Preventing labour exploitation: evidence summary

Findings

Prevalence

The prevalence of human trafficking (globally as well in the UK and Scotland) has been the subject of much debate (UNODC (2018) in Rigby et al.., 2020). It is difficult to accurately estimate the prevalence of labour exploitation as it depends on how violations are categorised (Rivera, 2024). In the UK the primary data source for victims of trafficking and exploitation are the National Referral Mechanism (NRM) statistics. However, due to the hidden nature of exploitation and that adults have to consent to being referred, NRM statistics are very likely to be an under representation of the true prevalence of labour and other types of exploitation in the UK (ONS, 2020).

National Referral Mechanism (NRM) statistics for Scotland for 2024 show a total of 920 victim referrals^[6] for all forms of human trafficking and exploitation. Labour exploitation is currently the most common form of reported human trafficking and exploitation in Scotland. Overall, 590 NRM referrals in Scotland included some form of labour exploitation;103 for children and 487 for adults (see Table 1 below using the combined figure).

In terms of gender, the vast majority of adult victim referrals for labour exploitation were male (421), compared to 66 referrals for females; this was also the case for child referrals (79 boys compared to 24 girls) (see Figure 1).

Source: Modern Slavery: National Referral Mechanism and Duty to Notify statistics UK, end of year summary 2024: data tables (Table 4)

The majority of adult and children referrals for labour exploitation were for foreign nationals, with the most referred nationality being Vietnamese (228 referrals), followed by Eritrean (62 referrals), Albanian (51 referrals) and Sudanese (49 referrals). There were only 14 referrals for adult UK nationals.

Risk factors and drivers of labour exploitation

The literature emphasises that it is crucial to identify the risk factors associated with trafficking and exploitation in order to effectively prevent labour exploitation (Focus on Labour Exploitation, 2022). Evidence reports that traffickers strategically target certain groups of people to minimize risks and maximize profits, for example the age distribution for domestic servitude and labour trafficking suggests a lesser emphasis on youth (Cockbain & Bowers, 2019). Cockbain & Bowers (2019) also describe how labour exploitation is influenced by market structures such as migration patterns and low-wage labour. Individuals working in industries with high rates of temporary or insecure employment, those with uncertain immigration status, or members of marginalized groups are reported to be at heightened risk of exploitation (Sedacca, 2024).

Gender

Some forms of labour exploitation appear to be gendered, as men and women often experience labour exploitation in distinct ways and through different pathways. Although men are reported to be more likely to experience labour exploitation (e.g. in the NRM statistics), there is limited research and understanding of their experiences. Cockbain and Bowers (2019) argue that overall the legal framework and anti-trafficking campaigns in the UK have tended to focus on women and sexual exploitation, leaving male victims and other forms of trafficking largely ignored. Similarly, Lingaas (2020) argues that further research is needed to improve understanding and protect male victims of forced labour.

That said, understanding the unique experiences of women is also essential (International Labour Organisation, 2022). For example, UK literature states women are 14 times more likely to be trafficked for domestic servitude compared to other forms of labour exploitation (Cockbain & Bowers, 2019). There is also some evidence to suggest that in industries traditionally dominated by women, such as domestic work, hospitality, and social care, workers can often face lower-level work violations (FLEX, 2018). This can include violations such as being paid below the minimum wage, wage theft, false self-employment classifications, discrimination, violence and harassment, unfair wage deductions, and breaches of health and safety regulations (Living Wage Foundation, 2024). A study into Scotland's hospitality industry found lower-level violations practices were common, including unpaid overtime, uncompensated travel, and withheld holiday or sick pay (Stockland et al., 2023).

Blurred boundaries

As previously noted, the boundaries between different forms of exploitation and trafficking can be blurred, as is the case with child labour and criminal exploitation (Bish et al., 2024). Historically, there has not been a significant number of identified cases of child trafficking for the purposes of labour exploitation - except in the context of criminal exploitation (Dottridge, 2021). However, child labour remains a major public health concern globally, not least because of the health risks associated with child labour including adverse physical and mental health outcomes (Ibrahim et al., 2019).

Self-employment and zero hour contracts can also increase the risk of exploitation due to unpredictable incomes. FLEX, 2024 argues that business models relying on temporary staff and zero hour contracts can create fluctuations in hours or pay which can have severe consequences for staff, such as loss of housing or mounting debt. Low wages also make it harder for workers to manage employment gaps. These circumstances can increase the risk of and/or trap individuals in exploitative working conditions (FLEX, 2024).

