Labour exploitation in hand car washes - A research report from the Office of the Independent Anti-Slavery Commissioner and the University of ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Rights Lab
Labour
exploitation
in hand
car washes
A research report from
the Office of the Independent
Anti-Slavery Commissioner and the
University of Nottingham’s Rights Lab
2
Contents
Acknowledgements 4
Foreword 5
Introduction 6
Research methodology 7
Summary of findings 8
Nature and scale of labour exploitation in hand car washes (HCWs) 9
Overview of labour exploitation in HCWs 9
Workers employed in HCWs 10
HCW owners/managers 11
Wages and terms of employment 12
Health, safety and work conditions 13
Accommodation style 14
Methods of control 15
Trafficking of workers 16
Link to other criminal activities 17
Labour exploitation in HCWs: a continuum of abuse 18
The costs of HCWs operating with exploitative labour practices 20
Proposed solutions to tackle labour exploitation in HCWs 21
Enforcement of regulations 21
Licensing and registering HCW operations 22
Engagement with workers 23
Multi-agency collaboration 24
Public engagement 25
Conclusion 26
References 27
3
Rights Lab and IASC
Acknowledgements
This report was authored by Dr Akilah Jardine,
Research Associate with the Rights Lab at the
University of Nottingham, with assistance from
Dr Alexander Trautrims, Associate Director of
the Rights Lab, and Ms Emily Kenway, Labour
Market and Private Sector Lead for the Office
of the Independent Anti-Slavery Commissioner.
We would like to extend our thanks to everyone
who assisted with this research and provided their
valuable time.
This research was funded by the University of
Nottingham’s Rights Lab, a Beacon of Excellence,
and the report was jointly published by the
Rights Lab and the Office of the Independent
Anti-Slavery Commissioner.
4
Rights Lab and IASC
Foreword
Modern slavery is a brutal abuse,
denying people their dignity, safety
and freedom. It affects millions
worldwide and thousands here in
the UK. If we want to see more victims
rescued and more perpetrators behind
bars, we need to know everything
we can about the scale, causes,
and consequences of modern slavery,
and about strategies to combat it.
Understanding the breadth and
nature of modern slavery is an
enormous challenge and needs to
be supported by the best possible
research and evidence.
This report supports the aim expressed To date, numerous reports and
in my Strategic Plan during my time as investigations have identified issues
Commissioner of developing partnerships across the spectrum of labour exploitation
with academic and research institutions in the sector and under my tenure I was
and promoting external high quality pleased to partner with the Rights Lab to
quantitative and qualitative research investigate and analyse these findings so
into modern slavery issues. A position that we can better understand the nature
of greater understanding will empower of the problem and how to tackle it.
evidence-led action to improve
This report is an important piece in the
prevention, justice and victim care.
puzzle of eradicating modern slavery
To support the development of high
from British high streets and identifying
quality research, the Office of the
how ethical hand car washing businesses
Independent Anti-Slavery Commissioner
might operate.
has partnered with the University of
Nottingham’s Rights Lab to better
understand labour exploitation in
hand car washes.
Kevin Hyland OBE
First UK Independent Anti-Slavery
Commissioner (2015-2018)
5
Rights Lab and IASC
Introduction
Hand car washing, the process of washing a vehicle by hand, is a relatively
new business activity in the United Kingdom. Research suggests that
prior to 2004, hand car washes (HCWs) were virtually non-existent in
the UK1. However, anecdotally, it is estimated that between 10,000 and
20,000 operations exist in the UK. Many have sprung up on the side of the
road, petrol stations, disused forecourts, former public car parks and in
supermarket car parks. The Petrol Retailers Association suggest that
HCWs now make up 70% of the market share in the car wash industry2.
Similar to other businesses, there As will be discussed further in this report, Research on the nature of HCWs in the
are a number of regulations to which HCWs tend to be owned and operated UK indicates that while some workers
HCWs should adhere. However, recent by Eastern European migrants, although are looking for short-term and long-term
investigations and reports on HCWs have other nationalities are also present. Our employment to help move them up the
unearthed a host of labour, employment, research findings reveal that there is a job ladder and improve their English
health and safety, and environmental high proportion of Albanian and Romanian and standard of living in the UK, others
violations. At present, the UK does not owners/managers and workers in HCWs. are entrepreneurs looking to establish
have a system to register and license The presence of Romanians working in businesses5. HCWs can be viewed as ideal
HCWs, and thus such businesses have HCWs might be attributed to the UK’s business ventures because they are easy
been able to flourish without almost rules on accessing its labour market to establish, conveniently accessible,
any regulatory overview. for citizens from A2 nations – Romania and could offer a competitively cheaper
and Bulgaria – that joined the European alternative to automated car washes
One area that has been subject to Union (EU) in 2007. Up until 2013, citizens (ACWs). Reportedly, HCWs are run by
increasing scrutiny is the exploitation coming to work in the UK from these migrants for migrants, often attracting
of workers in these operations, as countries had to apply for and be granted those desperate to improve their job
press coverage and investigations by a worker’s authorisation document before prospects and their socio-economic
enforcement and regulatory bodies have starting work, unless they were self- circumstances. Though a labour-intensive
identified numerous labour exploitative employed3. This may have encouraged business activity, HCWs have the
practices. Awareness of labour
self-employment and entrepreneurship commercial advantage of a cheap
exploitation within HCW operations is
via HCWs. Regarding Albanian workers and abundant workforce.
slowly gaining traction, as authorities
and car wash owners/managers, the visa
work towards developing a better This report aims to provide a better
schemes differ as Albania is not in the EU.
understanding of this new phenomenon. understanding of the nature and
To work in the UK, Albanian nationals
However, the lack of data on this sector prevalence of labour exploitation in
must apply for a work visa, which may
creates a challenge in assessing the HCWs and the challenges and
be granted via different categories4,
incidence rate of labour exploitation approaches to tackling it.
if the necessary requirements are met.
within HCWs. It is difficult to assess
An assessment of available work visa
the number of HCWs existing in the UK,
schemes suggest that HCW work is
their business models, and the conditions
unlikely to satisfy the requirements of
of the workforce employed.
the current visa routes. This could
increase the risk of exploitation and
abuse for Albanian workers who may
not have the right to work in the UK.
