I am amazed that this completely illegal and despicable behaviour by a British company towards migrant workers has not been more widely reported. Or perhaps not - since reporting about employers, who ignore the minimum wage, discriminate against foreign workers and want to get rid of employment rights could be seen as unfairly promoting Conservative Party economic policies?
Check out the EHRC press release here
"Polish students awarded £25,000 in discrimination and unfair dismissal case 06.04.10
Two Polish workers have been awarded a total of £25,000 in an employment tribunal case against a Perthshire fruit picking company. The tribunal found against David Leslie Fruits on the grounds of race discrimination, dismissal for asserting a statutory right and unlawful deductions from wages. Central Scotland Racial Equality Council (CSREC) were able to provide the successful claimants with legal representation using legal grant funding from the Equality and Human Rights Commission. The Commission fund CSREC to provide advice and representation relating to discrimination.
Polish students Michal Obieglo and Tomasz Kowal lived on-site at David Leslie's Scones Lethendy farm last summer. During the hearing, the Tribunal heard evidence about the horrendous conditions the students were housed in during their time at the farm, sleeping in a converted metal container with no running water, and sharing twelve showers between almost 200 people. Additionally, there were discrepancies relating to rates of pay, underpayment of wages, incorrect payslips and incorrect deduction of tax.
When Mr Obieglo and Mr Kowal approached David Leslie on behalf of their colleagues with their concerns, they were threatened with dismissal and given a written warning. Mr Obieglo and Mr Kowal contacted the Citizen's Advice Bureau in Perth and continued to raise their concerns with their co- workers. They presented a petition to David Leslie with 145 signatories on it and were dismissed that day, allegedly for stealing fruit.
This accusation was without foundation and prompted a general strike. David Leslie then gave a personal pledge that the concerns of his employees would be addressed, and Mr Obieglo and Mr Kowal were re-instated. However, the next day, both men were asked to report to David Leslie's office, where they were met by police officers and escorted from the premises. Their belongings were withheld until they had bought a bus ticket to Edinburgh.
In the written judgement, Employment Judge Hosie said: 'There is no doubt that the discrimination in this case was serious. It caused the claimants' considerable distress, leaving them at one point in the situation where they feared they would be left stranded and homeless in a foreign country with no money to get home, or even imprisoned for an offence which had been fabricated. Their hopes of spending a pleasant summer picking fruit in Scotland and earning some money to assist with their University educations turned into a nightmare. They were treated appallingly, without any common decency or respect, and left frightened and humiliated.'
CSREC caseworker Richard Pitts described his clients' treatment as 'modern day slavery'. He added:
'Mr Leslie would not have dared treat Scottish people the way he treated my clients. He thought he could get away with it because they were Polish and didn't know their rights. That was the reason the Tribunal found his actions to constitute race discrimination'
Ros Micklem, Equality and Human Rights Commission Scotland Director said: 'This case highlights the clear mistreatment and exploitation that migrant workers can face. Too often workers from overseas are treated badly, on the assumption that they will simply put up with substandard conditions and illegal pay. We hope that it sends out an important message to employers in Scotland. Discriminating against people because of their race or nationality is not only wrong it can also lead to tough financial consequences.'
Mr Obieglo said 'The reason I want people to hear about my experiences is so that other foreign workers know their rights and know how to assert them - I want to be an example for people to follow.'
Picture “Brothers of the Sun” by Luana Boutilier which is about fellow exploited fruit pickers.
Hat-tip thingy Col. Roi.
8 comments:
and the bosses complainat paying £15 a month more
but only if their employees earn over £20,000
like as if they do in many of the companies backing the tories
thenaginlets see how manyjobs these same companies have exported ????
or if they earn 20times the levelof their lowerst paid worker
This is just appalling!
These type of employers should be put into prison, and never allowed to employ another human being again!
I hope his business receives such bad publicity that he is forced to be closed down!!!
Anyone need any more proof that Trade Unions have an essential place in Society??
How can you say this ? Do you beleive what you are saying ?. the government is actively promoting slavery.
http://www.flexible-new-deal.co.uk
Hi Anon
What rubbish – New Deal is not perfect and there are genuine arguments about it and its implementation but to compare it to what happened in this case simply demeans you and discredits a reputable cause.
This is all well and good but what about the fact that UK Job Center is forcing the unemployed to take part in 30-40hrs a week work paid at only £100 every two weeks???
In my opinion its the government who needs to set the example. the above works out about £0.80 p/h <---- That is appalling
Hi anon
More rubbish. There is a very proper debate on the low allowances paid to such trainees but don't demean yourself by comparing this to the subject matter of this post.
Just wait and see what the CONDEMS will pay!
NOo idea who John Grey is. But it is him who is talking rubbish. This is entirely comparable to the New Deal slave Labour program.The kind of behavour above is entiely inkeeping with mindset of the people running the sham new deal courses and the mindset that has turned everything into a profit-making scheme, even unemployment. Slave work is slave work. If you have to work weeks you should be paid four weeks of real wages..Nobody should ever have to work for a giro, if work is there and you have to do you should be paid properly end of.
The types of people that run these new deal schemes are the same types that run companies above.
Hi anon
and i have no idea who anon is either! this is all rather pointless especially on a day like today. So you believe your nonensense and I will believe mine.
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