• news-banner

    Expert Insights

Top of the corporate agenda: modern slavery failings and mandatory supply chain disclosure

The Financial Reporting Council Lab, an initiative that aims to improve corporate reporting for investors and businesses, has gone live with two new publications, signalling a market shift on supply chain issues. The report illustrates failings in modern slavery reporting and fresh guidance aims to assist companies in making disclosures about their supply chain in annual reports.

Statements made about compliance with the Modern Slavery Act are just one part of the emerging picture on mandatory human rights due diligence. In the UK we anticipate changes to the Modern Slavery Act this parliamentary session, and in the EU, the new draft Corporate Sustainability Due Diligence Directive proposes a new standard for human rights and environmental due diligence. EU nations such as the Netherlands and Germany are also proposing to join France, Switzerland and others in legislating to prevent and remediate adverse impacts on people.

Modern Slavery

The FRC Report commissioned by the UK Anti-Slavery Commissioner highlights serious shortcomings in the quality of companies’ modern slavery reports under the 2015 Act. One in ten companies has not provided an MSA statement despite the legal requirement to do so. Where statements were made, disclosures about how organisations measured the effectiveness of actions taken to minimise risks were poor, and only a minority identified emerging issues or a long-term strategy. Disclosure often lacked detail about how policies operated in practice or how effectiveness was measured against metrics and targets.

The Report is timely, as it comes ahead of the anticipated changes to the 2015 Act. The new Bill announced in the Queen’s Speech is introduced to ‘increase the accountability of companies to drive out modern slavery from their supply chains’. The Bill will mandate specific reporting areas to be covered in statements, require organisations to publish their statement on a government-run registry, and introduce civil penalties for organisations that do not comply with the requirements.

However, the question remains as to whether these changes go far enough. They fall short of the proposals in a recent Members’ Bill, which put forward creating a new criminal offence for false information in an MSA statement and liability for continuing to source from suppliers after a formal warning. Calls from industry, including from the Corporate Justice Coalition (which counts among its members the British Retail Consortium, Tesco and John Lewis) are focused on urging Government to show global leadership in the wake of COP 26 and G7 by introducing a sharp toothed law modelled on the 'failure to prevent' liability provisions of the Bribery Act. Against this context, the proposed new Bill seems lenient.

Supply Chain Disclosures

The FRC Lab Guidance intends to help companies prepare disclosures on their supply chains in their financial report. Investors are looking for information to help them decipher the impact of supply chain risks and how those risks will affect long term value creation. The guidance focuses on the size, scope, nature and resilience of supply chains, as well as sustainable procurement practices, reputation and brand. Issues for companies to consider when reporting include their access to raw materials, risks from supply chain disruption, the impact of inflation, and vulnerabilities in their digital supply chains that could lead to cyber-attacks.

So, what is the impact on business?

All businesses should be looking at their supply chain management in the context of these impending changes and amid the call for clear legislation that sets out corporate accountability for adverse impacts on people and planet. Scrutiny is set to intensify and those that are ahead of the curve will improve their reputation in the market whilst attracting ESG investment opportunities for growth.

For more information please contact Ilona Bateson.

Our thinking

  • Business over Breakfast: Arbitration is cheaper – Myth or Reality?

    Thomas R. Snider

    Events

  • Fiona Edmond writes for The Law Society Gazette on taking maternity leave as a Deputy Senior Partner

    Fiona Edmond

    In the Press

  • The UK’s March 2024 Budget: how the proposed new tax rules will work for US-connected clients

    Sangna Chauhan

    Insights

  • Takeover Panel consults on narrowing the scope of the Takeover Code

    Jodie Dennis

    Insights

  • Nick Hurley and Annie Green write for Employee Benefits on the impact of dropping the real living wage pledge

    Nick Hurley

    In the Press

  • The UK’s March 2024 budget: Offshore trusts - have reports of their demise been greatly exaggerated?

