The Gangmasters Licensing Authority (GLA) is preparing to crack down on food firms which are flying in the face of new laws by continuing to use unlicensed labour.

Since December 1 2006, using unlicensed labour for food processing and agriculture has been classed as a criminal offence, but recent investigations have revealed that despite 953 licence approvals affecting 556,706 workers, a significant number of processors are persistently using labour provided by illegal gangmasters.

A total of 39 cases, involving 31 firms and eight individuals, are currently under investigation, with the “vast majority” consisting of food processors, according to a GLA spokesperson. One English food processor is being considered for prosecution by the Department for Food and Rural Affairs (Defra), whilst evidence gathered by the GLA against another firm, alleging executives used an unlicensed gangmaster in Scotland, is under review by government processors.

A further case in England is being reviewed by the GLA to determine whether a caution against the executives involved is the appropriate action, the spokesperson said. A decision on whether prosecutions will proceed is expected in two months.

Executives at companies using illegal labour or unlicensed gangmasters could face up to six months’ imprisonment, a £5,000 fine, or both.

A further 18 cases, in addition to the current 39, primarily regarding the illegal use of unlicensed sub-contractors, are also under the GLA’s consideration.

The Food and Drink Federation (FDF), which represents UK processors, has denied the claims its members are using unlicensed labour.