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10.10.2025 / Press releases /
10 OCTOBER 2025 – APPEAL VS TIME LIMITS REJECTED
Seasonal migrant farm workers appeal tribunal time limit preventing them from seeking justice over alleged exploitation.
· Latin American seasonal farm workers lodge appeal to the Employment Appeal Tribunal (EAT) this week after their claim is thrown out for missing a tribunal deadline.
· Haygrove Ltd, one of the UK’s biggest berry producers, accused of subjecting workers to conditions resembling modern slavery; underpayment, less work than promised, spiralling debt, racial discrimination.
· Employment Tribunal refused to hear their case enforcing the three-month time limit despite the workers being homeless, undocumented and traumatised.
· Case exposes how UK law shields exploitative bosses and blocks justice for migrant workers on the government-backed Seasonal Worker Visa scheme.
A group of Latin American farm workers recruited under the UK’s Seasonal Worker Visa scheme in Chile are lodging an appeal this week after their claim against one of the UK’s biggest berry producers was thrown out, not because it lacked merit, but because they missed a deadline.
The workers were lured to the UK with promises of decent wages and housing by Haygrove Ltd, but say they arrived to find no work and no pay at all for the first week, and less hours and less pay than promised afterwards, rising debt for rent, and alleged racially discriminatory treatment by supervisors. When they left to escape the alleged abuse, their visas were cancelled and they were left homeless, stranded in the UK without return flights or money.
With support from United Voices of the World (UVW) union, they are now appealing a tribunal decision that refused to hear their case, despite evidence of serious mistreatment and exploitation that they say constitute modern slavery. The three-month time limit for filing tribunal claims — which can be extended where “just and equitable” — was rigidly enforced, even though the workers were homeless, undocumented, and traumatised for months after they left Haygrove. The workers argue that it is unjust and irrational to expect traumatised, undocumented workers in crisis to meet rigid legal deadlines designed without their realities in mind.
Their case shines a spotlight on the legal barriers faced by low-paid migrant workers in the UK, particularly those on the Seasonal Worker Visa scheme, who are vulnerable to abuse but often unable to access justice in time due to the very conditions they’ve been subjected to.
Separately, Julia Quecaño Casimiro, a 23-year-old seasonal worker from Bolivia, has launched her own Employment Tribunal claim against Haygrove Ltd for alleged harassment and racial discrimination. Julia was the first worker to file and did so within the strict three-month time limit, which is why her case is being allowed to proceed. Julia arrived in the UK in July 2023 under the Seasonal Worker Visa scheme, and after facing broken promises, appalling conditions and mistreatment, she and nearly 90 others took wildcat strike action and left the farm.
The claimants are part of 88 Latin American workers who took a stand in 2023 by organising the UK’s first-ever strike by seasonal workers on visas, protesting wage theft, discrimination, harassment and poor working conditions at Haygrove Farms in Herefordshire.
Seasonal workers on the UK’s Seasonal Worker Visa scheme, expanded to Latin America for the first time in 2023 are tied to their employer or recruiter and can’t resign and find alternative work legally even if their rights are violated. This is a breach of migrant worker’s most basic freedoms and labour rights akin to mediaeval servitude.
Aida Luna Silvestre, seasonal workers and claimant said:
“When we were presented with this opportunity to come here, we didn’t know the laws of this country. We were completely uninformed about our rights, We didn’t speak the language, and that’s been very much against us from the start, they told us to sign a paper without us knowing what we were signing. And they made us do it quickly and once we got here, we went through the same thing—when we came to wait for the ticket, we even had to spend the night on the street because we didn’t speak the language, and we didn’t have the resources. Sometimes you want to stand up for your rights or against injustice—you want to face it—but you can’t, because you can’t express yourself. And for none of us, speaking English was ever a requirement, so they don’t see it humanely; they only see in terms of the law.”
Petros Elia, UVW General Secretary said:
“This case raises a critical question for the UK justice system: will it stand with those who have been abused and abandoned, or will it continue to protect powerful employers through technicalities? These workers were recruited under a government-backed scheme, promised a livelihood, and ended up homeless and destitute. They deserve justice and we hope the Employment Appeal Tribunal will see things differently.”
For further information contact the UVW comms team.
Cristina: 07548 759340
Isabel: 07706 987443
E-mail: comms@uvwunion.org.uk
Previous stories about the case:
· UVW stands in solidarity with courageous fruit pickers fighting for justice
· No English, no union, no fear: Julia’s story
About Haygrove Limited
About UVW
United Voices of the World is an anti-racist, member-led, direct action, campaigning trade union and we exist to support and empower the most vulnerable groups of precarious, low-paid and predominantly BAME and migrant workers in the UK. We fight the bosses through direct action on the streets and through the courts and demand that all members receive at least the London Living Wage, full pay, sick pay, dignity, equality and respect.
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