The Employer Pays Principle Feasibility Study, within the Horticulture Value Cha

Migrants using the Seasonal Worker visa route are at risk of exploitation as reported in the ICIBI report (e.g. para 3.45) and DLME's UK Labour Market Enforcement Strategy 2022-23 which notes agriculture is a 'high risk sector' for seasonal workers. These risks include debt bondage from costs incurred whilst travelling to and working in the UK and costs incurred in migrants' home countries. Adoption of the Employer Pays Principle (EPP) has been cited by various organisations such as the Institute for Human Rights and Business (IHRB) and many retailers as potentially important to mitigating these risks. IHRB defines the EPP as "No worker should pay for a job - the costs of recruitment should be borne not by the worker but by the employer." The definition of recruitment fees and related costs in this project will match those of the International Labour Organization's (ILO) definition, i.e. "any fees or costs incurred in the recruitment process in order for workers to secure employment or placement, regardless of the manner, timing or location of their imposition or collection". Further itemised definitions of recruitment fees and related costs are included in the ILO General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs.

Requirement The objective is to produce a cost analysis and potential models of implementing the EPP for horticulture seasonal workers and to identify the potential economic and welfare implications. The project, as specified below, will be processed via an open competition and the intention is to commence in November 2024 for around six months. The primary goal of this work is to reduce risk for workers whilst reasonably taking into account considerations such as food security, sustainability of the UK horticulture sector, consumers, etc.

Scope a) Only the horticulture sector. b) Only seasonal workers will be considered. c) UK-wide (given workers can transfer between farms in different regions of the UK). d) All recruitment fees and related costs as defined in the ILO Definition of Recruitment Fees and Related Costs, including those that are legal for workers to pay such as travel costs, should be considered within the economic modelling of the cost of EPP. e) Additional illegitimate, unreasonable and undisclosed costs, also defined in the ILO Definition of Recruitment Fees and Related Costs, should not be factored into the economic modelling except in assessments of potential positive or negative consequences. This is a limitation of the study that needs to be managed through effective due diligence in the implementation phase.