Welsh farmers win case against HO following accusations of employing illegal workers

In May, Swansea County Court ruled that S&A Davies & Daughters Ltd was not found to have employed anyone in contravention of UK immigration laws.

Siôn and Audrey Davies, who run Coomb Farm in Carmarthenshire, said they are “delighted” with the result.

The Davies family were advised throughout by immigration specialists, Lynne Adams, legal director at HCR Law, with support from Paula Ursu, solicitor at HCR Law, and Satinder Gill, barrister at Five Paper.

Aled Owen, partner at HCR Law, who has represented the Davies family for more than 25 years and who was instrumental in supporting the family throughout, warned that farmers are facing unprecedented scrutiny over their use of foreign labour.

“This kind of work by the Home Office’s immigration team in targeting employers has become increasingly farm-focused.

“There have been around a dozen other cases in West Wales recently, three of which have resulted in prosecution. This is the first case which has come to court,” he explained.

‘Wholly disproportionate and incredibly intimidating’ situation

The Davies family’s ordeal began when immigration officers alleged that eight Romanian workers on their farm were employed there illegally.

Describing the investigation, Audrey Davies said it came as an “absolute shock” and has caused immense stress.

Mrs Davies added: “The way that the immigration team dealt with the situation felt wholly disproportionate and was incredibly intimidating.

“Twenty to thirty police officers and immigration officers descended on the farm, arresting eight out of the twelve people who had been doing work for us.”

Aside from concern over a huge potential fine, the farm was also left short of labour.

Mr Davies explained: “We have 800 cows to milk and 2,200 head of cattle on the farm in total – finding alternative contract labour at such short notice was impossible.”

Despite their court victory – which was heavily supported by the National Farmers Union (NFU) – legal experts at HCR law are warning other farmers to review their employment practices urgently as enforcement activity continues.

Lynne Adams, immigration specialist and legal director at HCR Law, said: “We’re very pleased that the Davies family has been cleared of any wrongdoing, but this is a stark reminder to farmers of their obligations when using foreign labour.”

She advises farmers operating in the dairy, arable or horticultural sectors who are using foreign labour, to review their practices and check that they are compliant.

Mrs Adams concluded: “It’s a complex legal area, and it’s therefore worthwhile seeking expert help to ensure you don’t inadvertently fall foul of the law.”

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