It has recently been reported that during the ‘lockdown’ period imposed as the result of the COVID-19 pandemic illegal practices breaching the Modern Slavery Act 2015 and the Health & Safety Act Legislation have been discovered and which are being investigated by the National Crime Agency (‘the NCA’).
Amandeep Murria of Kangs Solicitors comments upon these allegations.
If you are concerned about any of the issues contained within this article and which you feel may result in action by any of the law enforcement agencies, it is essential that you seek early legal advice.
Kangs Solicitors is a top ranked firm recognised by both the leading law directories, Chambers & Partners and the Legal 500, for criminal defence work of all nature including prosecutions under the Modern Slavery and Health and Safety legislation.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
Recent Allegations | Expert NCA Defence Solicitors
- The NCA is investigating allegations of workers’ exploitation at a level normally associated with less developed countries and not the UK including extremely poor conditions without consideration for the health and safety of workers who worked for payment at rates less than the national minimal wage.
- The Health and Safety Executive are also said to be investigating totally unacceptable and illegal work practices resulting in serious exposure to health & safety risks.
The Relevant Law | Kangs Modern Slavery Defence Solicitors
Under the Modern Slavery Act 2015 an offence is committed where the accused:
- holds another in slavery or servitude
- requires another to perform forced or compulsory labour
- arranges or facilitates the travel of another, with a view for that person to be exploited
- is involved in encouraging or assisting others to commit such offences.
When determining whether or not an offence has been committed against an individual under the Modern Slavery Act consideration is given to:
- personal circumstances including whether or not the individual is a child, the person’s family relationships and whether or not any mental or physical illness is present which may affect the vulnerability of that person,
- the nature of the work or services provided,
- any travel undertaken and whether there was an intention to exploit.
Penalties for offences contrary to the Modern Slavery Act 2015 include
- Prison Sentences ranging from six months to life imprisonment,
- Community Penalties,
- Financial Penalties,
- Confiscation of Assets.
How Can We Help? | Kangs Criminal Defence Solicitors
If any of the issues raised in the article affect you or you are concerned about your current work practices, it is advisable to seek early advice before you are contacted by any law enforcement agency. We can explain your rights to you and provide you with guidance on any likely future action.
We are experienced in:
- advising clients (individual & companies) before any arrests are made
- explaining the search and seizure powers of law enforcement agencies such as the NCA and HSE
- assisting clients during a search of their business & personal premises, including advice on the legality of any search and also advice regarding the validity a search warrant
- representing clients in interviews under caution with NCA and HSE
- negotiating with the enforcement agencies to see if there are other penalties can be imposed without having to go before the criminal courts
- representation before the criminal court to include the instruction of the leading barristers in the country.
How Can I Contact You? | Kangs National Criminal Defence Solicitors
Hamraj Kang leads an award-winning team of solicitors nationally reputed for its excellence in criminal and fraud investigations of every nature.
We welcome new enquiries by telephone or email.
Our team of lawyers is available to meet at any of our offices in London, Birmingham or Manchester or, alternatively, we are happy to arrange meetings via video conferencing.
For initial enquires please contact: