Modern Slavery

1. What is Modern Slavery?

Modern slavery is a serious yet often hidden crime that violates human rights.

Modern slavery is a term that encompasses:

• Human trafficking; and
• Slavery, servitude and forced or compulsory labour.

Human trafficking

Article 4(a) of the Council of Europe Convention on Action against Trafficking in Human Beings (the Convention) defines human trafficking as:

“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

In the case of adult human trafficking there are three components, all of which must be present:

Comprehensive information about each component can be found in Section 2 of Modern Slavery: statutory guidance.

Organ trafficking/removal

The Human Tissue Act 2004 was introduced to ensure that living organ donors have made an informed and voluntary decision to donate their organ/s; free from duress, coercion or reward. Organ trafficking/ harvesting is an umbrella term to describe the illegal activity of removing a victim’s organs against their wishes and/ or deceiving or coercing a person into this situation. This includes removing organs and selling or transplanting those organs.

The Supply of Information about Transplants Regulations 2024 requires relevant clinicians in England, Wales and Northern Ireland who work closely with patients that need, or have received, an organ transplant to report the following information to the Human Tissue Authority:

1. If they have a reasonable suspicion that an organ donation and transplantation related offence may have been committed under the Human Tissue Act or Modern Slavery legislation; or
2. If they are made aware that a patient has received an organ transplant outside the UK.

Failing to report under the Regulations is an offence, and clinicians risk criminal charges amounting to a fine for failing to report, or an unlimited fine for providing false or misleading information.

If you have any questions about the Regulations or would like to report a case, please contact: report@hta.gov.uk.

For further information see Human Tissue Authority.

The Human Tissue Authority have produced Guidance to accompany the Regulations.

Slavery, servitude and forced or compulsory labour

Slavery, servitude and forced or compulsory labour are all illegal across the UK.

Slavery - The 1926 Slavery Convention defines slavery as ‘the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised’.

Servitude - Servitude means an obligation to provide a service that is imposed by the use of coercion. Servitude often occurs in a domestic environment, with the victim carrying out tasks such as household chores or childcare with little or no financial reward or freedom of movement. The fundamental distinguishing feature between servitude and forced or compulsory labour (below) is that the adult is likely to feel a sense of permanency and that their situation is unlikely to change.

Forced or compulsory labour - UN Convention No. 29 concerning forced or compulsory labour defines ‘forced or compulsory labour’ as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. Forced or compulsory labour often takes place in industries where work is casual and/or there is little regulation, for example nail bars, car washes, factory production lines and seasonal farm work. The victim will receive little or no financial reward, or their wages will be taken by their exploiter to pay for artificial or inflated debt (debt bondage) or living expenses.

In the case of adults there are two components, both of which must be present in all cases of slavery, servitude and forced or compulsory labour:

Comprehensive information about each component can be found in Section 2 of Modern Slavery: statutory guidance.

2. Identifying Potential Victims of Modern Slavery

Taken from the statutory guidance, the following list outlines general indicators of modern slavery.

Potential victims may:

• Believe that they must work against their will;
• Be unable to leave their work environment or home environment;
• Show signs that their movements are being controlled;
• Feel that they cannot leave;
• Show fear or anxiety;
• Be subjected to violence or threats of violence against themselves or against their family members and loved ones;
• Suffer injuries that appear to be the result of an assault;
• Suffer injuries or impairments typical of certain jobs (for example, caused by factory or farm machinery) or control measures (such as being restrained);
• Suffer injuries that appear to be the result of the application of control measures (such as wrist ligature marks);
• Be distrustful of the authorities;
• Be threatened with being handed over to the authorities;
• Be afraid of revealing their immigration status;
• Not be in possession of their passports or other travel or identity documents, as those documents are being held by someone else;
• Come from a place known to be a source of human trafficking;
• Have had the fees for their transport to the country of destination paid for by facilitators, whom they must pay back by working or providing services in the destination;
• Have false identity or travel documents (or none at all);
• Be found in or connected to a type of location likely to be used for exploiting people;
• Be unfamiliar with the local language;
• Not know their home or work address;
• Allow others to speak for them when addressed directly;
• Act as if they were instructed by someone else;
• Be forced, threatened or deceived into working in poor conditions;
• Be disciplined through punishment;
• Be unable to negotiate working conditions;
• Receive little or no payment;
• Have no access to their earnings;
• Work excessively long hours over long periods;
• Not have any days off;
• Live in poor or substandard accommodations;
• Have no access to medical care;
• Have limited or no social interaction;
• Have limited contact with their families or with people outside of their immediate environment;
• Be unable to communicate freely with others;
• Be under the perception that they are bonded by debt;
• Be in a situation of dependence;
• Have acted on the basis of false promises.

