Name of Resource | Gangmasters (Licensing) Act 2004 |
Type | Legislation |
Country / jurisdiction | United Kingdom |
Enacting authority | Parliament of the United Kingdom |
Entry into force / date of approval | 8 July 2004 |
Description | The Gangmasters Act 2004 aims to safeguard the welfare and interests of workers in agriculture, horticulture, shellfish gathering, and any associated processing and packaging. The Act came about after the death of at least 21 migrant cockle pickers in northwest England in 2004, an incident which raised public awareness of the exploitation of migrant workers in the United Kingdom agricultural and food processing sector. The Act establishes regulations and licensing procedures for anyone employing, placing or supervising a worker employed in the above-mentioned industries, as well as for employment agencies. It makes it a criminal offence, punishable by imprisonment and/or a fine, for labour providers to operate without a license, employers to knowingly use the services of an unlicensed labour provider, and to obstruct the work of enforcement officers. The Act also established the Gangmasters Licensing Authority, a non-departmental public body that issues licenses and ensures compliance through inspections. The Authority provides informational material for workers in 18 different languages, and maintains a public list of labour providers who are licensed or who have applied for a license. |
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Name of Resource | The Gangmasters (Licensing Authority) Regulations 2005 |
Type | Legislation |
Country / jurisdiction | United Kingdom |
Enacting authority | United Kingdom Department for Environment, Food and Rural Affairs |
Entry into force / date of approval | 1 April 2005 |
Description | The Regulations set up the Gangmasters Licensing Authority which licences gangmasters operating in areas covered by the Gangmasters (Licensing) Act 2004. The Regulations require the Authority to have a Board to direct its affairs and deal with membership of the Board, tenure of office of Board members, proceedings of the Board, establishment of Committees and Liaison groups, the employment of staff by the Authority, and the production of accounts and reports. The regulations also specify the principles to which the Authority must have when determining the criteria for assessing the fitness of any person to be the holder of a licence (or engaged by the holder of a licence and named or otherwise specified in a licence) and the licence conditions. |
Availability | ENG: http://www.legislation.gov.uk/uksi/2005/448/contents/made |
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Name of Resource | Good Business – Implementing the UN Guiding Principles on Business and Human Rights |
Type | Policy |
Country / jurisdiction | United Kingdom |
Enacting authority | Government of United Kingdom |
Entry into force / date of approval | September 2013, updated May 2016 |
Description | The United Kingdom was the first country to produce a National Action Plan to implement the United Nations Guiding Principles on Business and Human Rights. When the first National Action Plan was published on 4 September 2013, the government set out the belief that the promotion of business, and the respect for human rights, go hand in hand: “responsible action by the private sector on human rights is good for business and communities; it helps create jobs, customers and a sense of fairness; it contributes to a market’s sustainability and therefore its potential to generate long-term growth”. The updated document allows to: Record the achievements the Government has made, and actions taken, over the past two years; Reflect the developments which have taken place at the international level since the United Kingdom’s National Action Plan was first published, including guidance on implementation and the experience of other countries; Set out the role Government can play in helping business to fulfil its responsibility to respect human rights, and in creating a secure, predictable, and fair environment for United Kingdom companies, wherever they operate; Support the role Government can play in supporting human rights defenders in this field and the provision of remedy which is available to those who feel they are victims of business-related human rights abuses. |
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Name of Resource | Public Procurement and Human Rights in Northern Ireland |
Type | Report/analysis |
Country / jurisdiction | Northern Ireland |
Enacting authority | Northern Ireland Human Rights Commission |
Entry into force / date of approval | November 2013 |
Description | The report considers the legal rules, policies and practices of public procurement in Northern Ireland, and evaluates the extent to which these respect human rights. This focus aims to: Ensure the engagement by public authorities of private companies whose practices meet human rights standards; Reduce the presence of forced labour in Northern Ireland; Ensure the protection of human rights in the delivery of public services; Address unequal treatment and harassment in the private as well as public sector in Northern Ireland; Encourage respect for human rights in the global supply chains of private companies. The report sets out the legal rules and principles that govern the conduct of public procurement in Northern Ireland, describes measures taken by public authorities in Northern Ireland to give effect to these rules and principles, and evaluates these measures against relevant human rights standards. |
Availability | ENG: http://www.nihrc.org/uploads/publications/NIHRC_Public_Procurement_and_Human_Rights.pdf |
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Name of Resource | Public Sector Procurement, Sustainable Procurement Duty |
Type | Policy |
