NY Times Jan 2023
"A shortfall of around 330,000 workers, mostly in less-skilled jobs, including transportation, retail and hospitality, according to the Center for European Reform. That dearth of workers has hit the food and farming sectors particularly hard. Last year, 22 million pounds’ (about $27 million) worth of fruit and vegetables went unharvested, according to a survey by the National Farmers’ Union. In the survey, 40 percent of respondents said they had suffered crop losses, and more than half said they had cut back production."
Boston, one of only two places in UK still wanting Brexit (Jan 2023). It is "the most concerned about immigration: 72% believe “levels are too high”
LWA Report on migrant labour post-Brexit labour shortages.
Tomato Shortage
Is Brexit to blame? Part of the supply problem (March 23) is that the season for growing tomatoes in UK glasshouses is about nine months a year. Being obnly allowed a six-month visa means recruiting and training two sets of workers, adding to the paperwork and cost.In addition, visas are granted only if workers earn at least £10.10 for each hour worked - 60p more than the current National Minimum Wage.
Government respond (April 22) to EFRA Committee on Labour includes:
"the first step in understanding how the Government can support the uptake of automation technologies and reduce horticulture’s reliance on seasonal migrant labour."
2022 Seasonal workers sourced from Asia ' Due to Ukraine War' "The first tranche of non-European seasonal workers were expected “imminently” on UK farms, said Kent-based AG Recruitment – which is one of the four agencies licensed by the Home Office to recruit foreign workers under the government’s seasonal worker visa. Some growers have also noted on social media that these workers have already started arriving on farms. AG Recruitment was recruiting from countries from as far away as Nepal, Indonesia, Kazakhstan, Uzbekistan and Kyrgyzstan. " Nothing to do with Brexit?!?! - CC predicted exactly this.
Government appounted chair of Independent Review into labour shortages. "As set out in the Government Food Strategy, the Government recognises the sector cannot sustainably rely on migrant labour, especially in light of global pressures elsewhere. "
The May 2022 Food Labour Market Survey found that "49% of growers and food manufacturers had reduced their output due to a lack of workers, while 77% of businesses were experiencing shortages of low and unskilled workers"
July 22 British Berry Growers’ members found annual waste that could solely attributed to a lack of access to pickers almost doubled from 2020 to 2021, from £18.7mn to £36.5mn. Nick Marston, chair of the industry group, predicted the total would “double again this year”.
Go to the JobCentre! "Farmers have been told to reach out to their local Jobcentres to meet their recruitment needs as part of a new government push to help 500,000 jobseekers find work. The Minister for Employment Mims Davies suggested that farm employers, many of which continue to see chronic labour shortages, should utilise Jobcentres more....A significant decline in overseas labour over the past couple of years has led to thousands of vacancies in the food and farming sector. Reasons for the decline have been blamed on the new post-Brexit immigration regime and the global pandemic. "
The government is in "cuckoo world" when it talks of increasing produce, said a farmer who has lost £50,000 of asparagus due to a shortage of workers. "We waited four years to get a harvest from this particular field and so to not have anything from it at the end of the day is pretty demoralising. We wont be planting any more" June 22
Food Production at risk of moving overseas BRC leader says "The government has a choice. Does it want to maintain the level of food manufacturing as it stands at the moment in this country, or does it risk offshoring that production to other countries and then we import those finished goods into the UK," A government spokesperson said the UK's food supply chain was "highly resilient".
Working Mothers could fill abattoir jobs says Eustice. George Eustice said the meat processing industry is adjusting shift patterns to attract British staff, after many of the Eastern Europeans it had relied on for more than a decade left the country due to Brexit and the pandemic.
Meat sent to Ireland "Meat processors in Great Britain are having to export carcasses - destined for domestic consumption - to the EU for butchering because of the shortage of skilled workers in the industry. "
Under 25% of working age adults are shunning many of the essential jobs that keep the UK running. Just a quarter of working age adults would work in social care (25%) and healthcare (26%), and only 22% would work in food production, agriculture or animal care.
Army on Standby "Up to 2,000 HGV drivers from Royal Logistics Corps are on five-day to notice to deliver food and essentials to UK supermarkets due to shortage of 100,000 truckers"
How many Brexiters ever thought their Leave vote would result in their supermarket online orders being delivered by a Company Sergeant Major with two tours in Afghanistan?
