Challenge to government's Seasonal Worker Scheme

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CLAIM NO: K04CL228

ATLEU has brought a legal challenge to the government’s Seasonal Worker Visa Scheme on the grounds that it breaches Article 4 of the European Convention on Human Rights.

We are seeking compensation for our client’s treatment but also a declaration that the scheme breached our client’s Article 4 rights. We hope that the declaration will force the government to review the scheme.

AAW was recruited to the UK by AG Recruitment who were authorised by the Home Office to issue visas to seasonal workers and place said workers within agriculture for a period of six months or poultry for three months.

AAW was charged unlawful recruitment fees of several thousand pounds by Al Zubara Ltd, agents of AG Recruitment Ltd. Security was taken over the claimant’s family home and documents retained to ensure repayment.

Once in the UK, AAW was subject to unlawful deduction of wages and other instances of labour exploitation, such as onerous working hours and poor accommodation. The claimant was moved between farms by AG Recruitment and given no financial help to do so. AAW was effectively working solely to service debts incurred by taking up work in the UK.

Finally, around 27 October – 4 November 2022, AAW was told that work was no longer available and he would be required to leave the UK. However, AAW’s return flight was not booked until 04 December 2022 and no financial assistance was provided to enable him to return to his country of origin. AAW was told that he would have to find employment (unlawfully) elsewhere until he could return.

Prior to AAW’s scheduled return, he discovered that agents of Al Zubara had gone to his family home seeking payment of the debt due. AAW concluded that he needed to remain in the UK in order to be able to discharge the debt and secure the family home.

On obtaining work in the UK, AAW was not given any:

  • Contractual documentation in a language he could read

  • Information about his rights as a worker in the UK

  • Details about how to seek advice and assistance should employment breaches occur.

The farms that AAW was placed on have been noted in NGO reports as being particularly exploitative of migrant workers. Yet no steps have been taken to ensure that the scheme operators, and the farms that workers are allocated to, are complying with the law.

To support this challenge, ATLEU is keen to hear from workers with similar experiences.