Temporary migration programmes

Temporary migration programmes are used in some sectors to control labour markets and manage migration, often using sponsorship visas that bind workers to specific employers (Scottish Government, 2023). Short-term migrants, typically staying between three to twelve months, are often restricted from accessing public benefits and services in the UK. Research from countries including the UK, the US, Australia, New Zealand, Sweden, and Finland highlights that the dependency created by tying workers to single employers can increase the risk of exploitation (Scottish Government, 2023). The UK government’s Migration Advisory Committee (MAC) recently highlighted aspects of temporary migration programmes that increase the risk of labour exploitation. These included restrictions on changing employers, limitations on sector or geographical location, and reliance on employers for accommodation (MAC, 2022). This dependency makes it difficult for migrants to leave exploitative situations where they occur (Mantouvalou, 2022). FLEX has also identified similar and additional risks faced by migrant workers under such programmes, including:

• Debt bondage due to upfront migration costs and illegal recruitment fees;
• Deception in recruitment;
• Barriers to changing job or sector;
• Multiple dependencies on employers or third parties;
• Destitution due to no recourse to public funds;
• Lack of access to information about rights or how to seek support;
• Barriers to accessing justice; and
• Lack of guaranteed hours/zero hours contracts (FLEX, 2021a)

The agricultural and care sectors in the UK, which Thiemann (2024)^[7] argue is marked by widespread labour exploitation, have faced heightened uncertainty post-Brexit due to restrictive visa conditions (Thiemann, 2024). For example, the Seasonal Worker Visa (SWV) for agriculture and the Health and Care Worker Visa (H&CWV) for care professionals have been found to limit workers' mobility, exacerbate financial instability, and increase vulnerability to exploitation through tied visas, short employment durations, and barriers to reporting mistreatment. Key issues include illegal recruitment fees, deceptive practices by intermediaries^[8], and insufficient enforcement of labour rights (Thiemann, 2024). Further research is needed to investigate workers' experiences of both the SWV and the H&CWV, particularly in relation to worker mobility, interactions with labour inspection bodies, and filing employment tribunal claims (Thiemann, 2024).

Visa restrictions

Research by Sedacca (2019) on domestic workers^[9], labour rights and visa restrictions in the UK and Chile reports that such restrictions can place workers at risk of exploitation and abuse, particularly migrant workers. Legal exemptions, such as excluding domestic workers from minimum wage and working time protections can exacerbate these challenges (Sedacca, 2019). Cockbain & Bowers (2019) suggests that most victims of labour trafficking (forced or exploitative work in industries like agriculture or hospitality) are from the EEA. This is due to EEA nationals being able to move freely within the EU and legally enter the workforce without immigration restrictions, making it easier for traffickers to exploit them in even legitimate job sectors.

The ‘continuum of labour exploitation’

Recent literature on labour exploitation highlights how boundaries between labour violations, and exploitation and trafficking in the workplace are often unclear or ‘blurry’. As Cockbain, Sidebottom & Zhang (forthcoming, 2025) state “where the lines lie between routine, ostensibly ‘acceptable’ levels of exploitation and trafficking is unclear, almost certainly dependent on context and one’s perspectives” (p8). This, it is argued, can pose significant challenges for identifying cases of exploitation and developing effective intervention strategies, as well as generating accurate prevalence estimates (Cockbain, Sidebottom & Zhang, forthcoming 2025; Bullock, 2024).

Conceptualising labour exploitation as part of ‘continuum of exploitation’, a term coined by Skrivankova (2010) (in FLEX, 2024), is presented as a useful way to understand and respond to labour exploitation. Within the continuum are violations ranging from minor infractions to severe forced labour (Palumbo, 2024). The continuum model therefore includes a wide spectrum of exploitative practices including workplace violations e.g. unpaid wages, discrimination, and excessive working hours, as well as human trafficking and labour exploitation. Some literature argues that ‘minor’ breaches of employment rights and labour violations directly increase the risk of more severe exploitation (Beels, 2017; Labour Exploitation Advisory Group, 2022). The Labour Exploitation Advisory Group (LEAG), for example, argue that strengthening worker’s rights can promote primary prevention and prevent unacceptable working conditions and exploitation from occurring (LEAG, 2022).

The ‘continuum of exploitation’ theory highlights the need to equip the labour market with safeguards to prevent exploitative conditions and to ensure that both extreme abuses and less serious violations of workplace rights are recognised and addressed. However, it should be noted that there is currently a lack of empirical evidence to support the theory i.e. there is insufficient evidence on whether minor workplace violations do indeed lead directly to more severe forms of trafficking and exploitation in practice, and whether targeting conditions at the lower end of the spectrum prevents more extreme labour trafficking (Niezna & Tecca, 2023).

Current responses to preventing labour exploitation

The literature reviewed for this paper suggests that the current approach in the UK to preventing (or addressing) labour exploitation is predominantly an 'after-the-event’ one which, it is argued, fails to address the underlying drivers or prevent re-exploitation (FLEX, 2021b). Some of the literature critiques this approach which is delivered primarily via the criminal justice system (LEAG, 2022), rather than focusing on primary prevention (LEAG, 2022 & FLEX, 2024).