6
Rights Lab and IASC
Research
methodology
This research aimed to better understand labour exploitation in HCWs
in the UK. We did not undertake first-hand investigations of HCWs, but
instead brought together research and information already in existence,
in combination with new information from police authorities and key
stakeholders. We collated and analysed existent materials from a range of
sources including press reports, parliamentary evidence submitted to the
Environmental Audit Committee and research on exploitation and criminal
activity relating to labour issues found at car washes. We consulted with a
number of key industry stakeholders such as the Gangmasters and Labour
Abuse Authority, the Petrol Retailers Association, Belgian Association
Vehicle Cleaners (Belgische Beroepsvereniging Reiniging Voertuigen -
BBRV), and Waves, Tesco’s HCW supplier. We also interviewed officials
from four police forces: Greater Manchester Police, Gwent Police,
Police Scotland, and the Police Service of Northern Ireland.
Additionally, surveys were distributed Interviews with police forces and
to police forces’ modern slavery single survey responses were also assessed
points of contact (SPOC). Surveys were to better understand the scale of labour
completed and returned by 17 police exploitation in HCWs across the UK and
forces. The recording and storage of the extent to which exploitation constitute
police data vary significantly among modern slavery, human trafficking or
forces, as a result the time period of lower level forms of abuse. The challenges
information provided differed, however, and possible solutions to addressing
police forces’ responses and current labour abuses in HCWs were drawn
knowledge of labour exploitation in from interviews, surveys and other
HCWs were evaluated to develop a more available resources.
comprehensive understanding of workers
employed in HCWs, working conditions,
and workers’ accommodation style.
7
Rights Lab and IASC
Summary
of findings
1. 4. 7.
Hand car washes and Research indicates that HCWs tend to be viewed
labour violations committed there is limited evidence erroneously as unregulated
within them are widespread to suggest that individuals operations, however, like
across the UK. Police forces are being trafficked to the other businesses operating in
interviewed acknowledged a UK to specifically work in the UK, there are numerous
rise in HCW businesses in their localities HCWs. However, reports, particularly regulations to which HCWs should
and reported that workers in HCWs were those by the Gangmasters and Labour adhere. Thus, one area for further
most often likely to be subject to some Abuse Authority, acknowledge that consideration is not simply additional
form of labour violation such as working people have been encountered at borders regulations, but rather stricter
excessive hours or being paid below the coming to the UK to work in this sector. enforcement of current regulations.
national minimum wage. However, the There is room for further research on Other considerations include an industry
lack of data on this sector makes it how recruitment networks operate, code of practice to improve engagement
difficult to assess the prevalence of whether trafficking is present and how with workers and employers, and
labour exploitation in HCWs in they can be leveraged to raise workers’ multi-agency collaboration to capture
different areas in the UK. awareness of their rights prior to arrival labour abuses across the spectrum.
in the UK.
2. 8.
Labour exploitation in The proliferation of
5.
HCWs does not rigidly fit There appears to be HCWs in the UK could
into a specific category, confusion around the be indicative of inadequate
but rather there is a relevance of consent in enforcement of
continuum of exploitation. identifying cases of labour environmental policies.
Research indicates that there are workers abuse, modern slavery The UK has a number of regulations to
who have been positively identified as and/or human trafficking. Law protect the environment and a number of
victims of modern slavery and human enforcement officials report not pursuing regulatory bodies to ensure compliance.
trafficking and workers subject to lower investigations, prosecutions or other However, inadequate enforcement of
level forms of labour abuse. There is also mechanisms due to workers failing to regulations and in effect turning a
a variance in terms of identification as a self-identify as victims and stating their ‘blind-eye’ to the impact of HCWs on
victim: some workers self-identify as consent to their conditions. This is at the environment may have contributed
victims of modern slavery or trafficking odds with Part 1, Section 1(5) of the to the growth of such operations in
and some who would fit the necessary Modern Slavery Act. the UK, opening the floodgates to
indicators do not, as they may view their non-compliance in other areas such
6.
situation as a better opportunity to Police force interviews as labour and employment practices.
alternative options for employment. and survey responses
The same finding applies to lower indicate that some workers
level forms of abuse. return to exploitative HCWs
after being in the National
3.
HCW workers are Referral Mechanism (NRM). This
predominately males from suggests that more work is needed
Eastern Europe, with Romania on post-NRM support and providing
being the most common alternative livelihood opportunities.
nationality. Conditions of
work, accommodation style and methods
of control significantly vary among car
washes. Research suggests that the
average wage for a day’s work in a
HCW is £40.
8
Rights Lab and IASC
Nature and scale of
labour exploitation in
hand car washes (HCWs)
Overview of labour Further, their assessment recognised that
next to the hospitality sector, car washes
One report cited a case where workers
had leprosy-like damage to their skin
exploitation in HCWs were the second most prevalent sector due to exposure to chemicals9. Other
Recently, there has been an increase in reported to the helpline involving cases of investigations unearthed workers
awareness of labour exploitation in HCWs. lower-level forms of labour abuses – such housed in derelict and sub-standard
Press coverage and investigations into car as below national minimum wage (NMW) accommodation with lack of basic
washes by enforcement and regulatory payments, and lack of protective gear. facilities. A notable case is the death
bodies such as police authorities, However, it is important to emphasise that of Romanian national Sandu Laurentiu-
the Gangmasters and Labour Abuse such reports may not lead to victimhood Sava who was electrocuted in August
Authority (GLAA), Her Majesty’s Revenue being definitively identified and could 2015 while showering in squalid
and Customs (HMRC), the Health and also be indicative of recent heightened accommodation adjacent to the car
Safety Executive (HSE), and the National awareness and campaigns around labour wash where he worked as a result of
Crime Agency (NCA) have shed light exploitation in this sector, and therefore his employer, who had provided the
on exploitative labour and employment may not represent an accurate or reliable accommodation, bypassing the
practices, unearthing a host of violations. assessment of the incidence rate of labour electricity meter10.
exploitation in HCWs.
