°Ç¸ç³Ô¹Ï

The Fair Work Agency (FWA)ÌýlicensingÌýstandardsÌýare the conditions labour providers need toÌýcomply withÌýtoÌýbe given and retainÌýaÌýgangmaster’s licence.ÌýÌý

Part 1 – background information on theÌýgangmaster’s licensing schemeÌý

1Ìý.Ìý±õ²Ô³Ù°ù´Ç»å³Ü³¦³Ù¾±´Ç²ÔÌýÌý

The Fair Work Agency’s (FWA) licensing standards for gangmasters protect workers from exploitation in agriculture, shellfish gathering, and food and drink processing and packaging. The FWA operates a licensing scheme for those acting as a ‘gangmaster’.ÌýÌý

Part 1 of this document provides background information on FWA’s licensing scheme.Ìý

Part 2 presents FWA’s licensing standards for gangmasters.Ìý

The licensing standards are the conditions of an FWA gangmaster’s licence.Ìý

The standardsÌýcompriseÌýthe requirements set out in theÌý,Ìýplus other relevant legal requirements.  This version of the licensing standards replaces the version issued in May 2012.ÌýÌý

For more information,Ìýcontact us by:Ìý

• email atÌýlicensing@fairworkagency.gov.ukÌý

• phone on 0345 161 6000

• post at Fair Work Agency, Loxley House, Station Street, Nottingham, NG2 3NG

Monday to Friday, 9am to 5pm (except public holidays)Ìý

Find out about call chargesÌý

Who needs a licence?ÌýÌý

2.1    ÌýÌýdefines the term ‘gangmaster’.ÌýYou canÌýalsoÌýreadÌýgeneral guidanceÌýonÌýwhat a gangmaster’s licence isÌýandÌýwho needsÌýone.Ìý

Acting as a ‘gangmaster’ includes:ÌýÌý

• supplying labour to agriculture, horticulture, shellfish gathering, and food processing and packagingÌýÌý

• using labour to provide a service in the regulated sectorÌý

• using labour to gather shellfishÌýÌý

2.2    A licence can be granted to any kind of legal entity, including individuals (sole traders), limited companies, unincorporatedÌýassociationsÌýor partnerships.ÌýÌý

2.3 â¶Ä¯â¶Ä¯â¶Ä¯ FWA takes a wide interpretation of the term ‘supply’.  Employment agencies and employment businesses that come within the scope of the licensing scheme, whether supplying temporary or permanent labour, will be tested against the licensing standards.  Labour includes all workers, whether temporary or permanent.ÌýÌý

2.4     If the work is undertaken in the UK, a licence isÌýrequiredÌýregardless of where the business isÌýlocated.ÌýÌý

2.5     SomeoneÌýis considered to beÌý‘using’ labour if they employ the worker under a contract of employment or engage them under a contract for services.  FWA also considers someone ‘using’ labour if theyÌýmake arrangementsÌýwith the worker that:ÌýÌý

• require the worker to follow his or her instructionsÌý

• determineÌýwhere,ÌýwhenÌýor how the worker carries out the workÌýÌý

2.6     The above applies whether the licence holder makes these arrangements directly with a worker or makes them indirectly through another person, for example a supervisor,ÌýintermediaryÌýor agent.ÌýÌý

2.7     There are exemptions from the licensing scheme for some specific circumstances. EmailÌýlicensing@fairworkagency.gov.uk, or call 0345 161 6000 ifÌýyou’reÌýnot sure if you need a licence.Ìý

How the licensing standards will be appliedÌýÌý

3.1    The licensing standards will be appliedÌýon the basis ofÌýthe type of business, for example whether the business provides temporary or permanent workers.  This means that not all the licensing standards will apply to all businesses.ÌýÌý

3.2    Generally, ifÌýa worker is to be paid by the licence holder, they will be expected to meet most, if not all, of the standards.  However, if youÌýare not able toÌýmeet a standard because it is notÌýappropriate forÌýyour business, you may still be granted a licence.ÌýÌý

3.3     Further advice on how the licensing standards might apply to an individual business can be obtained from FWA.ÌýEmail licensing@fairworkagency.gov.uk, or call 0345 161 6000.

Assessing compliance and FWA inspectionsÌýÌý

4.1 â¶Ä¯â¶Ä¯â¶Ä¯ FWA adopts a proportionate approach when applying the licensing standards. ÌýWe’reÌýconcerned withÌýidentifyingÌýthe more persistent and systematic exploitation of workers rather than concentrating on isolated non-compliances, unless such a non-compliance is ‘critical’ in its own right.ÌýÌý

4.2     Workers employed by a labour provider should expect to receive the same fair treatment irrespective of which sector they work in.  If a business wishes to obtain or hold an FWA gangmaster’s licence, FWA will consider its conduct beyond the licensed sectors as well as within them.  This will beÌýtaken into accountÌýwhenÌýmaking a decisionÌýas to whether the business is fit and proper and its compliance withÌýall ofÌýthe licensing standards. ÌýÌý

4.3     Where non-compliance is found, whereÌýappropriate FWAÌýwill refer this non-compliance to our partners, who may decide toÌýtake actionÌýseparate to any action FWA may take.  Our partners include but are not limited to:ÌýÌý

• the Pensions Regulator where there is a manipulation of auto-enrolment pensionsÌýÌý

• HM Revenue & Customs (HMRC) for breaches of Standard 2.1 concerning payment of taxÌýÌý

• the National Minimum Wage (NMW) team at HMRC for breaches of Standard 2.2, 3.3 and 7.1 concerning non-compliance against the NMW and / or the National Living Wage (NLW), or the relevant Agricultural Wages teamÌý

• the police where there is suspected criminalityÌý

• Local Authorities for serious breaches of Standard 4.1 and 4.2 concerning worker accommodationÌý

• Information Commissioner’s Officer for breaches of Licensing Standard 5.5Ìý

• the Health and Safety Executive for serious breaches of Standards 6.1 – 6.3, andÌýÌý

• the Insolvency Service where there are grounds for a potential director disqualificationÌý

