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On Tuesday (11 July 2015), we featured in Comet an interview with Claire Falconer, legal director of Focus on Labour Exploitation. She spoke to us about the Modern Slavery Act 2015 (MSA 2015) and the reporting requirements under the new Act.
Today, Claire discusses the implications for companies if they do not comply with this new law.
The legal risks to a company include criminal liability under MSA 2015, Pt 1 and injunctive action under MSA 2015, s 54.
It is not clear on the face of MSA 2015, but it may be possible for a company to itself be held criminally liable for forced labour, slavery, servitude or human trafficking where the principles of corporate criminal liability are fulfilled for offences committed by an official of the company in the course of their employment.
Company officials or employees can also be held individually criminally responsible if they are directly involved in committing slavery or human trafficking offences.
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