Does the Modern Slavery Act 2015 affect your building materials business?
In the February 2016 edition of “Business News”, the BMF told members:
Modern Slavery Act 2015 – does it affect your business?
BMF’s employment lawyers Halborns outline the new requirements of the Modern Slavery Act 2015
What do I need to know about the Modern Slavery Act 2015? (MSA)
If you turnover £36M or more you must publish an annual statement of the steps your business is taking to ensure human trafficking and slavery is not present in your business or supply chains. As you’d expect, detailed definitions of the offences of slavery and human trafficking are set out in the MSA but essentially amount to forcing people to work or travel against their will.
How do I comply with the requirements?
There is no law on the exact wording that the statement should take. It should include:
1. Details about your supply chains;
2. What steps you have taken to check whether slavery and human trafficking has tainted your business or supply chains;
3. Which areas of your business or supply chains might be at risk of slavery or human trafficking (if any), and any steps you have taken to assess and manage those risks (and whether they have been effective);
4. Any training you have provided to your team to ensure that slavery and human trafficking is identified and dealt with.
When do I have to publish a statement by?
Any business with a financial year end on or after 31 March 2016 must publish the statement within six months of the end that financial year, and then annually from then onwards.
What happens if I don’t comply?
You can be forced to comply by the Secretary of State through court proceedings.
The BMF advises those members who were interested in advice on the Modern Slavery Act contact either Halborns direct on 0115 718 0333 or via the legal helpline on 0870 420 7373. Halborns will talk you through the process and explain the requirements of the Act.
Halborns will issue you with a document that explained this and would enable you to draft your own statement based on a structure set out in the document. Halborns will need to charge a nominal fee for doing so of £100 + VAT a time. This would both be to cover costs in giving the telephone advice and to reflect the fact that the member would be relying on Halborns professional indemnity insurance
In the November 2016 edition of “Timber Forum News”, the BMF told members:
BMF & TTF launch guides to the Modern Slavery Act
The Builders Merchant Federation and the Timber Trade Federation have produced member guides to the Modern Slavery Act.
The Modern Slavery Act 2015 came into effect last year and aims to improve law enforcement and transparency on slavery and human trafficking. It is a major concern for goods with long, international supply chains.
The Act requires commercial organisations - which have a turnover equal to or larger than £36M - to describe the steps they have taken to ensure that slavery and labour exploitation are not taking place in any part of their supply chain or in any part of their own business. This must be published in an annual statement.
It is important to note that timber certification schemes and the TTF’s due diligence framework (RPP) already include provisions to address Modern Slavery through the adherence to international labour laws and declarations.
The BMF’s employment lawyers Halborns can assist you with drafting your statement and ensuring you comply with the legislation. Contact Halborns for further guidance at [email protected]. For any queries you can also contact Owen Walton - TF Communications and Research Executive - at [email protected]
Click here for the official HM Government statutory guidance to employers.