Prohibition of Slavery and Forced Labour in UK Law

In this Topic
Leading Cases
  • Sepet and Another v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 11 May 2001

    Next I should emphasise that it is plain (indeed uncontentious) that there are circumstances in which a conscientious objector may rightly claim that punishment for draft evasion would amount to persecution: where the military service to which he is called involves acts, with which he may be associated, which are contrary to basic rules of human conduct; where the conditions of military service are themselves so harsh as to amount to persecution on the facts; where the punishment in question is disproportionately harsh or severe.

  • William Connors and Others v R
    • Court of Appeal (Criminal Division)
    • 26 Mar 2013

    Sentences in this class of case must make clear, not merely that the statutory minimum wage should not be undermined, but much more important, that every vulnerable victim of exploitation will be protected by the criminal law, and they must also emphasise that there is no victim, so vulnerable to exploitation, that he or she somehow becomes invisible or unknown to or somehow beyond the protection of the law.

  • R v Sk
    • Court of Appeal (Criminal Division)
    • 08 Jul 2011

    Where "forced or compulsory labour" is concerned, the menace of a penalty can be exerted in various ways. Constraint can be mental or physical. Where it is alleged that one person has been compulsorily employed by another, the level of pay he or she has received, if any, may have evidential importance. It may point to coercion; it may bear on an employee's ability to escape from his or her employer's control. On its own, however, a derisory level of wages is not tantamount to coercion.

  • Sepet v SSHD
    • House of Lords
    • 20 Mar 2003

    There is compelling support for the view that refugee status should be accorded to one who has refused to undertake compulsory military service on the grounds that such service would or might require him to commit atrocities or gross human rights abuses or participate in a conflict condemned by the international community, or where refusal to serve would earn grossly excessive or disproportionate punishment: see, for example, Zolfagharkhani v Canada (Minister of Employment and Immigration) [1993] FC 540; Ciric v Canada (Minister of Employment and Immigration) [1994] 2 FC 65; Canas-Segovia v Immigration and Naturalization Service (1990) 902 F 2d 717; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras 169, 171.

    The decision-maker will begin by considering the reason in the mind of the persecutor for inflicting the persecutory treatment. That reason would, in this case, be the applicants' refusal to serve in the army. On the facts here, that would not be a tenable view, since it is clear that anyone refusing to serve would be treated in the same way, whatever his personal grounds for refusing.

  • Jugnauth v Ringadoo
    • Privy Council
    • 04 Nov 2008

    It seems to be clear too that any time spent in custody prior to sentencing should be taken fully into account, not simply by means of a form of words but by means of an arithmetical deduction when assessing the length of the sentence that is to be served from the date of sentencing.

  • R (Reilly and Another) v Secretary of State for Work and Pensions
    • Supreme Court
    • 30 Oct 2013

    Fairness therefore requires that a claimant should have access to such information about the scheme as he or she may need in order to make informed and meaningful representations to the decision-maker before a decision is made. Such claimants are likely to vary considerably in their levels of education and ability to express themselves in an interview at a Jobcentre at a time when they may be under considerable stress.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... provision about slavery, servitude and forced or compulsory labour and about human trafficking, ... or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions ......
  • Human Trafficking and Exploitation (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ...... provision about human trafficking and slavery, servitude and forced or compulsory labour, ... . . (b) each prohibition or. requirement in the order is necessary for ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ...... . (2) In section 47 (prohibition of the carrying of offensive weapons)-. . . (a) ... Slavery, servitude and forced or compulsory labour ......
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......insurrection. Article 3 . Prohibition of torture . Prohibition of torture. . No one ...Article 4 . Prohibition of slavery and forced labour . SCH-1.1 .   . 1. No one ......
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Books & Journal Articles
  • ‘Am I Free Now?’ Overseas Domestic Workers in Slavery
    • Núm. 42-3, Septiembre 2015
    • Journal of Law and Society
    This article examines United Kingdom overseas domestic worker and diplomatic domestic worker visas in place since 2012. These visas tie workers to an employer by making it unlawful for them to chan...
    ...... whether the visa is contrary to the prohibition of slavery, servitude, forced and compulsory ... University of Oxford, UCL, and the London Labour Law Discussion Group. ß 2015 The Author. Journal ......
  • Badges of Modern Slavery
    • Núm. 79-5, Septiembre 2016
    • The Modern Law Review
    Notwithstanding the 19th century formal abolition of slavery as legal ownership of people, modern slavery and forced labour have not been consigned to the past. In fact, their existence is more wid...
    ...... ownership of people, modern slavery and forced labour have not been consigned to the past. In ...Prohibition on vagrancy or begging in England and the United ......
  • Leveraging International Legal and Human Rights Mechanisms: Efforts to End Forced Labour in Burma/Myanmar
    • Núm. V-II, Julio 2018
    • SOAS Law Journal
    • Rachel Fleming
    ...... origins of the interrelated legal concepts of slavery and forced labou r, with a partic ular focus on the unusual ... of Inquiry concluded: [A]ny person who violates the prohibition of recourse to forced labour under the Convention is ......
  • Human trafficking and forced labour. A criticism of the International Labour Organisation
    • Núm. 16-2, Mayo 2009
    • Journal of Financial Crime
    • 160-165
    Purpose: During the last ten years, the International Labour Organisation (ILO), and some other international organizations, have increasingly addressed human trafficking from a “forced labour” per...
    ...... of trafficking in persons, imprisonment in sweatshops and the slavery-like conditions on some plantations and even in private homes ... ILO related to child exploitation, Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child ......
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Law Firm Commentaries
  • Modern slavery directors personally liable for employee exploitation
    • JD Supra United Kingdom
    The High Court has held a company’s officers personally, jointly and severally liable to its employees as victims of modern slavery. The officers had deliberately and systematically utilised coerci...
    ...... Rights Act 1998 for breach of the prohibition on slavery and forced labour in Article 4 of the ......
  • Hot Topics in Supply Chain Compliance
    • JD Supra United Kingdom
    The last few years have seen a proliferation of new supply chain-focused regulations and other compliance obligations, a trend which isn’t likely to abate any time soon. In this Alert, we provide a...
    ...... The UK Modern Slavery Act (MSA). Starting this year, the MSA will ... The UK Labour Standards Assurance System (LSAS). LSAS was ... things addresses the use of child and forced labor; (2) assessing the extent to which labor ... the consumptive demand exception, the prohibition did not apply to the extent that US demand ......
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