It is argued that criminal justice responses often overlook the underlying issues, some of which could be more effectively addressed through employment law, potentially preventing exploitation before it occurs (FLEX, 2024). By focusing primarily on prosecution, the evidence highlights neglected opportunities for early intervention, such as lower-level labour violations – in line with the continuum of exploitation theory (FLEX, 2024 citing Skrivankova, 2010). Addressing these violations more rigorously may, it is argued, potentially provide protections to workers before conditions worsen, ultimately reducing the need for criminal intervention further down the line (LEAG, 2024). However, as noted, more research is needed to test the link between addressing lower violations and its impact on more severe exploitation.

A significant barrier to addressing and preventing labour exploitation is the shortage of resources within governmental bodies, which, it is argued, limits proactive inspections and creates an overreliance on reactive measures and the onus on individual ‘employees’ to report exploitation (FLEX, 2017; Beels, 2024). While awareness-raising campaigns aimed at educating the public and employees about recognising signs of exploitation may have some benefits, their overall impact on prevention is unproven (FLEX, 2024). Many employees are reluctant to report workplace issues, fearing retaliation or job loss (LEAG, 2024; FLEX, 2017). According to FLEX, labour inspections in the UK are fragmented, with six distinct enforcement bodies, leading to confusion among workers and employers about whom to report violations to (FLEX, 2024).

Opportunities for preventing labour exploitation

The evidence base on what works to prevent labour exploitation is limited. Labour exploitation and targeted interventions are difficult to measure due to the hidden nature of labour violations and trafficking, the challenges of isolating intervention effects, lack of baseline data and long term studies, and the lack of reports or data on exploitation (Zimmerman et al.., 2021). Cockbain et al..,'s review (2018) of labour trafficking in Europe (2000-2015) found no formal evaluations of interventions of ‘what works’.

Human trafficking and exploitation, including labour exploitation, are significant public health issues, with long-term physical health, mental health and societal impacts (Such et al., 2024). Recent literature highlights the importance of a whole system, public health response to preventing labour exploitation (Such et al., 2024). Cockbain, Sidebottom & Zhang (forthcoming 2025) suggest that anti-trafficking interventions should be targeted at all levels of prevention (before, early and after the harm occurs (primary, secondary and tertiary). Kiss & Zimmerman (2019) argue that broader, structural drivers of trafficking and exploitation, such as a lack of transparent recruitment practices and fair labour immigration policies, may also benefit from attention. While such structural and policy driven approaches have been studied in development economics^[10], their potential impact on labour exploitation prevention remains underexplored, suggesting a need for further research (Kiss & Zimmerman, 2019; Kotiswaran, 2019).

Immigration and visas are reserved matters for the UK government, meaning the Scottish government cannot directly implement changes to visa policies. However, a 2023 study commissioned by the Scottish Government examined the safeguarding risks for workers on the UK Seasonal Worker Visa (SWV) in Scotland's horticulture sector (Scottish Government, 2023). The report’s focus is on understanding options for the Scottish Government to mitigate the vulnerabilities created by temporary migration programs. Specifically exploring the Open Work Permit for Vulnerable Workers (OWPVW) introduced in Canada, as a potential model for Scotland. This permit, which is not tied to a single employer or location, allows foreign nationals to work for multiple employers in various locations across Canada and aims to reduce the power imbalance between temporary foreign workers and their employers. With Canada’s federal model similar to the UK's devolution system, the report states that OWPVW serves as a relevant case study for Scotland.

The evidence broadly suggests that prevention interventions could take a variety of forms, targeting different levels of society from individuals to wider employment structures, with the approach tailored to specific sectors, populations and geographic areas (Cockbain, Sidebottom & Zhang, forthcoming 2025). Despite a lack of empirical evidence on the continuum theory, the literature increasingly emphasises the importance of focusing on prevention measures across the entire labour exploitation continuum (e.g. Bullock et al., 2024). This might include initiatives such as improving labour laws, enhancing worker protections, strengthening reporting mechanisms, and empowering workers to advocate for their rights (FLEX, 2024). FLEX suggest that proactive workplace inspections, particularly in high-risk industries, could help prevent labour exploitation by providing vital information to workers and employers while encouraging employer compliance (FLEX, 2018).

Workplace inspectors play a vital role in preventing labour exploitation (European Union Agency for Fundamental Rights, 2024). They can do so by proactively informing workers during inspections, organizing awareness campaigns, and collaborating with trusted organisations like trade unions and civil society groups. Inspectors should distribute multilingual materials, offer details on rights to equal pay, and provide practical guidance on employment rights (European Union Agency for Fundamental Rights, 2024). Providing diverse communication channels, including websites, social media, and multilingual hotlines, can help ensure that information reaches workers effectively. Follow-ups with workers post-inspection can further support their understanding and enforcement of rights.

Recommendations by Thiemann (2024) include allowing greater visa flexibility, addressing recruitment abuses, strengthening labour market regulation, and improving dispute resolution systems to reduce risks and improve conditions for migrant workers. Further evidence is needed to understand how effective these measures could be in preventing labour exploitation.