abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

11 Apr 2016

Author:
Colleen Theron, CLT Envirolaw

Why does company disclosure matter under the Modern Slavery Act? Lessons from California and the Barber V Nestle USA Case

...Why does company disclosure matter under the Modern Slavery Act?...UK companies that are beginning to consider what information they should be disclosing in their modern slavery statements should take into account what the court’s are saying in the US. It is clear that as neither the MSA or the California Act mandate that companies prove that they have stopped modern slavery in their supply chains, instead they have to provide information on what steps they have taken...

What should companies be considering in light of this case? 1. The likelihood of litigation arising as a result of forced labour/ modern slavery in companies supply chains is increasing; 2. The provision to disclose what steps are being taken in both the Supply Chains Act and the Modern Slavery Act are voluntary and do not require that companies can prove that they have eradicated modern slavery; 3. The statements companies make should form the basis of any defence in instances where misrepresentation is alleged; 4. Provided a company can underpin its statements with robust and appropriate policies and procedures it will be in a better position to defend itself.

Timeline

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.