4.4 â¶Ä¯â¶Ä¯â¶Ä¯ FWA will work closely with other government departments and agencies, and exchange information through legal gateways.  This forms part of the licensing process and assessment of compliance with the standards.ÌýÌý

4.5     Compliance with the licensing standards is assessed, where necessary, through inspections of applicants and licence holders.ÌýÌý

4.6     During an inspection, the applicant or licence holder may be asked to give details of contracts with clients.  The inspection may include visiting your clients to check the place of work.  FWA may also interview workers.  The inspection willÌýproceedÌýbased on the workers’ responses and any other relevant factors.ÌýÌý

4.7     The applicant or licence holder may be asked to provide documentary evidence (such as written terms and conditions with workers and clients, contracts, wage records etc) toÌýdemonstrateÌýcompliance with the licensing standards.  Where an applicant is inspected and they are alreadyÌýoperatingÌýin non-FWA regulated sectors, we may seek the applicant’s agreement to inspect those activities.ÌýÌý

4.8     A new business will be expected to show that it has systems in place thatÌýdemonstrateÌýits ability toÌýcomply withÌýthe standards.ÌýÌý

4.9     The information collected during an inspection willÌýassistÌýFWA inÌýdeterminingÌýwhether a licence should be granted or refused for an application or revoked for an existing licence holder.ÌýÌý

4.10    The inspection will test the relevant licensing standards, which will result in an overall score.  Each standard has an associated score.  StandardsÌýdesignatedÌýas ‘critical’ are worth 30 points.  All other standards are worth 8 points, except licensing standard 1.4 which can score up to 16 points and Licensing Standard 2.5 which can score 8 or 30 points depending on the breach.  There are 3Ìýpossible outcomes:ÌýÌý

1 . No issuesÌýidentified.Ìý

2 . Inspection score below 30 points.Ìý

3 . Inspection score 30 points or more.Ìý

No issuesÌýidentifiedÌý

4.11    For applicants, a licence will be granted.  There would be no change for existing licence holders.ÌýÌý

Inspection score is below 30 pointsÌýÌý

4.12    Additional Licence Conditions (ALCs) will be attached to the licence.  An ALC is a specific requirement which a licence holder mustÌýcomply with.  Usually, ALCs will be against individual non-critical standards where non-compliance has beenÌýidentified.  The licence will become conditional on those non-compliances being corrected.  FWA will explain what measures need to be taken to rectifyÌýidentifiedÌýnon-compliances.ÌýÌý

Inspection score is 30 points or moreÌýÌý

4.13    The application or licence will usually be refused or revoked.  However, FWA may consider attaching ALCs where it is proportionate to do so after considering the extent and nature of the non-compliance.ÌýÌý

4.14    If an application is refused, the applicant must not trade in the licensable sectors.  Any revocation will be with or without immediate effect depending on which standards are failed.  If a licence is revoked, the licence holder will be notified of whether trading may continue, usually until the outcome of any appeal isÌýdetermined, or whether they should cease tradingÌýimmediately.ÌýÌý

Applying for a licenceÌýÌý

5.1     You canÌýapply for an FWA gangmaster’s licence online.ÌýYou can alsoÌýemailÌýlicensing@fairworkagency.gov.uk, orÌýcall 0345 161 6000.Ìý

5.2     The first stage of applying for licence is to complete the application form.  The ‘Principal Authority’ (PA),ÌýtheÌýperson responsible for the day-to-day management of the business,Ìýis responsible forÌýsigning the declaration of the completed application form on behalf of the business.ÌýÌý

5.3     Any informationÌýsubmittedÌýin an application will be processedÌýin accordance withÌýthe Data Protection Act 2018.  FWA is the data controller for the purposes of this Act.  Information provided may be shared with other government departments and law enforcement agencies.ÌýÌý

5.4     Once your application has beenÌýsubmitted, FWA will run checks with other UK enforcement agencies and, ifÌýrequired, authorities in other countries.  You may also be inspected or asked to provide additional information.  The licensing team will then decide whether a licence can be granted.

5.5     Once your application is approved, your licence will usually be granted for a 12-month period.  FWA will contact you before the expiry date to remind you that your licence is due for renewal.  You must renew your licence before your current one expires otherwise a new application must be made.ÌýÌý

5.6    ÌýApplication fees are published online. ÌýYou can also email licensing@fairworkagency.gov.uk, or call 0345 161 6000.

5.7     Details of all licence holders are available on theÌý

5.8     Please be aware that FWA will usually automatically refuse applications where it is proportionate to do so in the following circumstances:ÌýÌý

• If an applicant, proposed PA and / or any person named or specified in the application has been found not to be fit and proper. This applies for at least 2 years from the date of that decision.Ìý

• Where an applicant, proposed PA and / or any person named or specified in the application has been refused or revoked twice within a 2-year period. This applies for at least 2 years from the date of the second decision.Ìý

5.9 â¶Ä¯â¶Ä¯â¶Ä¯ FWA will also consider automatically refusing an application in the following circumstances:ÌýÌý

• If an applicant, proposed PA and / or any person named or specified in the application is found to have been connected to someone who has beenÌýdeemedÌýnot to be fit and proper. This applies for at least 2 years from the date of the fit and proper decision.ÌýÌý

• Where an applicant, proposed PA and /or any person named or specified in the application is found to have been connected to someone who has been refused or revoked twice within aÌý2 yearÌýperiod. This applies for at least a 2-year period from the date of the second decision.ÌýÌý

5.10    Further, paragraphs 5.8 and 5.9 will apply if standards 1.1 and 3.1 have been failed.  These paragraphs will also apply if standards 3.2 and 3.3 have been failed where forced labour has beenÌýidentified.ÌýÌý

5.11    The above will apply unless exceptional circumstances can beÌýdemonstratedÌýto justify why the application should be considered on its own merits.ÌýÌý

Who should be named on a licence?ÌýÌý

6.1     A licence authorises a business to act through named individuals or specified posts.  TheÌý displays those named or specified on a licence.ÌýÌý

