of the Gangmasters Licensing Authority in 2005.
*Agency Workers Directive

External links

* [http://www.gla.gov.uk/ Gangmasters Licensing Authority official website]
* [http://www.tgwu.org.uk/Templates/Campaign.asp?NodeID=89606&Action=Display TGWU Campaign]
* [http://www.opsi.gov.uk/acts/acts2004/20040011.htm Gangmasters (Licensing) Act 2004]
* [http://www.opsi.gov.uk/si/si2005/draft/20051762.htm The Gangmasters (Licensing Authority) Regulations 2005]