Modern slavery and human trafficking statement

Modern Slavery Act 2015

Background

The Modern Slavery Bill was introduced into Parliament on 10 June 2014 and passed into UK law on 26 March 2015.  The Modern Slavery Act is an act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including the provision for the protection of victims. 

A person commits an offence if:

• the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude.
• the person requires another person to perform forced or compulsory labour and the circumstance are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

The Trust is fully aware of the responsibilities it bears towards patients, employees, and the local community and as such, has a strict set of ethical values that we use as guidance regarding our commercial activities. We therefore expect that all suppliers to the Trust adhere to the same ethical principles. 

We have a non-pay budget of £85m (inclusive of drugs at £18m) of which over £60m per annum is spent on goods and services.

Our supply chain

It is important to ensure that suppliers to the Trust have in place robust systems to ensure that their own staff, and organisations within their own supply chain are fully compliant with the requirements of the Modern Slavery Act 2015.

In compliance with the consolidation of offences relating to trafficking and slavery within the Modern Slavery Act 2015, the Trust has an ongoing process of reviewing its supply chains with a view to confirming that such behaviour is not taking place.

The standard NHS Terms and Conditions of Contract, which form the basis of all orders and contracts with suppliers, have a specific clause contained within them relating to modern slavery that determine that suppliers (and their sub-contractors) will do the following:

• Comply with the Modern Slavery Act 2015
• Implement due diligence polices for its sub-contractors
• Respond promptly to all slavery and trafficking due diligence questionnaires
• At the request of the Trust, prepare and deliver an annual slavery and trafficking report setting out steps to ensure slavery and trafficking is not taking place within its supply chain
• Implement a system for all employees to ensure compliance with the Slavery Act

As part of the Trust's commitment to ensuring that we do not trade with organisations that do not meet the requirements of the act, suppliers will be required to provide a copy of their annual Modern Slavery Action Statutory Statement detailing actions undertaken to ensure they meet and enforce the requirements of the act. 

This will only apply to suppliers defined as a “commercial organisation” in accordance with the act:

• Supplies goods and services
• Has a turnover of not less than £36m

The Trust’s Procurement Team is committed to raising awareness with all suppliers by ensuring that all suppliers the Trust trades with are aware of our commitment to ensure compliance with the act. 

As part of the Trust’s ongoing procurement processes, when trading with new suppliers, and prior to establishing the supplier on Trust systems, the supplier will be requested to confirm in writing that they are compliant with the act.

The act is referred to in all tendering activity undertaken by the Trust’s Procurement Team.  All tendering for goods and services is managed centrally by the Procurement Team.  A copy of the act will be sent to all organisations involved in the tendering process along with a short statement from the trust reminding bidders of their obligations under the act.  All suppliers will be requested to state as part of their tender response regarding their compliance with the act. 

Our Trust

The Trust employs almost 5,000 staff comprising more than 80 nationalities. Most of these staff are employed and paid under national pay arrangements established under Agenda for Change or Medical and Dental provisions.  A small number of staff, which comprises the Trust Board and very senior managers, are employed under local pay and terms and conditions of service which are established by the Remuneration Committee of the Board.

All staff are appointed subject to meeting the NHS Standards on Employment Checks which includes references, health checks, Disclosure and Barring Service checks, immigration checks and identity checks.  In addition, the Trust has developed a number of values and behaviours which are fully embedded into the organistation.  The Trust expects its existing staff to comply with these standards and all future appointments will be expected to demonstrate these attributes as part of the appointment process.  This ensures that the Trust can be confident, before staff commence with the Trust, that we know some background about our staff and that they have a legal right to work for the Trust.

By adopting the national pay, terms and conditions of service, the Trust has the assurance that all staff will be treated fairly and will comply with the various legislation.  This includes the assurance that staff receive at least, the National Living Wage.

The Trust has various employment policies and procedures in place designed to provide guidance and advice to staff and managers but to also comply with employment legislation. Every policy is impact assessed from an equality and diversity perspective.

The Trust does have specific policies in place to deal with the safeguarding of children and vulnerable adults, but does not have a specific policy on the Modern Slavery Act and does not feel the need to develop one as the issues are reflected in other policies.  However, should the Trust become aware of any issue covered under the Modern Slavery Act, it would immediately report the matter to the police. Any risks relating to the Modern Slavery Act are managed as part of the Trust’s risk assessment governance process with progress on mitigations reflected through the various governance committees.

The Trust has an extensive training and development programme which is based on a minimum requirement to complete all statutory and mandatory training identified in the national Core Skills Framework and other ad-hoc training which staff are required to undertake according to their job roles. Training needs are identified through the appraisal process and a personal development plan. The current equality, diversity and inclusion training which is mandated for all staff, irrespective of job role, makes reference to the Modern Slavery Act and expectations from an organisational perspective.

The Trust employs an Equality and Diversity Specialist who is the lead on the Modern Slavery Act and where possible the Trust does support awareness raising events both locally and nationally on matters including people with disabilities, LGBTQ+, honour crime and forced marriages.  

In relation to fraud risks to the organisation, the Trust agrees an annual counter fraud plan using a nominated and nationally Accredited Local Counter Fraud Specialist (LCFS) via its internal audit provider Mersey Internal Audit Agency (MIAA). The MIAA counter fraud specialist provided services in line with the agreed work plan which is approved at the audit committee.

Regular monitoring of counter fraud activity is undertaken via the Trust’s Audit Committee via progress reports and an annual report of counter fraud activity. This monitoring process includes the identification of any fraudulent activity against the Trust.