ATLEU has sent the government an official outline of the problems with the Seasonal Worker Visa in the next stage of our ongoing legal challenge to the scheme. We assert that the scheme breaches Article 4 of the European Convention on Human Rights (ECHR) which states that 'No one shall be held in slavery or servitude' and 'No one shall be required to perform forced or compulsory labour'.

ATLEU is seeking compensation for our client, AAW, who experienced trafficking, debt bondage and other forms of labour exploitation while in the UK on a seasonal worker visa. AAW has received a positive reasonable grounds decision that he is a victim of modern slavery by the UK’s identification system, the National Referral Mechanism (NRM). We are also seeking a declaration that the Seasonal Worker Visa Scheme breached his Article 4 ECHR rights.

This legal challenge is brought against the Home Office, which is responsible for the system of immigration control in the UK, and the Department for Environment, Food and Rural Affairs (DEFRA).

The Seasonal Worker Visa Scheme was first established in 2019. Since then, the scheme has expanded from under 3,000 available visas in 2019 to up to 57,000 (including for poultry) in 2024. This rapid growth is despite the previous government being repeatedly made aware of concerns regarding the inbuilt risks of exploitation in the scheme, and ongoing evidence of workers on the scheme being subjected to debt bondage, forced labour, and other forms of abuse.

Quotes

The Seasonal Worker Interest Group, an alliance of key organisations that support or advocate for migrant seasonal workers:
Since the Scheme began, our member organisations have repeatedly warned the government that this visa is driving abuse and exploitation, including trafficking and modern slavery. We have been gravely concerned that the number of visas issued has increased with little attempt to remedy the well-established failings of the scheme.

'This year, we have once again documented widespread problems including deception, illegal fees and high debts, severe injuries, violations of employment rights, short notice dismissals, unsafe accommodation, insufficient provision of work, issues around use of piece rates and productivity targets, barriers to transferring employer, and a lack of effective complaints and labour rights enforcement mechanisms.'

Jamila Duncan-Bosu, Solicitor at Anti Trafficking and Labour Exploitation Unit (ATLEU):
'Our legal challenge presents a timely opportunity for the new government to take a different path and urgently overhaul the Seasonal Worker Visa Scheme. We hope the government will work with expert frontline organisations from the Worker Interest Group to put in place immediate and long term solutions to ensure a visa system that delivers rights and remedy for workers and is compliant with our international obligations.'