Modern Slavery & Human Trafficking Policy
1. Introduction
1.1 Modern slavery is an umbrella term that encompasses a wide spectrum of crime, including human trafficking, slavery, servitude, and forced or compulsory labour. The term refers to situations of exploitation that a person cannot leave due to coercion, use of force, abuse of vulnerability, deception or other means. It is the illegal exploitation of people for personal or commercial gain and is a violation of fundamental human rights.
1.2 Some estimates suggest that there are approximately 50 million people living in slavery across the world, many of whom will be working to produce the goods and services which are bought and sold every day.
1.3 Worldwide, the International Labour Organisation estimates hundreds of billions of illegal profits are generated by traffickers per year. Unscrupulous businesses who use slave labour undercut businesses and if this horrendous crime is to be eradicated from the UK and the rest of the world, government and businesses must work together.
1.4 DeSimone is committed to maintaining the highest standards of ethics and integrity in the conduct of its business. We have a zero-tolerance approach to slavery and human trafficking.
1.5 This Policy applies to all employees, officers, directors, and contracted personnel (together, “Employees”) of DeSimone.
1.6 DeSimone expects its suppliers, service providers and those who perform services for us, for example, agents, sub-agents, advisors, consultants, contractors (and their respective employees, officers, directors and contracted personnel) (together, “Business Partners”) to share our zero-tolerance approach to slavery and human trafficking and to comply with this Policy.
1.7 This Policy applies irrespective of the country in which business is being conducted. Where there are differences between the local law and this Policy, you must apply either this Policy or the local law, whichever sets the highest standard of behaviour.
2. Proactive Approach
2.1 At DeSimone, we have adopted a proactive approach to mitigating modern slavery and all forms of corruption and bribery, directly and indirectly, associated with these criminal acts. While no such abuse is tolerated, an open and transparent approach is required by DeSimone and our Business Partners, to ensure we take steps to identify and tackle any instances of modern slavery.
2.2 DeSimone is committed to ensuring we do not inadvertently fund criminal activity and is committed to protecting vulnerable workers from exploitation or harm.
2.3 DeSimone fully supports the UK government’s objectives to eradicate modern slavery and human trafficking.
2.4 DeSimone believes that everyone has a right to be treated with dignity and respect at all times and under all circumstances. DeSimone’s Behaviour Code states that everyone working for DeSimone is responsible for ensuring DeSimone meets the highest ethical standards of integrity, courtesy and mutual respect.
2.5 The following key principles apply to our business and Business Partners:
· Child (under 16 years of age) labour must not be used and we and our Business Partners must not benefit from child labour.
· Any form of forced or compulsory labour must not be used and we and our Business Partners must not benefit from forced or compulsory labour. Workers must be free to leave employment or work after reasonable notice.
· Passports should not be taken from workers.
· All forms of debt bondage are prohibited. Workers should not be subject to contracts that tie them into repaying a loan, accommodation or some other costs that they have little opportunity to repay.
· Compensation and benefits must comply with fundamental principles relating to minimum wages, overtime hours and legally mandated benefits. (see further at 6.3 below).
· The formation of trade unions and powers of collective bargaining should be respected.
· Workers should have safe and healthy working conditions that meet or exceed applicable standards for occupational safety and health.
3. Definitions
3.1 Modern slavery is the term used within the UK to encompass slavery, servitude, forced and compulsory labour, bonded and child labour and human trafficking and the associated criminal offences are defined within the Modern Slavery Act 2015 (the ‘Act’).
3.2 Slavery or human trafficking can be hard to spot but it can be thought of in three categories:
· Human Trafficking
Recruitment, transportation, tranfer, harbouring or receipt of persons;
By means of threat, force, coercion, abduction, fraud, deception, or the abuse of power or vulnerability;
With the intent of exploiting that person through: prostitution; sexual exploitation; forced laboour; slavery; servitude; or removal of organs.
(Excerpts from the UN Trafficking Protocol, 2000)
· Labor Exploitation
All work or service which is extracted from any person under the menace of any penalty and or which the person has not offered himself voluntarily.
