Business : Legal News

The Buyer’s Checklist for Commercial Property in 2019

Thinking of adding a commercial property to your portfolio? Here are some of the things you should consider before making an offer. Choosing to buy retail space, whether it is to be let out by you or to be used in your own business, can be risky if you don’t

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NEW INDUSTRY PARTNERSHIP APPOINTED TO MINISTRY OF JUSTICE FRAMEWORK

PICK Everard – the national property, construction and infrastructure consultancy – has formed an alliance with WT Partnership to deliver the four-year Ministry of Justice (MoJ) Professional Services Providers Framework.                        The Framework will deliver prisons, courts, border crossing facilities, Home Office and government buildings across Wales and Central England and

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HOUSE OF LORDS CALLS FOR MORE LEGAL RIGHTS FOR PROPERTY GUARDIANS

Property guardians must have a “bedrock of rights” so that their legal rights are adequately protected, according to a discussion in the House of Lords last month.  Baroness Grender posed the question of “what steps they are taking to ensure that property guardians are legally protected” to the House. Property

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INTERSERVE THRASHES OUT A RESCUE DEAL WITH ITS CREDITORS

Interserve has reached a rescue deal with its creditors to prevent its collapse, according to a statement issued by the group.  Following its 21 December 2018 announcement, the board has provided further details on its deleveraging plan.  The key commercial terms of the deleveraging plan have been agreed in principle

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How to avoid a Home Office fine for illegal working

If your business is found to be employing illegal immigrants, you face significant civil and potentially criminal sanctions. Immigration solicitor Anne Morris shares insight into the steps construction businesses can take to avoid falling foul of UK immigration law. Over £11.5million in fines were issued to UK businesses for illegal

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Operation Magnify & Illegal Working in Construction – Where are we now?

Three years on from the launch of Operation Magnify, UK immigration solicitor Anne Morris discusses the current status of illegal working and immigration compliance for UK construction companies. Operation Magnify was announced by the UK government in 2015 as a Home Office campaign targeting employers suspected of using undocumented migrant

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Landlords face up to 17 week wait to evict problem tenants

It takes an average of 118 days for court-appointed bailiffs to evict tenants from private landlords properties after bringing a claim to court.   Landlords in London are the most likely to have to evict, while those in the South West, North East and West Midlands were least likely to

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Latest Issue
Issue 327 : Apr 2025

Business : Legal News

The Buyer’s Checklist for Commercial Property in 2019

Thinking of adding a commercial property to your portfolio? Here are some of the things you should consider before making an offer. Choosing to buy retail space, whether it is to be let out by you or to be used in your own business, can be risky if you don’t entirely know what you are doing. Here are some of the things which you need to know about if you are considering buying commercial property in 2019. Find the Right Solicitor If you are thinking about starting a property portfolio, you should search for a firm of commercial property solicitors to help you out. They will be the legal experts you need to find the perfect property. With the help of the right firm, you may even find legal advice for a whole range of different topics. You could find people willing to help with commercial taxation or even acquiring any permits or licenses your commercial space needs. Building a legal team who can help you out with all your legal needs from within the same firm will prove invaluable, as you know that all your concerns can be handled internally by a group of colleagues. Is It in a Good Location? Location is everything for a business. Is it located on a high street or in some other commercial zone? You can guess that this will get it the traffic it needs to support a business. Buying a commercial property which is a little out the way can be risky, unless you plan to open a business which would suit this type of location. Finally, you should always take a look at the building’s access. What are the streets around the property like, and is there good access to major roads? These are all questions you need to ask. Look at the Building’s Amenities When you have a property in mind, you should take a look at what else you can get with it. Does it have a designated parking area your customers can use? If it is part of a wider retail complex, what benefits do you get as an owner? You should also check out whether or not the property has any licenses or permits and whether you need to apply for them. For example, a cafe might need a certification of hygiene from the local council before they are able to open for business. How Much Renovation Does It Need? Obviously, either you or your tenant will renovate the property to best suit the business going in there. However, you should make sure that all the basic amenities are in place before the renovation begins. If it is an older business you have purchased, how safe is the wiring? When was the last time that a complete refit took place? These are the questions you need answers to before you commit to buying a property for commercial purposes. If it does not match the local building regulations then you will need to fix this before you allow a business to occupy the space. Follow these tips and it won’t be long before you have found the perfect business to add to your property portfolio!

