Fishing Trawler Owner Fined for Breaching Human Trafficking Order
Thomas Nicholson, 63, a fishing trawler boss associated with multiple modern slavery allegations, has been fined £2,700 after violating a human trafficking court order. He is believed to be the first individual in Scotland to both receive and breach a Trafficking and Exploitation Risk Order (TERO).
Nicholson, who remains under investigation for trafficking, was issued the order by Dumfries Sheriff Court to prevent him from relocating vessels without submitting crew details.
In 2024, his company TN Trawlers, based in Annan, Dumfries and Galloway, was investigated by BBC Scotland and Radio 4 following claims of mistreatment of foreign workers.
BBC Scotland's Disclosure programme, "Slavery At Sea," identified 35 men who worked on the fleet of scallop trawlers and were subsequently recognized by the UK Home Office as victims of modern slavery.
Nicholson pleaded guilty last month to breaching the order.
Dumfries sheriff Euan Cameron described the offence as being at the "lower end" of harm and imposed a fine of £2,700 along with a £175 victim surcharge.
This penalty was issued just three days after his son, Tom Nicholson Jr, pleaded guilty to failing to provide adequate food and rest to five Ghanaian fishermen in 2017.
Background on the Trafficking and Exploitation Risk Order
Nicholson was served with the two-year TERO in October 2022 amid a police investigation into allegations of human trafficking and modern slavery.
The order required Nicholson to provide officials from the Maritime and Coastguard Agency (MCA) with documents and employee details of any non-European crew members before certain vessels in his fleet could sail.
Additionally, the order prohibited him from having any direct or indirect involvement with several other boats operated by his company.
TEROs were introduced under the Human Trafficking and Exploitation (Scotland) Act 2015. Police may apply for such an order when there is a belief that trafficking or exploitation risks exist. Unlike a Trafficking and Exploitation Prevention Order (TEPO), a TERO can be served without a prior trafficking conviction.
Details of the Breach
Fiscal depute David Orr stated that Nicholson, from Newbie near Annan, was the focus of Operation Epazote, a Home Office inquiry into human trafficking at TN Trawlers.
The court heard that Nicholson breached an interim version of the TERO by failing to notify authorities that he had moved one of his vessels, the Olivia Jean, from a port in the Netherlands to Buckie, Moray, in October 2022.
Before the vessel sailed, he also did not provide details of any non-European Economic Area (EEA) crew aboard.
Defence solicitor Paul Anderson described the offence as a "genuine mistake" and stated that no foreign crew members were on board at the time.
"This was a return from port where the boat was being serviced in Holland. It was not a fishing trip."
Anderson added that Nicholson is now retired, no longer owns any boats, and does not employ fishing staff.
Reporting Restrictions and Related Court Proceedings
Nicholson declined to comment as he left Dumfries Sheriff Court.
The BBC was unable to report on his guilty plea last month due to reporting restrictions connected to the criminal case involving his son, Tom Jr.
At Hamilton Sheriff Court last week, Tom Nicholson Jr, 38, pleaded guilty to failing to provide adequate food, rest, or training to five Ghanaian workers while skipper of the Sea Lady vessel in 2017.
Fishermen testified that they were worked continuously and treated "like slaves" aboard the scallop dredger, struggling to find sufficient food.
The court heard that the men resorted to a "secret rota" to sleep in shifts and ate animals caught by the vessel to survive.
Augustus Mensah, interviewed for the BBC's "Slavery At Sea" documentary in 2024, told the court that his ordeal ended after a head injury required him to be taken ashore for treatment.
He and his fellow workers were taken away by police shortly afterward.
Another victim, Joshua Amissah, testified that he confronted Tom Jr about the lack of rest.
"He said that his father told him that any black person he worked with, he must treat that person as a slave."
Tom Jr is scheduled to return to court for sentencing in July.
Longstanding Investigations and Compensation Awards
TN Trawlers has been at the center of a decade-long investigation into human trafficking allegations.
The BBC's Disclosure and File on 4 investigations included testimonies from former workers from the Philippines, Ghana, and India who alleged mistreatment by the company.
In October 2024, another group of Ghanaian fishermen were awarded £20,000 each in compensation by the UK government. These crew members were rescued in 2020 from the scallop trawler Olivia Jean, also owned by TN Trawlers.
TN Trawlers has denied all allegations of modern slavery or human trafficking, asserting that its workers are well-treated and well-paid.
