Labour User Guidance for Basic Public Register Checks and Formal 'Active Check'
It is an offence for a labour user to use an unlicensed labour provider (Gangmaster). This applies to the sectors regulated by the Gangmasters and Labour Abuse Authority which are agriculture, food processing and packing and shellfish gathering.
To help labour users check that the labour provider they obtain workers from is licensed we offer two types of checking facilities.
The basic check
This is a simple check of the public register found at www.gla.gov.uk where a time and date stamped record can be printed. Alternatively call the GLAA helpdesk on 0845 602 5020.
The active check
The active check process has been designed to enable labour users to check a labour provider is licensed and to obtain written evidence that a check was made. This service can be accessed via the GLAA website.
The active check process goes further than the basic public register check. The active check will produce a record of the record checked, and who has made the check. Once a labour user has registered an active check in a specific labour provider the GLAA will update the labour user if the status of the labour provider changes.
You should be aware that the labour provider will be notified when an active check has been made against their licence record. This has been implemented to ensure transparency for all parties during the active check process.
How do I do a basic check?
Firstly, check the GLAA public register at www.gla.gov.uk to see if your labour provider(s) are licensed.
You can search for a labour provider by entering their unique reference number (URN), business name or business location into the search bar.
You can also complete a search for labour providers by their country of location and the countries that they supply labour to within the “Advanced Public Register Search”.
When you find the online entry on the public register for the labour provider you were looking for, click on the licence name to reveal a detailed record of the labour provider. This record has a time and date stamp in the bottom left hand corner. We recommend that you print a copy of the online register entry to keep for your records.
If you cannot find the labour provider you are looking for or have any doubts at any time as to whether the labour provider is licensed you should contact the GLAA for confirmation. If the labour provider you are using isn’t licensed then you must stop using them or you may face prosecution.
For full guidance on the minimum checks you are advised to make to establish that a labour provider is licensed please see the Defra reasonable steps guidance.
What are the advantages of making an active check?
If you register an interest in a labour provider through the GLAA ‘Active check’ process, the GLAA will have a record that you have made a check and will be able to inform you of any change to the status of this labour provider.
By registering your interest with one or more labour providers via the active check, we will let you know if:
- a licence holder has been inspected.
- individuals named on the licence who are permitted to negotiate on behalf of the licence holder are changed.
- If the labour provider is no longer licensed and they are removed from the Public Register.
How to make an ‘Active Check’
You can register to use the new Active Check service online by following the links on the GLAA website. You will then receive electronic notifications to the email address that you provide during the registration process. Instructions of the steps that you will need to take to set up an active check can be found within the Active Check service.
Please be aware the licence holder will be notified about who has carried out a check on them as well as confirmation of the Active Check user’s address and telephone number if they have been supplied.
If you are a Principal Authority of an existing licence, you will be able to access the Active Check service through your online licensing portal. You will not be able to register to use the Active Check service using the same email address that you use to access the licensing portal.
Frequency of Checks
If you have an arrangement with a labour provider which continues for more than 3 months, you should:
- check the GLAA register at 3 monthly intervals and keep a copy.
OR
register an interest in the labour provider with whom the agreement has been made, through the GLAA “Active Check Service”.
Make sure that contractual arrangements are made only with a licensed business through an authorised person or post holder.