MODERN SLAVERY AND HUMAN TRAFFICKING POLICY

info@thema-healthcare.co.uk.

1. Policy Statement

Thema Ltd, trading as Thema Healthcare, is committed to conducting its business ethically, responsibly and with integrity.

We have a zero-tolerance approach to modern slavery, human trafficking, forced labour, servitude, debt bondage, child labour and all other forms of labour exploitation. We are committed to taking proportionate and effective steps to prevent these practices from occurring within our recruitment activities, workforce, business operations and supply chains.

As a healthcare recruitment agency, Thema Healthcare recognises that recruitment and temporary staffing activities can present particular risks of exploitation. These may include illegal recruitment fees, withholding identity documents, threats relating to immigration status, misleading information about work, unlawful deductions from wages, restrictions on workers’ freedom and the use of unregulated labour intermediaries.

Thema Healthcare will not knowingly work with any person, client, supplier, contractor, intermediary or other organisation involved in modern slavery or unethical recruitment practices.

2. Purpose

The purpose of this policy is to:

  • establish Thema Healthcare’s commitment to preventing modern slavery and human trafficking;
  • explain the standards expected of employees, agency workers, applicants, clients, suppliers and business partners;
  • identify risks relevant to healthcare recruitment and temporary staffing;
  • set out procedures for recruitment, due diligence, reporting and investigation;
  • protect workers and applicants from exploitation, coercion and unlawful treatment; and
  • support compliance with the Modern Slavery Act 2015 and other applicable UK employment and recruitment legislation.

3. Scope

This policy applies to Thema Healthcare’s UK recruitment and temporary staffing operations.

It applies to:

  • directors and managers;
  • permanent, temporary, part-time and casual employees;
  • agency workers and healthcare professionals supplied to clients;
  • job applicants and prospective workers;
  • recruitment consultants and compliance personnel;
  • contractors, consultants and self-employed individuals;
  • clients and hiring organisations;
  • suppliers and subcontractors;
  • payroll providers and umbrella companies;
  • recruitment intermediaries, referral partners and overseas agents; and
  • any other person or organisation acting for or on behalf of Thema Healthcare.

Compliance with this policy is a condition of working with or representing Thema Healthcare.

4. Definitions

Modern slavery is an umbrella term covering serious forms of exploitation in which a person cannot freely refuse or leave a situation because of threats, violence, coercion, deception or abuse of power.

It includes:

4.1 Slavery and Servitude

The exercise of ownership, control or severe restriction over another person, including circumstances in which a person is treated as property or deprived of their freedom.

4.2 Forced or Compulsory Labour

Work or services that a person is forced to perform under threat, intimidation, punishment, coercion or deception.

4.3 Human Trafficking

Arranging or facilitating the travel, movement, recruitment, transfer, harbouring or receipt of a person for the purpose of exploitation.

4.4 Debt Bondage

A situation in which a person is required to work to repay a debt, particularly where the debt is excessive, unclear, manipulated or impossible to repay.

4.5 Child Labour

Work involving children that is unlawful, exploitative, harmful or interferes with their education, health, safety or development.

4.6 Labour Exploitation

The unfair or unlawful treatment of workers for financial or commercial gain. This may include unlawful deductions, withheld pay, excessive working hours, threats, intimidation, document retention or charging workers prohibited recruitment fees.

5. Legal and Regulatory Framework

This policy is informed by relevant UK legislation and guidance, including:

  • the Modern Slavery Act 2015;
  • the Human Rights Act 1998;
  • the Employment Agencies Act 1973;
  • the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
  • the National Minimum Wage Act 1998;
  • the Working Time Regulations 1998;
  • the Equality Act 2010;
  • the Immigration, Asylum and Nationality Act 2006;
  • the Agency Workers Regulations 2010;
  • the Employment Rights Act 1996;
  • the Health and Safety at Work etc. Act 1974;
  • the Fraud Act 2006;
  • the Bribery Act 2010; and
  • applicable statutory guidance and codes relating to ethical recruitment and the prevention of labour exploitation.

Where Thema Healthcare’s annual turnover meets the statutory threshold under section 54 of the Modern Slavery Act 2015, the company will prepare, approve and publish an annual slavery and human trafficking statement in accordance with the applicable legal requirements.

Thema Healthcare may also publish such a statement voluntarily where it considers this appropriate.

6. Our Business

Thema Healthcare is a specialist healthcare recruitment and temporary staffing agency operating in the United Kingdom.