6.2     Anybody with a responsibility for negotiating contracts with clients for supplying workers or providing services needs to be named or specified on the licence.  For licence holders with a turnover of less than £5 million a year in the regulated sectors, actual names areÌýrequired.  For licence holders with a turnover of £5 million or more, individuals can be specified by job titles.ÌýÌý

6.3     For licences authorising the use of a worker to gather shellfish, supervisors or group leaders must be individually named on the licence (please see licensing standard 6.5 for further details).ÌýÌý

Appealing against an FWA decisionÌýÌý

7.1     There is a right of appeal against any decision of the FWA to:ÌýÌý

• refuse an application for a licenceÌýÌý

• attach conditions to a licenceÌý

• revoke a licenceÌý

• refuse the transfer of a licenceÌýÌý

7.2     Any decision FWA makes will explain the process for making an appeal.  Guidance on the appeals process is available from the Gangmasters Licensing Appeals Secretariat. Ìý

The Secretariat can be contacted at:ÌýÌý

Gangmasters Licensing Appeals, Alexander House, 14-22 The Parsonage, Manchester, M3 2JAÌýÌý

DX address: DX 743570 Manchester 66Ìý

Telephone: 0161 833 6100          Ìý

Fax: 0161 832 0249Ìý

EmailÌýgangmastersappeals@justice.gov.ukÌýÌý

7.3     In Northern Ireland, the Secretariat may be contacted at:ÌýÌý

Office of the Industrial Tribunals and the Fair Employment Tribunal, Gangmasters Licensing Appeals,ÌýKillymealÌýHouse, 2ÌýCromacÌýQuay, Belfast, BT7 2JDÌýÌý

Telephone: 02890 327 666          Ìý

Fax: 028 9025 0100ÌýÌý

·¡³¾²¹¾±±ô mail@employmenttribunalsni.orgÌýÌý

Criminal offencesÌýÌý

8.1     The Gangmasters (Licensing) Act 2004 includesÌýa number ofÌýcriminal offences.  FWA enforces these criminal offences on behalf of the Home Office (in Great Britain) and the Department of Agriculture and Rural Development (in Northern Ireland).ÌýÌý

Section 12(1) Offence: Acting as a gangmaster without a licenceÌýÌý

8.2     It is illegal to act as a gangmaster without a licence.  The maximum penalty forÌýoperatingÌýwithout a licence is 10 years in prison and a fine.ÌýÌý

Section 12(2) Offence:ÌýPossessingÌýfalse documentsÌýÌý

8.3     A person commits an offence if,Ìýin an attempt toÌýmake another person believe they are licensed, theyÌýpossessÌýor control a relevant document that:ÌýÌý

• is false or they know or believe is falseÌýÌý

• was improperly obtained and or that they know or believe was improperly obtainedÌýÌý

• relates to someone elseÌýÌý

8.4     ‘Relevant’ means any document FWA issues in connection to a licence and being licensed.ÌýÌý

Section 13(1) Offence: Using an unlicensed gangmasterÌýÌý

8.5     It is illegal to use an unlicensed gangmaster.  The maximum penalty for this offence is 6 months in prison and a fine.ÌýÌý

Section 18(1) Offence: ObstructionÌýÌý

8.6     It is an offence to obstruct an FWA officerÌýin the course ofÌýhis or her duties.  It is also an offence toÌýfail toÌýcomply, without reasonable cause, with any requirement made by an FWA officer.ÌýÌý

ComplaintsÌýÌý

9.1     If you are dissatisfied with the service you receive from FWA,Ìýyou can complain by:Ìý

• email atÌýcomplaints@fairworkagency.gov.ukÌý

• phone on 0345 161 6000

• post at Fair Work Agency, Loxley House, Station Street, Nottingham, NG2 3NGÌý

Part 2 – theÌýlicensingÌýstandardsÌýÌýÌý

This section sets out the detail of the FWAÌýlcensingÌýstandards and explains what is expected toÌýdemonstrateÌýcompliance.  The standards are the conditions of a licence.ÌýÌý

References to a ‘licence holder’ includes applicants for an FWA gangmaster’s licence.ÌýÌý

Licensing standard 1: Fit and proper testÌýÌý

1.1      Critical: Fit and properÌýÌý

The licence holder, PA and any person named or specified in the licenceÌýmust at all timesÌýact in a fit and proper manner.ÌýÌý

Please noteÌýÌý

FWA will assess all relevant factors in considering whether a licence holder acts in a fit and proper manner.ÌýÌý

The factors FWA will consider include, but are not limited to, whether the PA, directors or company officers (where the licence holder is a company), partners (where the licence holder is a partnership), members of the association (where the licence holder is an unincorporated association) and / or any person named or otherwise specified in the licence has:ÌýÌý

• Intentionally obstructed FWA.  This includes preventing an inspection being conducted without reasonable cause.Ìý

• Been convicted of any criminal convictions unspent under the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978. ÌýParticular considerationÌýwill be given to offences of dishonesty, fraud, violence, forced labour, human trafficking, carrying offensive weapons,Ìýfire armsÌýoffences, intimidation, blackmail or harassment.Ìý

• Contravened any of the requirements and standards of other regulatory authorities, including the Department for Business and Trade (DBT), the Department for Work and Pensions (DWP), HM Revenue and Customs (HMRC), Health and Safety Executive (HSE) (including where the HSE issue a Prohibition Notice), UK Visas and Immigration (UKVI), police, local authorities or overseas authorities.Ìý

• Been an owner,ÌýdirectorÌýor partner, or has been concerned in the ownership or management of a business that has gone into insolvency,ÌýliquidationÌýor administration whilst the person hasÌýbeen connected withÌýthat organisation.Ìý

• Been investigated, disciplined,ÌýcensuredÌýor criticised by a regulatory or professional body,ÌýcourtÌýor tribunal, whether publicly or privately in matters relating to any business with which they have been involved.Ìý

• Been dismissed from, or asked to resign and resigned from, employment or from a position of trust, fiduciary appointment or similar.Ìý

• Been disqualified from acting as a director or disqualified from acting in any managerial capacity.Ìý

• Not been candid and truthful in all their dealings with any regulatory body and they have notÌýdemonstratedÌýa readiness and willingness toÌýcomply withÌýthe requirements and standards of the regulatory system and with other legal,ÌýregulatoryÌýand professional requirements and standards.  This includes deliberately under declaring turnover.ÌýÌý

• Been influenced by a third party who FWA considers not fit and proper.Ìý

FWA treats each case individually, taking account of the seriousness of, and circumstances surrounding, the matter in question. FWA will consider the explanation offered by the person to whom it relates, the relevance of any conviction, rehabilitation and evidence that the matter will not reoccur.

