Modern slavery is the fastest growing organised crime in the world. The UK is far from immune being a leading country of destination.
Modern slavery is the fastest growing organised crime in the world. The UK is far from immune, being a leading country of destination.
The number of recorded victims of modern slavery in the UK last year jumped by 40 percent compared to the previous 12 months. The Home Office considers that there are in excess of 10,000 potential victims of modern slavery in this country. In the last three years, the number of reports of modern slavery made to the Metropolitan Police increased by 242 percent. One in eight NHS professionals have been in contact with a patient they knew or suspected to be a victim of modern slavery.
Modern slavery is the term used to encapsulate the crimes of slavery, servitude, forced or compulsory labour and human trafficking. The Modern Slavery Act 2015 (the 'Act') is the first of its kind in Europe, and one of the first in the world, to specifically tackle modern slavery.
The Act requires in scope organisations to publish a slavery and human trafficking statement, approved by the board and signed by a director, within six months’ of each financial year end and to publish it on it’s website with a link in a prominent place on the homepage.
The statement should include various pieces of information and set out the steps the organisation has taken in the past year to ensure that modern slavery is not taking place in the organisation itself or in its supply chains regardless of where they are located.
Any organisation, in the public or private sector, in any part of a group structure will be required to comply if they:
Turnover includes that of any subsidiary regardless of where they are based.
It remains to be seen whether compliance will improve as the second tranche of statements are due to be published by 30 June 2017. The Independent Anti-Slavery Commissioner is on the record as being less than impressed with the low number of statements published to date and with the quality of most of them. A tick box approach is not good enough.
Looking at your organisation and its supply chains objectively and showing you took a proportionate due diligence approach to combating modern slavery is key.
Unless compliance improves significantly the government is almost certain to start publically naming and shaming non-compliant organisations in order to encourage the rest. The practice is perceived as being effective (and is inexpensive) in relation to employers who paid below the National Minimum Wage.
Protecting your organisation by complying with laws introduced to combat such heinous crimes and breaches of human rights is highly recommended.
Partner
raymond.silverstein@brownejacobson.com
+44 (0)207 337 1021
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
The outcome of the Employment Tribunal claim brought by Gulnaz Raja against Starling Bank Limited (1) (Starling), and Matthew Newman (2) was reported last month.
In the Autumn Statement delivered on 17 November, rises to the National Living Wage and National Minimum Wage rates were announced, to take effect from 1 April 2023.
The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
Where an employee appeals against their dismissal under a contractual appeal procedure and their appeal is successful, reinstatement to their previous role is automatic and does not require approval or agreement from the employee.
Settlement agreements in an employment context are ordinarily used to provide both parties with certainty following the conclusion of an employment relationship – but what happens when there is alleged discrimination after entering into a settlement agreement?
A few weeks ago we brought you news that following the Government’s mini-budget it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 would be scrapped from April 2023.
In Mogane v Bradford Teaching Hospitals NHS Foundation Trust the Employment Appeal Tribunal (EAT) considered whether it was fair to dismiss a nurse as redundant on the basis that that her fixed-term contract was due to expire before that of her colleague.
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
In July 2022, the Supreme Court handed down its long-awaited Judgement in the case of Harpur Trust v Brazel relating to the correct calculation of statutory holiday pay for part year workers. This decision has implications for all part year workers on contracts which subsist all year round, whether their hours are normal or irregular.
The Government has announced a change to the categorisation of “small” businesses to reduce the amount of regulatory compliance (or “red tape”) required. Currently, SMEs (those with fewer than 250 employees) are exempt from certain regulations – such as the obligation to comply with gender pay reporting. With effect from 3 October, these exemptions will be widened to apply to businesses with fewer than 500 employees.
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.
On 20 July 2022, the Supreme Court issued its long-awaited judgment in the case of Harpur Trust v Brazel, upholding the decision of the Court of Appeal. For those of you familiar with this case, you will know that it concerns the statutory leave requirements for part-time and part-year workers. For schools and academies whose workforce consists of a variety of types of part-time and part-year workers, this case is one that must be understood before any changes are applied. Come and join Emma Hughes, Head of HR Services as she puts questions to Ian Deakin, Employment Partner, and Sarah Linden, Senior Associate.
The Employment Appeal Tribunal’s recent decision in the case of Mr Michael Cowie & Others v Scottish Fire and Rescue Service provides a useful insight into favourable - or unfavourable - treatment in the context of discrimination claims.
This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.
In Wierowska v HC-One Oval Limited, the Employment Tribunal had to determine whether the Claimant’s beliefs in relation to Covid-19 vaccines amounted to religious beliefs for the purposes of the Equality Act 2010.
Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.
As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.
