New anti-slavery laws introduced

Ministry of Justice, 26 March 2010

1. Section 71 of the Coroners and Justice Act 2009 introduces a new offence of holding someone in slavery or servitude, or requiring a person to perform forced or compulsory labour. The offence will apply to anyone holding a person in such circumstances and the maximum penalty is 14 years imprisonment. The offence must be interpreted in accordance with Article 4 of the European Convention on Human Rights. It comes into force on 6 April 2010.

2. Forced or compulsory labour will require a level of coercion or deception between the employer and the victim, beyond that which might be expected in a normal employment arrangement. The employer must know that the arrangement was oppressive and not truly voluntary, or must have turned a blind eye to that fact.

A number of factors may point to forced or compulsory labour. The kind of behaviour that might, of itself, amount to forced labour includes (but is not limited to):

* threats to report the worker to the authorities, for example because of the worker's immigration status or offences they may have committed in the past

* the person's documents, such as a passport or other identification, being withheld by the employer

* being forced to live or remain in a particular area, perhaps in poor accommodation

* debt bondage, where the victim is unable to pay off the debt

* not paying agreed wages.

* violence or threats of violence by the employer or the employer's representative

* threats against the worker's family

3. 'Servitude' is where a person is required to perform forced or compulsory labour and is also required to live on another person's property with the impossibility of changing his or her condition.

4. In line with the European Convention on Human Rights, the offence contains exceptions for labour that may be necessary to ensure public safety and the rights of others. Those exceptions are: work done in the course of lawful detention; military service; emergencies or life threatening situations; and work or service which forms part of normal civic obligations.

New laws which make it easier to prosecute those who exploit some of the most vulnerable people in society are about to come in to effect.

The new offence of holding another person in slavery or servitude, or requiring another person to perform forced or compulsory labour, is set out in the Coroners and Justice Act 2009. Those found guilty face a maximum penalty of 14 years in prison.

Justice Minister Claire Ward said:

'This change will give police and prosecutors an additional weapon in the fight against forced or compulsory labour - practices which have no place in modern Britain. We are determined to crack down on those who exploit some of the most vulnerable people in society.

'The victims are often migrant workers who may speak little English, be unaware of their employment rights, or not know how to report what is happening to them.

'The Government is today sending a clear message that anyone who forces another person to work without giving them the pay and conditions to which they are rightly entitled can be brought to justice.

'We are committed to a fair deal in the workplace and to tackling practices which are damaging to individuals, society, and ultimately British businesses who have to compete against such unfair practices.'

Human rights campaign group Anti-Slavery International welcomed the move.

Director Aidan McQuade said:

'Making forced labour and servitude criminal offences in the UK is a great act of leadership by the Government and the Ministry of Justice. Government listened to the concerns of civil society, public servants and parliamentarians and acted with this law to protect the most vulnerable workers from slavery in the factories, farms and even homes of this country.

'Parliament has now provided clear guidance to law enforcement and prosecutors on society's expectations of how they should act against perpetrators of these crimes. This is an example of politics at its best.'

Claire Ward reassured employers that the new legislation is aimed at people who exploit others, and is unlikely to impact on responsible employers who comply with current law.

She added:

'We are aware that in many sectors such as agriculture, construction or hospitality, low-cost, seasonal labour can be the lifeblood of a business. This new legislation is not specifically targeted at these industries, but applies across the board.

'Employers will need to comply with the new law. But if they already comply with existing employment law they're unlikely to have anything to worry about from the new offence.

'Forced labour requires a level of coercion or deception beyond that of a normal employment arrangement. For the new offence to apply, the employer must have known the arrangement was oppressive, or turned a blind eye to that fact.'
Notes to editors

5. A similar offence is currently being considered by the Scottish Parliament as part of the Criminal Justice and Licensing (Scotland) Bill.

6. Case study

Poulin, 35, is a domestic worker from India. She worked for an Indian businessman and his wife in London for 15 months from April 2007. She was finally able to escape her situation with the help of Kalayaan, an organization that supports migrant domestic workers in the UK.

'In India I worked eight hours a day and was paid overtime. In London I was expected to work all day every day. I was paid £50 a month. I was told by the wife of my employer that her family's domestic workers in India were allowed one day off a month, so that was all I could have too.

'I would get up at 6am and cook breakfast and lunch for my employer to take to work. I would then spend the whole day cleaning and washing before cooking again in the evening.

'The wife didn't work and wouldn't wake up till midday. She would shout at me for being too slow and was always ordering me around. I never had time to take a bath or sometimes even go to the toilet.

'I wasn't allowed to leave the house unless the family had guests. One time when they were having a party I stayed with friends. The wife tried to call at 4am to demand to know where I was. She was so angry she called home to tell my family and husband I had stayed out all night with my boyfriend. She called me "a characterless woman" and told me she was going to send me back to India. If I went back to India people would think the lies were true. I would have committed suicide if I had gone back.

'I tried to leave so I could find another employer, but she kept my passport. I went to Kalayaan to get help. After about ten days the wife of my employer started to say that I had stolen £2,000. Kalayaan got the police involved and I was able to get back my passport and prove I had never stolen any money.'

7. <>The Coroners and Justice Act 2009