Note: There could also be physical, psychological or environmental indicators, as well as indicators related to the specific type of exploitation that the potential victim may be experiencing (for example sexual exploitation).

Information about additional indicators can be found in Section 3 of Modern Slavery: statutory guidance.

3. The Duty to Report Modern Slavery

Under section 52 of the Modern Slavery Act, specified public authorities (including the police and local authorities) have a duty to notify the Home Office of all potential victims of modern slavery.

The duty is discharged by either:

1. With the adult’s consent, referring them into the National Referral Mechanism (NRM); or
2. If the adult does not consent, making a Duty to Notify referral.

Both an NRM referral and a Duty to Notify referral can be made online through the Modern Slavery Portal.

See: Report Modern Slavery.

Note: The Home Office is responsible for determining whether the adult is a victim of modern slavery.

First Responder Organisations

First Responder Organisations are organisations or bodies authorised by the Home Office to notify them of potential victims of modern slavery.

The NRM guidance sets out a full list of First Responder Organisations. See: First Responder Organisations.

4. Safeguarding Response

Raising a concern and immediate action

If the adult appears to be at immediate risk of harm, the situation should be treated as an emergency and the police alerted using 999.

The adult may also require medical attention, if there are signs of a physical injury or health concern (for example malnutrition).

Even if the adult is not at immediate risk of harm, the police should always be alerted as modern slavery is a crime. This is the case even if the concerns are historical.

If the adult seems to need care and support (or if this is unclear when a concern is identified), a safeguarding concern should also be raised to the local authority.

The duty to notify

As part of the safeguarding response, the duty to notify must be met.

For guidance see Section 3, The Duty to Report Modern Slavery.

Note: If a First Responder Organisation has already notified the Home Office, then an additional notification is not required.

The safeguarding response

The modern slavery statutory guidance provides extensive guidance for working effectively with adults that may be victims of modern slavery.

See: Working with vulnerable people.

See: Annex D – working with vulnerable people.

The key points for the safeguarding response to remember are:

• Collaborative partnerships, multi-disciplinary and multi-agency working are fundamental to ensure that potential victims are identified, protected and safeguarded. Activities should be carried out in partnership with other agencies to provide potential victims with integrated support and access to their rights and entitlements.
• It is important for professionals to understand the specific vulnerability of potential victims of modern slavery and utilise practical, trauma-informed methods of working which are based upon fundamental principles of dignity, compassion and respect. Voices must always be heard, and rights respected.
• Potential victims may be reluctant to, or unable to, self-identify. Some groups are more susceptible to becoming victims of modern slavery, particularly former victims, adults who are homeless, adults with no recourse to public funds or adults with drug and alcohol dependency issues;
• Victims may experience post-traumatic stress disorder and anyone interviewing a potential victim should be aware of the impact of trauma on the interviewee, for example difficulty recalling facts;
• Survivors of modern slavery may be at risk of re-trafficking and further harm.

Regardless of whether an NRM referral has yet been made, other statutory or non-statutory services and support that the adult at risk may be legally entitled to (or that would be beneficial in reducing risk) should be identified.

For example, immigration advice or accommodation:

• The Housing Act (1996) requires local housing authorities to secure accommodation for an individual if there is a reason to believe that the individual may be homeless, eligible for assistance and have a priority need;
• If local housing authorities believe an individual with recourse to public funds would be homeless due to being a victim of modern slavery, they should provide safe accommodation between referral to the NRM and a Reasonable Grounds decision.

To ensure that legal obligations are met, and rights upheld, the safeguarding response should refer to the Modern Slavery: statutory guidance and seek legal advice as necessary.

5. Further Guidance and Resources

Modern Slavery and Exploitation Helpline

The Modern Slavery and Exploitation Helpline is provided by the anti-slavery charity Unseen. It can provide information and advice to professionals when an adult is at risk.

Helpline: 0800 0121 700 (open 24 hours a day, 365 days a year).

Unseen website: Unseen.

The government has also produced a range of downloadable leaflets that can be provided to potential victims of modern slavery. They are available in 11 languages.

See: Support for victims of modern slavery.

Support to understand and implement the statutory guidance

The Modern Slavery Unit can provide assistance and guidance about any aspect of the statutory guidance. They can be contact via email on: NRMReform@homeoffice.gov.uk.

Local Government Association guidance

This guidance is intended to help councils enhance their response to modern slavery. Alongside an overview of modern slavery and the UK framework for tackling it, there are targeted sections for officers working in different council services such as children’s services, adult social care, housing, community and regulatory services, as well as a section on supply chains.

See: Council guide to tackling modern slavery.

Training resources

The government has complied a resource designed to share examples of training products available to public sector professionals and other individuals that might come across victims to help raise awareness, better spot the signs and increase confidence in reporting modern slavery when potential cases are encountered.

See: Modern slavery training: resource page.