Expert Guide on Human Rights and Forced Labour in United Kingdom

The primary legislation in the UK addressing forced labour and modern slavery is the Modern Slavery Act 2015, which is designed to combat modern slavery (including slavery, servitude, forced and compulsory labour and human trafficking). It also places obligations on certain large commercial organisations to publish a statement of their efforts to ensure that modern slavery and human trafficking are not taking place in their business or supply chains. 

The Human Rights Act 1998 (HRA 1998) incorporates the European Convention on Human Rights (ECHR) into UK law, protecting against human rights violations, including forced labour and servitude, and allowing individuals to seek redress in UK courts. It makes it unlawful for public bodies to act against the ECHR, unless required by primary legislation. 

No, the scope of the Modern Slavery Act is not sector specific, although certain sectors are recognized as being at higher risk of modern slavery than others, e.g. agriculture, healthcare and construction, and certain frameworks and initiatives exist to  target modern slavery and forced labour risk in these sectors. For example, the Gangmasters (Licensing) Act 2004 (GLA 2004) establishes a licensing system for labour providers in the agriculture, horticulture, and shellfish industries, ensuring that employers meet standards related to pay, accommodation, and working conditions.

In the construction industry, specific protocols, such as the Construction Protocol, aim to tackle modern slavery risks by promoting collaboration and awareness among construction businesses. 
In public procurement, the Public Contracts Regulations 2015 require government bodies to consider modern slavery risks when awarding contracts, encouraging transparency and ethical sourcing practices in supply chains. 

In summary, the key legislation is framed in general terms rather than tailored to particular sectors.

The Modern Slavery Act requires certain large commercial organisations to publish a statement setting out what steps they have taken during the last financial year to ensure that modern slavery and human trafficking are not taking place in their business or supply chains.

Aside from the requirements under the Modern Slavery Act, no, but organisations who publish a modern slavery statement are encouraged to also submit it to the UK government's Modern Slavery Statement Registry.

The UK government can seek an injunction to require an organization who is legally obliged to publish a modern slavery statement under the Modern Slavery Act, but has not done so, to publish such a statement. However, no such injunction has been sought since the Act’s inception and there are currently no other penalties or sanctions for not publishing a statement or publishing a poor quality statement. The key risk for an organisation is reputational damage or damage to relationships with clients and other stakeholders if issues of modern slavery are identified in their business and/or supply chain and they have not taken steps to identify and remediate them.

The HRA 1998 provides a framework for individuals to challenge human rights violations, including forced labour, by public authorities. 

The Gangmaster Labour and Abuse Authority regulates labour providers in high-risk sectors like agriculture, food processing, and construction by conducting inspections and investigations to prevent labour exploitation. It enforces the GLA 2004 licencing system labour providers, with penalties for non-compliance, including up to 10 years in prison.

Please see the answer at 6. below with regard to penalties for criminal offences under the Act.

The Modern Slavery Act criminalises slavery, servitude, forced labour and human trafficking with penalties ranging from imprisonment to life imprisonment depending on the specific offence.

 If a director or executive is found to have personally engaged in or facilitated activities that constitute slavery, servitude, forced or compulsory labour, or human trafficking, they can be held criminally liable, provided the prosecution proves the elements of the offences beyond reasonable doubt.

A modern slavery statement should be approved by the board of the relevant company or the general partners of a partnership and signed by a director/ partner. A failure to publish a modern slavery statement where one is required, or the approval of a modern slavery statement that is inaccurate or misleading, carries with it the risk for directors of potential disqualification and claims by shareholders for breach of fiduciary duties.

The UK government has indicated proposed changes to the modern slavery statement requirements under the Modern Slavery Act to enhance the obligations as well as impose increased sanctions but the timetable for introduction of these changes is unknown.

The UK government has also announced an inquiry into forced labour in UK supply chains in light of the forthcoming introduction of the Forced Labour Regulation.

The EU Corporate Sustainability Due Diligence Directive (CSDDD), aims to enforce mandatory due diligence requirements on companies to address human rights and environmental risks in their supply chains. Although it does not directly apply to the UK-only businesses, UK businesses with operations or supply chains in the EU, or those engaged in the EU market, will need to comply with the directive.