Modern slavery statements in care bids
If your care business turns over less than £36 million a year, you have no legal duty to publish a modern slavery statement, but you still need something to put in the tender. Section 54 of the Modern Slavery Act 2015 only binds commercial organisations at or above £36 million total annual turnover, and most SME care providers sit well below that. Buyers still routinely ask in the selection questionnaire for either a published statement or a modern slavery policy, so a short, signed policy covering your overseas recruitment and supply chain wins the mark without triggering the full statutory obligation. We check what each tender actually asks for, free, before you write anything.
What Section 54 actually requires
Section 54 of the Modern Slavery Act 2015, the 'transparency in supply chains' duty, requires in-scope commercial organisations to prepare a slavery and human trafficking statement for each financial year. According to Section 54 of the Modern Slavery Act 2015 (legislation.gov.uk), it applies to any commercial organisation carrying on business in the UK that supplies goods or services. The trigger is size, not sector. The Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015 set the prescribed threshold at £36 million total annual turnover per financial year. Below that figure you have no statutory duty to publish at all. 'Total' turnover is the phrase that catches care providers out. It means the turnover of the whole group, not one registered location, so a multi-site provider or a group structure can cross the line even when each branch looks small. The figure also includes the turnover of any subsidiary undertakings, wherever they operate, so a holding company with several care brands underneath it has to add them up. If you are clearly under £36 million, say so plainly in the bid and offer your voluntary policy instead. If you are anywhere near the line, calculate it properly before you tick any box, because an inconsistent turnover figure across a public tender is exactly the kind of detail an evaluator cross-checks against your accounts and your selection questionnaire.
Why buyers ask even when you are exempt
Public buyers ask for a modern slavery statement or policy regardless of your turnover, and you score by answering, not by being legally exempt. The selection questionnaire usually phrases it as 'provide a link to your published statement, or attach your modern slavery policy or position statement'. That second limb is written for SMEs precisely because most care providers are under £36 million. Answering 'not applicable, we are below the threshold' often reads as a gap and can cost the mark even though it is legally accurate. The smarter move is a short, signed policy that does the same job. It tells the buyer you understand the risk in your supply chain, you screen your recruitment, and you have a route to report concerns. The question is frequently scored pass or fail at selection stage, or sits inside a wider policy and procedure question, so a missing answer can knock you out before the quality round. Enforcement of Section 54 is by the Secretary of State seeking an injunction, with breach punishable as contempt of court by an unlimited fine, according to GOV.UK guidance, but for a care provider the real exposure is lost tender marks, not prosecution. Treat it as a scoring item, not a legal one, supply the document the question asks for, and you protect the point with almost no effort.
The care-specific risk you must address
A care-sector modern slavery statement has to name the obvious risk: overseas care worker recruitment and sponsorship under the Health and Care Worker visa. This is the angle that separates a credible care policy from a generic template, and evaluators in adult social care know to look for it. The Home Office and CQC have both flagged sponsored overseas workers as a recognised modern-slavery and labour-exploitation risk, after cases of workers paying illegal fees, having documents withheld, being charged for non-existent jobs, or being tied to a single sponsoring employer. So address it head on rather than burying it. State that you do not charge workers recruitment or sponsorship fees, that you do not withhold passports or documents, that you pay at least the going rate the visa requires, and that you check the labour-supply chain of any agency or umbrella body you use. Set out how staff can raise concerns safely, who they go to, and that they can do so without fear of losing their job or their sponsorship. If you sub-contract any staffing, say how you assure that supplier holds the same standards. A statement that engages with sponsorship in this concrete way reads as written by a real care employer who has thought about its own workforce, which is exactly the impression a scored answer needs to leave on a council or NHS evaluator.
What a compliant statement should contain
A usable modern slavery statement covers your business and supply chain, your policies, your due diligence, your risk areas, and the training behind it. Statutory guidance lists the headings an in-scope organisation should cover, and they work just as well for a voluntary SME policy: organisation structure and supply chains; relevant policies; due diligence processes; the parts of the business and supply chain most at risk and how you assess and manage that risk; effectiveness measures; and staff training. For a care provider, anchor each heading in real practice rather than boilerplate. Supply chain means recruitment agencies, sponsorship, agency staffing, PPE, laundry and catering suppliers. Due diligence means right-to-work checks, agency vetting and the visa controls above. Risk means overseas recruitment and any sub-contracted labour. Effectiveness means a named owner who reviews the document at least annually and a date on the front page. Training means your induction and safeguarding refreshers covering how to spot exploitation. Keep it to one or two pages for a voluntary policy, because the buyer is scoring relevance, not length. The statutory version is longer and, per GOV.UK guidance, must be approved by the board and signed by a director, so if you are over £36 million, build that sign-off into your year-end timetable rather than scrambling at bid stage when a deadline is days away.
