As the media reports increasing numbers of migrants trying to reach Britain from Calais, the government has resorted to dog-whistle politics.

With the ink barely dry on the 2014 Immigration Act, which sought to create a “hostile environment” for undocumented migrants in the UK, a sequel is proposed for this autumn. The immigration minister, James Brokenshire, has made a series of “teaser” announcements. Among them are promises that the forthcoming bill will mean “rogue employers” will feel the “full force of government machinery” and the headline-grabbing threat that undocumented workers “will face the prospect of a prison term”.

The prime minister says he wants to use the immigration bill to tackle the undocumented migrants who undercut the wages of British workers. Yet the cruel irony is that, far from preventing illegal working, the “hostile environment” is creating conditions in which slavery can flourish.

The first elements of the government’s Modern Slavery Act become law in July, introducing tougher sentences for traffickers and compensation for victims. Yet good work in this area risks being undone by a hard line and ultimately counterproductive immigration policy. At Focus on Labour Exploitation (Flex), we have been clear that policies and practices putting immigration control above all else will result in increased forced labour and modern-day slavery in the UK.

The proposed immigration bill seems to be offering something to everyone: it will not only prevent migrants from stealing jobs but will also, according to the prime minister, tackle “the worst cases of exploitation” through a “labour market enforcement agency”.

On the face of it, this is positive news. Most experts in forced labour agree that labour inspection is an important means to address weak labour market regulation and enforcement, which leaves space for exploitation to thrive.

The immigration sanctions system is used ​​by employers to exploit workers with impunity

However, the evidence shows beyond doubt that when immigration enforcement and labour inspection are combined, the all-important trust between labour inspectors and those who are being exploited is broken. In the US, there is even a memorandum of understanding between the Department of Labor and the Department of Homeland Security to ensure that immigration enforcement does not interfere with labour inspection. At best, this conflation results in a failure to identify human trafficking, forced labour and slavery, but at worst it creates the perfect conditions for all three to take root.

In forthcoming research conducted by Flex in the UK, and with partners in the Netherlands and Romania, findings repeatedly highlight the dangers of blurring lines between labour inspection and immigration enforcement. Victims of trafficking in the Netherlands said that they had witnessed labour inspection visits at their place of work. However, because the Dutch labour inspectorate was seen to operate jointly with the “aliens police”, victims reported fearing and deliberately avoiding inspectors as a result. In these cases, slavery went undiscovered. Labour inspection only succeeds in identifying forced labour when used to enforce worker’s rights, not as another means of immigration enforcement.

According to the International Labour Organisation, an estimated 21 million people are trapped or coerced in labour exploitation around the world. Human trafficking, forced labour and slavery thrives in the UK, with official figures suggesting up to 13,000 people could be trapped in forms of modern slavery.

Feeding off their victims’ vulnerability and marginalisation, perpetrators use threats – including reporting victims to immigration officials, removing identity documents, or physical harm should people be deported home – to control victims.



One of the least understood features of forced labour in the UK is that most suspected victims have the right to work here as EU nationals. Yet the stigma migrants increasingly face in the UK often means that people believe their migration status is more precarious than it is. Threats to report migrants to immigration authorities are used by traffickers to control victims and to silence those who complain.

Perhaps even worse, research by City University London and London Metropolitan University has shown how the immigration sanctions system is used by employers to exploit workers with impunity. Employers of undocumented workers face a £20,000 penalty if they are uncovered, but a penalty reduction framework slashes this figure to nil if employers themselves report workers to the authorities and cooperate with investigations.

A recent parliamentary answer showed that from January to June this year, just 28 out of 987 employers who were issued a “civil penalty notice” for employing people without permission to work in the UK paid the full amount. This creates a win-win situation for unscrupulous employers, who can maximise profits by exploiting undocumented workers and then report them for deportation if they dare to demand decent labour conditions.

As the government’s much-feted Modern Slavery Act enters law, the time is ripe to build on this strong foundation. How? By prioritising labour inspection founded on workers’ rights. By reviewing protections for workers across the labour market, especially self-employed and agency workers. And by removing obstacles to labour rights, including disastrous employment tribunal fees. For if instead, while fumbling for an instant answer to the “Calais crisis”, the government resorts to dog-whistle politics, then progress on modern slavery could well be undone.