Country / jurisdiction | Scotland |
Enacting authority | Scottish Parliament (sub-national) |
Entry into force / date of approval | 2014 |
Description | The sustainable procurement duty requires that before a contracting authority buys anything, it must think about how it can improve the social, environmental and economic wellbeing of the area in which it operates, with a particular focus on reducing inequality. |
Availability | ENG: https://www.gov.scot/policies/public-sector-procurement/sustainable-procurement-duty/ |
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Name of Resource | Transparency in Supply Chains etc. A practical guide |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | United Kingdom Home Office |
Entry into force / date of approval | 2015 |
Description | Section 54 of the United Kingdom Modern Slavery Act 2015 requires certain organisations to develop a slavery and human trafficking statement each year. The slavery and human trafficking statement should set out what steps organisations have taken to ensure modern slavery is not taking place in their business or supply chains. The Transparency in Supply Chains etc. A practical guide, provides guidance on: Who is required to publish a statement; How to write a slavery and human trafficking statement; How to approve and publish the statement. |
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Name of Resource | The Modern Slavery Act (2015) |
Type | Legislation |
Country / jurisdiction | United Kingdom |
Enacting authority | Parliament of the United Kingdom |
Entry into force / date of approval | 29 October 2015 |
Description | The Modern Slavery Act gives law enforcement the tools to fight modern slavery, ensure perpetrators can receive suitably severe punishments for these appalling crimes and enhance support and protection for victims. With regards to the topic of supply chains, the Act require businesses over a certain size to disclose what action they have taken to ensure there is no modern slavery in their business or supply chains each year. The Modern Slavery Act is in seven parts: Part 1 consolidates and clarifies the existing offences of slavery and human trafficking whilst increasing the maximum penalty for such offences; Part 2 provides for two new civil preventative orders, the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order; Part 3 provides for new maritime enforcement powers in relation to ships; Part 4 establishes the office of Independent Anti-slavery Commissioner and sets out the functions of the Commissioner; Part 5 introduces a number of measures focussed on supporting and protecting victims, including a statutory defence for slavery or trafficking victims and special measures for witnesses in criminal proceedings; Part 6 requires certain businesses to disclose what activity they are undertaking to eliminate slavery and trafficking from their supply chains and their own business; Part 7 requires the Secretary of State to publish a paper on the role of the Gangmasters Licensing Authority and otherwise relates to general matters such as consequential provision and commencement. |
Availability | ENG: http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted |
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Name of Resource | Code of Practice Ethical Employment in Supply Chains |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | Wales |
Enacting authority | Government of Wales |
Entry into force / date of approval | 2016 |
Description | The Code of Practice has been established by the Welsh government to support the development of more ethical supply chains to deliver contracts for the Welsh public sector and third sector organisations in receipt of public funds. The code is designed to ensure that workers in public sector supply chains are employed ethically and in compliance with both the letter and spirit of United Kingdom, EU and international laws. The code covers the following employment issues: Modern Slavery and human rights abuses; Blacklisting; False self-employment; Unfair use of umbrella schemes and zero hours contracts; and Paying the Living Wage. In signing up to the code, organizations will agree to comply with 12 commitments designed to eliminate modern slavery and support ethical employment practices. |
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Name of Resource | Business and human rights: A five-step guide for company boards |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | Equality and Human Rights Commission |
Entry into force / date of approval | May 2016 |
Description | The guide is for boards of companies in the United Kingdom. It sets out five steps boards should follow in order for their companies to identify, mitigate and report on the human rights impacts of their activities. These steps will also help boards to reflect their leadership and fiduciary duties. The guide also provides advice on how boards can meet the UN Guiding Principles on Business and Human Rights, the global standard, which outline the role of business and governments in respecting human rights. The Guiding Principles do not create any new international legal obligations on companies, but they can help boards to operate with respect for human rights and meet their legal responsibilities set out in domestic laws. They are also supported by the UK government. |
Availability | ENG: https://www.equalityhumanrights.com/sites/default/files/business_and_human_rights_web.pdf |
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Name of Resource | Modern slavery - A council guide |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | United Kingdom Local Government Association, United Kingdom Independent Anti-Slavery Commissioner |
Entry into force / date of approval | December 2017 |
