The Modern Slavery Act 2015

What is required of employers?

The Modern Slavery Act is a piece of legislation that has wider implications for employers than most realise:

Here is everything you need to know...

Unfortunately all too few businesses remain unaware of their obligations under the Modern Slavery Act 2015, which consolidates UK law on slavery and human trafficking. One important aspect of the Act is to place an obligation on businesses to have transparency within their supply chains.

Which businesses have to make a Slavery and Human Trafficking Statement?

Any businesses that supply goods or services and that have a turnover exceeding ￡36 million must prepare a slavery and human trafficking statement every financial year. The requirement applies to any incorporated company (regardless of where it was incorporated) or partnership (including limited liability partnerships) – irrespective of the place of formation – that carries on its business, or part of its business in the UK. The obligations therefore also apply to overseas businesses providing goods or services within the UK.

The threshold of ￡36 million was chosen as this is the threshold for large businesses in the Companies Act 2006, and it was anticipated that the statement would be included in the company’s annual accounts. Therefore, small and medium-sized businesses do not have to provide the statement. However they should consider how they would respond to any request from a customer which is subject to the Act.

What information must a Slavery and Human Trafficking Statement include?

The organisation must provide either:

A statement detailing what steps the business has taken during the financial year to ensure that slavery and human trafficking is not taking place within its supply chain or any part of its business; or

A statement that the organisation has not taken any such steps (likely to be rescinded as a result of the Independent Review of the Act).

The statement may include information about the organisation’s structure, its business and its supply chains; its policies, due diligence processes and staff training in relation to slavery and human trafficking; any risks identified and steps taken to manage such risks; and its effectiveness in ensuring that slavery and human trafficking is not taking place.

What should you be doing?

Your organisation should be considering the following processes to meet its obligations under the Act:

• Suitable staff training, including at Board level:
• The preparation of a slavery and human trafficking statement for approval by the Board and inclusion in the accounts and the organisation’s web site;
• Carrying out a risk analysis, including making appropriate enquiries of its existing suppliers; and
• Amending contractual terms to require suppliers to give effect to the organisation’s anti-slavery and human trafficking policies.

Organisations should also consider including a general “Compliance with laws and policies” section within their standard commercial terms/agreements, if they do not already have such a provision. 

What will happen if you fail to provide a statement? 

The Secretary of State may apply to the High Court for an injunction against any organisation that fails to comply with any of the requirements relating to the Slavery and Human Trafficking Statement.

Independent Review Recommendations

In July 2018, the Home Secretary commissioned an Independent Review of the Modern Slavery Act which reported as recently as May 2019 and has made 80 recommendations currently being consulted upon. These have implications for both commercial organisations and the public sector:

• Highlight the need for organisations to strengthen their human rights due diligence activities beyond their first and second tier suppliers as part of a risk-based approach.
• The Government should set up an enforcement body and improve the process for tackling non-compliance, including sanctions and possible fines.
• Explore other potential enforcement sanctions. This will include publicly naming businesses and other non-compliant organisations.
• Section 54 provisions to be extended to the Public Sector where the annual budget exceeds ￡36M, but the consultation will determine the size and type of the Public Sector organisations to be brought into scope.
• Strengthen public procurement processes to exclude non-compliant companies from bidding for public contracts.

Safety Solutions are able to offer our specialist Modern Slavery Awareness training course developed for first responders and people who may come into contact with trafficked victims, including teachers, youth workers, local authorities, police officers, council workers and all hospital staff or indeed anyone looking for more information on human trafficking and modern slavery.

This modern slavery training course will assist delegates identify the signs and fulfill a positive role in preventing this illegal and morally unacceptable practice.

Trainer:

With 33 years’ service serving within law enforcement, Jeff Norman has experience in matters relating to modern slavery within the UK and across the world. He has led investigations in cases of slavery and human trafficking, homicide and other serious crime.

A member of the Welsh Assembly Governments 'Anti-Slavery Operational Delivery Group', Jeff is recognised as a ‘subject matter expert’ (inclusion in the Human Trafficking and Modern Slavery Experts register - www.humantraffickingexperts.com). He has advised on criminal allegations of human trafficking and given evidence within UK courts.

For further information, please contact Safety Solutions Training Ltd.

Tel. 02920 657753 or email; us at [email protected]