The UK Modern Slavery Act encompasses offences such as slavery, servitude, forced labour, and human trafficking. It provides a framework for prosecuting perpetrators, including heavier sentences, as well as tools supporting victims—including child advocates and victim defences.
It makes it a legal requirement for corporations to disclose how they’re making efforts to tackle slavery in their supply chains. It also introduced the Independent Anti-Slavery Commissioner (IASC) to strengthen national response.
What is the Modern Slavery Act?
Consolidating slavery and human trafficking offences, the Modern Slavery Act 2015 is considered a significant piece of legislation. Let’s explore the key aspects of the Act:
- Stricter punishments: Introduced heavier sentences; those found guilty could face life imprisonment.
- Victim support: Implemented statutory defence for victims, additional court measures, and the National Referral Mechanism (NFM) for victim identification.
- Separate oversight: To improve coordination and galvanise response to offences, it introduced the IASC.
- Corporate transparency: Mandates that large businesses publish statements proving they’re taking steps to prevent modern slavery in their supply chains.
- Child advocates: It provides independent advocates to support children who are victims of trafficking.
The Modern Slavery Act streamlined four main criminal offences
Prior to the Modern Slavery Act 2015, the framework was disjointed, and punishments were deemed lenient. Here are four offences that were consolidated:
1. Slavery, servitude, and forced or compulsory labour
Section 1 of the Act refreshes old laws to work in tandem with Article 4 of the European Convention on Human Rights (ECHR) and sets out definitions:
- Slavery: Treating someone as property.
- Servitude: Providing services under coercion.
- Forced or compulsory labour: Involuntary work performed because of threat of penalty—victims’ consent isn’t a defence if these conditions are found.
2. Human trafficking
Under Section 2 of the Modern Slavery Act, several offences are combined and outlines human trafficking as arranging or helping the travel of another person for exploitation.
Travel into, out of, or within the UK is included, and irrespective of where the trafficking offences take place, UK nationals will be punished for trafficking offences.
3. Meaning of exploitation
Defining “exploitation” is complex, but Section 3 of the Act specifies that exploitation, in relation to trafficking charges, includes the following:
- Sexual exploitation
- Organ removal
- Securing services from children
- Vulnerable individuals
- Securing services through force, threats, or deception
4. Committing an offence with intent to traffic
Known as a “preparatory” offence, Section 4 allows for those committing crimes that carry the intention of facilitating human trafficking—such as kidnapping or false imprisonment—to be prosecuted.
Heavier punishments
Exploitation is a serious offence. To reflect that, the Modern Slavery Act ensures severe consequences. The Sentencing Council guidelines means that across England and Wales sentences are consistent.
Life imprisonment
Serious offences like slavery, servitude and forced labour will carry the maximum penalty of life imprisonment—this is an increase from 14 years.
As per the Sentencing Code, a life sentence will be given if the criteria for “dangerousness” is satisfied, or if it’s a second listed serious offence.
Typically, Section 4 offences (preparatory offences) result in a maximum 10-year sentence. But if the related offence is kidnapping or false imprisonment, it’s increased to a life sentence.
Sentencing tiers
Lending to sentencing guidelines, offenders are categorised according to culpability and harm:
- Category A (high culpability): Offenders who expect significant financial gain, demonstrate planning or threaten extreme violence will be considered to have had a “leading role”, resulting in sentences of up to 18 years.
- Category 1 (extreme harm): The highest sentencing brackets will be applied to offenders who subject victims to an elevated risk of death or cause them to suffer long-term or life-altering psychological or physical harm.
Slavery and trafficking reparation orders
Criminal offences that resulted in “ill-gotten gains” will be used to directly remedy the victims. In appropriate cases, where they have the power to do so, the courts must consider making a reparation order.
Should an offender have restricted funds, the Sentencing Council stipulates that the Reparation Order supersedes any court-imposed fine or surcharge.
Civil restrictive orders
Preventative measures can be implemented by the courts through civil orders that have criminal penalties if breached. For example:
- Prevention and Risk Orders (STPOs/STROs): These obstruct individuals from travelling abroad or working with children.
- Breach penalties: If these orders are breached, it’s a criminal offence that could lead to up to 5 years’ imprisonment.
Improved victim support
Victim support is built around the National Referral Mechanism, which provides guidelines to give care to survivors of modern slavery.
The National Referral Mechanism process
There are several steps to the National Referral Mechanism process. Here’s an overview:
- Referral: Possible victims are referred by the police, local authorities, or specific charities.
- Reasonable grounds (RG) decision: Within 5 days, a preliminary decision will be made. A positive decision means a compulsory “recovery and reflection” period, which lasts around 30 days.
- Conclusive grounds (CG) decision: This is the final step to determine victim status. Demonstrating their willingness to eradicating the backlog of these decisions by the end of 2026, the government has added 200 extra staff.
- Move-on support: Continued support of at least 45 days will be given to confirmed victims following a positive CG decision.
Statutory entitlements
Currently managed by the Salvation Army, under the Modern Slavery Victim Care Contract (MSVCC), victims receive:
- Safe accommodation: Safe houses or outreach support for those with their own housing.
- Financial support: Weekly payments to assist with living needs.
- Specialist care: NHS health care, expert counselling, and legal aid.
- Translation services: Victims will understand their rights and the NRM process in their native language.
