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modern
slavery
act 2015
Isyourbusinessready?
a briefing note from
Where should the statement be published?
It is envisaged that the statement will be published in the annual
accounts for most businesses. However, if the organisation also
has a website, a copy of the statement must be placed on the
website, with a prominent link to the statement appearing on the
homepage. If the business does not have a website, then it must
provide a copy of the statement in writing to anyone who requests
it, within 30 days of receipt of the request.
Who is required to approve the statement?
In the case of an incorporated entity, the statement must be
approved by the company’s board and signed by a director (or
equivalent). In the case of a limited liability partnership, the
statement must be approved by the member and signed by a
designated member (or in the case of a partnership, signed by a
partner).
When does the requirement come into force?
The MSA received Royal Assent in March 2015, but section 54 of
the MSA, which creates the obligation to provide the slavery and
human trafficking statement, is anticipated to come into force in
October 2015.
What will happen if we fail to provide a statement?
The Secretary of State may apply to the High Court for an
injunction against any organisation that fails to comply with any
of the requirements relating to the Slavery and Human Trafficking
Statement.
The Modern
Slavery Act 2015
Which businesses have to make a Slavery and Human
Trafficking Statement?
Any businesses that supply goods or services and that have
a turnover exceeding £36 million must prepare a slavery and
human trafficking statement every financial year. The requirement
is applies to any incorporated company (regardless of where
it was incorporated) or partnership (including limited liability
partnerships) – irrespective of the place of formation – that carries
on its business, or part of its business in the UK. Therefore the
requirements apply to overseas businesses providing goods or
services in the UK. The threshold of £36 million was chosen as this
is the threshold for large businesses in the Companies Act 2006,
and it was anticipated that the statement would be included in the
company’s annual accounts. Therefore, small and medium-sized
businesses do not have to provide the statement.
What information must a Slavery and Human Trafficking
Statement include?
The organisation must provide either:
•	 a statement detailing what steps the business has taken
during the financial year to ensure that slavery and human
trafficking is not taking place within its supply chain or any
part of its business; or
•	 a statement that the organisation has not taken any such
steps.
The statement may include information about the organisation’s
structure, its business and its supply chains; its policies, due
diligence processes and staff training in relation to slavery and
human trafficking; any risks identified and steps taken to manage
such risks; and its effectiveness in ensuring that slavery and human
trafficking is not taking place.
The Modern Slavery Act 2015 (MSA) consolidates UK law on slavery and
human trafficking. One aspect of the MSA is to place an obligation on
businesses to have transparency within their supply chains.
© IBB Solicitors 2015. Thissummaryisprovidedforgeneralinformationonly,andisnotintendedto
amounttolegaladviceonwhichyoushouldrely.Werecommendyouobtainspecialistprofessional
advicebeforetaking–orrefrainingfrom–anyactiononthebasisoftheinformationabove.
If you would like to discuss any aspect of this briefing further,
please contact:
Dr Christopher Hayes
Partner, Corporate and Commercial team
christopher.hayes@ibblaw.co.uk
01895 207240

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The Modern Slavery Act 2015: Obligations for Businesses and Employers

  • 2. Where should the statement be published? It is envisaged that the statement will be published in the annual accounts for most businesses. However, if the organisation also has a website, a copy of the statement must be placed on the website, with a prominent link to the statement appearing on the homepage. If the business does not have a website, then it must provide a copy of the statement in writing to anyone who requests it, within 30 days of receipt of the request. Who is required to approve the statement? In the case of an incorporated entity, the statement must be approved by the company’s board and signed by a director (or equivalent). In the case of a limited liability partnership, the statement must be approved by the member and signed by a designated member (or in the case of a partnership, signed by a partner). When does the requirement come into force? The MSA received Royal Assent in March 2015, but section 54 of the MSA, which creates the obligation to provide the slavery and human trafficking statement, is anticipated to come into force in October 2015. What will happen if we fail to provide a statement? The Secretary of State may apply to the High Court for an injunction against any organisation that fails to comply with any of the requirements relating to the Slavery and Human Trafficking Statement. The Modern Slavery Act 2015 Which businesses have to make a Slavery and Human Trafficking Statement? Any businesses that supply goods or services and that have a turnover exceeding £36 million must prepare a slavery and human trafficking statement every financial year. The requirement is applies to any incorporated company (regardless of where it was incorporated) or partnership (including limited liability partnerships) – irrespective of the place of formation – that carries on its business, or part of its business in the UK. Therefore the requirements apply to overseas businesses providing goods or services in the UK. The threshold of £36 million was chosen as this is the threshold for large businesses in the Companies Act 2006, and it was anticipated that the statement would be included in the company’s annual accounts. Therefore, small and medium-sized businesses do not have to provide the statement. What information must a Slavery and Human Trafficking Statement include? The organisation must provide either: • a statement detailing what steps the business has taken during the financial year to ensure that slavery and human trafficking is not taking place within its supply chain or any part of its business; or • a statement that the organisation has not taken any such steps. The statement may include information about the organisation’s structure, its business and its supply chains; its policies, due diligence processes and staff training in relation to slavery and human trafficking; any risks identified and steps taken to manage such risks; and its effectiveness in ensuring that slavery and human trafficking is not taking place. The Modern Slavery Act 2015 (MSA) consolidates UK law on slavery and human trafficking. One aspect of the MSA is to place an obligation on businesses to have transparency within their supply chains. © IBB Solicitors 2015. Thissummaryisprovidedforgeneralinformationonly,andisnotintendedto amounttolegaladviceonwhichyoushouldrely.Werecommendyouobtainspecialistprofessional advicebeforetaking–orrefrainingfrom–anyactiononthebasisoftheinformationabove. If you would like to discuss any aspect of this briefing further, please contact: Dr Christopher Hayes Partner, Corporate and Commercial team christopher.hayes@ibblaw.co.uk 01895 207240