The GLAA’s report on the nature and scale To draw a fuller picture of the nature
of labour exploitation across all sectors An assessment of current studies, reports, and scale of labour exploitation in HCWs
within the UK acknowledged HCW as one press coverage and investigations on in the UK, the subsequent sections outline
of the largest industries in which labour HCWs indicate that common exploitative our research findings.
exploitation is said to exist6. The non- labour practices include issues around
governmental organisation Unseen’s 2017 working time, wages, health and safety,
annual assessment on calls made to its and living conditions. Media coverage has
modern slavery helpline also described reported workers being paid as little as
HCWs as the most prevalent industry £3 per hour and working between 10-12
reported, making up 27% of potential hours a day8. Some reports described
modern slavery cases concerning labour workers operating in poor and hazardous
exploitation and forced labour7. conditions often without adequate safety
equipment and protective clothing,
exposing them to hazardous chemicals
and substances used to wash cars.
9
Rights Lab and IASC
Workers employed
in HCWs
Similar to migrant workers in other low-skilled sectors, individuals often
take up work in HCWs to improve their socio-economic circumstances.
For many workers, the wages and conditions of work, though poor, are
a better opportunity in subjective comparison to those offered in their
home country or alternative employment options. Research indicates
that HCWs are run by migrants for migrants, allowing low-skilled workers
the opportunity to earn an income. Car wash owners take advantage of
workers’ desperation to improve their circumstances and their limited
options for employment.
Further, there are different categories of Figure 1. The gender breakdown of Figure 2. Top reported nationality/
migrant labour employed in HCWs. For potential victims of modern slavery, ethnicity of workers in HCWs
instance, Clark and Colling’s research human trafficking and/or labour
identified a category of workers who exploitation in HCWs.
worked in HCWs to improve their English Romania16%
and, similar to migrants working in other
sectors, viewed HCWs as an opportunity
to develop their skills to help move them Poland 11%
up the job ladder11. Additionally, their Fe
m
research identified workers who relied 7% Albania 9%
6
ale
on agents and networks to secure work,
le
because they spoke limited English and
Ma
33%
Iraq 8%
lacked qualifications and skills.
Fe
Workers employed in HCWs are Bulgaria 7%
predominately migrant adult males,
though women and children (ie persons
aged under 18) have reportedly been Kurdish 7%
found working in car washes. Our surveys
asked police forces for the gender Lithuania 6%
breakdown of potential victims of modern
slavery and/or human trafficking (MSHT)
UK 5%
in HCWs (ie those who have been referred
into the National Referral Mechanism
(NRM), the UK’s system for identifying and The GLAA’s report on the nature and Hungary 14%
supporting victims). While some police scale of labour exploitation across
forces identified the gender of potential all sectors within the UK reported
victims of MSHT, others referred to the 24 different nationalities of workers
gender of workers interviewed during employed in HCWs12. According to
investigations or who they suspected their report, workers typically originate
were victims of labour abuse. From from Eastern Europe, with Romania
police responses, the diagram opposite being the most common nationality.
illustrates the gender breakdown of ’Similarly, our survey responses from
workers who were potential victims police forces identified 26 self-ascribed
of MSHT and/or labour exploitation: nationalities and one self-ascribed
ethnicity, recognising Romania as a main
nationality of workers. The diagram
opposite illustrates the top nationality/
ethnicity of workers employed in HCWs:
10Rights Lab and IASC
HCW owners/
managers
Responses and interviews from police forces suggest that HCW
owners/managers often share the same nationality as workers.
Our research identified 14 self-ascribed nationalities and one
self-ascribed ethnicity from police responses. The diagram
below illustrates the top reported nationality/ethnicity of
HCW owners/managers:
Figure 3. Top reported nationality/ethnicity
of HCW owners/managers
Albania30%
Romania15%
Iraq11%
Kosovo6%
Poland6%
UK6%
Kurdish6%
Lithuania 4%
Turkey14%
Slovakia14%
Bulgaria14%
11Rights Lab and IASC
Wages and terms
of employment
Responses to our survey and interviews reflect HCW conditions reported in
the press, academic research, and reports from investigations and operations.
For example, concerning the wages and terms of employment, research by
Clark and Colling ‘found widespread denial of employment status, avoidance
of the minimum wage, and working time regulations13.’ Similarly, police forces
surveyed reported workers that were employed without a contract or on a
zero-hour contract, paid cash in hand and not given a pay slip, paid below the
NMW, or not paid at all. Survey responses indicate that some workers are
aware of the NMW but content with being paid below it, while others
were unaware that there was a minimum wage:
“Staff appeared to be happy “Generally we found The working hours and wages paid to
workers varied among HCWs. Police
with the money that they workers to be very happy survey responses report employees
earned, but when it was to engage with police and working between 8 and 12 hours a day
on flexible zero-hour contracts. Regarding
explained to the workers tell us how much they were the wages paid, responses suggest that
about minimum wage they earning, which tended to the average wage for a worker in a HCW
did not know that the UK be around £40 - £60 per is £40 for a day’s work. For instance,
wages reported include, ‘£40 per day,’
had this but were surprised day, working between 8-10 ‘£50 for 10 hours,’ ‘£40-60 for working
how high the rate was.” hours. They were aware up to a 10 hour day,’ ‘around £40-£60
per day, working between 8-10 hours.’
Police survey response of the minimum wage More significantly lower wages included
and were content with employees working from 7am to 7pm,
their conditions.” for £20-£30 a day, and ‘£10/£15-£40/50
per day.’ Separately, two police forces
Police survey response reported that cigarettes and food were
used to pay workers.
