#Anti-Slavery - Dixcart UK

Employment Law

The Government has been busy this month, announcing plans to reform the apprenticeship system, issuing new immigration guidance for Right To Work checks and changes to eVisas, and publishing its strategic plan for Anti-Slavery. Meanwhile, the Low Pay Commission has produced new policy recommendations for the national minimum wage and ACAS has produced new advice intended to raise awareness of neurodiversity at work.

Job Skills: Changes to apprenticeships in England and Scotland
Immigration: Home Office updates Employer’s guide to right to work checks
Modern Slavery: Anti-Slavery Commissioner publishes strategic plan for 2024 to 2026
NMW: Low Pay Commission policy recommendations for National minimum wage
ACAS: New advice published to raise awareness of neurodiversity at work

Job Skills: Changes to apprenticeships in England and Scotland

The government has announced plans to reform the apprenticeship system, aiming to increase the number of apprentices by up to 10,000 per year. The changes, which include shorter and more flexible apprenticeships, are designed to give employers more control over English and maths requirements, allowing them to decide whether adult learners need to complete a level two English and maths qualification to pass their apprenticeship.

The changes, which will come into effect immediately for English and maths requirements and from August 2025 for the minimum length of an apprenticeship, will enable more learners to qualify in high-demand sectors such as healthcare, social care and construction. The minimum duration of an apprenticeship will be reduced from 12 to eight months.

The government believes that these reforms will help to drive economic growth, meet government targets, and break the link between background and success. Employers, including the Federation of Small Businesses, have welcomed the changes, stating that they will help to fill skills gaps faster.

The new leadership of Skills England, a nationwide body for skills, will play a key role in implementing these changes.

The changes have been widely welcomed by businesses, with many stating that they will help to widen access to apprenticeships and remove unnecessary barriers. The government’s plan for growth, which includes these reforms, aims to support apprentices throughout their journey and provide opportunities for all, regardless of background.

Meanwhile, the Scottish Government introduced the Tertiary Education and Training (Funding and Governance) (Scotland) Bill on 5 February 2025. If passed, it will see responsibility for providing national training programmes and apprenticeships move from Skills Development Scotland to the Scottish Further and Higher Education Funding Council (SFC). The Bill aims to simplify the funding landscape for post-school education and training in Scotland, allowing the Scottish ministers to make grants available to the SFC for apprenticeships and explaining how those grants can be used.

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Immigration: Home Office updates Employer’s guide to right to work checks

As part of the digitisation of the immigration system, the Home Office now issues digital immigration statuses (eVisas) rather than physical biometric residence permits (BRPs). The Home Office has updated the Employer’s guide to right to work checks to confirm that, from 12 February 2025:

Individuals who apply overseas and are granted permission to enter the UK for more than six months are issued with a vignette (sticker) in their passport which is valid for 90 calendar days to enable them to travel to the UK. Following their arrival, they will have ten calendar days or before their vignette expires (whichever is later) to create a UKVI account (previously they were required to collect a BRP) to access their eVisa to prove to their employer they have the right to work in the UK.
If an individual needs to start work in the UK before creating a UKVI account and accessing their eVisa, their employer can conduct a manual right to work check using their 90-day vignette. However, before the expiry of the vignette, the employer must conduct a follow-up online right to work check to maintain their “statutory excuse” against civil penalties for illegal working. If, prior to the expiry of their vignette, the individual is unable to access their eVisa, or there is an error with it, they should contact UKVI. Their employer is not required to immediately terminate their employment if it believes that the individual has an ongoing right to work in the UK but it should contact the Employer Checking Service to try to obtain a Positive Verification notice to maintain its statutory excuse.

The list of acceptable documents for manual right to work checks has also been updated to confirm that:

A clipped British or Irish passport (identified by the corners of certain pages in the passport being cut or removed) is a cancelled document and therefore not acceptable proof of right to work.
A short or long birth certificate is considered acceptable when presented with official evidence of name and national insurance number issued by a government agency or a previous employer.

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Modern Slavery: Anti-Slavery Commissioner publishes strategic plan for 2024 to 2026

On 11 February 2025, the Independent Anti-Slavery Commissioner (IASC) published its strategic plan for 2024 to 2026, as presented to Parliament. The post of IASC, appointed by but independent to the government, was filled in December 2023 after being vacant for nearly two years. This plan covers the current IASC’s three-year term.

The IASC’s plan outlines three overarching objectives, together with a list of actions that the IASC intends to take to achieve them. The objectives cover the prevention of modern slavery, the protection and identification of victims, and the prosecution of offenders and victim support. Managing supply chain risk and transparency forms part of the prevention objective. The IASC reiterates that the role of private sector businesses should include working with suppliers to identify and rectify forced labour issues within production and manufacturing or recruitment practices.