Description | The purpose of this guide for councils is to increase awareness of modern slavery and provide clarity on their role in tackling it. In developing this, the Association’s Safer and Stronger Communities Board has worked with the Independent Anti-Slavery Commissioner. It encourages the members to draw on the resources of the Commissioner and other local partners to help stop slavery and are grateful for their work and input. |
Availability | ENG: https://www.antislaverycommissioner.co.United Kingdom/media/1201/modern-slavery-a-council-guide.pdf |
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Name of Resource | Modern Slavery Assessment Tool |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | Cabinet Office |
Entry into force / date of approval | 21 December 2017 |
Description | The Modern Slavery Assessment Tool is a modern slavery risk identification and management tool. This tool has been designed to help public sector organizations work in partnership with suppliers to improve protections and reduce the risk of exploitation of workers in their supply chains. It also aims to help public sector organizations understand where there may be risks of modern slavery in the supply chains of goods and services they have procured. Public sector organizations are encouraged to use the Modern Slavery Assessment Tool with existing suppliers. |
Availability | ENG: https://supplierregistration.cabinetoffice.gov.United Kingdom/msat |
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Name of Resource | Modern slavery contacts database |
Type | Capacity building, Registry / data base, Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | United Kingdom Home Office |
Entry into force / date of approval | 15 October 2018 |
Description | By registering to the modern slavery contacts database, companies can get guidance and resources on producing a modern slavery statement. Every organization carrying out a business in the United Kingdom with a total annual turnover of £36 million or more is required to produce a modern slavery statement for each financial year of their establishment. |
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Name of Resource | Procurement Guidance Note PGN 03/18 - Human Rights in Public Procurement |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | Northern Ireland |
Enacting authority | Department of Finance of Northern Ireland |
Entry into force / date of approval | 19 December 2018 |
Description | The Northern Ireland Public Procurement was approved by the Northern Ireland Executive in 2002. In approving the policy, the Executive took the decision that legislation was not necessary to ensure that Departments, their Agencies, Non-Departmental Public Bodies and Public Corporations complied with the policy. Instead, it considered that compliance could be achieved by means of administrative direction. Procurement Guidance Notes (PGNs) are the administrative means by which Departments are advised of procurement policies and best practice developments. They apply to those bodies subject to Northern Ireland Public Procurement Policy and also provide useful guidance for other public sector bodies. PGNs are developed by the Construction and Procurement Delivery, in consultation with the Centres of Procurement Expertise, and are subject to the approval of the Procurement Board. |
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Name of Resource | Guidance on publishing an annual modern slavery statement |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | United Kingdom Home Office |
Entry into force / date of approval | 12 March 2019 |
Description | The United Kingdom Home Office provides guidance on producing a modern slavery statement, including good practice recommendations and links to further resources. Certain commercial organizations must publish an annual statement setting out the steps they take to prevent modern slavery in their business and their supply chains. This is a requirement under Section 54 (Transparency in Supply Chains) of the Modern Slavery Act 2015. This guidance helps identify if organisations need to publish a modern slavery statement and best practice guidance on producing a statement. |
Availability | ENG: https://www.gov.United Kingdom/guidance/publish-an-annual-modern-slavery-statement |
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Name of Resource | Procurement Policy Note 05/19: Tackling Modern Slavery in Government Supply Chains |
Type | Guidance on policy / legislation implementation |
Country / jurisdiction | United Kingdom |
Enacting authority | Cabinet Office |
Entry into force / date of approval | 18 September 2019 |
Description | This Procurement Policy Note and guidance sets out how to identify and manage modern slavery risks in both existing contracts and new procurement activity. |
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Name of Resource | Crown Commercial Service Framework Contracts |
Type | Registry / data base |
Country / jurisdiction | United Kingdom |
Enacting authority | Crown Commercial Service |
Entry into force / date of approval | August 2019 |
Description | The Crown Commercial Service (CCS), the largest public sector procurement organization in the United Kingdom, have carried out a risk assessment of their current and planned commercial agreements to identify which contracts are in the sectors and categories where there is greater risk of modern slavery occurring; compiled a list of high and medium risk framework contracts and have invited suppliers that are working under framework contracts in those sectors and categories where there is a greater risk of modern slavery to complete the Modern Slavery Assessment Tool. CCS will also be risk assessing their future framework contracts to ensure that the modern slavery risk is effectively identified and addressed in CCS’s future procurement pipeline. |
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