12Rights Lab and IASC
Health, safety
and work conditions
An assessment of current research and reporting in this area highlighted
potential concerns for the health and safety of workers employed in
HCWs. Substances such as hydrochloric acid, detergents and other
cleaning chemicals can be hazardous to workers, particularly if they
do not have the proper gear to handle chemical substances or adequate
training. Survey responses highlighted that some employees were found
working without proper health and safety gear such as waterproof boots,
gloves and goggles:
“Most car washes did Regarding rest breaks, some workers “Working conditions
were not allowed breaks, had limited access
not provide adequate to basic facilities and were operating in are usually a portacabin
protection equipment potentially hazardous environments: type setup, kettle and
and uniforms for staff. “A few premises had the basic facilities and long,
On some visits, the Health electric meters bypassed, hard days with no
and Safety personnel 1 premise had no toilet formal breaks.”
who accompanied our facilities, most staff worked Police survey response
team have closed down long hours over a short However, one police force reported
the car washes due to number of days...” cases where there was ‘generally
safety concerns.” decent working environment in terms
Police survey response of organisation, access to a kitchen/
Police survey response rest area,’ stating that hot meals
were provided to workers.
13Rights Lab and IASC
Accommodation style
An analysis of existent materials suggests that accommodation
style varies among HCWs. Generally, reports on HCWs suggest that
workers were living on either the car wash site or off site in cramped,
dilapidated accommodation provided by car wash owners.
Survey responses and interviews “Where workers have In line with current reports, which
indicate further accommodation styles reported of workers living in dilapidated
and conditions. For instance, there are a been encountered at and overcrowded accommodation, some
number of housing categories available accommodation they police forces described workers living in
to workers, with some sourced by the cramped housing with mattresses on the
workers themselves.
generally live in Houses of floor, limited facilities, and health and
Multiple Occupancy where safety issues. Further, one police force
The most common categories of
accommodation included workers who rent is paid weekly in cash, stated that in some cases conditions of
accommodation were dependent on
lived on site at the car wash, workers the workers from the the nationality of workers and their
living in a house in multiple occupation
(HMO) accommodation off site, and
same car wash usually stay contract lengths:
workers living off site in makeshift within the same address.” “Workers seemed to
accommodation such as caravans. While Police survey response
some responders found workers living be allocated rooms in
at car wash sites, others suggested that
“Across our visits there accordance with how long
there was no evidence that workers
were living on site. Further, a number of is some commonality in they had worked at the
responses suggest that it is common for regard to the reduction in location. In some examples,
workers to be housed in HMO, provided the nationality of workers
by HCW owners. In this situation, it is pay against minimum wage,
common that workers pay their owners offset by accommodation also accounted for how
for the accommodation or a portion of
provision. In the majority rooms were allocated. For
their salary is deducted. In the UK, when
calculating the NMW or national living of cases however the view example, in Kurdish run
wage (NLW), accommodation provided is that the workers are car washes, the Kurdish
to workers can be taken into account. staff had individual rooms
As of April 2018, an employer cannot more than happy with
charge his worker more than £7 per day that (usually declared at whereas the Eastern
for providing daily accommodation, and
£5 per hour) – even when Europeans had to share
more than £49 per week when weekly
accommodation is provided. This is minimum wage is discussed accommodation. In some
known as the ‘offset’ rate, and charges there is a clear lack of Albanian run car washes,
above this will need to be taken into the Albanian staff had
consideration when calculating NMW. interest and that generally
If the accommodation is provided free of there is satisfaction with beds and duvets whereas
charge, the offset rate will be added to
the conditions.” the Bulgarians lived on
the worker’s wages and then calculated
to determine whether the worker’s wages Police survey response cardboard on the floors.”
is below the NMW14. Given the reports Police survey response
of workers in HCWs paying for their However, while employers have provided
accommodation, consideration by shared accommodation in some cases, While police force responses indicate
HMRC of the cost of accommodation police forces reported that there have varied accommodation styles, 41%
along with wages paid when assessing been cases where workers have sourced percent commented on the condition of
whether workers are being paid the their own accommodation: the accommodation available to workers.
NMW would be a useful addition to 57% described accommodation as poor,
further develop current evidence. “In the main, 14% said it was acceptable, and 29%
accommodation is sourced acknowledged that conditions varied,
as some were ‘generally in good
by the individual. Only on condition and clean’ while others
rare occasions have people were ‘far from ideal.’
obtained accommodation
through their employers.”
14 Police survey responseRights Lab and IASC
Methods
of control
An assessment of media coverage, investigative and operative reports
suggest that car wash owners use a number of methods to control their
workers. This includes financial coercion, withholding of workers’ identification
documents to prevent them from leaving and in some instances, physical
abuse. Similar to other variables, the use and methods of control vary among
car washes and in some cases interviews with police officials indicate that not
all HCW workers are restricted in their freedom. However, while some police
forces surveyed did not report on methods used to control workers, 24%
of responses described various methods of control such as withholding
workers’ passport or identification documents, debt bondage, physical
abuse and withholding or non-payment of wages.
The following are responses from the “Assaults common if “All of the workers
survey where forces detailed methods
used to control workers: workers disagreed with describe being threatened
the rules. Bondage against and intimidated by the
“In four locations staff those that broke the rules owners of the garage.
were subject to physical if they wanted to continue These threats ranged from
assaults and threats… in working at location, this the owners could bring
one location staff had their could be a money or other Albanians, had access
entire routine dictated to passport being taken to firearms, physical assault
them [such as] when they from them.” to verbal assaults.”
should eat and when they Police survey response Police survey response
had to go to bed. In many
cases workers had to live
in accommodation that was
imposed on them. The rent
was taken directly from
their wages.”
