Your anti-modern slavery obligations – a reminder that even the biggest companies are facing challenges…
It has recently been reported that a well-known UK law firm has sent British American Tobacco (BAT) a pre-action letter alleging forced and child labour on behalf of 350 child labourers working on tobacco crops in Malawi.
It has recently been reported that a well-known UK law firm has sent British American Tobacco (BAT) a pre-action letter alleging forced and child labour on behalf of 350 child labourers working on tobacco crops in Malawi. If no satisfactory response is received the case will be issued in the High Court in London. It is anticipated that the claimant group could rise to 15,000 – with many of these claimants also being child workers earning no more than £100 to £200 for 10 months work.
It has been reported that BAT informed farmers that children must not be used as unpaid labour, but lawyers argue that families cannot afford to work the fields without resorting to this, as the crop price is so low.
This negative publicity for BAT comes only a few months after it was praised for the quality of its modern slavery statement (published pursuant to section 54 of the Modern Slavery Act 2015 (MSA)), having been ranked equal third in the 2019 Global Governance FTSE 100 Index - a league table that gauges the quality of FTSE 100 companies’ modern slavery statements and reveals year-on-year improvements.
BAT’s 2018 modern slavery statement said that BAT had “traceability down to the tier 2 farm level” in respect of tobacco leaf agricultural suppliers and that they had delivered “training, awareness raising and capacity building on human rights, child and forced labour issues to over 134,000 farmers and rural community members.” They also referenced the Sustainable Tobacco Programme – an industry-wide initiative to bring together best practice and drive improvement – and stated that they always conduct their “operations in a way that respects the human rights of our employees, the people we work with and the communities in which we operate.”
News of this nascent claim against BAT acts as a timely reminder to even the largest organisations that having a good quality modern slavery statement does not make you immune from supply chain issues and legal challenge. Clearly the outcome of any case against BAT could have significant implications for MSA compliance and supply chain monitoring more generally – with organisations potentially having to do more to identify modern slavery in remote parts of their supply chains. We may also see longer, more detailed modern slavery statements and an increased appetite on the part of claimants and their lawyers to present court claims.
We will be closely monitoring developments and will issue further updates in due course – but, in the meantime, in scope organisations are encouraged to review your modern slavery statements, conduct careful risk assessments and to monitor your supply chains and yourselves with appropriate rigour.
Contact
Raymond Silverstein
Partner
raymond.silverstein@brownejacobson.com
+44 (0)207 337 1021
Discover more
Related expertise
You may be interested in...
Legal Update - Procurement Act
PPN 01/24: Carbon reduction contract schedule
Press Release
At the forefront of society’s biggest issues - a reflection of our public sector work throughout 2023
Legal Update - Procurement Act
Procurement reform: Making poor performance a thing of the past
Legal Update
ESG and the path to net zero: Construction industry considerations
Legal Update
COP28 – key outcomes agreed and what they mean for you
Published Article
Infrastructure and social value in public contracts – making it concrete
Legal Update - Public matters newsletter
Public matters - October 2023
Opinion
Modern slavery in the care sector – how employers can manage risks
Legal Update
PPN 08/23: using standard contracts
Legal Update - Public matters newsletter
Public Matters - June 2023
Legal Update
What are we to do about self reporting in PFI contracts?
Legal Update
Case summary: the importance of bringing a procurement claim within the appropriate time limits
Legal Update
Challenging procurement decisions by way of Judicial Review - the key principles
Legal Update - Public matters newsletter
Public Matters - May 2023
Legal Update - Procurement Act
Automatic suspension and procurement law
Press Release
UK and Ireland law firm Browne Jacobson joins UKREiiF 2023
Press Release
Browne Jacobson collaborates with The GLAA and University of Nottingham to tackle modern slavery and human trafficking
Press Release
Law firm Browne Jacobson appointed to work alongside the Government Legal Department - the Department for Environment, Food & Rural Affairs
Legal Update - Public matters newsletter
Public matters - February 2023
Legal Update - Procurement Act
Procurement Bill debarment regime and ECHR issues
Published Article
Digital Twin Technologies: key legal contractual considerations
Guide - Procurement Act
Public procurement: key facts and compliance considerations
Press Release
Browne Jacobson advises Natural England on investigation of ‘first in its kind’ sentenced Devon farmer
On-Demand
The Subsidy Control Act 2022. Putting the new regime into practice
Legal Update
Updated Greening Government Commitments 2021 – 2025 published
Opinion
Is over centralisation hindering economic growth?
Press Release
Browne Jacobson helps launch new innovative council company network with Wiltshire Council and Christ Church Business School
Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.
Legal Update - Public matters newsletter
Public Matters - November 2022
Opinion
Settlement agreements – what are the limitations post Bathgate?
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?
Legal Update - Public matters newsletter
Public Matters - October 2022
Updates include UK Shared Prosperity Fund, contracts, Subsidy Control Bill, data controller liability, Government Covid-19 procurement and Highway Code revisions.
Opinion - Procurement Act
Procurement Bill - what’s new in 2022?
Press Release
Browne Jacobson appointed to Crown Commercial Service’s Public Sector Legal Services framework
Browne Jacobson has been named as a supplier on Crown Commercial Service’s (CCS) Public Sector Legal Services Framework on Lot 1a – full-service provision (England and Wales) and Lot 2a – general service provision (England and Wales).
Legal Update - Public matters newsletter
Public Matters - September 2022
Welcome to our September edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.
Legal Update
Are local authority companies subject to the Freedom of Information Act 2000?
In this article we look at local authority companies and whether they are subject to the Freedom of Information Act 2000. And for those that are, what information are they legally obliged to submit.
Legal Update
Government pension's consultation on the reporting of climate change risks
The Department for Levelling Up, Housing and Communities (DLUHC) has published a consultation on proposals to require Local Government Pension Scheme (LGPS) administering authorities (AAs) in England and Wales to assess, manage and report on climate change risks.
Legal Update - Public matters newsletter
Public Matters - August 2022
Welcome to our August edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.
Legal Update
Avoiding the pitfalls of WhatsApp
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Published Article
Reaction: Landmark ruling sees government's net-zero strategy ruled 'unlawful'
Legal Update - Procurement Act
Pre procurement planning the importance of early market engagement
Published Article
RAAC planks and its impact on local authorities
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.