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

1.2      Critical: Principal Authority competency testÌýÌý

FWA will consider the PA’s competence and capability to hold a gangmaster’s licence in deciding whether the PA is ‘fit and proper’.  In making this decision, regard will be given to matters including, but not limited to, whether the PAÌýhas an understanding ofÌýthe FWA licensing standards and / or has sufficient management processes.ÌýÌý

Please noteÌýÌý

Where this standard is failed for licence holders where a new PA has been appointed, the licence may be revoked with immediate effect.ÌýÌý

1.3      Critical: Correcting Additional Licence ConditionsÌý(ALCs)

A licence holder must correct any ALCs within theÌýtime periodÌýprescribed by FWA.ÌýÌý

Please noteÌýÌý

This includes notifying FWA within 20 working days once the licence holder starts to supply workers in the licensable sectors following the issue of a licence.ÌýÌý

This should be doneÌýin accordance withÌýFWA’s instructions on clearing ALCs.ÌýÌý

Failure against this standard will lead to a licence being revoked without immediate effect.ÌýÌý

1.4      Changes in detailsÌýÌý

A licence holder must notify FWA within 20 working days if:ÌýÌý

• the PA changes (16 points)ÌýÌý

• the licence holder, PA, directors, companyÌýsecretaryÌýor partners are convicted of any criminal offence or receive an alternative civil sanction (16 points)ÌýÌý

• the business enters administration, liquidation or is made bankrupt (16 points)ÌýÌý

• the business VAT number changes (16 points)ÌýÌý

• the trading name changes (16 points)ÌýÌý

• any directors, company secretary,ÌýpartnersÌýor other individuals named on the licence change (8 points)ÌýÌý

• any contact details for the business change (8 points)ÌýÌý

Please noteÌýÌý

Please see paragraph 4.10 of Part 1 for information on the scoring system of the licensing standards.ÌýÌý

Non-compliance with this standard will contribute a maximum of 16 points to a licensing standard compliance score. If more than 1 non-compliance isÌýidentified, the standard will only be failed once with only the highest score beingÌýaccrued.  The points will remain on the licence for a 12-month period and will count towards anyÌýsubsequentÌýinspection score within that period.ÌýÌý

This standard will not be failed if the licence holder can provide a reasonable explanation for why they have not notified FWA within the timescale required.

A licence will expire if a licence holder’s registered company number or Unique Tax Reference change. A licence may also expire if the business is in liquidation.ÌýÌý

Licensing standard 2: Pay and tax mattersÌýÌý

2.1    Critical: PAYE, NI and VATÌýÌý

A licence holder who employs workers under a contract of employment, contract of service, engages them under a contract for services or where the provisions of Chapter 7 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 apply must:ÌýÌý

• be registered with HMRC and have a valid PAYE number, andÌýÌý

• accurately calculate and deduct tax and National Insurance from all workers’ pay and pay the correct amount to HMRCÌýin a timely manner.ÌýÌý

A licence holder who exceeds the VAT threshold must be registered with HMRC, and charge and pay the correct amount of VATÌýin a timely manner.ÌýÌý

Please noteÌýÌý

Failure against this standard will lead to the licence being revoked without immediate effect.ÌýÌý

2.2   Critical: Paying WagesÌýÌý

A worker must be paid at least the NMW, NLW or, if applicable,Ìýin accordance withÌýtheÌýappropriate AgriculturalÌýWages Order (AWO).Ìý

Sufficient records must be keptÌýto proveÌýpayment of NMW, NLW orÌýin accordance withÌýtheÌýappropriate AWO.ÌýÌý

Please noteÌýÌý

Failure against this standard will lead to the licence being revoked without immediate effect.ÌýÌý

2.3 â¶Ä¯â¶Ä¯â¶Ä¯â€¯ BenefitsÌýÌý

 A licence holder must:ÌýÌý

• pay a worker sick, maternity,ÌýpaternityÌýand adoption pay to which they are legally entitledÌýÌý

• maintain records to show that a worker receives paid sick, maternity,ÌýpaternityÌýand adoption pay to which they are legally entitledÌýÌý

• enrolÌýappropriate workersÌýinto a workplace pension scheme and keep sufficient records to prove complianceÌýÌý

2.4      PayslipsÌýÌý

A licence holder must provide workers with itemised payslips at or before the time when wages or salary is paid.ÌýÌý

Please noteÌýÌý

The payslip shouldÌýcontainÌýthe gross and netÌýamountÌýof wages or salary and the amounts and purposes of any deductions.ÌýÌý

2.5      Critical: Holiday payÌýÌý

A licence holder must maintain records to show that a worker receives paid annual leave to which they are legally entitled (8 points)

A worker must be paid any holiday pay to which they are legally entitledÌýduring the course ofÌýtheir engagement (30 points)ÌýÌý

Where a worker’s engagement isÌýterminatedÌýduring the course ofÌýa leave year, a licence holder must give them payment in lieu of anyÌýaccruedÌýand unused holiday entitlement (30 points)ÌýÌý

A licence holder must not illegally prevent a worker from taking annual leave (30 points)ÌýÌý

Please noteÌýÌý

Non-compliance with this standard will contribute a maximum of 30 points to a licensing standard compliance score. ÌýÌý

Failure against this standard will lead to the licence being revoked without immediate effect.ÌýÌý