    Sophie Dworetzsky

    Insights

  • Playing with FYR: planning opportunities offered by the UK’s proposed four-year regime for newcomers to the UK

    Catrin Harrison

    Insights

  • James Broadhurst writes for the Financial Times’ Your Questions column on inheriting company shares

    James Broadhurst

    In the Press

  • Charles Russell Speechlys bolsters corporate and commercial offering with the appointment of Shirley Fu in Hong Kong

    Simon Green

    In the Press

  • Charles Russell Speechlys advises Give Back Beauty Group in the acquisition of INCC Parfums

    Dimitri A. Sonier

    News

  • Cara Imbrailo and Ilona Bateson write for Fashion Capital on pop-up shops

    Cara Imbrailo

    In the Press

  • City AM quotes Charlotte Duly on the importance of business branding

    Charlotte Duly

    In the Press

  • Planning and Life Sciences: the challenges and opportunities in the Golden Triangle

    Sophie Willis

    Quick Reads

  • Personnel Today quotes Rose Carey on Italy’s new digital nomad visa

    Rose Carey

    In the Press

  • Regime change: The beginning of the end of the remittance basis

    Dominic Lawrance

    Insights

  • Essential Intelligence – UAE Fraud, Asset Tracing & Recovery

    Sara Sheffield

    Insights

  • IFA Magazine quotes Julia Cox on the possibility of more tax cuts before the general election

    Julia Cox

    In the Press

  • ‘One plus one makes two': Court of Protection finds conflict of interest within law firm structure

    Katie Foulds

    Insights

  • City AM quotes Charlotte Duly on Tesco’s Clubcard rebrand after losing battle with Lidl

    Charlotte Duly

    In the Press

  • Michael Powner writes for Raconteur on AI and automating back-office roles

    Michael Powner

    In the Press

  • Arbitration: Getting value for your money

    Daniel McDonagh

    Insights

  • Computer says No - my prediction of UK border chaos on Wednesday 1 January 2025

    Paul McCarthy

    Quick Reads

  • London’s Knowledge Clusters: From Emerging to Maturing – Start Ups on the Global Stage?

    Lynsey Inglis

    Quick Reads

  • Fashion and the Green Claims Code brought into focus by open letter from the CMA.

    Ilona Bateson

    Quick Reads

  • Will new powers at Companies House stop or slow down fraudsters?

    Peter Carlyon

    Quick Reads

  • Charles Russell Speechlys hosts international arbitration event in Dubai

    Peter Smith

    Quick Reads

  • It’s not just a High Court decision, it’s a successful M&S High Court Decision

    Sophie Willis

    Quick Reads

  • The ongoing fight against fakes

    Charlotte Duly

    Quick Reads

  • Abu Dhabi’s New Arbitral Centre Unveils its Rules

    Dalal Alhouti

    Quick Reads

  • New Regulations for the UAE’s Media Sector in 2024

    Mark Hill

    Quick Reads

  • Planning essentials case update: when can an enforcement notice against an unlawful use also require the removal of related structures?

    Sadie Pitman

    Quick Reads

  • Under the Influence: Legal Considerations for Social Media Influencer Partnerships in the UAE

    Mark Hill

    Quick Reads

  • EU AI Act – Will it become a law for all the world?

    Nick White

    Quick Reads

  • Ctrl + GCC: The Rise of e-Sports in the Gulf

    Mark Hill

    Quick Reads

  • Digital Markets, Competition and Consumers Bill: Will new consumer protection rules restrict access to Gift Aid?

    Quick Reads

  • Les entreprises en difficulté ou en croissance peuvent-elle se passer des equity lines? Can distressed or growth companies do without hybrid bonds?

    Dimitri-André Sonier

    Quick Reads

  • The End of the SAG-AFTRA Strike & What it Means for the Middle East

    Mark Hill

    Quick Reads

  • UAE Strengthens its Position as Leading Destination for A.I.

    Mark Hill

    Quick Reads

  • Dubai Court of Cassation Extends Arbitration Agreement Across Subsequent Contracts

    Peter Smith

    Quick Reads

  • Good news for users of the Madrid System

    Charlotte Duly

    Quick Reads

Back to top