Govt doubles down on demanding only British people deliver food supplies despite the food shortages
Dairy farmers forced to pour away thousands of tons of milk because of shortage of lorry drivers
Nestle admits supply chain issues The maker of Quality Street and Lion bars has said it is experiencing some supply chain problems ahead of the Christmas period.
Wetherspoon's boss - the arch Brexiteer - calls for visas for workers from the EU He "has urged the government to bring in a new visa scheme to help EU workers enter the UK as the hospitality sector faces a staffing crisis. "
2 Sisters boss says could be worst food shortages in 75 years and warned that Brexit had 'acutely reduced' available workers. He claimed panic buying will intensify unless critical issues currently threatening UK food supply are solved.
New immigration rules are confusing for employers
Tesco suppliers forced to bin nearly 50 tonnes of food each week due to lorry driver ‘crisis’. HGV driver shortage catastrophic
Food being thrown away due to labour shortages
"Mr Pearce said the labour intensive nature of the industry meant the shortage of workers was "partly down to the pandemic, but also structural problems due to Brexit".
G's warns of slavery risk "The fight against modern slavery could be undermined by a lack of resources, fresh produce supplier G’s Group has warned. And the government’s proposed new immigration laws could further exacerbate the problem, the NFU has suggested.
The Gangmasters and Labour Abuse Authority was struggling to carry out its remit due to a lack of funding. NFU horticulture and potatoes board chair Ali Capper. “If you make the sector short [of labour] the black market will fill that space. I’m not optimistic.”
10,000 jobs could go with rushed BPS withdrawal.
Jan '21 Daniel Hannon, a leading Tory for Brexit (now Lord) calls for the scrapping of the Temporary Workers’ Directive This guarantees agency staff receive equal pay and conditions with employees in the same business.
No 10 refuses to rule out changes to 48-hr week
Chicken producers warn of labour crisis. 10% drop in throughput.Dec 20 Ministers to allow 30,000 migrant workers Despite saying Brits would do it . Remember this is the issue that gave 'Brexit' its impetus in the Eastern counties
In a major concession to worried farmers, 30,000 temporary staff will be given permits in 2021, up from 10,000 this year, under a document circulated for an announcement due round Christmas.Exeter Report 'Farming's image must change to attract workers' Researchers say the perceived image of farming as a career – 'associations with low pay, long hours, and poor work-life balance' – needs to be reformed.
Pick for Britain scheme for UK-based farm workers scrapped "While it attracted big interest – with tens of thousands of Brits applying for thousands of roles during the first national lockdown – and received major backing from Waitrose, relatively small numbers of recruits made it onto farms. Estimates suggest Brits made up between 5% to 11% of the 70,000 picking and packing roles required across the 2020 season. The government has opted to work towards removing barriers to recruitment rthat will involve the Department for Work & Pensions, which runs Job Centres, rather than running a national campaign, "
1 The government has pointed out means no dilution of standards “in a manner that has an effect on trade or investment.” It will be hard to prove that reducing paid holidays or increasing the limits on workers’ exposure to dangerous chemicals will affect trade or investment.
2.It does not mean that all existing rights are to be safeguarded in their existing form or with the same level of detailed protection. Backsliding would appear to be permitted by a formula that defines “labour and social levels of protection” to mean “the levels of protection provided overall” in law. Removal of a specific protection while reiterating a general protection is likely to be enough.
3. If there were doubts about the UK’s capacity to regress, Article 6.2 of Title XI of the TCA affirms “the right of each party to set its policies and priorities … to determine the labour and social levels of protection it deems appropriate and to adopt or modify its law and policies in a manner consistent with each party’s international commitments.” That is why the Westminster government trumpets in its summary of the TCA, specifically in the context of workers’ rights, that “retained EU law will not have a special place on the UK’s statute books.”
Lazy Britons aren't the reason for UK's migrant workforce. "if the government really doesn’t want migrant workers in the fields, pay and conditions will need to be substantially better, and that means higher food prices in the shop "
Working Time
I didn't think this would take long.
Tory MP (Mann) calls for the government to review the EU's Working Time Directive after Brexit 'to fill labour shortages'.