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NEW INDUSTRY PARTNERSHIP APPOINTED TO MINISTRY OF JUSTICE FRAMEWORK

PICK Everard – the national property, construction and infrastructure consultancy – has formed an alliance with WT Partnership to deliver the four-year Ministry of Justice (MoJ) Professional Services Providers Framework.                        The Framework will deliver prisons, courts, border crossing facilities, Home Office and government buildings across Wales and Central England and was procured via the Crown Commercial Service (CCS) framework. Andrew Seaman, national director at Pick Everard said: “Pick Everard has been delivering cost management services under the CCS framework since its inception. We’re delighted to be working in partnership with WT Partnership under this framework, delivering cost management services. “This is a significant custodial framework, which will support the MoJ in achieving its objectives to deliver capital and whole life cycle costs within value for money parameters, whilst ensuring timely project delivery and high quality outcomes.” WT Partnership – an international cost and project management consultancy – has been working with the MoJ for more than 15 years so has extensive experience in the sector and understands every type of project requirement. Andrew continued: “We work with more than 500 supply chain partners across the UK and, through the development of mutually beneficial relationships and the identification of sector specialisms, we’re able to provide alternative routes to market for our clients. “This partnership will benefit the client by ensuring that the most appropriate specialists are on the project team. The alliance also benefits WT Partnership by ensuring that it continues to deliver major projects for the MoJ, whilst utilising our experience on the CCS framework. “The MoJ provides essential public sector buildings and we’re incredibly proud to be working on such an important opportunity.” David Kendall, director at WT Partnership said: “We are delighted to be appointed to work with Pick Everard to deliver cost consultancy services to the MoJ on its new framework for the Wales and Central England region. “This provides continuity of delivery to an important client with whom we have been working since 2003 and builds on the professional working relationship we have had with Pick Everard over a similar period.” Over the last two years, Pick Everard has engaged with almost 200 supply chain partners, providing new routes to market and generating £1.3 million worth of spend in local economies across the UK. For more information visit: www.pickeverard.co.uk.  

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HOUSE OF LORDS CALLS FOR MORE LEGAL RIGHTS FOR PROPERTY GUARDIANS

Property guardians must have a “bedrock of rights” so that their legal rights are adequately protected, according to a discussion in the House of Lords last month.  Baroness Grender posed the question of “what steps they are taking to ensure that property guardians are legally protected” to the House. Property guardians have some legal protections – but depending on the arrangements in place, these protections are often fewer than those of tenants. Lord Best, who is the chair of a Ministry of Housing, Communities and Local Government working group for the regulation of property agents, said he “would be very happy to look at the regulation of property guardian providers, alongside his current portfolio of estate agents, letting agents and managers of leasehold properties”. Lord Bourne added that there had to be a drive “ensuring that property guardians have a bedrock of rights in all situations so that people are properly protected. That is the key.” The issues often encountered include disrepair including penetrating damp or condensation mould growth, through to unmanaged compliance issues such asbestos, faults with fire alarm panels, lack of electrical and gas safety certificates. Suggestions put forward include a ‘kite-marking’ scheme and non-disclosure agreements in contracts.

