Modern Slavery During the Coronavirus Pandemic - What You Need to Know

Section 54 of the Modern Slavery Act 2015 (the Act) requires that commercial organisations with an annual turnover of £36million or more must publish a modern slavery and human trafficking statement each year. This statement includes details of steps taken to ensure that their business and supply chains are slavery free (or confirmation they have taken no such steps if that is the case).

The intention of the Act is to encourage a 'race to the top' in terms of tackling human trafficking and modern slavery in supply chains. Organisations are encouraged to go further than the Act requires and organisations which are not obliged to produce a statement (due to their size, for example) are encouraged to voluntarily comply.

In view of the coronavirus pandemic, the Government has confirmed that organisations are permitted to delay publication of their statement by six months without incurring any penalty. However, the guidance makes it clear that they are still required and expected to identify and address risks in their supply chain during the coronavirus pandemic. When published, the statement should include details of how they have monitored and addressed risks during this period and adapted their priorities and activities in response.

The guidance recognises that additional risks of labour exploitation may arise as a result of the pandemic and highlights five issues for particular consideration as follows:

• Health and safety of workers. Ensure local and national policies to help to prevent the spread of coronavirus are implemented throughout the supply chain.
• Supporting suppliers. Avoid late cancellations of orders which might result in workers not being paid for work undertaken.
• Grievance procedures. Adapt as required in order to ensure access to appropriate procedures so that workers can raise concerns.
• Recruitment. Maintain rigorous checks on new recruits to avoid exploitation (for example, due to increased demand for certain products).
• Emerging risks. Undertake new and regular risk assessments and reconsider prioritising of previously identified risks as appropriate.

What Do You Need to Consider Now?

It seems that the coronavirus pandemic will increase the likelihood of labour exploitation in various ways and it is easy to see there is a risk of businesses overlooking the requirements of the Act when prioritising operational matters and survival.

However, it is important to recognise businesses caught by the Act will be obliged to publish a statement in due course and will be expected to outline how they have tackled issues and minimised risks relating to labour exploitation during the coronavirus pandemic. Organisations which, to date, have voluntarily complied with the Act should also consider that failure to publish a statement due to the coronavirus pandemic, when they have done previously, may have negative connotations.

Where organisations choose to delay the publication of their statement, the statement should include an explanation of this.

For more information and details of how we can assist with ensuring compliance with the Modern Slavery Act 2015, please contact Charlotte Rose in our Employment Law team on 07741 311 065, or complete the form below.