Licensing standard 3: Forced labour and mistreatment of workersÌýÌý

3.1     Critical: Physical and mental mistreatmentÌýÌý

 A licence holder must not:ÌýÌý

• subject a worker to physical or mental mistreatmentÌýÌý

• subject a worker to sexual violenceÌýÌý

• make threats to worker or othersÌýÌý

• abuse a worker because of any vulnerability and must pay due regard to theÌýÌýÌý

• deceive a worker about the nature of the work, pay or living conditionsÌýÌý

• subject a worker to isolationÌý

• subject a worker to abusive working, living conditions or excessive overtimeÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

3.2      Critical: Restricting a worker’s movement, debt bondage andÌýretainingÌýID documentsÌýÌý

A licence holder must not:ÌýÌý

• Restrict a worker’s movement.  There should be no debts between a licence holder and worker that prevent the worker freely seeking other employment.  Workers must be free to work elsewhere without incurring, or fear of incurring, any other detriment.Ìý

• Subject, or threaten to subject, a worker to any detriment because the worker hasÌýterminatedÌýor given notice toÌýterminateÌýany contract between the worker and the licence holder or the worker has taken up or proposes to take up employment elsewhere.ÌýÌý

• Require the worker to notify the licence holder, or any person connected to the licence holder, the identity of any future employer.Ìý

• Retain identity papers, except when it is necessary to check a worker’s entitlement to work in the UK, and then only until the check is complete.ÌýÌý

• Force or coerce a worker to work against their will.ÌýÌý

If a worker is loaned money by the licence holder, labourÌýuserÌýor intermediary the worker:ÌýÌý

• cannot beÌýrequiredÌýto repay a sum greater than the sum loaned, andÌýÌý

• must be provided in writing with full details of the repayment terms of any loan.ÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

3.3      Critical: Withholding wagesÌýÌý

A licence holder must not withhold or threaten to withhold the whole or part of any payment due to a worker in respect of any work they have done on any of the following grounds:ÌýÌý

• the licence holder has not received payment from the labour userÌýÌý

• the worker has failed to prove that they have worked during a particularÌýperiod of timeÌý(but this does not prevent the licence holder from satisfying itself by other means that the worker worked for theÌýparticular periodÌýin question)ÌýÌý

• the worker has not worked during any period other than that to which the payment relatesÌý

• any matter within the control of the licence holderÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

Licensing standard 4: AccommodationÌýÌý

4.1 â¶Ä¯â¶Ä¯â¶Ä¯â€¯â€¯Critical: Quality of accommodationÌýÌý

A licence holder who provides, or effectively provides, accommodation must ensure the property is safe for the occupants.ÌýÌý

 Please noteÌýÌý

The accommodation must beÌýmaintainedÌýin a good state of repair, mustÌýcontainÌýadequate kitchen,ÌýbathroomÌýand toilet facilities for the number ofÌýoccupantsÌýand must not be overcrowded.  Any category 1 hazards as assessed under the Housing Health and Safety Rating System must be properly resolved.ÌýÌý

Furniture and furnishings supplied in the accommodation mustÌýcomply withÌýall relevant legislation.ÌýÌý

Gas installations must be maintained at least annually by a suitably qualified person registered with theÌý . Copies of the annual gas safety check must be given to all occupants or prominently displayed in the property.  If such a person hasÌýsaid that remedial actions are needed to make the installation safe, this remedial work must be undertaken as soon as possible by a suitably qualified person.ÌýÌý

Electrical equipment, including the fixed wiring and any appliances, must be safe and properlyÌýmaintained.ÌýÌý

FWA will take a proportionate view in deciding on whether to fail this standard for minor infringements or easily fixable issues.ÌýÌý

A licence holder will be considered as providing or effectively providing accommodation in all the following circumstancesÌýwhether or notÌýthe accommodation is let by the licence holder or a third party:ÌýÌý

• the accommodation is provided in connection with the worker’s contract of employmentÌýÌý

• a worker’s continued employment is dependent upon occupyingÌýparticular  accommodationÌýÌý

• a worker’s occupation of accommodation is dependent uponÌýremainingÌýinÌýa  particularÌýjobÌýÌý

Where the provision of accommodation by a licence holder and a worker’s employment are not dependent upon each other, a licence holder mayÌýbe considered to beÌýproviding accommodation in circumstances where:ÌýÌý

• a licence holder is a worker’s landlord either because they own the property or because they are subletting the propertyÌýÌý

• a licence holder and the landlord are part of the same group of companies trading in associationÌýÌý

• a licence holder’s and the landlord’s business have the same owner, or business partners,ÌýdirectorsÌýor shareholders in commonÌý

• a licence holder or an owner, business partner,ÌýshareholderÌýor director of the licence holder’s business receive a monetary payment and / or some other benefit from the third party acting as landlord to the workersÌý

A third party in this instance includes:ÌýÌý

• a business and company which is a separate legal entity to the licence holderÌýÌý

• an individual including those who are family members of a director, business partner, shareholder,ÌýownerÌýor PA of the licence holder, andÌýÌý

• a business or company with a director, shareholder,ÌýownerÌýor business partner who is a family member of a director, shareholder, owner,ÌýPAÌýor business partner of the licence holderÌý

This interpretation will apply whenever the licence holder is providing accommodation regardless of whether the worker can chooseÌýwhether or notÌýto occupy the accommodation.  Even if the accommodation is optional, where the worker chooses to accept the offer, this interpretation will apply.ÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

4.2      Licensing of accommodationÌýÌý

A licence holder who provides, or effectively provides, accommodation must ensure the property is properly licensed or registered if:ÌýÌý

• it is a licensableÌýHouse of Multiple Occupation (HMO)Ìý

• it is in an area subject to selective licensingÌýÌý

• the accommodation is on a caravan site which requires licensingÌýÌý

A licence holder who hasÌýaÌýHMO licence, mustÌýcomply withÌýany conditions of that licence.ÌýÌý

A licence holder who provides accommodation in Scotland must be registered with the local authority as a private landlord.ÌýÌý

4.3     Situations where workers are provided with travel orÌýrequiredÌýto live away from homeÌýÌý

A licence holder must not arrange work for a worker (except where the worker is employed by the labour user) if, in order to take up that work the worker must live away from their UK home, unless the licence holder has taken all reasonable steps to ensure that:ÌýÌý