The company supplies appropriately recruited and vetted healthcare professionals to healthcare and social care settings. Roles may include:

  • Registered Nurses;
  • Senior Care Assistants;
  • Care Assistants;
  • Care Practitioners; and
  • other health and social care personnel.

Thema Healthcare works with organisations including care homes, nursing homes, hospitals, GP surgeries, private clinics and other healthcare providers.

Because the company introduces and supplies workers to third-party organisations, it recognises its responsibility to protect applicants and workers throughout the recruitment, placement and assignment process.

7. Modern Slavery Risks in Recruitment

Thema Healthcare recognises that recruitment businesses may encounter elevated modern-slavery risks, particularly where workers:

  • are migrant workers or unfamiliar with UK employment rights;
  • have limited English-language skills;
  • depend on an employer, agency or third party for accommodation or transport;
  • have paid money to an intermediary to obtain work;
  • have immigration status connected to employment;
  • are experiencing financial hardship or debt;
  • have had their identity documents retained;
  • do not control their own bank account;
  • appear to be controlled by another person;
  • have been given misleading information about pay, hours or working conditions;
  • are reluctant or unable to speak privately;
  • are moved frequently between workplaces or accommodation;
  • are subject to unexplained deductions or charges; or
  • fear dismissal, deportation, violence or other consequences if they complain.

Thema Healthcare will assess such circumstances carefully and will not assume that possession of valid right-to-work documents means that exploitation is not occurring.

8. Ethical Recruitment Commitments

Thema Healthcare will operate fair, transparent and lawful recruitment processes.

The company will:

  • provide applicants with accurate information about available roles;
  • explain the nature of any proposed employment or engagement;
  • communicate pay rates, working arrangements and relevant deductions clearly;
  • provide required contractual and key information documents;
  • verify applicants’ identities and right to work lawfully;
  • undertake appropriate employment history, qualification, reference and compliance checks;
  • communicate directly with applicants wherever reasonably possible;
  • give workers an opportunity to ask questions privately;
  • avoid misleading promises about guaranteed work, hours, sponsorship or earnings;
  • maintain appropriate recruitment and placement records;
  • comply with applicable minimum-wage, holiday-pay and working-time requirements; and
  • treat all applicants and workers fairly and without unlawful discrimination.

No applicant will be selected or rejected because they have raised a genuine concern about exploitation, unlawful recruitment practices or working conditions.

9. Prohibition on Recruitment Fees

Thema Healthcare will not charge workers a fee for finding them work.

Workers must not be required to pay Thema Healthcare, its employees, representatives or recruitment partners in exchange for:

  • a job offer;
  • access to shifts;
  • preferential treatment;
  • an interview;
  • placement with a client;
  • sponsorship;
  • continued work;
  • an employment reference; or
  • release of wages or employment documents.

Legitimate costs that may lawfully be payable by a worker must be disclosed clearly, must not be disguised recruitment fees and must comply with applicable legislation.

Employees and representatives must not accept personal payments, gifts or financial benefits from applicants in return for employment opportunities.

Any suggestion that an applicant has paid or has been asked to pay an intermediary for a job must be reported immediately.

10. Identity Documents

Thema Healthcare may inspect and copy original identity, qualification, immigration and right-to-work documents where legally necessary.

Original documents must be returned promptly after inspection unless a lawful authority requires otherwise.

Thema Healthcare will not retain an individual’s passport, biometric residence permit, identity card or other original personal document as security, leverage or a condition of employment.

Workers must retain control over their own identity documents.

Any indication that a third party is holding a worker’s documents must be treated as a potential exploitation concern.

11. Right-to-Work Checks

Thema Healthcare will undertake right-to-work checks in accordance with current Home Office requirements.

Right-to-work checks must:

  • be completed fairly and consistently;
  • be based on original documents or authorised digital checking services;
  • not involve unlawful discrimination;
  • be repeated where legally required;
  • be documented securely; and
  • not be used to intimidate or control workers.

A worker’s immigration status must never be used to threaten, coerce or silence them.

Concerns about possible immigration offences must be managed lawfully and separately from concerns that the individual may be a victim of exploitation.

12. Overseas and International Recruitment

Where Thema Healthcare becomes involved in recruiting individuals from outside the United Kingdom, enhanced due diligence must be completed.