The Conservative MP (Mann) for North Cornwall was asked about how the government will solve the problem of shortage of workers once the Brexit transition period ends and the new points-based immigration system is introduced. Mann admitted that the impact Priti Patel's proposals will have on the workforce is "one of the biggest challenges has at the moment".
He wanted the Directive diluted, so that people could volunteer to work more, although clearly it would enable employers to make people work more.
SAWS scheme may lead to modern slavery The new SAWS allowing overseas workers to take up agricultural work, puts workers at direct risk of human trafficking and forced labour. The scheme was put in place following the U.K.’s exit from the E.U., after concerns were raised that workers from Eastern Europe, who the agricultural sector is hugely reliant on, would struggle to work in the U.K. because of curbs on freedom of movement, risk of work and life under duress, and the risk of impossibility of leaving an employer.
Wot Rights?
5am starts, poverty wages and no running water - the grim reality of “picking for Britain. "When I started there were 30 Brits working in this field; a month later there are just five of us"
Regulations are not Rights
The government is saying something like - 'Workers' Rights are not in Withdrawal Bill, but regulations will made through Employment Bill'. A clever slight of hand. Regulations - decided by parliament and enforced by inspectors - only ever prevent the worst.
Standards go way beyond basic legal requirements - and proudly so - witness Red Tractor and other environment & welfare standards. But many food and farm operators who had worked to these in past, as they also satisfied EU standards, will not bother as we come out of the Single Market. There is no incentive to invest in better welfare & environment standards, if there is no reward for that investment - as we get from being inside the Single Market.
Immigration
There is much talk of point based system for migrant to enter UK, with a threshold of 30k earnings to even be considered. This is aimed to attract skilled workers not unskilled. The Migration Advisory Committee (MAC) recommends bringing that down 4k. It also recommends people who work in fishing, elementary agricultural roles or as waiting staff would be removed from the list, making it tougher for them to live and work here. NFU say "recommendations to reduce the salary threshold does not go far enough and urgent clarity is needed"
My predictions
Annual leave will become a luxury, with less breaks during day for many workers in food chain.
Gangmasters penalties reduced
'Risk assessment' removed for smaller operations.
Settled status HR Director at G's Fresh says: “The way it stands we cannot bring people in as of January 1 unless they have got settled status. Those people who normally return year-on-year, we need to ensure they have applied.” And will we get our turkey for Christmas this year?
Ministers warned "that their failure to introduce a seasonal workers’ scheme for next year could consign viable horticulture businesses ‘to the dustbin’. "
Virus
Prince Charles urged people furloughed to 'Pick for Britain'. Yet conditions on many of the picking plantations are like 'open prisons', working & sleeping in cramped conditions.
Mathon Farm in Herefordshire, is run by vegetable producers AS Green and Co—which supplies major supermarket chains like Tesco, Aldi, Sainsbury’s, Waitrose, Asda and M&S. July 13, 74 of the farm’s picking and packing workers tested positive for COVID-19, and 200 were required to self-isolate. Furloughed workers there said hey were required to share a toilet with 60 other people, their induction to the site had been carried out with 15 other people all sitting on shared benches, and there was no sign of sanitiser.
Improve food/farm labour conditions?
According to the RSA, "The three distinct ways our EU membership has affected British labour rights are labour law, equality law directives and European Court of Justice (ECJ) rulings." and thay are now "politically up for grabs."
The enforcement of employment laws on farms is pretty rare. The Agricultural Wages Board that protected workers in terms of wages, sick pay, leave - and even health & safety, was abolished by the Coalition government in 2013. We are unlikely to see that resurrected in England, despite Wales, Scotland and NI maintaining theirs. That is why it is quite right to say English land workers are more at risk.
Any legal checks are particularly rare on the family farms in West. The owners of the plantations in Eastern England usually have decent basic employment/H&S systems in place - in case they get checked by retailers. They will know and follow basic laws - contract law, discipline procedures but that may not extend to annual leave. At that point workers are pretty/very unorganised to take it to management let alone employment tribunals.
