The new criminal offence of holding someone in slavery or servitude, or requiring him or her to perform forced or compulsory labour, was introduced on 6 April 2010 by s.71 of the Coroners and Justice Act 2009. In order for an employer to be found liable for the offence, it must know, or ought to know, that the arrangement was oppressive and not truly voluntary.

A number of factors could amount to evidence of coercion or could be indicative of forced or compulsory labour, e.g.:

• violence, or threats of violence, by the employer to the worker or his or her family;
• threats to expose the worker to the authorities because of his or her immigration status;
• withholding the worker’s passport or wages;
• supplying false information to the worker about his or her employment rights;
• imposing excessive hours or hazardous working conditions;
• debt bondage;
• failing to supply adequate safety equipment or clothing; and
• providing poor accommodation.

The anti-slavery provisions of the Coroners and Justice Act 2009 apply to all workers. However, trafficked or migrant workers may be particularly vulnerable to coercion, deception and exploitation because, for example, they may not speak English, could be uncertain of their legal status in the UK, or may fear deportation back to their country of origin. It is likely that trafficked or migrant workers will be less aware of their employment rights than other workers, and may not know how to report mistreatment

An employer found guilty of the offence could face a fine and/or a maximum of 14 years in prison.