Criminal offences and sanctions
The Gangmasters (Licensing) Act 2004 includes a number of criminal offences that apply to both labour providers and labour users.
Labour providers
Within the GLAA regulated sectors it is illegal under s12 of the Gangmasters (Licensing) Act to:
- operate as a gangmaster without a licence
- possess a document - either false, improperly obtained or belonging to someone else - with the intention of inducing someone to believe that you, or someone else, are licensed by the GLAA.
The maximum penalty for operating without a licence is 10 years in prison and/or a fine.
Labour users
If you use workers for roles in the GLAA sectors, they must be supplied by a licensed labour provider. It is a criminal offence to enter into an agreement with an unlicensed gangmaster. This carries a maximum penalty of six months in prison and/or a fine.
Other offences
It is also an offence to obstruct a GLAA officer in the course of their duties, with a maximum penalty of six months in prison and/or a fine.
Shellfish gathering
If you use workers to gather shellfish you will also need a licence. You are considered to be a gangmaster in this sector, so the penalty is up to 10 years in prison and a fine if you operate without a licence. More information is available on our shellfish gathering page.
Find out more...
The Gangmasters (Licensing) Act 2004: Legislation - the offences under the Act are described in s12, s13 and s18.
Conviction totals: Individuals and businesses prosecuted under the Gangmasters (Licensing) Act 2004
Enforcement policy statement: The enforcement policy explained