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The Government should implement the recommendation of the JCHR’s 2017 report.

Recommendation
The Government should implement the recommendation of the JCHR’s 2017 report. A civil cause of action of failure to prevent forced labour should be created, with the burden placed on the relevant corporation to prove that 82 they had adequate procedure in place to prevent such forced labour. It would be a defence for the corporation to demonstrate that they did have adequate procedures in place, for example due diligence processes. Those corporations which could not discharge that burden would be liable to pay compensation to the victims. (Recommendation, Paragraph 271)
Government Response
Response Pending
HM Government Response Pending
The RBC review will consider the effectiveness of the UK’s current regime and alternative means of supporting responsible business practices. A range of measures will be considered as part of the review, including consideration of measures that introduce a ‘failure to prevent’ obligation related to forced labour, amongst other harms. We have also established the Office for Responsible Business Conduct (ORBC) to replace the UK National Contact Point. The ORBC operates a non-judicial dispute resolution mechanism in respect to complaints about breaches of the OECD Guidelines on Responsible Business Conduct. Where businesses’ operations or supply chains are not in line with the Guidelines, the ORBC’s complaints mechanism examines claims made against UK multinational enterprises under the Guidelines and seeks to mediate an agreement between the parties. Where parties fail to reach a mediated agreement the ORBC can issue voluntary recommendations. Replacing the UK NCP with the Office for RBC more accurately reflects our mission and will improve visibility of its work, which in turn encourages accessibility to the complaints system. The function will continue to sit within DBT and provide a single front door for UK businesses, trade unions and civil society on these issues. The Government will work to make it as effective as possible in supporting businesses to integrate responsible practices into their operations through the OECD Guidelines for Multinational Enterprises (MNEs) and in helping victims of corporate malpractice achieve access to remedy. The RBC review is also assessing what measures may be required to further enhance the functions and impact of the Office for RBC.
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 0.9 yr
Report published 24 Jul 2025