Protections for child victims
As they’re not considered capable of consenting to exploitation, children do not have to give permission for an NRM referral. Support comes from:
- Independent child trafficking guardians (ICTGs): A third-party body providing advice and advocacy for children who have been trafficked.
- Safeguarding priority: As per the Children Act 1989, local authority children’s services manage support for children.
The Independent Anti-Slavery Commissioner (IASC)
Established by the Modern Slavery Act 2015, the IASC provides third-party oversight to how the UK responds to modern slavery.
Though appointed by the Home Secretary, the Commissioner is independent of the government, and encourages best practice for preventing, identifying, and punishing offences.
Public authorities are duty bound by Section 43 of the Act to work with the Commissioner and provide any relevant information pertaining to cases. By law, the Commissioner can only oversee systemic issues, they cannot intervene with cases.
Corporate responsibility
Referred to as the “transparency in supply chains” provision, Section 54 of the Modern Slavery Act 2015 states that large businesses must disclose what they’re doing to prevent exploitation in their supply chains.
Consumers are particularly conscious of these sensitive matters, and simply ticking a box will not be sufficient. Businesses must create a culture that reflects consistent and measurable improvements.
Compliance requirements
Organisations must comply with the Section 54 if they have a business in the United Kingdom that has a global annual turnover of £36 million or more.
Each financial year, businesses meeting that threshold must publish a Slavery and Human Trafficking Statement that’s been approved by the board of directors and signed off by a director.
Such statements must be clearly visible on their homepage. The government advocate that companies upload their statements to the Modern Slavery Statement Registry.
Updated reporting
There is a tiered approach to reporting that categorises disclosures into two levels. Firstly, there’s level 1, which is good practice. This is aimed at businesses drafting their first statements. It concentrates on fundamental descriptions of structure and policies.
Secondly there’s level 2 (best practice). This is expected from businesses considered established reporters. The requirement is a comprehensive overview of indirect suppliers, raw material sources, and evidence of how their polices are enforced.
The six suggested reporting areas
Although not a legal requirement, the government’s guidelines identify six key areas for disclosure.
1. Structure and supply chains: A detailed map of operations and the labour supply chain.
2. Policies: Descriptions of codes of conduct and examples of ethical recruitment.
3. Risk assessment: Highlighting high-risk sectors like agriculture and construction.
4. Due diligence: Evidence of a proactive approach to find and mitigate risks.
5. Training: Tailored training to raise modern slavery awareness provided to staff and suppliers.
6. KPIs: Measurable targets to understand the efficacy of efforts and track progress.
FAQs: What the Modern Slavery Act
When did the modern slavery act receive royal assent?
The Modern Slavery Act 2015 received Royal Assent on 26 March 2015.
Which employers must comply with the Modern Slavery Act’s reporting requirement?
As per Section 54, commercial organisations—companies and partnerships, wherever formed—that meet certain criteria must publish a modern slavery statement. That includes organisations that supply goods or services, carry on a business, or part of one, in the UK, and have an annual total global turnover of £36 million or more.
Does the modern slavery act apply to my business?
The legally required reporting requirements is not applicable to SMEs with a turnover, below £36 million. Smaller businesses may have to satisfy contractual requirements from larger clients who are illustrating their own efforts to prevent modern slavery.
Does “carrying on a business in the UK” mean the entire company as to be based in the UK?
No. This element applies to any part of a business in the UK—irrespective of its registered overseas. It’s important to note that the £36 million turnover refers to global turnover.
What is a “slavery and human trafficking statement” and what should it contain?
It's an annual statement outlining the steps your business taken to ensure modern slavery isn’t taking place in any part of its organisation or supply chains. Statutory guidance advises covering six areas in the statement. Firstly, the organisation’s structure and supply chains, its policies on modern slavery and human trafficking, due diligence processes; risk assessment and management of high-risk areas, KPIs to measure efficacy, and training available to staff.
Is there a mandatory template for the statement?
There’s not a single compulsory template; however, the government provides comprehensive statutory guidance on what to include for compliancy and best practice.
Where must the statement be published?
The statement must be published on your company’s website, with a visible link from the homepage. It’s also advisable to submit the statement to the voluntary UK Government Modern Slavery Statement Registry.
When does the statement need to be published?
It should be published as soon as reasonably possible after the end of your financial year, ideally within six months.
What if our business hasn’t taken steps to prevent modern slavery?
You can legally publish a statement declaring your company hasn’t taken any steps. Due to the possible reputational ramifications, this isn’t advisable.
Final say: What does the Modern Slavery Act cover?
Covering (and consolidating) criminal offences of slavery, servitude, and forced labour, the Modern Slavery Act shored up a once fragmented legal framework.
Since being passed, it’s introduced tougher punishments, including life imprisonment, improved support for victims, and an Independent Anti-Slavery Commissioner (IASC) for an impartial overview of systemic issues.
Another key element is Section 54 of the Modern Slavery Act, which mandates UK businesses with a global turnover of £36 million must document their efforts to prevent exploitation in their supply chains.
Peninsula provides expert advice covering the Modern Slavery Act
If you’re a business owner, it’s your legal and moral obligation to ensure your business prevents all acts of modern slavery.
Failure to comply will result in a damaged reputation, financial penalties, and in some cases, life imprisonment.
With over 40 years of HR experience, we can support you in your endeavours to avoid this.
You’ll also get 24/7 HR advice, support with your documentation, and access to exceptional HR software.
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