Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to paragraph 92 of the consultation document entitled, Tackling Exploitation in the Labour Market, (a) how many prosecutions and (b) what penalties have been applied for each of the existing offences that are in the remit of the Director of Labour Market Enforcement.

The list of offences that will be in the remit of the Labour Market Enforcement Director are subject to public consultation. The following figures are available for prosecutions and penalties for offences that are being considered for inclusion in the Director’s remit.

There have been nine prosecutions relating to National Minimum Wage underpayment since the first prosecution took place in 2007. Criminal prosecution is reserved for the most serious cases. Penalties totalling over £3.9 million has been issued.

There were three prosecutions (one failed) for suspected breaches of Employment Agencies Standards (EAS) Regulations in 2013-14. Fines totalling £5,200 were issued and total compensation and costs awarded to workers was £6,041. Information on prosecutions prior to 2013/14 can be found in EAS Annual Reports online.

During 2013/14 and 2014/15, there were six and nine prosecutions respectively for offences contained within the Gangmasters (Licensing) Act 2004. Penalties included fines and custodial sentences for these and other non labour market offences.

The Modern Slavery Act offences, which could fall within the remit of the Director, came into force on 31st July 2015. Data is not yet available for those offences.