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INTERSERVE THRASHES OUT A RESCUE DEAL WITH ITS CREDITORS

Interserve has reached a rescue deal with its creditors to prevent its collapse, according to a statement issued by the group.  Following its 21 December 2018 announcement, the board has provided further details on its deleveraging plan.  The key commercial terms of the deleveraging plan have been agreed in principle with all of Interserve’s lenders, bonding providers and the Pension Trustee.  The board believes the deleveraging plan will provide Interserve with “a strong balance sheet and the platform to deliver on its strategy”.  Debbie White, CEO of Interserve, said: “Agreeing the key commercial terms of the deleveraging plan with our lenders, bonding providers and Pension Trustee is a significant step forward in our plans to strengthen the balance sheet. The board believes that this agreement will secure a strong future for Interserve.  “This proposal has been achieved following a long period of intensive negotiation and has the support of our financial stakeholders and the government. Its successful implementation is critical to the Interserve Group’s future and all of its stakeholders. The deleveraging plan will, alongside our ‘Fit for Growth’ transformation programme, place us in a strong position to deliver our strategy, be competitive in the marketplace and provide a secure future for the Interserve Group’s employees, customers and suppliers.”  The deleveraging plan is expected to result in Interserve Group’s “pro forma net debt reducing to circa £275 million achieved through issuing c.£480 million of new Interserve equity”.  Interserve expects to launch the finalised deleveraging plan in the next few weeks. The deleveraging plan will be “subject to approval by Interserve’s shareholders”.  The company’s statement added: “Whilst Interserve’s objective remains to implement a fully consensual transaction, Interserve is also actively preparing alternative plans to ensure the proposed transaction can be implemented in the event that shareholder approval is not forthcoming.”

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LATEST AMENDMENT B GUIDANCE COULD LEAD TO SIGNIFICANT DELAYS AND BREACH OF REGULATIONS, WARNS BUREAU VERITAS

Bureau Veritas is urging the construction industry to ensure that the practical ramifications of the latest government guidance on the amended Approved Document B are understood and implemented, in order to avoid costly delays or breach of building regulations. The technical changes regarding fire safety aspects now curtails the use of desktop studies and reinforces the need to ensure appropriate tests are carried out on products by independent, fully accredited bodies. It relates to building regulation applications lodged after 21st January 2019, with a requirement that applications made before that date have made a ‘meaningful’ start on site within two months – by 20th March 2019 – for the previous provisions to be valid. The guidance is aimed at all product testing but is a result of the government’s findings last year on cladding testing and fire door testing specifically. Andy Lowe, technical director of building control at Bureau Veritas, comments: “The government has demonstrated that they are determined to move quickly to enforce building regulation changes, with this latest update coming only a month after the 21st December implementation of the combustible materials ban in external walls in new buildings. That in itself surprised many in the industry, as it extended further than anticipated to include all parts of external cladding in new and change of use buildings with a floor over 18 metres and above and applies to residential buildings, hospitals, student accommodation and dormitories in boarding schools. “The latest guidance will have significant ramifications, as due to the nature of testing it is a more in-depth and costly process, notwithstanding the fact that current testing facilities are limited and often result in significant delays, without this extra requirement consideration. So this will have to be factored in to the construction programming process and assessments should not be regarded as a way to avoid a test where one is necessary, as this will be a serious breach of legislation.” The government has also reiterated its firm endorsement of the Hackitt report on the process of fire safety and building regulations and has committed to bring forward a series of consultations on the process of regulation in the spring. Calls for further evidence have already been instigated on technical aspects of building regulations, which will include additional enhancements on fire safety, considerations around thermal performance (Part L) and ventilation strategy (Part F), along with the need to update accessibility standards under Approved Document M to reflect the new BS8300 recently updated in January 2018. Andy adds: “Whilst this government action and tighter regulation control is certainly welcome, as change is certainly needed in order to adopt a best practice approach to fire safety, the degree and speed of change could prove a challenge. The coming months are going to be extremely busy and time critical and as such there is work to be done to understand how things will play out on a practical level, with tailored support available to those who need it in order to manage the changes and challenges ahead.” Bureau Veritas is a leading testing, inspection and certification company with a vast experience of the building control sector. Bureau Veritas Building Control UK combines technical expertise and market-leading systems with unrivalled industry experience to deliver building control services to some of the biggest names in construction. Bureau Veritas will be proving additional guidance on the amended regulations via a series of seminars and technical briefing notes. For further information, call 0345 600 1828 or visit www.bureauveritas.co.uk.