This will include, where applicable:

  • identifying every organisation and intermediary involved;
  • confirming that recruitment partners are properly authorised;
  • checking whether applicants have been charged recruitment fees;
  • reviewing contractual arrangements and payment structures;
  • confirming what applicants were told before travelling;
  • providing clear written information about the role, pay and location;
  • ensuring workers understand their employment rights;
  • assessing risks associated with accommodation, travel and debt;
  • confirming that original identity documents remain with the worker;
  • maintaining direct communication with the worker; and
  • following applicable UK ethical international recruitment guidance.

Thema Healthcare will not work with an overseas recruitment partner that charges workers unlawful or exploitative fees.

Where a worker has paid an undisclosed fee to an intermediary, Thema Healthcare will investigate and take appropriate action before proceeding with or continuing the placement.

13. Worker Pay and Bank Accounts

Workers must receive pay lawfully, accurately and within the agreed payment cycle.

Thema Healthcare will take reasonable steps to ensure that:

  • workers receive at least the applicable statutory minimum;
  • deductions are lawful, transparent and properly authorised;
  • payslips clearly explain payments and deductions;
  • wages are not withheld as punishment or security;
  • workers are not required to return part of their wages;
  • payment is ordinarily made into an account controlled by the worker; and
  • concerns regarding unusual payment arrangements are investigated.

Requests to pay wages into another person’s account may be accepted only after appropriate checks and where there is a legitimate, documented reason.

14. Working Hours and Assignments

Thema Healthcare will seek to prevent excessive or unsafe working hours.

The company will:

  • maintain appropriate records of assignments and hours;
  • consider working-time and rest requirements;
  • encourage workers to report excessive workloads;
  • avoid pressuring workers to accept assignments;
  • not penalise workers for declining optional shifts;
  • cooperate with clients where fatigue or excessive hours create safety concerns; and
  • investigate indications that another person is controlling a worker’s availability.

Workers must not be forced, threatened or coerced into accepting assignments.

15. Client Due Diligence

Thema Healthcare will take proportionate steps to ensure that clients receiving workers operate lawfully and ethically.

Before or during a business relationship, checks may include:

  • confirming the client’s legal identity and contact details;
  • understanding the nature and location of the work;
  • confirming role requirements, pay arrangements and working conditions;
  • identifying unusual accommodation, transport or payment arrangements;
  • reviewing contractual commitments;
  • assessing complaints or concerns raised by workers;
  • considering regulatory, enforcement or reputational information; and
  • obtaining assurances regarding labour standards where appropriate.

Thema Healthcare may refuse, suspend or terminate services where a client:

  • exploits or mistreats workers;
  • requests unlawful arrangements;
  • withholds wages or documents;
  • permits unsafe or degrading conditions;
  • discriminates unlawfully;
  • obstructs an investigation;
  • retaliates against a worker who raises concerns; or
  • fails to address identified modern-slavery risks.

16. Supplier and Business Partner Due Diligence

Thema Healthcare expects suppliers, contractors and business partners to uphold standards consistent with this policy.

Risk-based checks may include:

  • verifying legal ownership and trading status;
  • reviewing policies and contractual terms;
  • establishing whether labour is subcontracted;
  • identifying the use of overseas or third-party recruiters;
  • requesting information about worker recruitment and payment;
  • checking for enforcement action or credible allegations;
  • requiring corrective action where weaknesses are identified; and
  • terminating relationships where serious or repeated breaches occur.

Contracts may include requirements to:

  • comply with the Modern Slavery Act 2015;
  • prohibit forced labour and human trafficking;
  • prohibit unlawful recruitment fees;
  • permit reasonable compliance checks;
  • report suspected exploitation;
  • cooperate with investigations; and
  • take corrective action.

17. Warning Signs

Possible indicators of modern slavery include a worker who:

  • appears frightened, anxious, withdrawn or controlled;
  • is always accompanied by another person;
  • is not allowed to answer questions independently;
  • has limited knowledge of their home or work address;
  • does not possess their own identity documents;
  • has injuries or appears neglected;
  • works excessive hours without adequate rest;
  • has little or no access to their wages;
  • receives wages into another person’s account;
  • is transported to and from work by a controlling person;
  • lives in overcrowded or unsafe accommodation;
  • owes a significant debt connected to recruitment or travel;
  • believes they cannot leave their employment;
  • reports threats against themselves or their family;
  • has been deceived about the job, pay or conditions;
  • is threatened with immigration enforcement; or
  • appears unable to move freely or communicate privately.

One indicator does not necessarily confirm modern slavery. However, concerns must be taken seriously and reported.