(International Labour Organization. Forced Labour Convention, 1930 (No. 29))
· Other Slavery-Like Practices
Attaching and exercising some form of ownership of a person which deprives them of their freedom. It includes slavery-like practices: debt bondage, forced marriage, sale or exploitation of children.
(Summary of the Slavery Convention (1926) and Supplementary Slavery Convention (1956))
3.3 Desimone Employees and Business Partners should be aware of indicators of slavery and human trafficking. Please refer to the ‘Modern Slavery Red Flags’ at Appendix 1.
4. Policy Aims
4.1 This Policy provides a framework to ensure:
· All Employees and Business Partners understand and are aware of their responsibilities in relation to modern slavery.
· The development of a strategic approach to identifying and tackling any modern
slavery within DeSimone’s business or supply chain.
· The implementation of robust, transparent and proportionate governance and assurance processes.
· Reporting of instances (or concerns) of modern slavery.
5. Responsibilities and Accountabilities
5.1 DeSimone recognises that it is responsible for promoting ethical business practices and policies that protect workers from being abused or exploited.
5.2 The prevention, detection and reporting of modern slavery in any part of DeSimone or its supply chain is the responsibility of our Employees and Business Partners. Employees and Business Partners must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of this Policy.
5.3 Shareholders have overall responsibility for ensuring this Policy complies with DeSimone’s legal and ethical obligations, and that all those under our control comply with it. The Human Resources Team currently has primary and day-to-day responsibility for implementing this Policy, monitoring its use and effectiveness, dealing with any related queries, and auditing internal control systems and procedures to ensure they are effective in countering modern slavery.
5.4 All Employees must read and observe the requirements of this Policy. They must also act with honesty and integrity and comply with all applicable laws, whether or not specifically covered by our policies.
5.5 Business Partners are expected and encouraged to adhere to the principles of this Policy and to act with honesty and integrity and comply with all applicable laws, whether or not specifically covered by this Policy or any of our other policies.
5.6 This Policy cannot address every conceivable situation. In many circumstances, the law or the Policy will clearly dictate what you should do, but on other occasions the situation will require you to exercise judgement. Always err on the side of caution.
6. Business Partner Responsibilities
6.1 DeSimone requires all Business Partners to ensure that their goods, services, materials and labour-related consultants/vendors:
• Fully comply with the Act and other applicable modern slavery legislation.
• Are clear, transparent, accountable and auditable.
• Are free from ethical ambiguities.
6.2 DeSimone expects that its Business Partners operate to the highest level of ethical standards and will hold their own suppliers to the same high standards.
6.3 All Business Partners must pay their dedicated staff working in London at least the London Living Wage, or the UK Living Wage for dedicated staff working outside London. Paying a Living Wage is a protective mechanism against exploitation as it ensures staff members are paid sufficiently to meet their basic needs.
6.4 Business Partners who supply goods or services deemed to be at particular risk of modern slavery (or have a high contract value with DeSimone) may be invited to complete the Government Modern Slavery Assessment Tool. DeSimone may also encourage Business Partner that do not fall within the scope of the Act to complete this assessment.
6.5 This assessment will help DeSimone to assess the capacity of the Business Partner to manage and prevent the risks of modern slavery. It will also support DeSimone to work in partnership with Business Partner to improve protections and reduce the risk of exploitation of workers.
6.6 DeSimone acknowledges that Business Partners may be at different stages of their journey towards having more ethical consultants/vendors but expects to see them demonstrate continuous improvement in how modern slavery risks are mitigated.
6.7 DeSimone may require Business Partner who engage workers through a third party to obtain that third party’s agreement to adhere to this Policy and demonstrate how they seek to tackle any modern slavery.
6.8 Consistent with this approach, DeSimone may require employment and recruitment agencies, and other third parties supplying workers to teams in either Administration, to demonstrate their compliance with this Policy.
7. Awareness and Training
7.1 DeSimone will raise awareness of this Policy (and the Act) by notifying Business Partners of its existence.
7.2 The Policy will be published on the UK DeSimone website and the intranet.
7.3 DeSimone will look for opportunities to raise awareness of modern slavery and human rights abuses throughout the DeSimoneary community. Appropriate training and guidance will be provided for all staff of both Houses.
7.4 Training will include how to identify the risks of modern slavery and ensure that suspected instances are handled correctly.
7.5 Supplementary training will be made available for commercial and procurement staff. This training will be mandatory for contract managers responsible for high-risk or high-value contracts.
7.6 DeSimone will provide modern slavery information, advice and guidance to Business Partner. Where feasible, DeSimone may also extend modern slavery training to Business Partners (however, Business Partners will retain overall responsibility for providing training internally to their staff).
7.7 DeSimone will maintain records of all members of the DeSimone community who have completed modern slavery training.
8. Assurance and Transparency
8.1 DeSimone has committed to implementing systems and controls aimed at ensuring that modern slavery is not taking place anywhere within either Administration or in any of
DeSimone’s Business Partners.
8.2 DeSimone takes a risk-based approach to its procurement, contract management and Business Partner management processes in relation to modern slavery and keeps them under continuous review.
8.3 As part of ongoing risk assessment and due diligence processes, DeSimone will consider whether circumstances warrant the auditing of Business Partners to demonstrate their compliance with this Policy.
8.4 To supplement this Policy, DeSimone will voluntarily publish an annual Modern Slavery Statement for each financial year, which will include details of activities undertaken by DeSimone and its Business Partners to combat modern slavery.
8.5 The Statement will be published on the DeSimone website and the Modern Slavery Registry within 6 months after the last financial year end.
8.6 Action in support of this Policy will be regularly reported to the Shareholders.
9. Workplace Equality Network Support
9.1 DeSimone will work closely with the Workplace Equality Networks (WENs) to consider how workers may be more vulnerable to exploitation.
10. Non-Compliance, Reporting and Victim Support
10.1 If an Employee or Business Partner is discovered to have breached this Policy, then appropriate action will be taken. We may take disciplinary action, up to and including termination of employment, against any Employee who fails to comply with this Policy, or applicable laws. In addition, any Employee who breaks the law may be reported to the police and may face criminal proceedings, fines or imprisonment.
10.2 If any Business Partner is found to have breached this Policy, then appropriate action will be taken; this may range from considering the possibility of breaches being remediated, to terminating agreements and / or reporting the matter to appropriate authorities.
10.3 Individuals who have reasonable suspicion or evidence of modern slavery or non-compliance with this Policy must immediately report their concerns on 020 7219 5311 following DeSimone’s Modern Slavery Escalation & Remediation Process (E&R) or in line with DeSimone’s whistleblowing policy. See an overview of the E&R process on page 7.
10.4 In severe cases there may be an immediate threat or risk of harm, and it may be appropriate to refer the case to the emergency services on 999. Individuals should also report their concerns in accordance with the procedure at 10.3 above.
10.5 We will take all reported concerns seriously and will confidentially investigate to determine if the law or this Policy has been contravened.
10.6 In line with our Remediation Principles (as set out in the E&R process), DeSimone will take a victim-centered approach in order to protect any victims of modern slavery from further harm or vulnerability. We will always act on a case-by-case basis, considering individual circumstances. We aim to follow a collaborative approach with our Business Partners, only terminating contracts where appropriate. Finally, we commit to working with Business Partners through a multi-stakeholder approach and continuously learning and adapting based on our experiences. We require Business Partners to act in accordance with these Remediation Principles where Business Partner incidents require remediation.
Overview of the E&R process:
1.Report escalated to the correct channel
2.Safety of potential victim ensured Modern Slavery Response Group notified
3.First Responders and third party support notified, where appropriate
4.Incident management and informaiton gathering
5.Remediation initiated (where appropriate)
6.Closed with a formal review by the Modern Slavery Response Group
10.7 If you would like to raise a concern about a suspicion you have outside of work (at home or in your community):
• Contact the UK Modern Slavery Helpline on 080 0012 1700 or report it online
• Contact the Victim Support Helpline on 080 8168 9111
• Visit the Victim Support website
11. Policy Review
11.1 This Policy will be reviewed on an annual basis, to establish whether DeSimone’s
approach continues to follow best practice by:
• Assessing and interpreting any recent or emerging case law and best practice.