In Bittersweet Brexit, I deliberately used the term 'plantations' to describe method of growing much of our fruit and veg in this country. The term is borrowed from its early use to describe tropical plantations, which had profound impacts on our crops and capital accumulation. The characteristics of these is that they are monocultures grown on vast tracts of country, often owned by 'foreigners' and dependent on migrant workers to run. We can point to bananas, coffee, cocoa, and sugar plantations as examples. This mode of production has now moved to temperate climes like ours.
The main thing so far re Bojo's Bill is that decisions for employment appeals will go DOWN to judge level, where they will follow new government guidelines, instead of going up to High Court where they have to refer to the EU Courts. They have been know to pull UK into line over various employment laws.
Ten ways EU protects workers rights include limits on working hours, annual leave, time off, equal pay, maternity rights, parental leave, anti-discrimination, agency workers and health & safety. The parts most vulnerable are:
Working hours. Under EU law that UK resisted, employees cannot be forced to work more than an average of 48 hours a week. The Working Time Directive also made days off a legal requirement. Companies have to give staff a minimum of 48 hours off work per fortnight and a rest time of at least 11 consecutive hours (12 hours for young people) every day.
Holiday entitlements. The introduction of EU laws gave six million Britons better rights to paid leave, although now UK guarantees more days off than EU minimum, this os one to watch. On plantations it was main complaint that led to many joining a union.
Agency work EU rules adopted in 2008 saying temporary workers must be treated equally to directly-employed staff, including being given access to the same “amenities or collective facilities, were not popular with employees, and may be the first to be scrapped.
Food/Farm labour.
Think of low wages, long hours, gender exploitation, the waged/unwaged dichotomy, the ‘gig’ economy, the gap between CEOs and basic worker, the use of migrant labour, the urban-rural labour split, poor safety, the impact of science work on food quality, etc, There is much more light needed to look at current dynamics within the food system.
The Centre for Food Policy seminar series with Essex, Cardiff and Edinburgh Universities led to papers on food work for the journal Organization. Here is overview paper by Steffen Boehm (now at Exeter), Marja Spierenburg (at Leiden, NL) and Tim lang (City, London)
I gave presentation at Essex meeting, where I gave this interview afterwards.
For more on labour and Brexit
UK Rural employment Laws
While most major companies follow standards, just below the veneer all sorts of practices prevail. The two important UK laws that are very relevant are Gangmasters (Licensing) Act 2004 was carried in response to the awful tragedy of Chinese cockle workers in Morecambe Bay. It was set up through the Ethical Trading Initiative with support from many sectors of society. There are heavy penalties for unlicensed working.
The Modern Slavery Act 2015 sent "the strongest possible message to criminals that if you are involved in this disgusting trade in human beings, you will be arrested, you will be prosecuted and you will be locked up. The Bill was sponsored by then Home Secretary Theresa May, who estimated 2000 in farm/food sector could be modern slaves.
Neither of these Acts were forced on UK by the EU. They both reacted to prevailing conditions.
The Gangmasters and Labour Abuse Authority (GLAA), who regulate the industry and investigate modern slavery, recently stated that referrals relating to exploitation in the first half of 2020 equalled the total amount for 2017.
Health & Safety
I represented Unite Rural workers on H&S Exec for a long time' first for pesticides, then broader health issues and finally trying to tackle farm fatalities. Throughout this was a tripartite body, where employers, employee representatives and public bodies meet together.
On pesticides, we got a law on the requirement to have license in order to spray. I suspect they will keep that - after all in the Archers - Eddie Grundy got the spraying qualification we promoted. We can construct similar Expert Committees to those in the EU, but they will have to be funded, and are more likely to take a 'risk based' approach.
You are more likely to be killed on a farm than any other workplace in Britain. BY a long way. That is mainly because there is poor union organisation on farms and older workers, of which there are increasing proportion, cannot get out of way of moving machinery or animals quickly enough. There are no safety reps, who have lots of law supporting them, on farms as the bosses' union refuses to recognise them, and so there also no safety committees. PS I helped get John Archer bumped off in the way he did..
The Health % safety @ Work Act 1974 (HASAWA) is unlikely to be changed as it contains broad principles and was set up before we entered the EU. However the 'Six-Pack' does come from EU law in the 1990s, and can see some organisations challenge to employers' requirements to carry out risk assessments. Can see that being challenged as 'red tape'.