18. Responsibilities

18.1 Directors

The directors are responsible for:

  • approving this policy;
  • promoting an ethical organisational culture;
  • ensuring adequate systems and resources are available;
  • reviewing significant allegations and risks;
  • authorising appropriate remedial action; and
  • ensuring legal reporting duties are met.

18.2 Managers

Managers are responsible for:

  • implementing this policy in day-to-day operations;
  • ensuring staff understand their responsibilities;
  • monitoring recruitment and placement practices;
  • escalating concerns appropriately;
  • maintaining confidentiality;
  • supporting affected workers; and
  • ensuring corrective actions are completed.

18.3 Recruitment and Compliance Staff

Recruitment and compliance staff must:

  • follow fair recruitment procedures;
  • conduct appropriate checks;
  • communicate directly with applicants;
  • identify possible indicators of exploitation;
  • ensure that no unlawful fees are charged;
  • keep accurate records;
  • report concerns immediately; and
  • avoid alerting a suspected exploiter where doing so may increase risk.

18.4 All Workers

All employees and agency workers must:

  • read and follow this policy;
  • complete required training;
  • remain alert to indicators of exploitation;
  • report concerns promptly;
  • cooperate with investigations; and
  • avoid any conduct that could facilitate exploitation.

19. Reporting Concerns

Concerns may be reported to:

The Director
Thema Healthcare
26 Owen Drive
Fair Oak
Eastleigh
SO50 7QX

Email: info@thema-healthcare.co.uk
Telephone: 0333 050 9994

Reports may relate to:

  • the treatment of an applicant or worker;
  • conduct by a colleague or manager;
  • a client’s working practices;
  • a supplier or intermediary;
  • recruitment fees;
  • document retention;
  • threats or coercion;
  • withheld pay;
  • suspicious accommodation or transport arrangements; or
  • any other indication of exploitation.

Concerns should include as much factual information as possible, but a person should not place themselves or another person at increased risk to obtain evidence.

20. Immediate Danger and External Reporting

Where a person is in immediate danger or a crime is in progress, the police should be contacted by calling 999.

Where there is no immediate danger, concerns may be reported to the appropriate law-enforcement, safeguarding or labour-market enforcement authority.

Managers must consider whether a concern should be referred to:

  • the police;
  • the local authority safeguarding team;
  • the Modern Slavery and Exploitation Helpline;
  • the Fair Work Agency or other relevant labour enforcement authority;
  • the Home Office;
  • the Care Quality Commission;
  • the Disclosure and Barring Service;
  • the relevant professional regulator; or
  • another competent authority.

Thema Healthcare will seek specialist advice where necessary.

Employees must not undertake their own covert investigation or confront a suspected trafficker where doing so could increase risk.

21. Safeguarding

Modern slavery may also constitute abuse under adult or child safeguarding procedures.

Where the potential victim is:

  • an adult with care and support needs;
  • a child;
  • a person lacking capacity;
  • dependent on another person; or
  • otherwise at increased risk,

the concern must also be considered under Thema Healthcare’s safeguarding procedures.

Safeguarding actions and criminal or employment investigations may take place at the same time.

The welfare and immediate safety of the potential victim must remain the priority.

22. Investigation

Thema Healthcare will assess all reported concerns promptly.

Depending on the circumstances, the company may:

  • ensure the individual can speak privately;
  • establish whether immediate protection is required;
  • preserve relevant records;
  • suspend a placement or business relationship;
  • remove a worker from an unsafe environment;
  • obtain specialist legal or safeguarding advice;
  • make an external referral;
  • cooperate with law-enforcement authorities;
  • investigate recruitment and payment arrangements;
  • review other potentially affected workers; and
  • implement corrective or disciplinary action.

Investigations must be impartial, appropriately documented and conducted in a way that protects confidentiality as far as reasonably possible.

Thema Healthcare will not attempt to mediate informally where there is a credible risk of serious exploitation or criminal conduct.

23. Support for Potential Victims

A person who may have experienced exploitation will be treated respectfully and without blame.

Thema Healthcare will, where appropriate:

  • listen to the individual privately;
  • consider their immediate safety;
  • avoid making promises that cannot be kept;
  • explain what information may need to be shared;
  • obtain consent where appropriate;
  • arrange translation or communication support;
  • signpost the individual to specialist assistance;
  • consider adjustments to work arrangements;
  • protect the person from retaliation; and
  • cooperate with safeguarding and law-enforcement processes.