• suitable accommodation will be available for the worker before they start workÌýÌý

• the worker has been informed of details of the accommodation including any cost to them, andÌýÌý

• suitable arrangements have been made for them to travel to such accommodationÌý

Where a worker is:ÌýÌý

• to be supplied to a labour user, except as the labour user’s employee, or is under 18 years old, andÌýÌý

• the licence holder, labour user or any intermediary has arranged free travel or paid the worker’s travel expenses to workÌý

• the licence holder must, if the work does not start or when it finishes, either arrange free travel for the worker’s return journey, pay the worker’s return fare or arrange for the labour user or any intermediary to provide free travel or pay the return fareÌýÌý

A licence holder must give notice to the worker setting out the details of the free or paid for travel, including any conditions which apply.ÌýÌý

A licence holder must not arrange work for a worker younger than 18 years old where theyÌýare required toÌýlive away from home unless the worker’s parent or guardian has consented.ÌýÌý

Please noteÌýÌý

Where a labour user does notÌýcomply withÌýthe undertaking to arrange free return travel or pay the return fare, the licence holder must either arrange free travel for the return journey of the worker or alternatively pay their fare.ÌýÌý

Licensing standard 5: Working conditionsÌýÌý

5.1      Rest periods,ÌýbreaksÌýand annual leaveÌýÌý

A worker must be able to take the rest periods and breaks to which they are legally entitled.ÌýÌý

5.2      Working hoursÌýÌý

A worker must not be forced to work more than 48 hours a week on average unless they agree to work beyond this limit.ÌýÌý

Any agreement must be voluntary, in writing and signed by the worker.ÌýÌý

A worker must be free to amend or cancel this agreement, subject to notice requirements.ÌýÌý

5.3     Right to belong to a trade unionÌýÌý

 A worker must not be prevented from taking up trade union membership nor be penalised for doing so.ÌýÌý

5.4     Providing workers in industrial disputesÌýÌý

A licence holder must not introduce or supply a worker:ÌýÌý

• to replace a worker taking part in an official strike or any other industrial actionÌýÌý

• to do work of someone who has been transferred by the labour user to perform the duties of the person on strike or taking industrial actionÌýÌý

Please noteÌýÌý

This standard will not be failed if the licence holder does not know, or has no reasonable grounds for knowing, that official strike action is in progress.  This standard also does not apply to unofficial strike action.ÌýÌý

5.5      ConfidentialityÌýÌý

A licence holder must meet its responsibilities in terms of compliance with Data Protection legislation and ensure that personal data and information about workers is held securely and is notÌýdisclosedÌýwithout consent or other legal authority.ÌýÌý

5.6      Disciplinary and grievance proceduresÌýÌý

A licence holder must deal properly with disciplinary matters and grievances.ÌýÌý

5.7      DiscriminationÌýÌý

A licence holder must not unlawfully discriminate against a worker or work seeker on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief,ÌýsexÌýand sexual orientation.ÌýÌý

Licensing standard 6: Health and safetyÌýÌý

6.1      Assigning responsibility and assessing riskÌýÌý

A licence holder must co-operate with the labour user to ensure that:ÌýÌý

• responsibility for managing theÌýday to dayÌýhealth and safety of the workers has been agreed and assignedÌýÌý

• a suitable and sufficient health and safety risk assessment has been completed (and recorded whereÌýrequired) before workÌýcommences, andÌýÌý

• any risksÌýidentifiedÌýare properly controlledÌýÌý

6.2      Instruction and trainingÌýÌý

A licence holder must co-operate with the labour user to ensure responsibility for:ÌýÌý

• any health and safety training, including induction training,ÌýdeemedÌýnecessary to carry out the work safely has been agreed and assignedÌýÌý

• making sure that the workers provided have received any necessary health and safety training, including induction training,Ìýappropriate toÌýthe sites at which they are working and the work they have been employed to do, andÌýÌý

• making sure all information and training is comprehensibleÌý

No charge may be made for providing health and safety training. Any time spent training should be treated as an extension of time at work.ÌýÌý

6.3      Safety at workÌýÌý

A licence holder must co-operate with the labour user to make sure that:ÌýÌý

• Adequate andÌýappropriate PersonalÌýProtective Equipment (PPE) is provided. Employees and workers who would be legally regarded as employees for health and safety purposes must be provided with PPE without charge.Ìý

• Adequate arrangements have been made to provide welfare facilities (sanitary conveniences, washing facilities, drinking water, facilities for changing clothes and for rest and consuming food and drink) where it is reasonablyÌýpracticableÌýto do so or if it is legally required, andÌýÌý

• Adequate arrangements have been made for first aid and the recording and reporting of reportable incidents at work.Ìý

Please noteÌýÌý

A licence holder must not ask for payment for PPE from employees and workers who would be legally regarded as employees for health and safety purposes. This includesÌýseekingÌýrefundable or non-refundable deposits.ÌýÌý

If a workerÌýfails toÌýreturn the PPE,Ìýas long asÌýthe requirement to do so has been made clear in writing, the licence holder may deduct the cost of the replacement from any wages owed.ÌýÌý

Accidents must beÌýproperly investigatedÌýso that lessons can beÌýlearnedÌýand changes can be made to ways of working,ÌýequipmentÌýor supervision if necessary.ÌýÌý

6.4      Critical: TransportÌýÌý

A vehicle used by the licence holder to transport workers must:ÌýÌý

• have a valid vehicle licence (tax disc)ÌýÌý

• have an applicable MOT certificate ifÌýrequiredÌýÌý

• haveÌýappropriate insurance, including cover for all circumstances of hire or reward regardless of the size of the vehicleÌýÌý

• be in a roadworthy condition and have no obvious or identifiable defectsÌýÌý

• carry workers in a safe mannerÌý

A licence holder whoÌýoperatesÌývehicles with 9 or more passenger seats used for hire or reward must have:ÌýÌý

