1 Scope
This policy applies to all employees and members, locums and consultants of Hudgells (we/us/the Company) and covers both our internal operations and our engagement with third parties including, but not limited to, suppliers.
2 Policy
2.1 We are regulated by the Solicitors Regulation Authority. In order to comply with the SRA Standards and Regulations 2019, for this policy, we recognise the importance of Principle 1 (acting in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice), Principle 2 (acting in a way that upholds public trust and confidence in the solicitors’ profession and in legal service provided by authorised persons), Principle 4 (acting with honesty), and Principle 5 (acting with integrity). We also ensure that we comply with Rule 1.2 and Rule 7.1 of the SRA Code of Conduct 2019 for Solicitors, RELs and RFLs, and that the Firm complies with Rule 1.2, Rule 2.1 and Rule 3.1 of the SRA Code of Conduct 2019 for Firms.
2.2 We do not tolerate the use of modern slavery or human trafficking anywhere within our organisation
or in any of our supply chains.
3 Modern Slavery and Human Trafficking
3.1 Modern slavery is a crime resulting in unacceptable abuse of human rights. The Modern Slavery Act (MSA) 2015 consolidates slavery and trafficking offences. It covers four activities:
3.1.1 Slavery – exercising powers of ownership over a person.
3.1.2 Servitude – where the obligation to provide services is imposed by the use of coercion.
3.1.3 Forced or compulsory labour – where work or services are exacted from a person under the menace of any penalty and for which the person has not offered themselves voluntarily.
3.1.4 Human trafficking – arranging or facilitating the travel of another person with a view to their exploitation.
3.2 The MSA 2015 ensures that offences are subject to the toughest asset recovery regime under the Proceeds of Crime Act 2002. The National Crime Agency, the police and other law enforcement agencies have the power to bring to justice those engaged in human trafficking and slavery. Modern slavery is a complex and multi-faceted crime and tackling it requires all partners and staff to play a part. Protecting our workforce and reputation is vital. The MSA 2015 highlights the important need for businesses, and therefore the firm, to play a part in tackling slavery.
4 Identifying Slavery or Human Trafficking
4.1 There is no typical victim of slavery or human trafficking and some victims do not understand that they have been exploited and are entitled to help and support. The following list of indicators, which is not exhaustive, could trigger suspicions that someone may be a slavery or trafficking victim:
4.1.1 The person may not be in possession of their own passport, identification or travel
documents.
4.1.2 The person allowing others to speak for them even when spoken to directly.
4.1.3 The person is withdrawn or appears frightened or is acting as though they are being
instructed or coached by someone else.
4.1.4 The person does not seem to be able to freely contact friends or family.
4.1.5 The person has limited social interaction or contact with people outside their immediate
environment.
4.1.6 The person is dropped off at and collected from work.
4.2 A person may display a number of the indicators as set out above but they may not necessarily be a victim of slavery or trafficking. Often you will build up a picture of the person’s circumstances which may indicate something is not quite right.
4.3 If you have a suspicion, report it (see clause 12).
5 Responsibilities and Commitments
5.1 All colleagues have a responsibility to ensure all colleagues and employees of suppliers are safeguarded, treated fairly and with dignity.
5.2 We will:
5.2.1 Maintain clear policies and procedures preventing exploitation and human trafficking, protecting our colleagues, suppliers and our reputation.
5.2.2 Be clear about our own recruitment.
5.2.3 Check our supply chains.
5.2.4 Make appropriate checks on all colleagues, recruitment agencies, suppliers etc.
5.2.5 Not engage with any suppliers who have failed to provide satisfactory assurances with regard to their own approach to tackling modern slavery.
5.2.6 Have an open and transparent grievance procedure in place for all colleagues.
5.3 Supervisors and line managers will:
5.3.1 Listen and be approachable to colleagues.
5.3.2 Respond appropriately if they are told something that might indicate a colleague is in an exploitive situation.
5.3.3 Remain alert to indicators of slavery or human trafficking
5.3.4 Raise awareness by discussing issues.
5.3.5 Use their experience and professional judgement to gauge situations.
5.4 Colleagues will follow the reporting procedure (see Reporting below) if:
5.4.1 There is any suspicion of a colleague or someone in our supply chain being controlled or
forced by someone else to work or provide services.
5.4.2 A colleague tells them something that may indicate they are or someone else is being exploited or ill-treated.
6 Risk
6.1 The principal areas of risk we face, related to slavery and human trafficking, include, but are not
limited to, issues arising out of:
6.1.1 Supply chains.
6.1.2 Outsourced activities.
6.1.3 Cleaning and catering supplies.
6.1.4 Corporate hospitality.
6.1.5 Recruitment through agencies.
6.1.6 General recruitment.
6.2 We acknowledge that any criminal behaviour that is identified as a result of our anti-money laundering procedures may also have a slavery and human trafficking consideration. We will ensure appropriate steps are taken in line with our reporting obligations under this policy.
7 Supply Chains
7.1 Supply chains will be checked to ensure the potential for slavery and human trafficking does not exist. We will establish who is providing goods and services to us and we will carry out due diligence on all suppliers and conduct a risk assessment before engaging.
7.2 Companies with which we do business will be informed that we will not accept any form of
exploitation.
8 Recruitment using Agencies
We will only use reputable recruitment agencies. We will thoroughly check recruitment agencies before approving them. These checks will include:
8.1 Formal terms and conditions.
8.2 Ensuring the candidates an agency provides have the appropriate paperwork e.g. work visas.
9 General Recruitment
9.1 We ensure that all colleagues have a written contract of employment and that they have not had to pay any direct or indirect fees to obtain work.
9.2 We always ensure that all colleagues are legally able to work in the UK and we will check the names and addresses of our colleagues (a number of people listed at the same address may indicate high shared occupancy which is often related with those being exploited).
9.3 We will provide all new recruits with information on their statutory rights, including sick pay, holiday pay and any other benefits they may be entitled to.
9.4 If, through the recruitment process, there is suspicion that someone is being exploited, the HR department will report their suspicions to Risk & Compliance and in accordance with clause 12.
10 Training
We will continue to ensure that those people who are involved in procurement and recruitment roles receive training on a risk-based basis, or as the need is identified. All colleagues are encouraged to identify and report any potential breaches of this policy.
11 Monitoring
We will monitor our procedures and review this policy at least annually. We will provide information and training, if necessary, on any changes which are made.
12 Reporting Procedure
12.1 We encourage anyone affected by modern slavery or human trafficking, or anyone with concerns that someone within our organisation, supply chain or business associates is affected by modern slavery and human trafficking to speak up.
12.2 If you think that someone is in immediate danger – call 999.
12.3 If the victim is not in immediate danger – Be aware that not all victims want to be helped and there may be instances where reporting a suspected human trafficking case puts the potential victim at risk. Therefore, it is important that in the absence of immediate danger you raise any concerns or suspicions as soon as possible with Risk & Compliance or the COLP before taking any further action who will decide a course of action and provide further guidance and advice.