The person will not be penalised merely because they have disclosed exploitation or raised a genuine concern.

24. Confidentiality and Data Protection

Information relating to modern-slavery concerns will be handled sensitively and in accordance with applicable data-protection legislation.

Information will be shared only where:

  • necessary to protect a person;
  • required by law;
  • required for an investigation;
  • necessary for safeguarding;
  • requested by a competent authority; or
  • otherwise supported by an appropriate lawful basis.

Records must be accurate, factual, secure and limited to relevant information.

Confidentiality cannot be guaranteed where withholding information would place a person at risk or prevent the reporting of a serious crime.

25. Whistleblowing and Protection from Retaliation

Employees and workers are encouraged to report concerns in good faith.

No person will suffer dismissal, loss of shifts, threats, harassment, discrimination or other detrimental treatment because they:

  • raised a genuine concern;
  • refused to participate in exploitation;
  • supported a potential victim;
  • cooperated with an investigation; or
  • reported suspected criminal conduct.

Any retaliation will be treated as a serious disciplinary matter.

Knowingly making a malicious or deliberately false allegation may also result in disciplinary action. An allegation that is made honestly but is not substantiated will not, by itself, result in action against the person who reported it.

26. Training and Awareness

Relevant employees will receive training proportionate to their roles.

Training may cover:

  • forms of modern slavery;
  • exploitation risks in healthcare recruitment;
  • recruitment-fee prohibition;
  • right-to-work checks;
  • warning signs;
  • ethical interviewing;
  • safeguarding;
  • reporting and escalation;
  • handling disclosures;
  • confidentiality; and
  • responsibilities under this policy.

Modern-slavery awareness will be included in induction and refreshed periodically.

Additional training may be provided to directors, managers, recruitment personnel, payroll staff and compliance teams.

27. Breaches of This Policy

A breach of this policy by an employee may result in disciplinary action, up to and including dismissal.

A breach by an agency worker may result in:

  • removal from an assignment;
  • suspension from further placements;
  • investigation;
  • termination of engagement; or
  • referral to an external authority.

A breach by a client, supplier, contractor or business partner may result in:

  • corrective-action requirements;
  • suspension of services;
  • termination of the commercial relationship;
  • reporting to a regulator or law-enforcement body; or
  • legal action.

The seriousness of modern-slavery allegations means that commercial considerations must not take priority over worker safety or legal compliance.

28. Monitoring and Performance Measures

Thema Healthcare will monitor the effectiveness of this policy using proportionate measures.

These may include:

  • the number and nature of concerns reported;
  • completion of staff training;
  • recruitment-file audit outcomes;
  • evidence of direct candidate contact;
  • reports of recruitment fees;
  • client and supplier due-diligence completion;
  • payment and deduction concerns;
  • corrective actions and completion times;
  • worker feedback and complaints;
  • identified high-risk arrangements; and
  • terminated or suspended business relationships.

The absence of reported incidents will not automatically be treated as evidence that no risks exist.

29. Continuous Improvement

Thema Healthcare will seek to improve its systems by:

  • reviewing incidents and concerns;
  • learning from audits and complaints;
  • updating training;
  • strengthening contractual protections;
  • improving worker communication;
  • reviewing higher-risk clients and suppliers;
  • considering changes in legislation and government guidance; and
  • consulting workers where appropriate.

Where a weakness is identified, a proportionate improvement plan will be created, assigned to a responsible person and monitored to completion.

30. Related Policies

This policy should be read alongside relevant Thema Healthcare policies and procedures, including:

  • Safeguarding Adults Policy;
  • Safeguarding Children Policy;
  • Recruitment and Selection Policy;
  • Right to Work Policy;
  • Equality, Diversity and Inclusion Policy;
  • Whistleblowing Policy;
  • Complaints Policy;
  • Grievance Procedure;
  • Disciplinary Procedure;
  • Data Protection and Confidentiality Policy;
  • Agency Worker Terms and Conditions;
  • Client Terms of Business;
  • Payroll and Wage Deduction Procedures; and
  • Health and Safety Policy.

31. Review

This policy will be reviewed at least annually.

It will also be reviewed sooner where:

  • legislation or official guidance changes;
  • a serious concern or incident occurs;
  • recruitment arrangements change;
  • Thema Healthcare begins international recruitment;
  • new supply-chain risks are identified;
  • an audit identifies weaknesses; or
  • the company becomes subject to statutory modern-slavery reporting requirements.