Police survey response
15Rights Lab and IASC
Trafficking of workers
According to the GLAA, there is no evidence to suggest that workers are
trafficked to the UK to work in HCWs, but rather, people have been encountered
at the border coming to the UK to work in this sector15. Human trafficking
(the process of arranging or facilitating the travel of another person with a view
to them being exploited), is thus not regarded by the GLAA as a key aspect of
HCW exploitation. This was also echoed by some police forces surveyed:
“No information to There was also some evidence that However, on arrival in the UK, workers
individuals are recruited in their home were placed in dilapidated and cramped
suggest that the workers countries to work in other sectors, accommodation, with a lack of basic
were trafficked. Generally, but are then exploited in HCWs: facilities such as electricity or water. The
official interviewed also reported that
they accepted that they “Victims are recruited individuals were then forced to work in
were paid less than the locally in their countries of HCWs for two weeks and only paid £10
minimum wage, but origin or by word of mouth
for that period of work. As a result, some
survived by hoovering coins from the cars
knew the conditions.” from family/friends who they washed. Interviews with other forces
Police survey response are already working in the suggest that while there was no clear
evidence to indicate workers were being
However, some interviews with police UK. Victims tend to agree trafficked to work in HCWs specifically in
forces, and survey responses described to come to the UK. Often their police force area, there were workers
cases where HCW work has been being transported to different car washes
advertised in workers’ countries of they are coming to work as around the country to work which may
origin, luring them to the UK under agreed but on occasion, they indicate the presence of trafficking within
false pretence to be exploited: the UK. However, it is unknown whether
come under false promise these workers were being held under
“In one Albanian car wash, (or assumption) that the exploitative conditions or not.
the Romanian workers work involved something Responses from surveys also implied
were supplied by person(s) else, for example, in food or concerns around potential trafficking,
such as this response regarding workers’
in Romania who arranged construction. Victims come behaviour post-NRM support:
their jobs on their behalf. to the UK in transport or
These Romanians were using a ticket provided or “Workers entered the
bussed over and it appears facilitated by exploiters, for NRM and are placed into
that the transport dropped example, by coach/minibus safe accommodation; many
individuals off at various pick-up or they make their workers left the safe house
car washes. The staff we own way for the job…” and went back to work for
encountered generally did Police survey response
traffickers after they got
not know the name of the positive conclusive grounds
While interviews with some police forces
town in which they were also suggest that there is limited evidence
decision as they wanted to
located. Some of these to indicate that individuals are trafficked earn money.”
to the UK to work specifically in HCWs, Police survey response
workers then discovered some police forces revealed that there
the job conditions offered in were HCW workers who were positively Evidently, there is room for further
identified as victims of human trafficking.
Romania were not what was For instance, one police force reported
research on the recruitment of workers
coming to the UK to work in HCWs and
described to them. In some that individuals from Romania were often its link to human trafficking. Additionally,
of these cases the workers trafficked to their locality via bus, costing given the evidence above of workers
them roughly a £150 debt for the journey. returning to exploitative HCWs after
were expelled from the site During the interview, the police force being in the NRM, more work is needed
with no access to the money stated that HCW jobs are advertised in on post-NRM support and providing
Romania, promising workers £35 a day,
that was owed to them.” which workers deemed a good wage.
alternative livelihood opportunities.
Police survey response
16Trafficking
Rights Labofand
workers
IASC
Link to other
criminal activities
Reports and investigations into In some instances, police authorities Nevertheless, the probability of
HCWs and interviews with police identified cases where victims of HCW operations perpetrating the
forces suggest that some operations sexual exploitation have provided aforementioned criminal activities
are involved in other criminal activities sexual services to car wash workers. is at present undetermined.
such as benefit fraud, where the This illustrates that not only can
personal details of the workers are HCWs involve other forms of
exploited to unlawfully collect state criminality, but they may also overlap
benefits, money laundering, forced with other forms of exploitation.
prostitution, theft of car parts, and
drug and human trafficking.
17Rights Lab and IASC
Labour exploitation in HCWs:
a continuum of abuse
The lack of data visibility in the HCW sector makes it difficult to assess
the extent to which labour abuse within these operations constitutes MSHT,
or lower level forms of abuse. There is a lack of evidence on the number of
workers referred to the NRM from HCWs and subsequently positively identified
as victims. This is partly due to the NRM system aggregating all labour and
criminal exploitation into one category, rather than breaking it down by sector.
The Office of the Independent Anti-Slavery Commissioner has recommended
to the Home Office that this is rectified as part of the NRM digitisation
project currently underway.
While research such as that by Clark and Evidently, this makes it difficult to get a This view was also echoed by other police
Colling found no evidence to indicate that full picture on the scale of MSHT in HCWs forces who suggested that though some
workers were victims of modern slavery16, because potential victims may never workers have been referred into the
an assessment of reports, interviews and enter the NRM whether through their NRM, evidence shows that the majority
surveys with police forces suggest that own lack of self-identification as a victim of workers interviewed may not meet the
labour exploitation in HCWs does not or due to police accepting their reported threshold for modern slavery as workers
rigidly fit into a specific category of labour contentment with their working conditions. voluntarily chose to work in HCWs under
abuse, but rather evidence points to a poor circumstances and had the choice
Police authorities’ perspectives varied
continuum of exploitation which to leave.
on whether labour exploitation in HCWs
includes modern slavery.
