Tobacco field worker, Credit: Shutterstock.com

Cigarettes multinational British American Tobacco (BAT) has turned to longtime adviser Slaughter and May as it faces possible High Court action after field workers in Malawi accused the giant of forced and child labour, according to people close to the matter. 

The London-headquartered company stands accused of having made significant profits from tobacco leaves picked by farmers who have said they were forced to work for derisory pay in a climate of fear, such that they felt compelled to put their children to work too. 

The group of farmers is thought to comprise about 1,500, but could be as many as 15,000 once all claims are logged, according to the law firm representing the group, Leigh Day. Lawyers at Leigh Day said child farmers are expected to perform the same tasks as adult farmers, such as planting and harvesting tobacco leaves, applying toxic pesticides and bundling tobacco leaves, with all workers routinely working 10 to 12 hour days in high heat.

Leigh Day last week issued a pre-action letter to BAT which, according to a person close to the matter, has until the end of the year to respond. The person added that BAT has now engaged Magic Circle firm Slaughters, whose lawyers will guide the company through U.K. High Court proceedings should the matter reach that stage, which according to the person is "likely".

The matter first came to light last year following an expansive investigation by The Guardian, with Leigh Day taking action last week. 

According to The Guardian, farmers and their families live on tobacco farms as tenants for about 10 months of the year picking leaves. The landowners contract with leaf buyers, who then sell the leaves onto multinational cigarette manufacturers, such as BAT. 

Leigh Day solicitor Oliver Holland, who is representing the tenant farmers, said in a statement: "While BAT amasses huge profits, the farmers that do the gruelling and hazardous work of picking the tobacco leaves are paid little to nothing. They are trapped into working for the season with no means of removing themselves and their families from their situation, having been enticed to the farms with promises of decent wages and pleasant living conditions. 

"This could not be further from the reality," he added. "On top of all this the farmers are forced to make the heartbreaking decision to put their children to work, just to ensure they can make enough money so that they are not left in debt. It is time that multinational corporations that make money from exploited workers are held to account."

Following The Guardian's story, the U.S. has decided to suspend all imports of tobacco from Malawi.

For Slaughters, this is its latest case of note for BAT, which two years ago retained the firm on its long-running investigation by the Serious Fraud Office over allegations of bribery and corruption.

These are the latest in a string of tests for the multinational, which in May was sued by Brazil's Office of the Attorney General, which claimed BAT should reimburse the country for healthcare costs associated with smoking-related diseases.

BAT group head of corporate affairs, Simon Cleverly, said in a statement that the company has "a longstanding commitment to respecting fundamental human rights", which includes "always seeking to conduct our operations in a way that respects the human rights of our employees, the people we work with and the communities in which we operate". 

He added that BAT "takes the issue of child labour extremely seriously and strongly agrees that children must never be exploited, exposed to danger or denied an education".

Cleverly stressed that BAT's standards of business conduct state that the company does "not condone forced, bonded or involuntary labour; and that we do not condone or employ child labour, and seek to ensure that the welfare, health and safety of children are paramount at all times".

Further, as part of its supplier code of conduct, the company claims to "make it clear to all of our contracted farmers and suppliers that exploitative child labour, and forced and bonded labour, will not be tolerated". He also said that all of BAT's leaf operations and contracted suppliers "are required to participate in the 'sustainable tobacco programme'".

"As we have received a letter of claim relating to these allegations, it would be inappropriate for us to provide further comment at this time," he added.