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Brethertons Rated One of the Top Legal Service Providers in Chambers & Partners UK and Legal 500

Brethertons LLP has again been recommended in practice areas in both the Chambers & Partners UK 2019 and the Legal 500 2018, with a notable seven lawyers receiving individual rankings. This year Brethertons has been ranked in the practice areas of Family, Personal Injury, Employment, Personal Tax, Trusts and Probate, Corporate and Commercial, Commercial Litigation, Commercial Property, Real Estate, Real Estate Litigation, Debt Recovery, Property Litigation, IT and Telecoms and Intellectual Property. Along with the recognition of our practice areas, several of our outstanding Lawyers have also been ranked by the directories; Linda Jones, Simon Craddock, Tom Lawrence, Roger Hardwick, Jon Rees, Gemma Kelsey and Rachel Adams. These rankings demonstrate the positive experience clients have and the remarkable work of the specialist teams. One of Brethertons clients commented “Brethertons gave me more confidence than other firms. They are extremely knowledgeable, very proactive, efficient and attentive”, whilst another noted “all members of the team have been friendly and approachable while maintaining a reassuring level of professionalism.” Shaun Jardine, CEO of Brethertons explains the importance of these guides for clients and staff, “The Legal Directories are independent publications which reflect the state of the legal industry today. Law firms are peer reviewed and recommended and therefore provide clients with an unbiased overview of the market. It is really helpful for clients to see how we are benchmarked against competitors and take an informed decision on which solicitor to use.”

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How to avoid a Home Office fine for illegal working

If your business is found to be employing illegal immigrants, you face significant civil and potentially criminal sanctions. Immigration solicitor Anne Morris shares insight into the steps construction businesses can take to avoid falling foul of UK immigration law. Over £11.5million in fines were issued to UK businesses for illegal working between October and December 2017. 624 UK businesses were fined and 990 illegal workers were identified. These figures suggest employers are falling foul of their immigration compliance duties in their droves, and in doing so are creating a healthy income stream in fines for the Home Office. Construction companies in particular attract Home Office attention due to the high numbers of foreign workers; 7% of the sector’s workforce are EU27 nationals and 3% are non-EU. Immigration non-compliance remains an issue at both ends of the market. Smaller firms can struggle because of a lack of resource or lack of knowledge of the legislation. Whereas larger companies may have the resources, systems and policies in place to manage the immigration risks, but ensuring these are consistently implemented across all sites, employees and areas of their operations is challenging. What does the law say? Under the Immigration, Asylum and Nationality Act 2006 you may be liable for a civil penalty if you employ someone who does not have permission to be in the UK or undertake the work on offer. If you are found to be employing illegal immigrants, you may incur a fine of up to £20,000 per illegal worker. Employers could also face a custodial sentence if they knew, or had reasonable cause to believe, that an employee was disqualified from employment by reason of their immigration status. The term illegal immigrant applies to anyone who does not hold valid leave to enter or remain in the UK – regardless of how or when they entered, and if they had previously held lawful status. This may be due to visa curtailment, revocation, cancellation or expiry. It may also be because of a restriction preventing the person from performing the work in question. How to avoid employing illegal immigrants  As an employer, you can take measures to avoid a Home Office fine by carrying out right to work document checks on all prospective and, where necessary, existing employees. By doing this correctly and on a consistent basis, you will be able to challenge Home Office allegations of non-compliance. A compliant approach to right to work requires you to: Obtain an original document, or combination of documents, in accordance with the Home Office approved list before an applicant can start work with you. Check the validity of the documentation in the presence of the applicant. If you are provided with a false document you will only face a penalty if it is reasonably apparent that the documentation checked was not genuine, did not rightfully belong to the holder or the work was not permitted. Copy the documentation electronically or in hardcopy. This should be in a format that cannot be manually altered, such as a jpeg/pdf document or photocopy. Make a contemporaneous record of the date you conducted the check. You should also keep a record of when any repeat checks will need to be made. Retain your copies and records for the duration of the individual’s employment, and for a further two years after they leave. In some cases you may also need to verify the employee’s right to work with the Home Office Employer Checking Service. For example, where an employee has an immigration appeal pending a decision. The Home Office will provide you with a Positive Verification Notice to confirm that the applicant has permission to work.   Correct, consistent, compliant For full compliance, document checks are expected to be an integral part of your business’s recruitment and onboarding processes to help avoid illegal working fines – and adding to the Home Office coffers. Anne Morris is an immigration solicitor and Managing Director at UK immigration law firm DavidsonMorris. specialists in all areas of business immigration including right to work compliance, PBS licences and challenging civil penalties.

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Operation Magnify & Illegal Working in Construction – Where are we now?