While the plan praises the government’s introduction of a central registry for businesses’ statements under the Modern Slavery Act 2015 (MSA) on steps taken to prevent slavery in their operations and supply chains, it highlights general concerns about statement quality and poor enforceability. It also notes that the UK (unlike other European countries) has not introduced mandatory human rights due diligence legislation. To address these concerns, the IASC plans include:

Encouraging the government to strengthen its policy response to forced labour in domestic and global supply chains.
Pushing for mandatory human rights due diligence legislation in the UK.
Working with businesses to improve compliance with the MSA and promote best practice.

The IASC’s comments and proposals broadly align with recommendations made by a House of Lords Select Committee to revisit the former Conservative government’s draft Modern Slavery Bill (which would mandate the content of statements and introduce proportionate sanctions for non-compliance) and to introduce mandatory human rights supply chain due diligence. While the government’s response did not promise to implement these recommendations, it did indicate plans to review possible measures to increase transparency in global supply chains and promise to publish next steps in due course. It has also not ruled out introducing due diligence rules entirely, although it remains to be seen in which direction the UK will choose to go.

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NMW: Low Pay Commission policy recommendations for National minimum wage

The Low Pay Commission (LPC) has published its 2024 annual report on the National Minimum Wage (NMW). The report sets out its previous recommendations to the government on increases to the NMW from 1 April 2025. It also sets out the following policy recommendations to the government:

The issue of the entitlement of those working sleep-in shifts to the NMW should be addressed in the planned Fair Pay Agreement with the social care sector. Workers on sleep-in shifts are not currently entitled to the NMW following the Supreme Court’s ruling in Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8.
The entitlement to, and enforcement of, the NMW for seafarers should be looked at more widely, including via full implementation of the Seafarers’ Wages Act 2023 (SWA 2023). The SWA 2023 came into force in part on 23 March 2023, with the remaining provisions coming into force on 1 December 2024. However, government amendments to the Employment Rights Bill, approved at Committee Stage on 14 and 16 January 2025, will amend the SWA 2023, strengthening the rights of seafarers in relation to wages and working conditions. This includes the power to make regulations for determining the NMW-equivalent hourly rate for non-qualifying seafarers.

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ACAS: New advice published to raise awareness of neurodiversity at work

On 31 January 2024, ACAS published new advice on neurodiversity at work to help employers create inclusive organisations and raise awareness so that talking about neurodiversity is normalised.

The advice provides definitions of relevant terminology, but notes that the language around neurodiversity is constantly changing and it can be tricky to know what is appropriate. ACAS uses the term “neurodiverse” to describe the natural differences in how people’s brains behave and process information and “neurodivergent” to describe someone whose brain works differently to what is considered more typical. Common types of neurodivergence include ADHD, autism, dyslexia, dyspraxia, dyscalculia and Tourette’s syndrome.

Some neurodivergent people do not see themselves as disabled, but being neurodivergent may amount to a disability under the Equality Act 2010. The advice acknowledges that many employees will not disclose to their employer that they are neurodivergent and may mask their condition due to concerns about a negative reaction. Where an employer suspects that an employee is neurodivergent, ACAS advises that it should approach the situation sensitively, not ask directly about the employee’s condition and focus on any reasonable adjustments that might help to support them (whether or not they have a diagnosis for neurodivergence). Appropriate reasonable adjustments will vary as people often experience neurodivergence differently.

ACAS also gives practical advice on how to manage capability or conduct concerns for neurodivergent employees. Before using a formal procedure, an employer must first ensure that they have explored reasonable adjustments. For example, where an employee with ADHD is struggling to concentrate and is missing deadlines, an employer might provide noise-cancelling headphones or a quiet space to work. Where formal procedures are necessary and appropriate, an employer should ensure that such procedures incorporate reasonable adjustments for the neurodivergent employee (for example, setting out meeting records clearly for an autistic employee who finds disorganised information distracting).

Actively including neurodivergent employees at work is sometimes called “neuroinclusion“. ACAS recommends the following measures (among others) to create a neuroinclusive workplace:

Review recruitment processes, where possible allowing applicants to see questions before the interview and consider alternatives to interviews.
Train and support managers.
Raise awareness of neurodiversity (for example, through mandatory training, awareness days and campaigns or staff networks).
Have a neurodiversity policy stating the organisation’s overall commitment to neurodiversity inclusion and outlining available support.

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