in their localities met the threshold for Based on our research, therefore, it is
Not all workers experiencing abusive MSHT. For instance, an official from important that authorities are able to
labour practices in HCWs are technically one police force voiced that within their distinguish between individuals who are
‘enslaved’. Article 1 of the United Nations vicinity, though some workers were experiencing lower level forms of labour
Slavery Convention 1926 defines slavery subject to labour abuse, they were abuse with no practical restrictions
as ‘the status or condition of a person over content with their working conditions, on freedom present; those who are
whom any or all of the powers attaching and suggested it was ‘more of an HMRC experiencing slavery but are consenting
to the right of ownership are exercised17.’ national minimum wage or tax evasion to the restrictions or menace faced due
Thus, modern slavery encompasses issue,’ as opposed to the more serious to livelihood constraints, for instance, a
the extreme end of the spectrum offence of modern slavery. It was lack of alternative options even if escape
of labour exploitation and requires emphasised that workers earning less than were made possible; and those who
restriction of freedom to be present, via the NMW or working in poor conditions are experiencing slavery and would not
mechanisms such as coercion, threat, does not constitute modern slavery. consent to these conditions given the
debt and intimidation. Assessment of The official interviewed referred to Her opportunity to escape. Each category
intelligence on HCWs indicates that Majesty’s Inspectorate of Constabulary will need different tactics and support
labour exploitation does not always satisfy and Fire & Rescue Service (HMICFRS) mechanisms in place. For example,
this threshold for MSHT. However, even report, ‘Stolen Freedom: The Policing those in the second category – who are
where it does satisfy it, and workers are Response to Modern Slavery and Human enslaved but would choose to remain
restricted in their freedoms, potential Trafficking’18 which highlighted: within these circumstances due to a lack
victims may still not be identified. This of alternatives available even if they were
is due to potential victims themselves “Exploitation in which an free to choose – may be more likely to re-
accepting their situation due to the lack of individual chooses to work enter slavery after the NRM and therefore
viable economic alternatives. Their wages may need tailored support to prevent this.
and working conditions, though poor, for less than the national Additionally, authorities need to consider
allow them the opportunity to make a minimum wage or to live that, once the elements of the offence
better income than possible at home or in of MSHT are identified, it is irrelevant
other informalised sectors in the UK; thus in undesirable conditions, whether the workers consented to their
they are more likely to accept coercive, without being forced situation under the Modern Slavery Act.
violent or deceptive arrangements. or deceived into doing
so, would not constitute
modern slavery.”
18Rights Lab and IASC
Contrarily, some officials suggested that in Others are arrested Further, the LEAG highlighted the causal
their locality labour exploitation in HCWs link between labour abuses and extreme
predominantly satisfies the threshold as offenders or illegal forms of labour exploitation. Their report
for modern slavery, as many workers are immigrants. While noted that workers suffering minor lower
forced into debt bondage to pay for costs level forms of abuse, such as below NMW
such as transportation or accommodation.
law enforcement has a payments or unsafe working conditions,
Moreover, there were cases where duty to refer individuals risk being subjected to extreme forms of
workers referred to the NRM received to immigration and exploitation if their situation is overlooked.
positive conclusive grounds decisions Participants in their research held:
and were repatriated back to their country enforcement, the
of origin upon their request. One police vulnerability of victims “It’s very easy … from
force reported that labour exploitation in starting to be paid less
HCWs was the second most prominent
must be considered
form of exploitation next to sex trafficking. in parallel.” or to be treated in a
However, others reported that while they
Research by the Labour Exploitation
discriminatory manner,
acknowledged that labour exploitation in
HCWs exists, it is not the most prevalent Advisory Group (LEAG)20 identified a for that to evolve into more
form of exploitation in their locality. continuum of abuse occurring within severe forms of exploitation
certain UK labour sectors ranging from
The variances of police perspectives could minor lower-level forms of labour abuses and the problem is that there
indicate different recruitment channels to more extreme forms of exploitation is a very fine line there.”
to specific regions that may affect the and slavery:
level of abuse, inconsistencies in the
“I think it’s very, very, very
identification of abuse and exploitation, “In their work research
engagement with workers, and how important not to fall into
participants witness cases
workers are viewed. For instance, while the trap of thinking that
some police forces referred to workers of labour abuse across the
as ‘victims’ regardless of whether they only extreme cases need
spectrum, from relatively
were positively identified as victims of to be dealt with. The larger
MSHT, others referred to workers as minor infractions, to
volume of what we see… is
‘illegal workers.’ In particular, one police extreme exploitation and
force appeared to emphasise the workers’ endemic exploitation. The
slavery. The most commonly
status in the UK by referring to them as issue of labour exploitation
‘illegal workers’ though acknowledging cited abuses were non-
that they ‘worked long hours over a short is far from being addressed.”
payment of minimum wage,
number of days,’ did not know the UK had
a NMW, and were ‘surprised how high non-payment of holiday or Disregarding exploitation in HCWs
because it is of lower level form or
the rate was.’ It is important that police sick leave, and withholding because workers appear ‘content with
forces do not allow the immigration status
of workers to prevent the remediation of
of wages. Also mentioned conditions’ risks subjecting workers to
were non-payment of further and escalating victimisation.
labour abuses or identification of victims
Cases indicating lower level forms of
of modern slavery. This was also reported national insurance or tax, abuse should not be overlooked and
in HMICFRS19 report which stated:
discrimination, harassment, investigations should be carried out to
safeguard workers’ rights, regardless of
“Overall, however, the unfair dismissal, bullying how they view their working conditions.
inspection found that the (verbal or physical),
identification of victims is withholding passports,
inconsistent, sometimes unsafe working conditions,
ineffective, and in need threats, physical and sexual
of urgent and significant abuse, and people being
improvement. Victims who physically confined and
come into contact with not allowed to leave
the police are not always the workplace.”
recognised as such and
therefore remain in the
hands of those who are
exploiting them.
19Rights Lab and IASC
The costs of HCWs
operating with exploitative
labour practices
There are several costs to the public of HCWs operating with exploitative
labour practices. For instance, as mentioned elsewhere in this report, a
potential indicator of labour abuse is non-observance with health and safety
policies. In particular, inadequate training in the correct handling and disposal
of potentially hazardous chemicals and waste not only threatens the health and
safety of the workers, but it could also damage and pollute the environment21.
Some HCWs have been established on sites that do not have the appropriate
drainage systems in place to dispose and recycle wastewater, thus posing a
threat to our environment.
