Allegations of Modern Slavery | KANGS Secures Successful Outcome for Care Home Directors
Allegations of modern slavery commonly involves claims of forced labour, domestic servitude or criminal exploitation, and is often linked to human trafficking. Such allegations typically centre on accusations that an individual has exercised control over another through coercion, including debt bondage, threats of violence, or psychological pressure. Given the severity of these offences and their potential consequences, early expert legal advice is crucial.
In a recent case, KANGS has successfully assisted two Care Home directors repudiate allegations of slavery, servitude and forced or compulsory labour contrary to Section 1 of the Modern Slavery Act 2015.
Helen Holder of KANGS outlines how this highly satisfactory outcome was achieved.
Circumstances Surrounding the Allegations of Modern Slavery
Our clients, directors of a Care Home, faced allegations made by a former employee, who had entered the UK on a Skilled Worker Visa. It was alleged that from the outset of her employment, she was unlawfully required by our clients and other senior management, to make monthly cash payments to other members of staff.
It was alleged that the payments, amounting to approximately £3,286, related to purported ‘overpayments’ and had been made in cash, outside the formal payroll system, under coercion, including threats to her continued employment and immigration status.
These allegations, if substantiated, would have constituted offences under Section 1 of the Modern Slavery Act 2015.
A search warrant of our clients’ premises was lawfully executed by the Police, resulting in the seizure of cash amounting to approximately £4,500, comprised of a number of different currencies.
The nature of the investigation, automatically raised issues involving the:
- structure and operation of the Care Home,
- recruitment of overseas staff under sponsorship arrangements,
- examination of business and personal financial records.
Responding to Allegations of Exploitation and Coercion
Examination of material comprised in the Pre-Interview Disclosure
Having attended upon our clients and discussed the allegations which had been made against them, and advised upon their position and the appropriate course to adopt in order to protect themselves, the team at KANGS immediately obtained detailed Pre-interview Disclosure from the Police.
Examination of this material indicated that the Police were relying heavily on the claimant’s own account of the alleged circumstances and upon the source of the cash which had been seized.
How We Defended the Allegations of Modern Slavery
As the result of our examination of the documents served and detailed discussions with our clients, our team was able to establish that:
- the claimant’s employment was conducted entirely appropriately and that she was properly and legally remunerated,
- the allegation of demands for cash payments was false,
- each sum of cash seized had a legitimate provenance and those funds were totally unconnected with the complainant’s allegations,
- the complainant had been subject to a variety of disciplinary procedures, including safeguarding concerns and misconduct allegations which, ultimately, resulted in her dismissal, which she had failed to overturn upon her formal appeal,
- our clients had an exemplary record of regulatory compliance.
Voluntary Interviews
Having collated and examined all of the required evidence, the team at KANGS prepared a detailed Witness Statement for each client supported by carefully paginated exhibit bundles.
At the interview, the presentation of these documents provided the Interviewing Officers with a comprehensive explanation of the true circumstances which countered the complainant’s false allegations.
The Highly Satisfactory Outcome
Following full consideration of the Statements and exhibit bundles which had been meticulously prepared by the team at KANGS, the Police confirmed that the position as presented by our clients was fully accepted, and that no further action would be taken against either of them.
Naturally, our clients were absolutely delighted that the false allegations against them had been proven to be exactly that, and that their reputations for honesty and their standing within the Care Sector industry were preserved, as were their business operations and financial security.
How Can We Help?
Allegations of modern slavery https://www.kangssolicitors.co.uk/services/criminal-litigation/serious-general-crime/ may result in extremely serious consequences affecting a business, the accused personal reputations and their financial standing. If the individual or business is operating in a regulated sector, this can also lead to a regulatory investigation.
The team at KANGS provide proactive and strategic specialist defence representation in criminal and regulatory investigations.
If you are invited to attend a voluntary interview or are arrested, we provide immediate advice and representation at the police station. We ensure that you fully understand your legal position and provide advice on the most appropriate course of action, including whether to answer questions, or provide a prepared statement.
From the outset, our solicitors conduct a detailed assessment of the evidence, identifying weaknesses and challenging investigators’ assumptions. We have particular experience in cases where allegations of ‘exploitation’ are disputed or where key contextual factors have been misunderstood.
If you need our assistance, contact a us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
Top ranked by leading legal directories Chambers UK and the Legal 500.