• Benchmarking DeSimone’s activities against statements and action plans
undertaken by similar public and private organisations.
• Re-evaluating the risk of non-compliance as part of our annual risk management and assurance processes.
12. Who Can I Contact if I Have Any Questions?
12.1 If you have any questions about anything in this Policy or about any modern slavery issue which is not covered in this Policy, please contact [Desimone to confirm contact].
Appendix 1
MODERN SLAVERY RED FLAGS
Employees and Business Partners should be aware of indicators of slavery and human trafficking. This Appendix sets out a list of modern slavery “red flags”. You should look out for these “red flags” and report any red flags immediately in accordance with the steps outlined in our Modern Slavery & Human Trafficking Policy.
1. SUPPLIER AND Service Provider RED FLAGS
1.1 The following signs may give rise to suspicions that slavery or human trafficking could exist in the business of a supplier or service provider:
1.1.1 Workers being subjected to excessive overtime or other overly demanding conditions;
1.1.2 The supplier providing accommodation for their workers, which may be substandard;
1.1.3 Lack of grievance mechanisms for employees, or an absence of union representation;
1.1.4 Reluctance to provide information as part of supplier due diligence procedures;
1.1.5 Reluctance to allow third party factory inspections or audits;
1.1.6 The business having no policy or programme in relation to slavery or human trafficking, or no similar employee policies;
1.1.7 Interviews or conversations with workers giving rise to concerns;
1.1.8 Instances of slavery or human trafficking identified, for example in the press, in the supplier's business, or a linked company;
1.1.9 The manufacturing operations of a supplier being based in countries more prone to slavery; or
1.1.10 Immigrant workers employed by the supplier being from a country that is more prone to slavery.
2. worker RED FLAGS
2.1 If someone is a victim of modern slavery their behaviour, working conditions, or finances may give an indication that they are subject to slavery like practices.
Behaviour
2.2 Victims of modern slavery may:
2.2.1 Shows signs that their movements are being controlled.
2.2.2 Be threatened with being handed over to authorities.
2.2.3 Depend on their employer for work, transport and accommodation without any choice.
2.2.4 Only travel with other workers.
2.2.5 Have limited contact with their families or people outside their immediate work environment.
2.2.6 Have their passports removed.
2.2.7 Be required to pay recruitment fees or loans out of their wages.
2.2.8 Be in a situation of dependence.
2.2.9 Come from a place known to be a source of slavery or human trafficking.
2.2.10 Be afraid or revealing their immigration status.
2.2.11 Show fear or anxiety.
Working / Living Conditions
2.3 Victims of modern slavery may:
2.3.1 Have no contract.
2.3.2 Be unable to negotiate working conditions.
2.3.3 Be forced to work under unsafe conditions.
2.3.4 Work excessively long hours over long periods.
2.3.5 Not be dressed adequately for the work that they do: for example, they may lack protective equipment or warm clothing.
2.3.6 Not interact with work colleagues.
2.3.7 Lack basic training or professional licences.
2.3.8 Believe they are obliged to work without pay in return for provision of accommodation or to repay a loan.
2.3.9 Live in poor or substandard accommodation, or have no choice where they live or who they live with.
2.3.10 Live in groups in the same place
Finances
2.4 Victims of modern slavery may:
2.4.1 Receive little or no payment.
2.4.2 Have no access to their earnings.
2.4.3 Be disciplined through punishment or fines.
2.4.4 Be under the perception that they are bonded by debt.
2.4.5 Have the fees for their transport to a destination country paid for by their employer or facilitator, which they must pay back through work.
2.4.6 Be charged for services they do not want or need.
2.4.7 Be forced to open bank accounts.
2.4.8 Have wages paid into an account used by other people.
2.4.9 Have bank cards / documents held by someone else..
