Class Acts? A comparative analysis of modern slavery legislation across the UK

2019 ◽  
pp. 97-120
Author(s):  
Vicky Brotherton
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Supply Chains ◽  
International Law ◽  
Human Trafficking ◽  
Modern Slavery ◽  
The Uk

In 2015, three new Acts had passed into law: the Modern Slavery Act (MSA), the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act, and the Human Trafficking and Exploitation (Scotland) Act. The three Acts are comprehensive in scope and include: a raft of new criminal offences; measures aimed at preventing modern slavery; support provisions for child and adult victims; and in the MSA, the role of an Independent Anti-Slavery Commissioner and a ‘Transparency in Supply Chains’ provision, aimed at improving businesses' response to slavery and exploitation. This chapter considers the key, comparable provisions across the three Acts — assessing if and how they differ from each other and from standards in international law. It also details the extent of their implementation and impact to date.

On the Anti-Bribery “Watchlist”: Compliance and Labor/Anti-Trafficking Issues

2019 ◽  
pp. 675-696
Author(s):  
Andrew Boutros
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Human Trafficking ◽  
Child Labor ◽  
Forced Labor ◽  
Labor Laws ◽  
Labor Practices ◽  
Modern Slavery ◽  
Federal Contracts ◽  
The Uk

Today’s companies must understand and prevent the myriad problems flowing from labor issues. Increasingly demanding, serious compliance attention and resources are now being focused on the emerging area of human anti-trafficking and forced labor laws and regulations as they relate to business supply chains. These mandates include the California Transparency in Supply Chains Act, the Executive Order on Strengthening Protections Against Trafficking in Persons in Federal Contracts, and the UK Modern Slavery Act of 2015. By enlisting or conscripting companies into the fight against human trafficking, child labor, and other “forced” or “coerced” labor practices, these laws introduce a wholly new compliance reality requiring accountability and supply chain compliance.

Modern slavery and transparency in supply chains: the role of business

2019 ◽  
pp. 187-218
Author(s):  
Colleen Theron
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Value Chain ◽  
Mandatory Reporting ◽  
Due Diligence ◽  
Voluntary Reporting ◽  
Reporting Requirements ◽  
Modern Slavery ◽  
The Uk

This chapter explores how business is implicated by modern slavery, and the salient requirements of the UK Modern Slavery Act (MSA) transparency in supply chain provision, in the context of growing mandatory reporting requirements for business to report transparently on their supply chain impacts. It also examines how business has responded to the MSA. It concludes with some practical steps that business can take to address the risk of modern slavery in its supply chains. Among these are ensuring that top management is supportive of tackling modern slavery in the organisation and supply chains; understanding how these obligations fit within any wider mandatory or voluntary reporting undertaken by the business; putting policies in place; establishing robust due-diligence processes; mapping the supply and value chain of the business.

Modern slavery in supply chains: insights through strategic ambiguity

2021 ◽  
Vol 41 (2) ◽  
pp. 77-101
Author(s):  
Joanne Meehan ◽  
Bruce D. Pinnington
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Design Methodology ◽  
Content Type ◽  
Sustainable Supply Chains ◽  
Collaborative Action ◽  
Modern Slavery ◽  
The Status ◽  
The Uk

PurposeThe purpose of this paper is to assess whether firms' transparency in supply chain (TISC) statements indicate that substantive action is being taken on modern slavery in UK government supply chains.Design/methodology/approachThe authors analyse 66 of the UK government's strategic suppliers' TISC statements and 20 key documents related to the policy intent of the UK Parliament, 2015 TISC requirements. Qualitative document analysis identifies what suppliers say they are doing and what they are not saying to provide novel insights into how firms employ ambiguity to avoid timely action on modern slavery in their supply chains A set of propositions are developed.FindingsThe authors elaborate the concepts of time and change in socially sustainable supply chains and illustrate how firms use ambiguity in TISC statements as a highly strategic form of action to defend the status quo, reduce accountability and delay action for modern slavery within supply chains. The authors identify three ambiguous techniques: defensive reassurance, transfer responsibility and scope reduction that deviate from the policy intention of collaborative action.Social implicationsThe results illustrates how ambiguity is preventing firms from taking collaborative action to tackle modern slavery in their supply chains. The lack of action as a result of ambiguity protects firms, rather than potential victims of modern slavery.Originality/valuePrior research focuses on technical compliance rather than the content of firms' TISC statements. This qualitative study provides novel insights into the policy-resistant effects of ambiguity and highlights the dynamic and instrumental role of modern slavery reporting. Theoretically, we identify accountability as an essential concept to address the causes of modern slavery in supply chains and for developing collaborative supply chain environments to tackle the issues.

