Modern Slavery

IBC Health Care

Scope

  • Policy Statement
  • Definitions of Modern Slavery
  • The Policy
  • Forced or Compulsory Labour
  • Debt Bondage
  • Human Trafficking
  • Child Labour
  • Compliance Requirements
  • Smaller Organisations
  • Signs of forced labour or trafficking
  • Restricted freedom
  • Behaviour
  • Working conditions
  • Accommodation
  • Finances
  • Appearance
  • Reporting
  • Related Policies
  • Related Guidance
  • Training Statement
  • Guidance for Writing a Statement
  • Information to Include
  • Small Businesses

Policy Statement

Modern Slavery is a crime which results in an abhorrent abuse of human rights. The Modern Slavery Act 2015 referred to as the “Act” created offences of slavery, servitude and financial or compulsory labour

We have in place

  • due diligence checks to identify and assess potential risk areas such as agency staffing
  • the monitoring of potential risks in our supply chains by checking our supplier’s commitment to Modern Slavery prevention
  • a robust recruitment and selection process to mitigate the risks of Modern Slavery entering our workforce

Definitions of Modern Slavery

Slavery, in accordance with the 1926 Slavery Convention, is the status or condition of a person over whom all or any of the powers attaching to the right of ownership are exercised. Since legal ownership of a person is not possible, the key element of slavery is the behaviour on the part of the offender as if he or she did own the person, which deprives the victim of their freedom.

Servitude in the obligation to provide services that is imposed by the use of coercion and includes the obligation of a “Serf” to live on another person’s property and the impossibility of changing his or her condition.

The Policy

Forced or Compulsory Labour

This is defined in international labour law by the International Labour Organisations (ILO) Forced Labour Convention 29 and Protocol. It involves coercion, either direct threats of violence or more subtle forms of compulsion. The key elements are that, work or service is exacted from any person under the menace of any penalty and for which the person has not offered him/herself voluntarily.

Debt Bondage

Victims of forced labour may also be victims of debt bondage, where they are tricked into working for little or no money to repay a debt.

An employer or controller will use different tactics to trap the victim in an endless cycle of debt which can never be repaid and may even be passed on to their families. Poverty, threats, violence, surveillance and imprisonment are used to make sure they cannot leave or get help. Debt bondage can also be a significant factor in human trafficking. Victims may be offered a job abroad with “free” transportation, or they may borrow money from the employer/controller for travel and a job-finding fee. Once they have arrived they then find the job either does not exist or is not what was originally offered, and are trapped trying to pay off the debt

Human Trafficking

An offence of human trafficking requires that a person arranges or facilitates the travel of another person with a view to that person being exploited. The offence can be committed even where the victim consents to travel. This reflects the fact that a victim may be deceived by the promise of a better life or job, or may be a child who is influenced to travel by an adult. In addition, the exploitation of potential victim does not need to have taken place for the offence to be committed. It means that the arranging or facilitating of the movement of the individual was with a view of exploiting them for sexual exploitation or non- sexual exploitation.

Child Labour

This is defined by the ILO as children under 12 years working in any economic activity, those aged 12-14 engaged in more than light work and all children engaged in the worst forms of child labour.

This policy is for adult providers only.

Compliance Requirements

The transparency in supply chains provision within the Act seeks to address the role of businesses, across all sectors preventing Modern Slavery in their supply chains and organisations. The following guidance sets out how businesses can meet these requirements, as set out in the Act.

There is a requirement that any commercial organisation, in any sector, which supplies goods and services, and carries on a business, or part of a business, in the UK and is above a specified total turnover, must produce a slavery and human trafficking statement for each financial year of the organisation.

Regulations have set the total turnover threshold at £36Million

The Statement must set out what steps they have taken during the financial year to ensure Modern Slavery is not occurring in their supply chains and in their own organisations.

The Act requires businesses to be transparent about what is happening within its business, therefore if the business has taken no steps to ensure slavery and human trafficking is not taking place they must still publish a statement stating this to be the case.

Failure to comply with the production of a Modern Slavery statement for a particular financial year could mean an injunction through the High Court (or In Scotland, court proceedings for specific performance of a statutory duty under Section 45 of the Court of Sessions Act 1998) requiring the organisation to comply. Failure to comply with the injunction is a contempt of a court order which is punishable by an unlimited fine. In practice, failure to comply with the provision will mean the organisation has not produced a statement or published it on their website in the relevant financial year.

Smaller Organisations

Where there is no requirement to produce a statement, organisations are encouraged to voluntarily produce a slavery and human trafficking statement, especially where they are contracting with organisations above the threshold. We, as a small provider may be asked to provide such a statement to commissioners of services, suppliers etc on our approach to Modern Slavery and find it helpful to have such a statement, hence this policy.

