On 26th March 2015, The Modern Slavery Act 2015 received Royal Assent, becoming the first bill of its kind in Europe, and one of the first in the world, to specifically address slavery and trafficking in the 21st Century.
But despite the introduction of this bill, Modern Slavery still exists today. The BBC reported a case in September 2024 that highlighted that signs of victims being forced to work at a McDonald’s branch and a factory supplying bread products to major supermarkets were missed for years.
In the last few years, there has been a rise in modern slavery from 10 million in 2021 to an excruciating 50 million people around the world.
- 1 in 4 are children
- 54% are women and girls
- 27.6 million are in forced labour
- 22 million are in forced marriage
In the UK, in 2022 16,938 potential victims were referred to be identified as survivors of slavery to the National Referral Mechanism. The Home Office estimated that 13,000 people are suffering from trafficking, however, the Walk Free Foundation estimates 136,000 people are suffering on any given day in the UK.
What does Modern Slavery in the workplace look like?
Modern slavery is a broad term that refers to a wide range of exploitative practices. In the workplace, it can exist in the form of:
- Human trafficking
- Debt bondage/bonded labour
- Slavery practices
- Forced labour
- Child labour
Victims of these modern slavery practices all have one thing in common: they are all working illegally. Many victims are forced to work against their will.
People who are in debt, homeless, refugees, migrants and people who don’t have access to their passport are most at risk and are extremely vulnerable to being pushed into terrible circumstances and exploitive job conditions. They are forced into risky decisions in search of hope and opportunity to provide for their loved ones and themselves.
What can employers do to prevent modern slavery in the workplace?
Addressing modern slavery in the workplace requires a commitment to preventing, spotting and reporting any labour exploitation.
Some things that a company can do include:
Increasing awareness of Modern Slavery
By making everyone within the organisation aware of what modern slavery in the workplace looks like, not only does this help people look for tell-tale signs, it also lets someone who is a victim know that they are being exploited. Justice and Care have outlined some signs that a person is a victim, which include:
- They show signs of physical and psychological abuse.
- They work with insufficient protective equipment or suitable work clothing.
- They do not have free movement at work and are always accompanied by someone controlling their every move.
- They lack the training to do their work safely.
- They appear frightened, withdrawn or confused.
- They are transported to and from work, sometimes as part of a large group of workers.
- They don’t have access to their legal documents, such as their ID or passport. The immigration agency or employer holds the documents of migrant worker.
- Payment in to account not in the worker’s name.
If you have any concerns that someone is a victim of modern slavery, you can contact the Modern Slavery Helpline.
Have stringent recruitment practices
As an employer, you have a legal requirement to check a worker’s right to work in the UK and have the documents to prove both this and their identity.
If you are working with an agency, make sure that they are also fully compliant with all relevant legislation.
Carry out due diligence on your supply chain
If you have a supply chain, make sure that you carry out due diligence to ensure that anyone who is part of that chain are not using exploitative practices. Check they have a Modern Slavery Policy, and crucially, that they are adhering to it.
Compliance with the Modern Slavery Act
Section 54 of the Modern Slavery Act requires all commercial organisations with an annual turnover above £36 million to prepare a slavery and human trafficking statement each financial year, ensuring that businesses are transparent about the ways they are tackling modern slavery.
Within this statement, organisations must set out all the required steps being taken to ensure human trafficking has not occurred within its supply chain or the business in general. Organisations who turn over less than £36 million annually can decide whether or not they wish to make a voluntary statement.
The Act ensures victims receive protection by:
- Creating a statutory defence for victims of modern slavery so that they are not inappropriately criminalised;
- Giving the courts new powers to order perpetrators of slavery and trafficking to pay Reparation Orders to their victims;
- Providing child advocates to support child victims of trafficking;
- Extending special measures so that all victims of modern slavery are sufficiently supported through the criminal justice process;
- Providing statutory guidance on victim identification and victim services, including an enabling power to put the relevant processes on a statutory basis; and
- Introducing protections for victims of abuse on an overseas domestic worker visa.
How can we help?
If you have concerns over Modern Slavery and want to ensure that you are compliant with all current legislation, or you need assistance in drafting a transparency statement, our Employment Law team are on hand to assist. Contact us today for further information.
