The Modern Slavery Act 2015 (“MSA”) was introduced to tackle, prevent and disrupt modern slavery. Modern slavery is characterised by the exploitation of others for personal gain and encompasses human trafficking, slavery, and forced or compulsory labour. The MSA’s measures aim to enhance the protection of victims and the prosecution of offenders. However, developments internationally as well as in the UK itself have meant that the MSA has fallen behind its international equivalents.
On the 16 October 2024, the House of Lords Modern Slavery Act 2015 Committee (the “Committee”) published a report following its inquiry into the impact and effectiveness of the MSA. The report considered the effectiveness of the Act and made several recommendations for improvement.
The Committee’s key recommendations include:
Impact of immigration legislation
The government’s policies and legislation on immigration should recognise the difference between migrants that have been trafficked and migrants who have come to the UK willingly. The government should monitor the adverse impact that the current immigration legislation can have on the identification and protection of victims of modern slavery.
Independent Single Enforcement Body
The government should establish a Single Enforcement Body which would act as a single point of contact for labour exploitation across all sectors. The body would ensure stronger compliance with labour rights and standards. The government should ensure that the body has adequate capacity and powers to carry out inspections, promote compliance and sanction non-compliance.
Mandatory supply chain due diligence
The government should introduce legislation which requires companies over a certain threshold to undertake mandatory modern slavery due diligence in their supply chains.
Mandatory modern slavery statements
The government should make publication on its modern slavery registry mandatory and introduce proportionate sanctions for non-compliance.
The government is due to respond by 16 December 2024, if the recommendations are to become law government will begin the relevant consultation process.
The Committee’s report and recommendations are of particular interest following the BBC’s recent investigation. The BBC conducted an investigation which was released in September this year, which revealed that major supermarkets, including McDonald’s, had failed to detect signs of modern slavery. The companies had failed to notice the various signs, which included: wages being paid into a single bank account, excessive working hours of victims and multiple employees having the same registered address. The companies failed to take action against the exploitation which started in 2015 and eventually ended in 2019, only once the victims had contacted the police in the Czech Republic. The British police conducted an investigation which lead to six convictions on trafficking and slavery charges. The Government accepted that the law had failed to protect these victims and promised to set out next steps on the issues of modern slavery.
Both the BBC’s investigation and the Committee’s recommendation to strengthen accountability for modern slavery highlight the importance of detecting signs of modern slavery, particularly for retail industries. Employers will need to ensure they are diligent in their approach to modern slavery and are accountable for the treatment and wellbeing of their employees, including those in the supply chain. If you would like assistance on how to comply with modern slavery regulations or how to implement effective measures into the workplace, please get in touch with our employment team who would be more than happy to help.