Separately, HCWs operating with According to the Petrol Retailers The cost and time of conducting
exploitative labour practices have resulted Association, with an anecdotal estimate of investigations has resulted in enforcement
in the loss of tax payments, such as between 10,000-20,000 HCWs in the UK, and regulatory bodies allocating resources
business rates, corporation tax and value- reported industry estimates of HMRC’s to cases where substantial evidence of
added tax (VAT). Additionally, national lost tax revenues from HCWs by the Car labour abuses have been provided based
insurance (NI) contributions are likely to Wash Advisory suggest that the cost to on prioritisation methods. By adopting
have been missed. Some HCW operations the public purse could fall between intelligence-led risk-rated approaches,
have been non-compliant by accepting £700 million and £1 billion annually agencies are then able to prioritise high-
only cash as a form of payment for in unpaid taxes22. risk cases. However, as noted previously,
service and not declaring these payments evidence from the LEAG finds that lower
Concerning the cost of investigating
for tax purposes and, as noted above, level forms of labour abuse can escalate
labour exploitation in HCWs, the spend
paying their workers significantly below into modern slavery. This, coupled with
is relatively high. The visibility of HCWs
the NMW. This is evident on examining the aforementioned fact that many HCW
on the high street and increased press
the cost of HCW services, which are workers may not self-report as victims,
coverage around potential illegalities
unfeasibly cheap if all such obligations means it is important to consider whether
has heightened investigations into this
are being met. HCW provider Waves’ the GLAA is resourced enough to be
sector. However, the growth of HCWs in
assessment of the industry suggests that able to prevent slavery in HCWs if its
the UK, the lack of a system to license
the breakeven cost, including VAT, is resourcing restricts it to investigating
and register operations seems to have
£6.88 for an outside wash and £11.10 for only those with the most severe risk
made it difficult for law enforcement
an in and outside wash. These figures attached or with the most intelligence
bodies to investigate HCW operations to
take into consideration expenses such as provided. An alternative model to funding
ensure that they comply with the relevant
labour costs and the price of materials and investigations is found at the HSE which
regulations. Investigations, where they do
resources used such as electricity, water, has a Fee for Intervention (FFI) off-setting
occur, appears to be costly. This is evident
chemicals, and equipment, business rates, its investigation costs as those found
from the GLAA’s investigations into labour
insurance, amongst other costs. Though to be in breach of health and safety
abuse in this sector. According to their
this figure will vary to some extent legislation are held responsible for paying
reports, 25 investigations into HCWs took
throughout the UK, HCWs that charge investigative and enforcement costs24.
a total of 1,384 days to be completed
significantly below this cost could indicate
(average 55.36 days per investigation)
that they are evading tax, NI and NMW
and amounted to a cost of £286,685
obligations, resulting in loss of revenue
(£11,467 per investigation)23.
for the public purse.
20Rights Lab and IASC
Proposed solutions
to tackle labour
exploitation in HCWs
Enforcement The UK has a number of regulations to
protect the environment and a number of
GPP13 educates car wash businesses on
the relevant environmental regulations
of regulations regulatory bodies to ensure compliance.
Though environment policy is devolved in
and outlines measures they should take
to prevent their operations from harming
HCWs tend to be viewed as unregulated
the UK, permits are required from relevant the environment. The advantage of
operations. However, like other
environmental agencies to discharge such a document is that it sifts through
businesses operating in the UK, there are
trade effluent. However, the proliferation environmental regulations, drawing on
numerous regulations to which HCWs
of HCWs in the UK could indicate that those that are specifically relevant to car
should adhere. For instance, employers
environmental policies may need to washing. This provides such businesses
must ensure that workers are paid the
be more strictly enforced. In England, with a comprehensive understanding
NMW, which is overseen by the HMRC
the Environment Agency (EA) operates of the measures that they should adopt
wage unit. In addition, employees are
by a ‘risk based and proportionate’ to ensure that they are complying with
entitled to adequate rest breaks under
response approach, meaning assessing the law32. Inadequate enforcement of
the working time regulations which sets
the severe impact of operations on the regulations and in effect turning a
the minimum rest period workers must
environment27. Such an approach heavily ‘blind-eye’ to the impact of HCWs on
be given when working time amounts to
relies on sufficient evidence that an the environment may have contributed
a certain number of hours25. Under the
activity poses a significant risk to the to the growth of such operations in
working time regulations, employees
environment, thus allocating resources the UK, opening the floodgates to
are also entitled to adequate daily and
to more severe incidents28. HCWs tend non-compliancy in other areas such
weekly rest. Businesses must also comply
not to be considered the most severe as labour and employment practices.
with health and safety regulations such
incidents and therefore are usually
as taking adequate steps to safeguard
addressed through ‘advice and guidance
their employees and prevent any harm
to correct any problems or warning
or injury26. Such steps include providing
letters29.’ Contrarily, under Scotland’s
health and safety training, displaying
General Binding Rules (GBR), a set of
health and safety posters, and getting
compulsory rules which cover certain
employer’s liability insurance. Thus, one
low-risk activities, the prosecution is
area for further consideration is stricter
based on a more observable threshold,
enforcement of current regulations, rather
as it only needs to be proved that trade
than the creation of new regulations.
effluent was disposed into surface water
Further, inadequate enforcement of
drainage systems30. Lack of data on
regulations could be related to the lack of
HCWs makes it a challenge to compare
regulatory oversight, such as a system to
the impact of environmental policies in
register HCWs and/or a licensing scheme,
England and Scotland on this sector.
thus overburdening law enforcement and
regulatory bodies’ resources as they lack To encourage good practice in
access to such information. the prevention of pollution to the
environment, Natural Resources Wales,
The growth of unregulated HCWs in
the Northern Ireland Environment Agency,
the UK could also be attributed to the
and the Scottish Environment Protection
lack of enforcement of environmental
Agency, established the Guidance for
regulations. Incorrect handling and
Pollution Prevention Vehicle Washing
disposal of wastewater, chemicals used
and Cleaning (GPP13)31.
to wash cars, oil residues and debris
washed off cars can result in the
discharge of trade effluent into surface
water drains and pollute the environment.
