Calls continue to grow for the UK to overhaul its modern slavery regime and impose greater obligations on businesses.

In recent weeks, a series of reports have been published drawing attention to both the scale of modern slavery in the UK and the inadequacy of existing measures to address it. A recent report by the Independent Anti-Slavery Commissioner (IASC), set out a stark picture of how – unless urgent action is taken – the problem may evolve and worsen, aided in part by developments in technology such as AI and new digital platforms which “are transforming how traffickers identify, recruit, and control victims at scale”.

While some of the action can only be taken at a global level, the IASC is clear that much more can be done in the UK, including the adoption by the Government of a Modern Slavery Strategy and the strengthening of law enforcement capability. In addition, the IASC reiterates its calls – echoed in a recent report by the social business Catch22 – for the Modern Slavery Act 2015 (MSA) to be replaced.

At the end of last year, the IASC published a separate report on what a new legislative framework might look like, complete with a draft ‘Forced Labour and Human Rights Bill’. The central feature of this proposed new regime would be to bring the UK in line with its international partners by replacing the existing system under section 54 of the MSA which requires businesses to publish an annual statement on the steps they are taking to address modern slavery with so-called ‘Mandatory Human Rights Due Diligence’.

Under the regime proposed by the IASC (which closely mirrors recent recommendations from Catch22), businesses meeting existing thresholds under the MSA, together with public sector organisations, would be required to undertake reasonable human rights due diligence to identify, prevent, and mitigate harms. What constitutes reasonable due diligence would be set out in guidance but would depend on factors such as the organisation’s size, its resources, and the sector in which it operates.

Accompanying these new obligations would be the introduction of civil and regulatory liability for failing to prevent serious human rights harms. In cases of especially flagrant breaches, the IASC also proposes criminal liability, including for senior managers. At the same time, a ban would be introduced on goods tainted by forced labour being made available on the market or exported from the UK, and a new disclosure and reporting regime would be introduced with penalties for non-compliance.

While the Government has not indicated that it intends to act in this area in the immediate future, the growing clamour for change from business, charities, specialist organisations, and parliamentary committees may ultimately prove irresistible.

The IASC’s report ‘Anticipating Exploitation’ can be found here. Catch22’s report, ‘Decade of Dignity: A Strategic Vision for Eradicating Modern Slavery in the UK’ can be found here.