A group of Ghanaian fishermen argued that the government breached their human rights not to be held in slavery or servitude and not to perform forced or compulsory labour.
The men were rescued from ‘abject conditions’ on the UK-based scallop trawler the Olivia Dean by charity Stella Maris in 2020. The trawler is part of the TN Trawlers fleet, owned by Thomas Iain Nicholson or his company TN Enterprises Ltd.
Brought into the UK under the pretence they would be given leave to enter the UK as contract seamen, the men were instead subjected to modern slavery and forced labour, working excessively long hours with faulty equipment and subjected to abuse – including racist language.
What’s more, the claimants were denied leave to enter the UK lawfully even when the vessel was at port and were forced to live in grossly unsanitary conditions with no access to safe drinking water, adequate food or medical treatment.
Human trafficking
Law firm Leigh Day represented the group of fishermen in legal proceedings, during which the men argued the Home Office breached their rights protected by Article 4 ECHR by failing to have in place systems to protect their rights and the rights of contract seamen like them from human trafficking, modern slavery and forced labour.
The claimants argued that the Home Office also failed to identify them as being at real and immediate risks of trafficking and exploitation and failed to take steps to protect them, including by removing them from that situation or risk of that situation.
Speaking on behalf of the group, one of the rescued seamen said: “Being trapped on that boat felt like a nightmare. We worked day and night. The conditions were unbearable – there was no dignity, no respect for us as human beings.
“I’m grateful that we were finally rescued, but the scars of that time are still with me. This settlement is a step towards justice, but no amount of money can erase the suffering we went through. I hope that by speaking out, we can help stop this from happening to others.”
Leigh Day, working with Doughty Street Chambers, drew upon documented incidents of exploitation within the fishing industry from seafarers’ charities and the media to highlight the vulnerability of migrant seamen.
Position of vulnerability
These reports showed how migrant seamen on transit visas have no lawful immigration status or statutory employment rights in the UK and how vessel owners rely on this position of vulnerability in their exploitation of the migrant seamen.
The law firm successfully settled each claimant’s case for more than £20,000 in compensation.
Stephanie Hill, human rights partner at Leigh Day, said the claim raised serious concerns about the adequacy of the government’s systems to protect migrant workers from exploitation – an issue she claimed remained rife in the fishing industry.
“Our clients have shown a lot of courage in bringing this claim and this settlement is an important step forward in acknowledging the harm our clients endured,” she added. “The conditions they were forced to work under were horrendous - working long hours with no rest, facing constant intimidation, and being deprived of basic necessities like safe drinking water.
“This case underscores the need for stronger legal safeguards to prevent abuses like these from happening again.”
Meanwhile, last month, modern slavery victims were forced to work for a bread manufacturer which supplied products to major UK supermarkets.
