What is Modern Slavery?
Modern slavery is defined as the illegal exploitation of individuals being forced to work, owned, controlled, dehumanised or constrained by an employer. Modern slavery victims can be of any gender, age, nationality and ethnicity. Under the Modern Slavery Act 2015, the following terms will need to be used.
| Term | Definition |
| Slavery | Where ownership is exercised over a person |
| Servitude | An obligation to provide services imposed by coercion |
| Forced or Compulsory Labour | Work or services under threat of a penalty, or where the person does not offer themselves voluntarily |
| Human Trafficking | Arranging for the travel of people to exploit them. |
Identifying Modern Slavery
Employees may be under modern slavery if they:
- Look scruffy, malnourished or injured
- Act anxious, afraid or unable to make eye contact
- Working long hours, wearing unsuitable clothing or have the wrong equipment for the job
- Their living space is overcrowded, poorly maintained or isolated from the outside world
- Behave like they’re being instructed by someone else and do not have access to their own money or identification
In terms of contracts with their employer, there may be irregularities, such as unfair terms. This may exist as providing housing for the employee, but requiring them to pay exorbitant fees for utilities, or for food which limit the options they have of leaving – it would leave them with no home or job. Similar arrangements may be made, but a common theme is that there is some form of restriction which prevents them from improving their position or keeping them to a job without an option to leave. Alternatively, it could be forced labour in many different industries, where they do not have a choice due to some threat or harm being placed upon them if the employees do not comply and work for the employer.
Most commonly, these incidences happen when vulnerable individuals take large risks to provide for their families – such as taking a seemingly good offer to work abroad. Their passport is confiscated upon arrival and that they need to pay off some debt before they can leave. Often, they are completely reliant on their traffickers. Alternatively, they may also use forced or compulsory labour without pay for extreme lengths of time to keep individuals in servitude.
Being found guilty of modern slavery may result in imprisonment and a fine. Under the Proceeds of Crime Act 2002, if the courts have deemed that an employer is guilty of modern slavery, then a confiscation order may be made. Here the courts seize the assets of the guilty party and can decide what happens to the assets.
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