This statement is made on behalf of Macfarlanes LLP and its affiliated entities. References to “us”, “our”, “we” or the “firm” are references to each of these entities.
Our business
Macfarlanes LLP is an English law firm, which is authorised and regulated by the Solicitors Regulation Authority (the SRA) (SRA number: 486980).
The firm operates as a limited liability partnership and provides a broad range of legal services to UK and international
clients across various sectors and jurisdictions. We have 94 members who are supported by just over 800 employees.
We primarily operate out of offices based in London, with a small presence in Brussels that largely focuses on EU law advice.
Our Managing Partner is responsible for the day-to-day management of the firm and is supported by the firm’s Chief Operating Officer. Our Senior Partner chairs the firm’s Board (known as the Policy Committee) which oversees the strategic direction and governance of the Firm.
For more details about our firm and the services that we provide, please see the “Who we are” and the “Legal and regulatory” pages on our website.
Risk assessment
As an SRA authorised and regulated law firm operating within a strict ethical framework, we consider the risk of modern slavery in our own business to be relatively low. We acknowledge that this risk is greater in some of our supply chains (we discuss this risk further below).
Notwithstanding the above, we recognise that modern slavery and human trafficking are serious human rights violations that can occur in any industry and region, and we are therefore committed to identifying and mitigating the risk of modern slavery in our business and supply chains.
Our policies
We have a Slavery and Human Trafficking Policy, which reflects our zero-tolerance approach to modern slavery in our organisation and supply chain. The policy sets out our expectations of our partners and staff and outlines the procedures for reporting and escalating any concerns or incidents, as well as for assessing our suppliers for modern slavery risks.
We also have a number of other policies and procedures that support us in mitigating the risks of modern slavery in our business. These include:
- Dignity in the Workplace Policy – this policy prohibits (amongst other things) any form of discrimination, harassment, sexual harassment, bullying or victimisation. We have a dedicated HR team that supports our people and handles any grievances or complaints in a confidential and professional manner;
- Whistleblowing Policy – this policy aims to ensure the highest ethical standards are observed in the business activities of the firm, its partners and its staff, and which encourages freedom of speech and the good faith reporting of any negligence, compliance breaches or illegal acts or omissions that have been observed (including modern slavery). The policy also offers protection for employees who disclose any concerns. We have designated reporting officers who are responsible for receiving and investigating any reports under the Whistleblowing Policy including our compliance officer for legal practice and/or the Managing Partner who are responsible for receiving and investigating reports concerning modern slavery;
- Speaking Up Guidance – this guidance encourages our people to raise any concerns or issues they may have, without fear of retaliation or reprisal. It provides further information and advice on how to raise concerns about problematic behaviours or conduct (including concerns about modern slavery) and who to contact;
- Corporate Social Responsibility strategy - this reflects our commitment to making a positive contribution to society and the environment. We support various charitable and community initiatives, such as pro bono work, volunteering, fundraising and donations. We also aim to reduce our negative environmental impact and carbon footprint, by implementing measures such as improving energy efficiency and waste management, including recycling. We engage with our clients, suppliers, legal sector collaborations and other stakeholders on CSR issues and seek to reflect our environmental and social values and goals in our interactions with them; and
- Approach to Procurement Guidance (introduced in the last financial year) - this provides that, at a minimum, our supplier contracts will include a requirement on the supplier to comply with modern slavery and anti-corruption legislation, and taking a risk-based approach we may expect more than that.
People
The firm and its people are subject to the SRA’s Standards and Regulations, including the obligations to act in a way that upholds the constitutional principle of the rule of law; in a way that upholds public trust and confidence in the solicitors’ profession; with integrity; and in a way that encourages equality, diversity and inclusion.
As well as the HR policies listed above, we comply with all applicable UK and European employment legislation and ensure that all our partners and staff are paid fairly and have the right to work in the UK. We promote equal opportunities in employment and create a safe and trusted working environment for our people.
We are proud to be an accredited London Living Wage employer which means we are committed to paying a wage rate in the UK based on the cost of living. This commitment applies to not only directly employed staff but also to our third party contracted staff.
Our supply chain
Our supply chain consists mainly of UK-based suppliers that provide services to support our operations, such as IT, finance, risk, HR, business and know how systems, and our real estate and office infrastructure. However, due to the international nature of our legal services, we may from time to time procure services from jurisdictions where there is a higher risk of modern slavery.
Our relationships with our suppliers are sourced and managed by the directors or heads of the relevant business services teams. We select our suppliers based on various criteria including quality, reliability, sustainability, diversity and inclusion and ethical standards, not only price, and we require that they comply with all applicable laws and regulations, including, where appropriate, the Act. Social and environmental criteria are explicitly discussed during the procurement process.
Our Slavery and Human Trafficking Policy states that we will conduct a risk-based assessment on our suppliers as to whether modern slavery may be taking place. We undertake reasonable and proportionate due diligence on our proposed supplier arrangements and depending on the type of supplier this may include background checks, audits, site visits and questionnaires and request references on them.
Our risk lawyers regularly review supplier contracts to ensure that, where appropriate, they contain an effective anti-modern slavery and human trafficking clause and where appropriate we request that the supplier agrees to our standard clause which requires the supplier to:
- warrant that slavery and human trafficking (as defined by the Act) is not taking place in their business or supply chains;
- warrant that the supplier is in full compliance with the Act; and
- immediately report to us any breaches of such provisions.
We also reserve the right to terminate the contract or take other remedial actions if the supplier fails to comply with these obligations.
Training
We provide mandatory e-learning training on the Act to all our new joiners. It covers the legal requirements, the background and scope of the subject, and the signs and red flags of modern slavery in the supply chain. It also includes an assessment of the individual’s understanding of the key modern slavery issues and an 80% pass mark is required in order to complete the training.
We monitor and assess the completion and effectiveness of the training and provide feedback and support to our people, where needed.
Performance indicators
We use the following performance indicators to measure and evaluate our progress and effectiveness in preventing modern slavery in our business and supply chains:
- the number and nature of reports or incidents of modern slavery that have been identified, investigated and resolved. We are not aware of any instances of modern slavery taking place in our business or supply chains during the last financial year;
- the number and percentage of partners and staff that have completed the mandatory e-learning training on the Act; and
- the feedback and satisfaction of our internal and external stakeholders on our modern slavery policies and practices.
Looking ahead
We are committed to continuously improving our policies and practices to mitigate against the risk of modern slavery in our business and supply chains. We intend to take the following action this financial year to further refine our approach:
- review and update our Slavery and Human Trafficking Policy;
- review and update our modern slavery training programme including rolling out refresher/additional training for those involved in procurement;
- enhancing our due diligence and audit processes for our high-risk suppliers, especially those that operate in high-risk sectors or regions, and incorporating more ESG criteria and standards; including checking that such suppliers are paying their employees the minimum wage and checking that they have published a modern slavery statement on their website, where required; and
- we will continue to monitor any changes in the legal and regulatory environment, industry best practice standards and the expectations of our clients and stakeholders.
This statement has been approved by the Managing Partner on behalf of the members of Macfarlanes LLP.
Signed by: Luke Powell, Managing Partner
Date: 26 September 2024