• a Public Service Vehicles (PSV) Operator’s licenceÌý

• documentary evidence that the vehicles are registered andÌýmaintainedÌýas PSVs and have a Certificate of Initial FitnessÌý

A driver used by the licence holder to transport workers must:ÌýÌý

• hold a valid driving licenceÌýÌý

• have Passenger Carrying Vehicle (PCV) entitlement and driver Certificate of Professional Competence if driving a vehicle with 9 or more passenger seats used for hire or rewardÌýÌý

• comply withÌýrules covering drivers’ hours and tachographsÌý

• carry workers in a safe mannerÌý

Please noteÌýÌý

In assessing whether a vehicle has ‘obvious or identifiable’ defects, FWA will apply aÌýcommon senseÌýtest of whether the vehicle is clearly unsafe, for example, without seatbelts or with unsafe seats and doors.ÌýÌý

FWA will take a proportionate view in deciding on whether to fail this standard for minor infringements or easily fixable issues.ÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

6.5      Critical: Using workers to gather shellfish – Planning and supervisionÌýÌý

 A licence holder must ensure each group of workers has a recognised and competent supervisor / group leader named on the licence.  The supervisor / group leaders must:ÌýÌý

• have knowledge of local tide tables (and haveÌýan accurateÌýwatch) and forecast weather and local conditions (including quicksand, shifting gullies, rivers in flood, the nature and speed of the tide)ÌýÌý

• be able to communicate directly with workers under their controlÌýÌý

• have a suitable communications device (either a VHF marine band radio or a mobile telephone where reception is adequate). Batteries should be sufficientlyÌýchargedÌýand the devices should be kept dryÌýÌý

• have a location device, preferably a Global Positioning Unit (GPS) and / or compassÌýÌý

• have emergency telephone numbers for the Maritime and Coastguard Agency and other emergency services as well as appropriatelyÌýmaintainedÌýand correctly used emergency equipment (including flares and whistles in case of fog or mist)ÌýÌý

• recognise that working at night createsÌýadditionalÌýrisks and requiresÌýappropriateÌýand special precautionsÌýÌý

• accompany the workforce asÌýappropriate whenÌýworking below the high tide markÌýÌý

• be able toÌýdemonstrateÌýthey can adequately supervise all workers. The size of the group will depend on the experience of the licence holder and / or supervisor as well as the prevailing weather and local conditionsÌýÌý

• allow sufficient time to get workers ashore safelyÌýÌý

• have high-visibility clothing which is both warm and weatherproof available for the workersÌý

• notify the Maritime and Coastguard Agency Rescue and Coordination Centre of times going out and coming back, where the work is planned to take place, the size of the group, the licence holder’sÌýURNÌýand contact detailsÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

6.6      Critical: Using workers to gather shellfish – getting to the work areaÌýÌý

A licence holder must ensure:ÌýÌý

• Any vehicle used to access the fishery is suitable for the work area and has sufficient fuel for emergencies. If access is via public roads, all vehicles must be roadworthy and properly insured.Ìý

• Where a trailer pulled by any vehicle is used to carry passengers, they must be suitable, including being fitted with a headboard,ÌýtailboardÌýand suitable side protection to prevent passengers falling off and provided with adequate means of communication between the driver and trailer. Passengers should not be carried in tractor cabs (unless the manufacturer has provided a second seat), on tractor steps or on the drawbar.Ìý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

6.7   Critical: Using workers to gather shellfish – Life jackets and life raftsÌýÌý

A licence holder must provide lifejackets and life rafts whereÌýrequired. Lifejackets and life rafts must be routinely checked andÌýmaintainedÌýin accordance withÌýthe supplier’s instructions.ÌýÌý

A worker using a lifejacket and / or life raft must beÌýproperly trainedÌýand be able toÌýoperateÌýthem in an emergency.ÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked without immediate effect.

6.8      Critical: Using workers to gather shellfish – Use of boatsÌýÌý

Any boat used by a licence holder for accessing fisheries and transporting workers must be a Maritime and Coastguard Agency certificated workboat.ÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

6.9     Critical: Using workers to gather shellfish – Shellfish gathering permits and licencesÌýÌý

Where a permit or licence for shellfish gathering isÌýrequired, a licence holder must ensure that the workersÌýpossessÌýandÌýcomply withÌýthat permit or licence.ÌýÌý

Please noteÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

Licensing standard 7: Recruiting workers and contractual arrangementsÌýÌý

7.1    Critical: Fees and providingÌýadditionalÌýservicesÌýÌý

A licence holder must not charge a fee to a worker for any work finding services.ÌýÌý

A licence holder must not make providing work finding services conditional on the worker:ÌýÌý

• using other services or hiring orÌýpurchasingÌýgoods provided by the licence holder or any person connected to themÌý

• giving or not withdrawing consent toÌýdisclosingÌýinformation about that worker other than what isÌýrequiredÌýfor the work finding servicesÌýÌý

A worker must be able to cancel or withdraw from any services provided at any time without incurring any detriment or penalty, subject to the worker giving 5 working days’ notice or, for services relating to providing accommodation, 10 working days.ÌýÌý

Notifying details of fees and servicesÌýÌý

A worker must be informed in writing of any fees relating to services which they have taken up. This should include:ÌýÌý

• the amount or method of calculation of the feeÌýÌý

• the identity of the person to whom the fee is or will be payableÌýÌý

• a description of the services or goods to which the fee relates as well as explaining the worker’s right to cancel or withdraw from the service and the length or notice periodÌýrequiredÌý

• the circumstances, if any, in which refunds or rebates are payable to the worker, the scale of such refunds or rebates, and if no refunds or rebates are payable, a statement to that effectÌýÌý

A licence holder may not make the continued provision of any services by them to a worker conditional on the worker agreeing to any variation.ÌýÌý

Please noteÌýÌý

‘Work finding services’ means services (whether by providing information or otherwise) provided by a licence holder:ÌýÌý

• to a person for the purpose of finding that person employment orÌýseekingÌýto find that person employmentÌýÌý

• to an employee of the licence holder for the purpose of finding orÌýseekingÌýto find another person, with a view to the employee acting for and under the control of that other personÌý

