With the effective abolition of slavery in the UK over 200 years ago it is somewhat disconcerting to find that that a new law has now been found necessary to prevent slavery but as from 6 April 2010 that is what has happened. A new offence of holding another person in slavery or servitude, or requiring another person to perform forced or compulsory labour, carries a maximum penalty of 14 years in prison. The legislation is designed to protect vulnerable people such as migrant workers with little English, those unaware of their employment rights, or those unable to report what is happening to them.
Provision in the Coroners and Justice Act 2009 makes it an offence for a person (A) to hold another person in slavery or servitude, or require them to perform forced or compulsory labour about which A knows or ought to know. Holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour is to be construed in accordance with Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labour. The offence will apply to anyone who holds a person in such circumstances, not just employers – so henchmen will be guilty. Although the pre-exising law already covered trade in slaves and trafficking people for labour exploitation, the new law will apply where no trafficking or trading is involved, making clear that holding a person in slavery is also an offence.
The Government has reassured employers that the new legislation is unlikely to affect those who comply with current employment law as ‘forced labour requires a level of coercion or deception beyond that of a normal employment arrangement’. In the Government's view, factors that may suggest forced or compulsory labour include the worker's documents, such as a passport, being withheld by the employer; the worker being forced to live or remain in a particular area, perhaps in poor accommodation; and the employer not paying agreed wages.
