Detailed guide: Gangmaster licensing appeals: challenge a licence decision

What you can appeal against

You need a licence if you are involved in supplying workers for agriculture, horticulture, shellfish gathering or food processing and packaging.

It is illegal to provide this labour (eg as an employment agency) without one.

You can appeal to a tribunal if:

• you are refused a licence
• your licence is revoked
• extra conditions are added to your licence
• your request to transfer the licence is turned down

When you appeal, the licensing decision will normally be put on hold until the tribunal has considered your case.

The tribunal is independent of the government. A judge will listen to both sides of the argument before reaching a decision.

Time limits for appealing

You must normally appeal within 20 working days of receiving the decision from the GLAA.

If your licence is revoked with immediate effect, you have to appeal within 10 working days.

If you miss the time limit, you can apply for more time to appeal. The tribunal will decide if it can still take your case.

How to appeal

Use the notice of appeal form and guidance leaflet.

Clearly state why you want to appeal against the decision.

Include any supporting documents, like the GLAA’s decision. Mark each one as a ‘copy’.

Send the form to gangmastersappeals@justice.gov.uk or:

England, Wales and Scotland

Telephone: 0161 833 6123 or 0161 833 6118
Fax: 0870 739 4433

Northern Ireland

Phone: 028 9032 7666
Fax: 028 9025 0100

Help and advice

You can get advice on your appeal from a:

• solicitor
• trade association
• Citizens Advice bureau
• law centre

Tribunal staff can give you general guidance on how the process works, but cannot give you legal advice.

What happens next

In most cases:

• the GLAA will reply to your appeal within 20 working days
• the tribunal will send you a copy of this reply
• you will be asked how you want your appeal to be decided

You can ask for your appeal to be decided:

• at a hearing in your local area – where you can put your case in person
• without a hearing – using only the documents in the case

The tribunal may ask for more information or documents before the hearing or before it makes its decision.

The tribunal hearing

If you do have a hearing it will take place in a court or tribunal building.

The hearing will be attended by:

• an employment judge (known as an ‘appointed person’) – who will decide on your case
• a representative from the GLAA
• you and your representative – if you have one

The hearing may also be attended by members of the public or the press.

You can represent yourself, or ask someone to speak for you – such as a lawyer, consultant, colleague, friend or relative.

You or your representative will have the chance to:

• present your case to the judge
• call witnesses
• ask questions
• present documents

The judge and the representative from the GLAA may also ask you questions.

The judge may tell you their decision at the end of the hearing or send you decision in writing afterwards.

The tribunal’s decision

The tribunal will normally send you a written copy of its decision within 4 weeks.

The decision may tell you when it will come into effect. If it doesn’t give a specific date, then this will be 5 working days after the decision was sent to you.

This tribunal’s decision is usually final – you can’t appeal to another tribunal.

If you still want to challenge the decision, speak to a solicitor as soon as possible about how to apply for judicial review.

Previous decisions

Search the list of appeal results to see how judges made decisions in previous cases.

Legislation and rules

You can find the licensing rules and the right to appeal to the tribunal in the Gangmasters (Licensing) Act 2004.

More detailed rules on how your case will be handled are contained in The Gangmasters (Appeals) Regulations 2006.