Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
The Act applies to all organisations with a turnover or group turnover - that is, the total turnover of a company and its subsidiaries - of £36 million or more which are either incorporated in the UK or carry on a business in the UK.
A commercial organisation is required to comply with the reporting requirements if:
- it is incorporated or a partnership (for example, a charitable company but not an unincorporated charity or charitable trust);
- it "carries on a business, or part of a business" in the UK;
- its turnover or the turnover of a parent company and its subsidiaries is equal to or greater than £36 million per annum; and
- it supplies goods or services.
The term "carries on a business" is not defined in the Act. Guidance issued by the Home Office (here) suggests that a "common sense approach" should be applied to determine if a company carries on a business in the UK. The guidance specifies that it does not matter if the organisation pursues primarily charitable or educational aims or purely public functions. The organisation will be caught if it engages in commercial activities and has a total turnover of £36m - irrespective of the purpose for which profits are made.
The statement has to set out the steps that an organisation has taken during that financial year to ensure that slavery and human trafficking are not taking place:
- anywhere in their supply chains; or
- in any part of their own business.
What needs to be included in the statement?
The Act contains a list of information that may be included within an organisation's statement, as follows:
- the organisation's structure, its business and its supply chains;
- its policies in relation to slavery and human trafficking;
- its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
- the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
- its effectiveness in ensuring that slavery and human trafficking is not taking place in its business and supply chains, measured against such performance indicators as it considers appropriate; and
- the training about slavery and human trafficking available to its staff.
Who must approve the statement?
In the case of a charitable company then its anti-slavery statement must be approved by the board of directors/trustees and be signed by a director.
Where should the statement be published?
The anti-slavery statement must be published in a prominent location on the organisation's website, with a link to the anti-slavery statement on the organisation's homepage.
There is a toolkit available which includes:
- Standard modern slavery and human trafficking statement
- Checklist to help RPs prepare the annual statement and assess risk in the supply chain
- Anti-slavery and human trafficking policy
- Board minutes to approve the statement
- Due diligence question for inclusion in PQQs/selection questions
- Anti-slavery and human trafficking clauses to put in supply chain agreements
For more information
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.