Conditions of Employment

Department for Business, Energy and Industrial Strategy written question – answered on 17th June 2019.

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Photo of Stephanie Peacock Stephanie Peacock Labour, Barnsley East

To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260093, on what dates each labour market enforcement undertaking was applied; to which employers such undertakings were applied; and on the basis of what trigger offence in each case.

Photo of Stephanie Peacock Stephanie Peacock Labour, Barnsley East

To ask the Secretary of State for Business, Energy and Industrial Strategy, how many prosecutions there have been for breaching a labour market enforcement undertaking or order in each year since those undertakings and orders came into force.

Photo of Kelly Tolhurst Kelly Tolhurst Parliamentary Under-Secretary (Department for Business, Energy and Industrial Strategy)

The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRCNMW).

To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order.

Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party.

The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient.

The table below displays the information that could be disclosed by the three enforcement bodies:

Enforcement Body

Number of LMEU served

Date of commencement

Trigger offence

EAS

4

04/04/18

Not disclosed

1

03/04/18

Not disclosed

GLAA

1

20/03/18

All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.

1

22/05/18

1

21/06/18

1

13/07/18

1

23/07/18

1

16/08/18

3

21/08/18

1

31/12/18

4

15/04/19

1

26/04/19

HMRC - NMW

1

19/06/18

Not disclosed

1

27/06/18

Not disclosed

1

21/08/18

Not disclosed

1

05/11/18

Not disclosed

1

22/10/18

Not disclosed

1

30/10/18

Not disclosed

1

16/11/18

Not disclosed

1

07/03/19

Not disclosed

Total: 28

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