• to a person (‘A’) for the purpose of finding orÌýseekingÌýto find another person (‘B’), with a view to A becoming employed by the licence holder and acting for and under the control of BÌýÌý

Failure against this standard will lead to a licence being revoked without immediate effect.ÌýÌý

7.2      Right to workÌýÌý

A worker must have entitlement to undertake the work in question in the UK.ÌýÌý

Please noteÌýÌý

A worker’s visa restrictions must beÌýcomplied with. ÌýIn the event thatÌýit is discovered that a worker is not legally entitled to work in the UK, this standard will not be failed if the licence holder hasÌýestablishedÌýand retained a statutory defence.ÌýÌý

7.3      Workers: Contractual arrangements and recordsÌýÌý

Agreeing terms with workersÌýÌý

Before supplying a worker to a labour user, a licence holder must agree the terms which will apply between the licence holder and the worker. The terms must include:ÌýÌý

• the type of work the licence holder will find orÌýseekÌýto find for the workerÌýÌý

• whether the worker is or will be supplied by the licence holder under a contract of service (i.e. a contract of employment) or a contract for services, and in either case, the terms and conditions which will applyÌýÌý

• an undertaking to pay the worker for any work carried out regardless of whether the licence holder has been paid by the labour userÌýÌý

• the length of notice the workerÌýis required toÌýgive and entitled to receive toÌýterminateÌýanyÌýparticular assignmentÌýÌý

• the pay rate or theÌýminimumÌýrate to be expectedÌýÌý

• details of the intervals at whichÌýremunerationÌýwill be paidÌý

• details of any entitlement to annual holidays and to payment in respect of such holidaysÌý

A licence holder must record all the terms, where possible in 1 document, and give the worker the written terms before the licence holder provides any services to the worker. This does not apply if the worker has been given a written statement of employment particularsÌýin accordance withÌýPart I of the Employment Rights Act 1996.ÌýÌý

Terms may be varied only by written agreement from the worker. A copy of this agreement must be provided to the worker as soon as possible and no later than the end of the 5th working day following the date the variation was agreed.ÌýÌý

Worker recordsÌýÌý

A licence holder must record as soon as reasonablyÌýpracticable:ÌýÌý

• the worker’s name, address and, if under 22, date of birthÌýÌý

• any terms which apply or will apply between the licence holder and the worker, and any document recording any variationÌýÌý

• any relevant details of the worker’s training, experience or qualifications and any authorisation to undertakeÌýparticular workÌý(and copies of any relevant documentary evidence obtained by the licence holder)ÌýÌý

• the names of labour users or sub-contractors / other labour providers to whom the worker is suppliedÌýÌý

• details of any resulting engagement and the date from which it takes effectÌý

• where payments are made by a worker, other than those legally required, there is evidence of the worker’s written consentÌýÌý

Please noteÌýÌý

A licence holder must record all terms in writing, whereÌýpracticableÌýin 1 document, and give the worker the written terms before they provide services to the worker.ÌýÌý

Records must be kept for at least 1 year. Records may be kept either in written or electronic form.ÌýÌý

A licence holder may keep records either at the premises where they trade, or elsewhere, provided they are readily accessible and capable of being delivered to the licence holder’s premises in the UK or to FWA within 2 working days.ÌýÌý

7.4      Labour user recordsÌýÌý

A licence holder must record, as soon as reasonablyÌýpracticable, the following details relating to each labour user:ÌýÌý

• details of the positions the labour userÌýseeksÌýto fillÌýÌý

• the duration orÌýlikely durationÌýof the workÌýÌý

• any training, experience or qualifications and any authorisation to undertakeÌýparticular workÌýÌý

• details of enquiries about the labour user and the position they want to fill, including copies of all relevant documents and dates of their receiptÌý

• dates of requests by the licence holder for fees or other payment from the labour user and of receipt of such fees or other payments, and copies of statements or invoicesÌýÌý

Please noteÌýÌý

Records must be kept for at least 1 year.ÌýÌý

A licence holder may either keep records at the premises where they trade, or elsewhere, provided the records are readily accessible and capable of being delivered to the licence holder’s premises in the UK or to the FWA within 2 working days.ÌýÌý

Records may be kept in either written or electronic form.ÌýÌý

7.5      Restriction on charges to labour usersÌýÌý

A licence holder must not seek a transfer fee from a labour user, orÌýseekÌýto enforce any other contractual terms, for a worker to be employed by the labour user or for another licence holder to supply that worker to the labour user if:ÌýÌý

• the contract between the licence holder and labour user does not include an option for the licence holder to choose for an extended period of supply, as specified in the contract, at the end of which the worker will transfer without chargeÌýÌý

• the worker is employed by the labour user or supplied by another licence holder after eight weeks from when the worker last worked for the licence holder or 14 weeks from the first day on which the worker started work for the labour user, whichever date is laterÌý

Please noteÌýÌý

Where a labour user opts for an extended period of supply, the licence holder must supply the worker for the entirety of that period on terms no less favourable to the labour user than those that applied between the licence holder and the labour user before the licence holder received notice that the labour user wished to opt for the extended period of supply.  If there has been a period of more than 42 days where a licence holder has not supplied the worker to the labour user, then this will break continuity for calculating the start of theÌý14 weekÌýperiod.ÌýÌý

Licensing standard 8: Sub-contracting and using other labour providersÌýÌý

8.1      Critical:  Sub-contracting and using other labour providersÌýÌý

A licence holder must only use a sub-contractor and / or other labour provider who holds a current FWA gangmaster’s licence.ÌýÌý

Please noteÌýÌý

It is a criminal offence to use an unlicensed gangmaster under section 13 of the Gangmasters (Licensing) Act 2004.ÌýÌý

Failure against this standard may lead to a licence being revoked with immediate effect.ÌýÌý

The standard will not beÌýfailed if the licence holder has complied with the ReasonableÌýSteps guidance orÌý process for verifying that the sub-contractor or other labour provider is licensed, and has retained documentary evidence of such compliance to establish a statutory defence.