scholarly journals Collaborating to Identify, Recover and Support Victims of Modern Slavery

2018 ◽  
Vol 4 (2) ◽  
pp. 200-224
Author(s):  
Ben Brewster
Keyword(s):  
Comparative Analysis ◽  
Empirical Evidence ◽  
Case Studies ◽  
Full Spectrum ◽  
Victim Identification ◽  
Modern Slavery ◽  
Geographic Regions ◽  
The Uk ◽  
The Impact

This article presents findings from a series of case studies into the impact of multi- agency anti-slavery partnerships in the UK. The research draws upon empirical evidence from a number of geographic regions as the basis of a comparative analysis involving the full spectrum of statutory and non-statutory organisations that undertake anti-slavery work. The article focuses, in particular, on the role of partnerships in victim identification and support, while simultaneously discussing issues and drawing upon existing discourse associated with policy, legislation and the macro conditions that impose barriers on such efforts.

scholarly journals Cutting edge or ignored resource: assessing the uptake and content of the NHS e-Learning for healthcare on “identifying and supporting survivors of modern slavery”

2019 ◽  
Author(s):  
Segan Helle ◽  
Sarah Steele
Keyword(s):  
International Law ◽  
Healthcare Workers ◽  
Local Level ◽  
Freedom Of Information ◽  
Modern Slavery ◽  
The World ◽  
E Learning ◽  
Open Session ◽  
The Uk ◽  
Level Variable

Abstract Background Across the last decade, healthcare emerged as a critical space for combatting modern slavery. Accurate and informative training of healthcare professionals is, therefore, essential. In the UK, the National Health Service (NHS) plays a central role in the identification and care of survivors. With training at the local-level variable, an e-Learning programme was developed. We ask: has this programme reached NHS staff? Is it accurate? Should the e-Learning approach be replicated around the world? Method A Freedom of Information request has been sent to the NHS’s Health Education England for data held on registrations, sessions and completions since 2014. An open session was used to assess the content. Results Across the past 5 years, there have been 31 191 registrations (≈2% of the workforce) and 1763 completed sessions (≈0.12%). Uptake remains low. We also identify deficiencies in the ways the programme represents modern slavery, and how the program engages with the complexities of national and international law and UK policy, as well as reporting mechanisms. Conclusions e-Learning, while flexible and on-going, must be engaging and, we suggest, accompanied by in-person sessions. Materials should be co-produced with survivors and healthcare workers around the world to improve interest and relevance. Updating content regularly is critical.

Human trafficking: addressing the symptom, not the cause

2019 ◽  
pp. 145-166
Author(s):  
Kate Roberts
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Domestic Workers ◽  
Public Funds ◽  
Domestic Worker ◽  
Modern Slavery ◽  
The Uk

This chapter discuss how campaigning and amendments to the Modern Slavery Act, together with a government-commissioned review, resulted in workers being able to change employers within the six-month duration of their visa. In addition, those formally confirmed as trafficked are now permitted to apply for a two-year-long visa to work as a domestic worker in a private home without recourse to public funds. However, these measures fall short of the rights contained within the original visa, which not only worked to support domestic workers to escape abuse, but also went a long way towards preventing exploitative work and provided a pathway for those who had left exploitative work to move on with their lives. The chapter argues that the UK needs to move beyond the ‘rescue and release’ law enforcement-based approach that it has taken to date.

scholarly journals The Financial Investigation of Human Trafficking in the UK: Legal and Practical Perspectives

2019 ◽  
Vol 83 (4) ◽  
pp. 284-293 ◽  
Author(s):  
Ben Middleton ◽  
Georgios A Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Organised Crime ◽  
Political Agenda ◽  
The Political ◽  
Law And Policy ◽  
Modern Slavery ◽  
The Government ◽  
The Uk

A significant body of law and policy has been directed to organised crime generally, with Human Trafficking remaining high on the political agenda. This article conducts a contextualised study of Human Trafficking in the UK, examining the underpinning legal framework before drawing on the expertise of key professionals in the sector, who have been interviewed for this purpose. It is suggested that it is not so much the legal framework that is the problem, but rather there are a number of practical and policy-related considerations that the government should consider as part of their efforts to combat Modern Slavery and Human Trafficking.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

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