Three years on from the launch of Operation Magnify, UK immigration solicitor Anne Morris discusses the current status of illegal working and immigration compliance for UK construction companies. Operation Magnify was announced by the UK government in 2015 as a Home Office campaign targeting employers suspected of using undocumented migrant workers in three ‘high risk’ sectors, which included the construction industry. Construction was considered high risk for illegal working due in large part to the significant number of foreign workers in the industry. Three years on, migrants continue to play a crucial role in construction, with the supply of domestic workers persistently falling short of the industry’s demand. According to the most recent ONS figures, 7% of construction workers in the UK are EU27 nationals and 3% are non-EU. The number of migrant workers alone in the industry creates immigration compliance risks even for law-abiding construction companies duties who may, through reason of scale, be unwittingly employing undocumented workers. Through Operation Magnify, the government sought to raise awareness and catalyse a sense of urgency among construction businesses as to their legal duties in ensuring their workforce – both employees and contractors – are documented and lawfully employed. More than this, the government also looked to address wider issues of national security, to ensure that all workers – particularly those operating on so-called ‘sensitive sites’ such as government land – had been subject to identification checks. Under the initiative, the Home Office contacted construction businesses, requesting data about their current and previous employees and contractors, and carrying out immigration raids on construction sites throughout the UK. A failure of duty? Construction companies, as with all UK employers, are required by law to perform document checks on their workers, confirming their right to work in the UK. If the Home Office finds the company has failed to perform its right to work document checks correctly, whether knowingly or not, they can issue a civil penalty for illegal employment for up to £20,000 per illegal worker, with no cap on the number of fines that can be issued to any one employer. If deemed to be employing an undocumented worker knowingly, this is a criminal offence punishable with up to two years in prison. In addition, there are the risks of business interruption and reputation damage and business interruption where for example the site is closed to allow immigration enforcement officers conduct their investigations.   UK construction & migrant workers Construction faces particular challenges in checking that workers have the right to work due largely to the prolific use of subcontractors and agency workers. In addition, smaller projects can be carried out on a less formal basis, with workers brought in briefly and paid cash-in-hand. Immigration law requires a migrant’s ‘main sponsor’, a company registered as such with the Home Office, to conduct right to work checks. This has created a tendency in the construction industry where companies higher up the supply chain, such as a Main Contractor or the client commissioning the project, do not conduct checks on employees who are on their building site but not employed directly. This tendency is exacerbated by construction being a low profit margin and highly time-pressured business. However, failing to check could lead your business to fall foul of the law. This is because UK immigration rules still require companies to demonstrate that they are satisfied that the workers in their supply chain have the legal right to work. UKVI continues to conduct ‘unspecified visits’ to sites – surprise inspections where immigration officers under warrant can ask to see employers’ records and require workers themselves to provide evidence of their right to work. It is essential, though, that construction companies carry out reasonable checks to ensure that migrants have the right to work. Companies must also be able to show that they conduct such checks. In cases where a worker’s visa has expired, the company must show that it is taking steps to rectify the situation, for example by renewing the visa. So again, good record keeping is a must. Conclusion While the noise around Operation Magnify may have quietened, possibly signifying a downgrade in Home Office priority, construction companies should be mindful thayt the government could very well announce changes to immigration rules on the back of the initiative tomorrow. For the time being, immigration compliance duties on employers remain as they stand, meaning construction companies must ensure all those that they work with have the legal right to work in the UK. It is difficult to say conclusively if lessons have been learned and the industry has improved its position on compliance since Magnify – although Home Office civil penalty figures continue to suggest high numbers of UK employers across all sectors are struggling to meet their duties. With changes to UK immigration rules in respect of EU citizens on the horizon, we expect employer right to work checks to continue to be relied on by government as the first line in ensuring all workers have the correct documentation, keeping employer compliance firmly under the Home Office spotlight.   Anne Morris is an immigration lawyer and managing director at UK immigration law firm DavidsonMorris.

