New Questions for the UK’s Seasonal Worker Scheme
FAWN member and agricultural labour expert Dr Lydia Medland explores in this guest blog the implications of a radically different demographic working on UK farms post-Brexit. This blog was originally published on the Migration Mobilities Bristol website.
‘One of the big differences between the Seasonal Worker Visa and Seasonal Agricultural Workers Scheme is that the new scheme has a global reach meaning seasonal workers are now very nationally diverse. This raises important questions that have not filtered through to public debate’.
The pen asks: ‘Need seasonal workers?’ It’s a freebie from a horticultural event aimed at fruit growers. The expected answer is, ‘yes’. On the other side of the pen is the name of an agency that sponsors workers to come to the UK. Where will the workers come from? Neither agent nor grower is expected to care. How will they be recruited? The agency is one of seven licensed operators (six of which recruit for horticulture) legally permitted to sponsor migrant workers for work in UK fields, polytunnels, glasshouses and packhouses.
This Seasonal Worker Visa (SWV) is the post-Brexit scheme to fill the horticultural labour market shortage that occurred after many EU nationals stopped coming to the UK to pick fruit following Brexit. This had followed a period where no visa scheme was in place (2014-2018) when the UK relied entirely on EU nationals via EU Freedom of Movement. Nevertheless, an earlier scheme, the Seasonal Agricultural Workers Scheme (SAWS), dated back, in mostly low numbers, to the post-war era.
Under the current scheme, seasonal workers are restricted to a six month stay in the UK. If workers are unhappy with the farm on which they are ‘placed’, they may request a transfer. Transfers are not guaranteed. When workers are dismissed for any reason (including for working slower than the firm considers normal) they risk being sent home early. The scheme does not permit workers access to public funds or to bring family members. The SWV ties workers to a single employer meaning that vulnerabilities to risks of labour exploitation, debt and other serious challenges are tangible.
One of the big differences between SWV and SAWS is that the new scheme has a global reach meaning seasonal workers are now very nationally diverse. This raises important questions that have not filtered through to public debate.
How can workers from a wide range of very different countries be supported?
According to Home Office statistics, in 2022, workers of 62 nationalities came to the UK on temporary visas to do seasonal agricultural work. Such a range of people from different contexts and backgrounds brings an expanding range of needs. Some growers are attempting to respond to needs by, for example, offering prayer rooms. However, other requirements such as linguistic diversity are more difficult to accommodate, particularly in isolated rural locations.
Crucially, lack of effective communication can make it difficult for people to know their labour rights. For example, the retailer-funded Just Good Work App aimed at seasonal workers conveys information about working rights in the UK. However, I found it defaulted to a choice of English or Russian after the registration pages. This is a signal that something as simple as an app is not enough to enable communication between workers, their employers (growers) and intermediaries. Workers often feel pressure from supervisors when they have their hands full with tasks; this is not a context where they can easily use translation apps without losing time and missing targets. The question of how to support the linguistic diversity of workers cannot then be reduced to a smartphone application.
Does the distance that seasonal workers travel matter?
The research around the debts accrued by seasonal workers to fund their travel and time in the UK has found distance has important consequences. Workers responsible for paying their own air fares incur high transport costs for when they travel long distances. There is currently movement towards an employer pays principle, which would shift the cost of the workers’ visas and flights to the grower. But one of the reasons for the demand for seasonal migrant workers is that growers suffer from the low prices that they receive from retailers (mostly supermarkets). Shifting further costs onto growers may add to this problem. I would like to see the introduction of a retailer pays principle, where costs are carried by supermarkets who receive the highest added value from the fruit and veg they sell. Worker groups are now calling for this.
Moreover, in the context of climate change, we should consider the ecological impacts of a scheme which is global in reach and encourages regular short-term movement of people to the UK and home again. Short-termism is written into the scheme because there is no route to settlement for workers. The practice of recruitment of workers from within Europe not only meant that workers recruited had more rights within the labour market (before Brexit), making them less at risk of exploitation than current visa workers, but it led to a lower carbon footprint for the sector. Regularly flying workers around the world to produce ‘local fruit’ is a contradiction with an environmental cost.
Can recruiters be more aware and engaged with contexts of origin?
The SWV has had some early problems. These included the discovery by policy makers, thanks to NGO and journalist research, that many workers from Nepal and Indonesia were paying brokers large sums of money in order to gain access to the scheme, and subsequently accruing large debts to work. The UK government responded to this by revoking a license from one of the scheme operators, and suspending another. In the wake of reports documenting worker indebtedness and labour exploitation, the UK’s Gangmasters and Labour Abuse Authority, arranged bilateral meetings and a signing of agreements on information-sharing and worker protection with the governments of Kyrgyzstan and Uzbekistan in May 2023, two major countries of origin for SWV workers.
These responses to problems are reactive, framed as exceptions to a norm. The system is designed for prospective workers anywhere in the world to apply with an email. While on the face of it this is ‘open access’, for those with no English or prior knowledge of the UK or its government, using an intermediary is a logical thing to do. It is therefore no surprise that workers use brokers, especially in countries (for example, Indonesia) where the use of brokers is common and well-documented in academic research. These events are part of a context-blindness in which few efforts are made to understand the situations of prospective workers approaching the system from outside the UK labour market. In aiming to reach workers ‘globally’, the SWV system obliges potential migrantised workers to do all the cultural and linguistic work, and face all the risks of having their contexts, languages and needs little understood.
Not all seasonal migration programmes work this way. Canada, France and Spain use bilateral agreements that give both states of origin and destination responsibilities to temporary seasonal workers. Canada’s scheme is open to citizens of 12 countries (from Mexico and the Caribbean). Spain and France are subject to the EU Seasonal Workers Directive and have bilateral agreements to govern specific relationships. Spain’s system involves seven countries; France’s relevant bilateral agreements cover 19 countries. The UK’s open market approach is subcontracted through labour agents so bilateral arrangements including safeguards for workers rarely occur.
My pen keeps asking its question: ‘Need seasonal workers?’ The world does need seasonal workers. Harvests are seasonal, our food is seasonal, and we need our food. However, do seasonal workers need to be pro-actively recruited from a global rural labour force? I am not sure. Reports continue to emphasise needs for reform, particularly removing the tied nature of visas and allowing workers to access public services. Is this enough? Building a workforce requires continuity, reliability, exchange, connection, understanding and the development of skills. A better way of building such connections needed in the SWV could also include better linguistic support, verified intermediaries who are not sponsors, and a systematic role for trade unions to facilitate freedom of association as one of the core labour standards, so easily overlooked in the market-orientated UK context.
