Inquiry uncovers ‘widespread’ exploitation of migrant and agency workers

Mon, 15 Mar 2010

Recruitment agencies are being urged to improve their recruitment practices following evidence of mistreatment and exploitation of migrant and agency workers.

An Equality and Human Rights Commission (EHRC) inquiry, which was launched in October 2008, uncovered ‘widespread’ evidence of malpractices in the meat and processing sector. It found that:

• More than 80% of the 260 workers who gave evidence claimed agency workers were treated worse than directly employed workers
• 70% thought they were treated badly in factories or by agencies because of their race or nationality
• One in five interviewed reported being pushed, kicked or having things thrown at them by line managers
• More than a third of workers interviewed claimed they had experienced or witnessed daily verbal abuse
• Workers also reported being denied toilet breaks and subsequently urinating or bleeding on themselves at the production line
• A quarter reported mistreatment of pregnant workers, such as the instant dismissal of agency workers who had announced they were pregnant
• One in three workers endured this treatment without complaint both because of fears that their work would be terminated as a result and that it would affect their goal of securing stable employment. 

The report also points out, however, that the EHRC found examples of firms who treated workers, both permanent and agency, of all nationalities with respect and dignity.

The Commission says it will make recommendations to key bodies including supermarkets, agencies, processing firms, government, regulators and unions to encourage a systemic change in behaviour, and adds that it will review action taken over the next 12 months by supermarkets, processing firms and recruitment agencies, and will consider taking enforcement action if necessary.

The recommendations include:

• Processing firms and agencies required to use fair and transparent recruitment practices and provide workers with a safe working environment free from discrimination and harassment, where workers are able to raise issues of concern without fear of the consequences
• Supermarkets to improve their support to and auditing of suppliers
• Government to offer sufficient resources for the Gangmasters Licensing Authority (GLA) to implement its task of safeguarding the welfare and interests of workers and broaden its remit to include other sectors where low-paid agency workers are at risk of exploitation.

Gangmaster Bernard Gaughan, general manager at Total Labour Solutions, told Recruiter: “Most labour providers would welcome anything that ensures a level playing field. The bugbear will be if this involves more cost and bureaucracy and who will pay for it because the margins are not there to meet that.”

A spokesperson for supermarket ASDA said: “We’re committed to ensuring all the workers in our supply chain are treated fairly and ethically. But we believe actions always speak louder than words — that’s why when Unite raised concerns a year or so ago about working conditions in the UK meat sector we were quick to act.

“Following our own investigation into working conditions in the UK meat sector, we brought all our suppliers together as a group and presented both Unite’s findings and the results of our own investigation. We, along with Unite, then met with individual meat suppliers to discuss the steps they could take to resolve these points of concern.

“We’re confident that our meat suppliers will continue to do a good job on our behalf in this area and we’d encourage other retailers to engage with both Unite and their UK meat supply base to face these important issues.”

Neil Kinghan, director general of the EHRC, says: “We recognise that some retailers and processing firms have taken steps to operate in a way which improves the treatment of workers in the sector. However, there is still a lot that they and others could do. If the situation does not improve over the next 12 months, the Commission will consider using its regulatory powers to enforce change where necessary.”

Ian Livsey, chief executive of the GLA, says: “We fully agree with the report’s recommendation that supermarkets have a key role to play and as the report recognises we have brokered an agreement with all the major retailers and their key suppliers to share information with us on serious breaches of our standards in their supply chain.

“Our commitment and resolve to fighting the unacceptable exploitation of workers within the sectors we regulate is as strong as ever. We welcome the report and the recommendations it makes.”

The Association of Labour Providers (ALP) says: “The recommendations merit careful study by government, regulators, supermarkets, labour providers and labour users. The ALP is willing to discuss the issues with the other parties. Some of the recommendations, such as paying workers for travelling time and engaging workers on contracts of employment rather than contracts for services, are not possible unless there is a commitment from retailers and labour users to meet such costs, and past experience suggests that this is unlikely.”

Anne Fairweather, head of public policy at the Recruitment and Employment Confederation (REC), adds: “The report shows that it is perfectly possible to use the flexible resource of agency labour without resorting to exploitative practices. Research has regularly shown that the vast majority of temporary staff working across all sectors are well looked after and value the experience and opportunity that temp work provides. The REC encourages members and hirers alike to follow all legal requirements when engaging agency workers.”