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Landlords face up to 17 week wait to evict problem tenants

It takes an average of 118 days for court-appointed bailiffs to evict tenants from private landlords properties after bringing a claim to court.   Landlords in London are the most likely to have to evict, while those in the South West, North East and West Midlands were least likely to have to go all the way to court to secure their evictions. Landlords can see at a glance how their region fares here.   New analysis of government figures by Simple Landlords Insurance shows it took an average of 16.9 weeks from claim to bailiff eviction in the first quarter of 2018. A total of 21,429 possession claims were brought to court last year, of which 6,260 ended in eviction by bailiff.   It’s the first time that the length of time it takes for private landlords to evict through the court system has been made public – and it’s been broken down by region and population density so landlords – and tenants – can find out exactly what level of risk they face in each area of England and Wales.   Tom Cooper, Director of Underwriting at Simple Landlords Insurance, says: “The good news for everyone is that in 2017 only 0.5% of landlords made a possession claim in court. And only a third of those had to go through to the bitter bailiff end. The bad news is that if it does happen to you, it can cost a lot of money – and not just the average £1,700- £2,000 in legal fees.   “We wanted to get a more realistic idea of the impact of the process in terms of lost income, inconvenience, and ongoing legal fees in the worst and longest case scenarios. Just looking at lost rent, there are few landlords who can afford to lose up to 6 months’ worth –  the time it takes for a tenant to go into arrears, for them to issue a Section 21 notice, and then for them wait 17 weeks to see the court process through.”   Key findings   The headlines for landlords include:   During 2017, private landlords brought 21,439 possession claims to courts in England and Wales.   27% of claims didn’t receive a court order. Many claims are rejected for failing to follow the correct eviction proceedings.   The average insurance payment made for eviction support is £4,341.22, which includes legal expenses and lost rent.   Landlords in London are more likely to have to evict a tenant, the figures show. Buy-to-let investors in the capital brought 195.3 claims per 100,000 households last year.   Landlords in the South West of England were least likely to bring eviction proceedings to court, with 58.9 claims registered per 100,00 households, followed by the North East and West Midlands.   It took longer for social housing providers to evict tenants, with an average claim-to-repossession time of 27.9 weeks vs 16.9 for private landlords.   The eviction timeline   The Ministry of Justice figures revealed it took an average of 6.9 weeks for a private landlord’s claim to result in the issue of an order requiring a tenant to leave the property. For those whose tenants stayed past the date given on the notice, it took an additional 3.2 weeks from the initial order to the granting of a possession warrant, and a further 6.8 weeks for a bailiff to take possession of the home if the claim went to the final stage making the total 16.9 weeks.   Rent arrears and legal expenses   Landlords can mitigate the risk of lost income, time and property damage if they have to bring possession proceedings to court with legal expenses insurance and rent guarantee insurance.   Legal expenses insurance helps landlords navigate the evictions process, including serving an eviction notice correctly, and legal support in court. Simple Landlords Insurance’s product includes 24/7 access to advice from its legal partners and costs £39.50 per year.   Rent guarantee insurance compensates landlords for the income they lose over the many months an eviction process can take, as well as the legal fees for pursuing an eviction through the court system, with premiums from £79.99 a year (based on the monthly rental income a landlord wants to cover).   Tom Cooper added: “We know that rent arrears are high up on the list of landlord worries. Possession claims by private landlords have risen by 3.5% in the last two years. Over the same period we’ve seen a 61% increase in take-up of rent guarantee insurance in addition to legal expenses cover as landlords feeling the pinch from tax and regulatory changes try to mitigate the risk of repossession.”   More detail on the analysis can be found here.

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British and migrant workers at risk of exploitation on UK construction sites, says CIOB