Publishing it the way buyers check
If you are in scope, publish your statement on your own website with a link from the homepage, and add it to the central GOV.UK modern slavery statement registry, because buyers increasingly check both. Statutory guidance on GOV.UK, Publish an annual modern slavery statement, says an organisation should publish within six months of its financial year-end, board-approved and director-signed. A live, dated statement that an evaluator can open in seconds is far stronger evidence than a PDF buried deep in a tender attachment, and a working homepage link is part of what the guidance expects. If you are under £36 million and submitting a voluntary policy, you do not have to use the GOV.UK registry, but publishing the policy on your website still helps. It gives the buyer a verifiable link, signals you take the issue seriously, and means future tenders can simply point to the same URL instead of re-attaching a file each time. Either way, keep it current and dated. A statement headed three financial years ago tells an evaluator your governance has gone quiet, which undercuts the very assurance the question is testing for. Review it every year, refresh the date and any changes to your recruitment or suppliers, and re-sign it so the version in the bid is always the current one.
Modern slavery in care tenders: who must do what
How the Section 54 duty maps onto a typical care provider, and what to submit at each turnover band.
| Your situation | Statutory duty | What to submit in the bid | Sign-off |
|---|---|---|---|
| Under £36m total annual turnover | None under Section 54 | A short modern slavery policy or position statement covering overseas recruitment | Senior manager or director, dated |
| At or above £36m total annual turnover | Yes, full Section 54 statement each financial year | Link to your published statement on your website plus GOV.UK registry | Board approved, signed by a director |
| Multi-site or group structure near the line | Depends on total group turnover, not per-site | Calculate group turnover first, then submit the matching document | As per the band you land in |
| Buyer asks but you are exempt | None, but the mark is still scored | Voluntary policy plus a one-line note that you are below the threshold | Director or senior manager, dated |
| Using sponsored overseas care workers | Risk must be addressed whatever your size | Statement that names Health and Care Worker visa controls and no-fee recruitment | Director, dated |
Not sure if you qualify for a tender? We check it for free, before you pay anything, and we only take bids we believe you can win. Text TENDER to get started.
Common questions
Do small care companies need a modern slavery statement?
Legally, no. The Section 54 duty only applies at £36 million total annual turnover or above, and most SME care providers sit well below that, so there is no statutory obligation to publish. In practice, though, public buyers still ask for a statement or policy in the selection questionnaire and award a mark for it. The right move for a small provider is a short, signed modern slavery policy covering your recruitment and supply chain. It wins the point without taking on the full statutory obligation.
What is the turnover threshold for a modern slavery statement?
£36 million total annual turnover per financial year, set by the Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015. It is the total turnover of the whole organisation or group, not a single registered location, so a multi-site care group can cross the threshold even when each branch looks small. Calculate the group figure before you answer any tender question on this, because an inconsistent turnover statement in a public bid is exactly the kind of thing an evaluator picks up on.
What should a modern slavery statement include?
Statutory guidance points to six areas: your organisation and supply chains, relevant policies, due diligence, the parts of the business most at risk and how you manage that risk, effectiveness measures, and staff training. For a care provider, anchor these in real practice: recruitment agencies and sponsorship in the supply chain, right-to-work and visa checks as due diligence, and overseas recruitment as the headline risk. Name the Health and Care Worker visa and confirm you charge workers no fees and withhold no documents.
Is a modern slavery statement a legal requirement?
Only for commercial organisations at or above £36 million total annual turnover. Section 54 of the Modern Slavery Act 2015 requires those in-scope organisations to prepare a slavery and human trafficking statement for each financial year. Below the threshold there is no legal requirement at all. Even so, a buyer can still ask for a statement or policy in a tender and score it, so being legally exempt does not get you the mark. Submit a voluntary policy instead and you keep the point.
Where do you publish a modern slavery statement?
In-scope organisations publish on their own website with a link from the homepage, and on the central GOV.UK modern slavery statement registry, which buyers increasingly check. Statutory guidance says to publish within six months of your financial year-end, board-approved and signed by a director. If you are below the threshold and submitting a voluntary policy, you do not have to use the GOV.UK registry, but putting the policy on your website still gives the evaluator a verifiable, dated link to cite in future bids.
How much does it cost to work with Selective Care Match?
Your first tender is £795. We only take bids we believe you can win, and if a loss is clearly down to our writing error we rewrite the next one free. Our win rate is 96 percent. Standard tenders after the first are £3,000, with £50 per extra lot. Before any of that, the eligibility check is free: we tell you whether a tender genuinely fits your registration, turnover and evidence, including documents like your modern slavery policy, before you commit a penny.
Keep reading
SQ and PQQ in care tenders
Minimum turnover requirements
Social value in care tenders
How to respond to a care tender
Care tender checklist
Browse all care tender guides, or see care tender writing by service.
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