All businesses are encouraged by the Act to be open and transparent about recruitment practices, policies and procedures in relation to Modern Slavery and to take steps that are consistent and proportionate with their sector, size and operational reach.

Signs of forced labour or trafficking

There are several indicators of trafficking and forced labour. Not all of the indicators will apply in every case, and some may not be immediately apparent.

Victims may be reluctant to tell their story through fear of reprisal or not being believed, through a feeling of shame about letting themselves be treated in this way, or because they do not know their rights and the treatment they are entitled to receive.

There is no set number of signs that will indicate that a person is a victim of trafficking or subject to forced labour. One or a combination of factors could suggest a person is a potential victim, so each case should be considered on an individual basis.

Restricted freedom

  • Not be in possession of their passports or other travel or identity documents, as those documents are being held by someone else
  • Be unable to leave their work environment
  • Show signs that their movements are being controlled
  • Be unable to move freely
  • Be threatened with being handed over to the authorities
  • Be subject to security measures and controls to keep them on the work premises
  • Depend on their employer for work, transport and accommodation without any choice
  • Be controlled through religion, witchcraft, juju etc
  • have limited contact with their families or with people outside of their immediate environment
  • Be unable to communicate freely with others
  • Be forced to shop at a place they would not choose
  • Have no access to medical care
  • Be in a situation of dependence
  • Be given only leftovers to eat
  • Come from a place known to be a source of human trafficking
  • Be subjected to violence or threats of violence against themselves or against their family members and loved ones
  • Be found in or connected to a type of location likely to be used for exploiting people
  • Have false identity documents

Behaviour

  • Be unfamiliar with the local language
  • Act as if they were instructed by someone else
  • Allow others to speak for them when addressed directly
  • Be distrustful of the authorities
  • Be afraid of revealing their immigration status
  • Have limited or no social interaction either in the workplace or at their accommodation
  • Believe that they must work against their will
  • Never leave the workplace without their employer
  • Show fear or anxiety
  • Feel that they cannot leave
  • Have to resort to crime in order to get food or money for food
  • May need to scavenge for food
  • Be forced to commit crimes if there is no work available for them
  • Have acted on the basis of false promises

Working conditions

  • Have no contract
  • Be unable to negotiate working conditions
  • Be unable to choose when or where they work
  • Be forced to work under certain conditions
  • Work excessively long hours over long periods
  • Do not have any days off
  • Not be dressed adequately for the work they do: for example, they may lack protective equipment or warm clothing
  • Lack basic training or professional licences

Accommodation

  • Not know their home or work address
  • Not have been able to give their address to friends or relatives
  • Live in poor or substandard accommodation
  • Have no choice where they live or who they live with
  • Live in groups in the same place where they work and leave those places infrequently, if at all
  • Live in degrading, unsuitable places, such as agricultural or industrial buildings

Finances

  • Receive little or no payment
  • Have no access to their earnings
  • Be disciplined through punishment or fines
  • Be under the perception that they are bonded by debt
  • 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
  • Be told that they can pay debts for transport or accommodation when they are found work
  • Be charged for services they don’t want or need
  • Be forced to open bank accounts
  • Be forced to sign documents to receive social security benefits, credit agreements or loans

Appearance

  • Suffer injuries that appear to be the result of an assault
  • Suffer injuries or impairments typical of certain jobs or control measures
  • Suffer injuries that appear to be the result of the application of control measures

Reporting

When staff believe there is a possibility of a Modern Slavery situation, they must in the first instance report it to their manager who will then take it forward by reporting it to the helpline 08000121700 or report it online on the Modern Slavery helpline website

Related Policies

Adult Safeguarding

Confidentiality

Data Protection Legislative Framework (GDPR)

Good Governance

Recruitment and Selection

Safeguarding Children in an Adult Setting

Whistleblowing

Young People and Employment

Related Guidance

Training Statement

All staff, during induction are made aware of the organisations policies and procedures, all of which are used for training updates. All policies and procedures are reviewed and amended where necessary and staff are made aware of any changes. Observations are undertaken to check skills and competencies. Various methods of training are used including one to one, on-line, workbook, group meetings, individual supervisions and external courses are sourced as required.

As part of our Induction process staff are aware of the Modern Slavery Act and how to report any concerns. We also train our managers to ensure they understand their responsibilities and are carrying them out. Information and help can be accessed on the phone number and website above.

Policy Owner: HT

Reviewed By: AG

Approved By: AG

Date: March 2025

Next Review: March 2026