The Gangmasters Licensing Authority (GLA) has revoked the licence of a Peterborough gangmaster, who had failed to meet so many licensing conditions that the number of penalty points incurred was over six times the amount needed to revoke a licence.

James Smith, manager of labour provider JR & JD Smith, was declared ‘not fit and proper’ to hold a GLA licence and faces a two-year ban from acting as a gangmaster.

Smith failed to prove that he was paying national minimum wage to all workers as accurate records were not maintained.

The GLA inspection found:

·       Minibuses used to convey workers were incorrectly insured, and the main listed driver did not hold a current driving licence.

·       Eight worker files did not contain copies of the workers’ identification documents and one worker had no paperwork at all. These documents are used to verify individual workers’ eligibility to work in the UK.

·       Workers had to purchase their own personal protective equipment and Smith was unaware of whether the workers, both men and women, had any toilet facilities that they could use during their days of working in the fields.

·       Workers were unpaid for agricultural minimum wage overtime they were due.

·       Smith admitted that he did not pay sick pay or maternity pay.

·       There was no agreement in place between Smith and the labour user over the responsibility for the health and safety of the workers.

·       There was no evidence that the workers had received training.

·       There were no records to show which workers had been subcontracted out.

Paul Whitehouse, chairman of the GLA, says: “Employers who pay workers by productivity must ensure that any shortfall is made up to national or agricultural minimum wage levels.

“Those who break or bend the rules need to be dealt with to ensure that legitimate businesses do not suffer.  We will no longer tolerate gangmasters whose licence is revoked and reapply - Smith will have to wait at least two years before he can reapply, and then we shall look very carefully at him.”