The Chartered Institute of Building (CIOB) is urging UK contractors to face up to the significant human rights risks in their supply chains, with the launch of a new report that finds both British and foreign workers at risk of exploitation. Construction and the Modern Slavery Act, tackling exploitation in the UK is published as the Gangmasters and Labour Abuse Authority (GLAA) and National Crime Agency (NCA) jointly lead a national enforcement campaign involving police forces and other agencies aimed at tackling labour exploitation. NCA analysis has identified construction as one of the most common sectors for labour exploitation in the UK. Criticising the industry’s slow response to the Modern Slavery Act, CIOB’s report highlights the aggressive business models that are creating an environment for unethical procurement and recruitment practices, and the systemic auditing failures that are allowing criminals to infiltrate major projects undetected. Problems are set at the top of supply chains with lowest cost tendering, abuse of the retentions system and late payment pricing out ethical practice. The situation is creating an imbalance of power that leaves all nationalities vulnerable to exploitation. Illegal activities such as blacklisting are also believed to be continuing, despite recent high profile court cases. Major contractors in construction typically have long and fragmented supply chains, with little visibility beyond tiers one or two. They are also heavily reliant on temporary migrant labour, a significant indicator of risk. Nevertheless, the report found examples of complacency and disbelief that major projects were vulnerable to criminal infiltration and human trafficking. This contrasted with incidents of modern slavery being found on major UK infrastructure programmes, PFI hospital projects, power plants, recycling centres, renovation projects, demolition sites and local authority schemes. The report highlights: How industry is conflating immigration checks with modern slavery checks. This is ineffective because many people trapped in modern slavery have a legitimate right to work in the UK. Severe weaknesses in commercial auditing models, with auditors disincentivised to report problems to the police. Poor transparency in supply chain reporting standards, with many eligible companies failing to produce a modern slavery report in the first annual reporting cycle. A significant number of published statements do not follow minimum legal requirements, including being visible on the company homepage and being signed off by a board director. A tendency for companies to water down their modern slavery statements to remove mention of risk, against the spirit of the Modern Slavery Act. Examples of sharp practice, with major players defaulting to legal compliance exercises that push responsibility onto their less well-resourced suppliers. This is also against the spirit of the legislation. Construction and the Modern Slavery Act includes interviews with a number of leaders and influencers, including: Independent anti-slavery commissioner Kevin Hyland OBE The late Paul Broadbent, former chief executive of the Gangmasters and Labour Abuse Authority (GLAA) Leading barrister Caroline Haughey QC Chief constable for Devon and Cornwall Police and national policing lead for modern slavery Shaun Sawyer Justine Currell, executive director of Unseen and the Modern Slavery Helpline The report explores the legal, investor and social pressures for driving change. It also highlights examples of industry best practice as well as platforms for information sharing, such as the GLAA’s construction forum.  Strategies for rehabilitating survivors of slavery are included through the Co-op Group’s Bright Future programme. CIOB is calling for a new industry narrative: asking contractors to acknowledge that every supply chain is at risk and collaborate more widely to combat crime. It is launching a Routemap to Fair Business which sets out steps for raising standards for all workers and suppliers, encouraging a more proactive approach to tackling systemic issues. Chris Blythe OBE, chief executive at the CIOB said: “It’s time to get real about the challenges facing UK construction. Contrary to public perceptions, modern slavery is not confined to small illegal operators. Criminals are attracted to big business because of the greater profits that they can earn. Unscrupulous labour providers, operating in the grey area of the law, are also creating misery for thousands of British and foreign workers. “We need to change the conversation that we have with clients, our peers and the media. Suppliers and labour agencies should be rewarded for finding and reporting problems, contractors need to promote fairer business models and clients need to be more explicit about their ethical expectations. This goes to the heart of professional leadership. We need to empower everyone working in this industry to act, share and collaborate for the greater good.” Independent anti-slavery commissioner Kevin Hyland OBE said: “The construction sector is recognised around the world as one of the highest risk industries for workers to be exploited in forced labour. It is therefore crucial that construction companies take meaningful action to prevent this crime from taking place within their operations and to ensure that anyone working in the sector within the UK or abroad are protected from abuse. “This new report from the CIOB builds on its previous good work highlighting the issue. It provides clear ways for responsible companies to tackle slavery and ensure their labour supply is protected. I hope to see many construction businesses taking up its recommendations and making real changes, so that it can set an example to other high risk sectors.” Roger Bannister, interim chief executive of the GLAA, said: “There are huge profits to be made for those unscrupulous enough to exploit vulnerable workers and the building industry is extremely lucrative for them. We have carried out operations targeting those who traffic migrant workers into the UK and then force them to work on construction sites, often with false IDs. “The protocol we developed in the autumn with the construction industry was a step in the right direction with some big names committing themselves to share information and play their part in tackling exploitation. We’d like to see more companies put their name to it and work with the GLAA in helping eradicate slavery altogether.” Andrew Wallis OBE, CEO of anti-slavery charity Unseen, which operates the Modern

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