What is modern slavery?

Modern Slavery is a term that covers a multitude of abuse, where an individual is taken advantage of for someone else’s personal, commercial, or criminal gain. Unfortunately, there have been cases of people who have come to work in the care industry in the UK who are experiencing modern slavery.

Common examples of modern slavery

• Had to pay fees during recruitment process.
• Been deceived about the nature of the job role, hours and pay.
• Worked excessively long hours.
• Received little or no pay.
• Paid less than hours worked.
• Been deducted money from pay for, for example, fees or accommodation.
• Been told money is owed to the employer.
• Had to work without the correct equipment or training.
• Felt trapped and unable to leave the job.
• Been forced to work through fear, threats of repercussions, (for example, loss of work, loss of job, reported to authorities).
• Been subjected to physical, verbal, or psychological abuse from employer.
• Been controlled (for example, no freedom of choice, being told what to say).
• Been asked to hand over, or not been in possession of own identity documents, including passport, visas, biometric residence permits (BRPs).
• Only allowed to stay in accommodation provided by employer (cannot choose where to live)
• Lived in overcrowded accommodation.
• Had to share a room with someone previously not known, and had no choice who to share with
• Been made to distrust authorities in the UK.

Ensuring compliance with employment rights for overseas care workers

As a care service employer employing overseas care workers in the UK, it’s essential to understand and uphold their employment rights. Here’s what you need to know:

• Employment Contracts: Ensure that each overseas care worker is provided with a clear employment contract outlining their terms of employment.

• Regular Payslips: Issue regular payslips to your overseas care workers, detailing any deductions for Tax and National Insurance if applicable.

• Minimum Wage: Ensure that your overseas care workers are paid in line with the legally required salary and hourly rates.

• Rest Breaks and Working Hours: Ensure that your overseas care workers receive a 20-minute uninterrupted rest break if they work more than 6 hours in a day. Additionally, ensure there is at least 11 hours of rest between consecutive working days.

• Days Off and Holidays: Guarantee that your overseas care workers receive at least one full day off each week or two full days off every two weeks. They should also be entitled to at least 5.6 weeks of paid holiday per year, prorated as necessary.

• Deductions: Only make permissible deductions from your workers’ salaries, including Tax, National Insurance, Pension contributions, and accommodation costs if provided by your organization. All deductions must be agreed upon and clearly stated on their payslips.

By ensuring compliance with these employment rights, you can create a fair and supportive working environment for your overseas care workers.

Additional work guidelines

• Sponsored employees are allowed to engage in additional work, including voluntary work, for a maximum of 20 hours per week.
• This represents the maximum weekly hours permitted and cannot be averaged over multiple weeks.
• Additional work must be undertaken while still fulfilling the primary sponsored role. 
• The additional role must either align with the same occupation code and job level as the primary sponsored job or be listed on the Shortage Occupation List.

Unlawful practice: charging sponsored workers for sponsorship costs

It’s important to note that sponsored employees cannot be compelled to repay any of the costs associated with their sponsorship that the employer is obligated to cover. If an employer is found to have unlawfully required employees to cover these expenses, serious consequences may ensue.

• Home Office Action:  This could include suspension or even revocation of the employer’s sponsorship licence.

• Impact on Workers: In the event of a sponsorship licence suspension, sponsored employees can continue working, and their rights remain unaffected until the suspension is lifted. However, if the employer’s sponsorship licence is revoked, the employees’ Certificates of Sponsorship are invalidated.

• Exiting the UK: In case of licence revocation, affected employees have 60 days from the cancellation date to depart from the UK, unless they secure new sponsorship and submit a fresh visa application to remain in the country.

Legal consequences of modern slavery breaches

• Civil penalty: Up to £20,000 per worker for inadvertently employing an illegal worker (this figure is set to increase)
• Criminal sanction: Unlimited fine and/or up to 5 years in prison for willfully employing an illegal worker
• Breach of modern slavery laws: Maximum sentence of 10 years in prison
• Ignorance is not a valid defense

If you are concerned about the possibility of modern slavery within your organisation, we would recommend seeking legal advice.

Reporting concerns about abuse of foreign workers

Contact the Police: If you believe there is an immediate danger or you witness a crime, call the police emergency number (999) right away. For non-emergencies, you can contact your local police station or the non-emergency number (101).

Report to Modern Slavery Helpline: You can report your concerns to the Modern Slavery Helpline at 0800 0121 700. The helpline is available 24/7 and operated by trained specialists who can provide advice, support, and guidance.

National Referral Mechanism (NRM): The NRM is a process for identifying and supporting potential victims of modern slavery. If you suspect someone is a victim, you can make a referral to the NRM through the Home Office, law enforcement, or a designated organization. The NRM referral form can be completed online.

Gangmasters and Labour Abuse Authority (GLAA): If the exploitation involves labor abuse or workers’ rights violations, you can report it to the GLAA. They investigate and take action against businesses or individuals exploiting workers.

Unseen UK report highlights extent of modern slavery crisis

Unseen UK’s latest report sheds light on the alarming rise of modern slavery within the care sector. The report underscores the urgent need for enhanced oversight, ethical recruitment practices, and collaborative action to address this crisis and protect the rights of care workers. 

Further information & resources

National Care Forum’s Pastoral Care Guide for International Recruitment.

Skills for Care’s Modern Slavery features videos explaining how to understand the risks and what actions to take to protect employees.

Unseen UK is a prominent charity fighting modern slavery and human trafficking. 

FLEX (Focus on Labour Exploitation) paper Joint Position Paper on Preventing Exploitation in the Adult Social Care Sector underscores the urgent need for policy reforms to mitigate the exploitation of migrant care workers.

CQC’s Regulatory Position on Modern Slavery explains how it can use its regulatory powers under the Health and Social Care Act 2008 to tackle modern day slavery. Under the new assessment framework, the CQC evaluates how providers manage the risks associated with modern slavery and ensure the well-being of internationally recruited staff.