10 November 2020
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Does slavery still exist in the workplace?

It is a question that perhaps not many professionals ask: Does slavery exist in the middle of the 21th century?

Ashurst has published a statement on modern slavery, specifically supporting the Modern Slavery Act 2015 (UK) and the Modern Slavery Act 2018 (Australia), whose precepts seek to eradicate modern slavery. 

Ashurst is a firm that is aware of the need to respect human rights and the non-abuse of these rights by its employees, taking care of its line of corporate responsibility.

"We have a zero tolerance approach to modern slavery and all forms of discriminatory or exploitative behaviour and treatment, whether in our own business or that of those who supply us; this position is very clear in all our policies and behaviour," explains the British firm.

We set out below the most important policies and procedures that Ashurst has in place and the measures it has taken to mitigate the risks of modern-day slavery:

- Ashurst's Code of Conduct, which sets out the behaviour expected of its company, employees, contractors and suppliers, and explicitly states that they do not tolerate slavery or human trafficking.

- Ashurst's Global Social Impact Responsibility Policy which, among other things, states its policy and approach to combating slavery and human trafficking.

- Its Policy and Guidelines on Global Procurement, which aims to ensure that all goods and services purchased on behalf of the company are purchased in accordance with best procurement practices, on the most advantageous commercial terms, with the lowest risk profile and with due consideration to the social, environmental and ethical implications of such activity.

- Its Global Contracts Protocol, which aims to manage the company's contractual risks by ensuring that due diligence is conducted before contracts are concluded. The due diligence requirements include a specific requirement to carry out due diligence on slavery and forced labour with all potential new Ashurst vendors.

- Its global complaint protection policy that allows staff to raise any concerns they may have about any individual or organisation with which Ashurst interacts, whether they are customers, suppliers or others.

In turn, Ashurst wants to ensure compliance with its policy by trying to carry out the following measures: 

- They update their risk assessment for suppliers, both direct and indirect through our extensive supply chain. In 2019/20 this review specifically took into account the requirements of Australian legislation. The firm samples a number of Australian suppliers representing key relationships in higher risk areas to assess their progress in meeting new legal obligations as part of our risk assessment review. No remedial action was required as a result of this study.

- The terms of contracts with suppliers include a commitment that suppliers will comply with all applicable laws, regulations and codes of conduct in an ethical manner, including the terms of standard business practices. These terms cover, among other things, labour and workplace management and touch on issues such as child, forced and involuntary labour; fair remuneration and working conditions; and training, learning and development opportunities.

- Ashurst's suppliers. Ashurst's Global Purchasing Policy mandates that a thorough due diligence process be carried out on new key suppliers. Consequently, the standard invitation to tender documentation asks key suppliers to demonstrate the steps they take to prevent or eliminate slavery and human trafficking from their supply chain. Disclosure of any slavery or human trafficking issues would mean that a potential supplier would be immediately disqualified from the procurement process. This has not yet happened.

- Existing suppliers. Ashurst participates in a supplier information portal, which facilitates the timely exchange of updated information on aspects of certain suppliers' operations, including modern slavery and social impact liability practices and procedures. This allows Ashurst to target key suppliers and review their information to ensure that it is aligned with Ashurst's approach to mitigating the risks of modern-day slavery.

- Ashurst has an internal audit programme that covers a number of areas of business risk. Updated processes for the acquisition and prevention of modern slavery will be included in the audit programme at appropriate intervals to evaluate the effectiveness of those processes.

Copyright © The Impact Lawyers. All rights reserved. This information or any part of it may not be copied or disseminated in any way or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of The Impact Lawyers. The opinions expressed in this article are those of the authors and do not necessarily reflect the positions or policies of The Impact Lawyers.
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