21Rights Lab and IASC
Licensing and registering
HCW operations
The UK’s lack of a system to register and license HCWs have allowed
operations to flourish without almost any regulatory overview. Consequently,
there is lack of data available on this sector making it difficult to assess the
number of HCWs operating in the UK, where they operate, how they conduct
their business operations, the extent to which they are unregulated, and the
incidence rate of labour exploitation. Despite offering a popular service and
operating in plain sight, lack of regulatory oversight has allowed some
HCWs to essentially remain unregulated.
Recently, the Director of Labour Market According to his report, ‘the compliance The Code covers core practices such
Enforcement (DLME), Sir David Metcalf approach is premised on the idea that as environment protection, health and
proposed that the GLAA extend its violations of employment regulations safety, labour and employment rights,
remit to pilot the licensing of HCWs33. are the result of employer ignorance financial transparency and corporate
Licensing could provide a more and incompetence35.’ Thus, while it is governance37.
comprehensive understanding of the important that regulations are strictly
Such a code not only ensures that car
sector and its workforce. However, it is enforced to drive compliance, it is also
washes are compliant with legislation
also questionable how workable such vital to educate employers on labour and
and regulation, but it could also educate
an approach would be in preventing employment policies to which they must
entrepreneurs, particularly migrant
labour abuses and ensuring compliance adhere. An assessment of research on
employers, who are unaware of the
given the current unregulated and HCWs suggests that some are legitimate
necessary regulations they should abide
vulnerable nature of the sector. The businesses that have planning or leasing
by to establish and operate a business
DLME also acknowledged the need permission but breach other relevant
in the UK, and thus are inadvertently
for evidence on the costs or benefits regulations. Some HCW employers may
complicit in violations. Such a scheme
of licensing to such sectors. Concerns lack a comprehensive understanding
will also enable agencies, including
have been raised on how best to tackle of the policies around establishing and
the GLAA and police, to target those
labour exploitation in HCWs and which running a business in the UK. One area for
HCWs which are not participating as
regulatory body should be responsible further consideration may be to educate
these are more likely to be violating UK
for monitoring and enforcing compliance; employers on labour standards and their
laws and regulations; this will benefit
given the proliferation and fragmentation responsibilities to prevent exploitative
those agencies as they need to target
of the sector, local authorities could practices. Such an approach will ensure
their stretched resources as efficiently
be resourced to register and license that employers are not simply punished
as possible. The RCWS could be
HCW operations and promote multi- for non-compliance, but rather they
advantageous in helping to improve
agency partnership. Strengthening local are also supported to continuously
labour and employment conditions
authorities’ response to address labour improve practices.
for workers. The scheme also allows
exploitation in HCWs could also tackle
The GLAA is currently working with customers to make more conscious
other areas of non-compliance and
key enforcement and regulatory decisions on car wash providers as it
encourage the sharing of best practice,
agencies, industry stakeholders and is accredited, audited and promotes
resulting in a more effective impact
non-governmental organisations (NGOs) continuous improvement by providing
nationally.
to pilot an Industry Code of Practice for information, training and best practice
Separately, if a public sector licensing the HCW sector. This will form the basis to car wash businesses.
scheme proves unfeasible, an alternative of the incipient Responsible Car Wash
Like other sectors, HCWs can be
approach to licensing HCWs is a private Scheme (RCWS), which will accredit
commercially viable while ensuring that
regulatory initiative, such as a code of HCWs that comply with the Code. The
their business operates in an ethical,
practice to drive compliance. In his Code aims to help, ‘bring legitimacy
legal and responsible manner. The
2018 to 2019 strategy, the DLME to the sector, promoting compliance
argument that such businesses can only
highlighted that effective labour market and raising standards through the
profit from exploiting labour is flawed,
enforcement should consist of a mix of dissemination of best practice’ and
as inadequate enforcement of regulations
compliance and deterrence approaches34. ‘be a positive force for improving the
has contributed to unregulated operations
working conditions of employees36.’
and exploitative labour practices.
22Rights Lab and IASC
Engagement
with workers
In line with promoting a compliance approach, the DLME acknowledges
the importance of promoting worker rights, supporting awareness and
access to enforcement. To improve engagement with workers, authorities
can ensure workers are also educated on labour and employment policies,
such as the NMW, NLW, health and safety policies, working time regulations,
and other rights. Further, there also needs to be effective channels to
allow workers to enforce such rights.
Authorities might wish to consider Evidently, a number of factors may hinder Recognising that law enforcement has a
educating workers about the risks of engagement with workers. Workers may duty to report cases of illegal immigration,
labour abusive practices, how to report not self-identify as victims of labour it is equally obligatory that officials
such abuses, modern slavery and the abuse or MSHT, or may be accepting recognise and address the vulnerability
NRM system. Reports from police forces of their working conditions, though of potential victims of MSHT39. An issue
interviewed show that though some exploitative. Thus, confusion around the highlighted by police forces is that some
workers were unwilling to disclose any, relevance of consent in identifying cases workers do not want to be referred
or accurate, information of their working of labour abuse, or MSHT, may result in into the NRM, as their focus is securing
conditions, all forces ensured that workers law enforcement officials choosing not to employment to support themselves and
were aware of any support available engage with workers further than initial their families. One police force suggested
to them. All police forces interviewed or early stage contact. Separately, officials that measures should be adopted to
reported distributing leaflets translated reported the difficulty in engaging with prevent workers from being drawn
in different languages to educate workers, as some fear retaliation from towards unregulated and exploitative
workers on issues such as NMW, holiday their employers or fear denouncement employment practices such as support
pay, contracts, and their labour and to immigration officials if they were in applying for a NI number, developing
employment rights. Separately, to improve from outside of the EU. The HMICFRS their skills and applying for other jobs.
engagement with workers, some police report on the policing response to MSHT
forces have begun using officers and acknowledged the failure of some forces
community actors from the same national to adequately identify potential victims of
or ethnic background as workers. MSHT as they were ultimately treated as
illegal immigrants38.
23You can also read
