Modern Slavery Checks in Care Tenders: What Providers Need

Modern slavery checks in care tenders have moved from a tick-box statement to a live exclusion risk. Under the Procurement Act 2023, a labour market enforcement order or a slavery and trafficking order against your organisation or a connected person is a discretionary exclusion ground, and convictions for labour market, slavery and human trafficking offences must be declared in your core supplier information. For care providers that sponsor overseas workers or use agency staff, the supply chain answer now carries real weight.

At a glance

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- Exclusion ground: Procurement Act 2023, Schedule 7, paragraph 1. Slavery and trafficking prevention or risk orders, or a labour market enforcement order under section 123 of the Employment Rights Act 2025, against the supplier or a connected person.

- Declaration: Procurement Regulations 2024, regulation 12(2)(d). Core supplier information must declare convictions for labour market, slavery and human trafficking offences.

- Annual statement: Modern Slavery Act 2015, section 54, for organisations with turnover of £36 million or more.

- Registry: GOV.UK encourages organisations to add their latest statement to the modern slavery statement registry.

- NHS and central government: PPN 009 applies from 24 February 2025. Councils may choose to apply the approach.

- Sources: Schedule 7, Modern Slavery Act 2015, s.54, PPN 009.

Who needs a modern slavery statement

Section 54 of the Modern Slavery Act 2015 requires commercial organisations above the turnover threshold to publish an annual slavery and human trafficking statement. The threshold is £36 million, set by regulation 2 of the Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015.

Most independent domiciliary care and supported living providers sit below that figure, so the statutory duty does not apply to them. That does not remove the question from the tender. Councils routinely ask every bidder to describe how it identifies and manages modern slavery risk, and some set the £36 million threshold as the point at which a published statement becomes mandatory for the bid.

GOV.UK encourages organisations to add their most recent statement to the government's modern slavery statement registry. Smaller providers can publish voluntarily, and doing so gives evaluators something concrete to check.

How modern slavery became an exclusion ground

Schedule 7, paragraph 1 of the Procurement Act 2023 makes it a discretionary exclusion ground where certain orders have been made against the supplier or a connected person. These include slavery and trafficking prevention or risk orders, and a labour market enforcement order under section 123 of the Employment Rights Act 2025.

Separately, regulation 12(2)(d) of the Procurement Regulations 2024 requires your core supplier information on the Central Digital Platform to declare convictions for labour market, slavery and human trafficking offences. Our guide to Central Digital Platform registration for care providers covers where those declarations sit.

The Fair Work Agency's published factsheet lists inspections, notices of underpayment and labour market enforcement orders among its powers. For care employers, underpayment and enforcement are now directly linked to procurement eligibility.

NHS and council buyers apply different rules

Procurement Policy Note 009 sets out the approach to tackling modern slavery in government supply chains. It applies to central government and NHS bodies, with provisions from 24 February 2025, and was last updated on 16 October 2025. Councils are not mandated to follow it, but the note says other public sector contracting authorities may wish to apply the approach.

In practice, ICB and NHS trust tenders are more likely to include structured modern slavery questions and contract clauses, while council tenders vary. Read the question and the contract terms together.

Where the risk sits in care provision

Evaluators know where modern slavery risk concentrates in adult social care, and your answer should address these points directly:

• Sponsored workers. Recruitment fees, debt to intermediaries, retention of documents and accommodation tied to employment.
• Agency and introduction routes. Workers supplied through third parties whose own practices you have not checked.
• Pay and hours. Unpaid travel time and unrecorded hours that push effective pay below the National Living Wage.
• Cleaning, catering and transport subcontracts that sit outside your core recruitment process.

What a strong modern slavery answer contains

1. A named lead at director level with responsibility for the policy and annual review.
2. Recruitment controls covering right to work, document checks done in person, and a written ban on charging workers recruitment fees.
3. Pay assurance showing how call monitoring and payroll data are reconciled so travel time is paid.
4. Supply chain due diligence on agencies and subcontractors, with contract clauses and a review cycle.
5. Training for managers and recruiters on the indicators of exploitation, with completion tracked.
6. A reporting route for staff, including whistleblowing, and how concerns are escalated to the police or the Modern Slavery and Exploitation Helpline.

Our guide to winning the workforce question after the overseas recruitment ban covers the recruitment side in more detail.

Frequently asked questions

Does a care provider need a modern slavery statement to bid for council tenders?

The statutory duty under section 54 of the Modern Slavery Act 2015 applies to organisations with turnover of £36 million or more. Below that, check the tender: many councils still ask how you manage modern slavery risk, and some require a statement at a stated threshold.

Can modern slavery issues exclude a supplier under the Procurement Act 2023?

Yes. Schedule 7, paragraph 1 makes it a discretionary exclusion ground where slavery and trafficking orders, or a labour market enforcement order under section 123 of the Employment Rights Act 2025, have been made against the supplier or a connected person.

Does PPN 009 apply to council care tenders?

PPN 009 applies to central government and NHS bodies. Councils are not required to apply it, though the note says other public sector contracting authorities may wish to adopt the approach. ICB and NHS trust tenders are therefore more likely to use it.

What modern slavery risks do care evaluators look for?

Evaluators look for controls on sponsored worker recruitment, agency supply chains, unpaid travel time and subcontracted services. A strong answer names the lead, the checks, the training and the reporting route, with evidence of review.

Can TenderLab write our modern slavery and workforce responses?

Yes. We write the full quality response, including modern slavery, recruitment and supply chain questions, from your own policies and records. We never insert policies or accreditations you do not hold.

How does TenderLab check our evidence before submission?

A separate quality assurance team evaluates every draft independently and returns it for redrafting until it meets our internal criteria. You then review and approve before portal submission.

Facing a workforce or supply chain question in a live tender? TenderLab supports health and social care providers only, with a 92% win rate across 200+ submissions. TenderLab Ltd, Companies House 17184263. Book a free consultation.

Related reading

• Winning the workforce question in care tenders after the overseas recruitment ban
• Can a failed care contract stop you winning the next one?
• Central Digital Platform registration for care providers

Further reading

• Modern Slavery Act 2015, section 54
• Publish an annual modern slavery statement, GOV.UK
• PPN 009: tackling modern slavery in government supply chains