Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were no reports the government or its agents committed arbitrary or unlawful killings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports that government officials employed them.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government routinely observed these requirements.
Stop-and-search in the country has declined from 1.2 million to 380,000 during the last five years. Three-in-four black, Asian, or minority ethnic Britons, however, feel that their communities are targeted by stop-and-search policies.
In January the Scottish government published new guidelines regarding the appropriate use of stop-and-search actions. Under the new guidelines, which came into force in May, police are able to stop and search persons only when they have “reasonable grounds.”
In Bermuda there were approximately 1,123 stop-and-search actions in the first half of the year, a significant decrease from a high of approximately 5,500 at the end of 2012, when gang violence was at its height. Civil rights groups stated the stop-and-search law unfairly targeted blacks.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.
The Investigatory Powers Act 2016 came into effect in 2017 granting intelligence and police forces greater investigatory powers, including new powers for interception and collection of communications.
Section 2. Respect for Civil Liberties, Including:
c. Freedom of Religion
Section 7. Worker Rights
b. Prohibition of Forced or Compulsory Labor
The law prohibits forced and compulsory labor, but such practices occurred. The government routinely enforced these laws effectively. Resources and inspections were generally adequate and penalties were sufficiently stringent compared with other sentences for serious crimes.
The Modern Slavery Law, enacted in 2015, requires more than 12,000 firms with a global turnover of 36 million pounds ($47.2 million) that supply goods or services in the UK to publish an annual statement setting out what steps they are taking to ensure that slave labor is not being used in their operations and supply chain. Foreign companies and subsidiaries that “carry on a business” in the UK also have to comply with this law. The law includes the ability for courts to make reparation orders following the conviction of exploiters and prevention orders to ensure that those who pose a risk of committing modern slavery offenses cannot work in relevant fields, such as with children.
Forced labor in the UK involved both foreign and domestic workers, mainly in sectors characterized by low-skilled, low-paid manual labor and heavy use of flexible, temporary workers. Those who experienced forced labor practices tended to be poor, living on insecure and subsistence incomes and often in substandard accommodations. Victims of forced labor included men, women, and children. Forced labor was normally more prevalent among the most vulnerable, minorities or socially excluded groups. Albania, Nigeria, Vietnam, Romania, and Poland were the most likely countries of origin, but some victims were from the UK itself. Most migrants entered the UK legally. Many migrants used informal brokers to plan their journey and find work and accommodation in the UK, enabling the brokers to exploit the migrants through high fees and to channel them into forced labor situations. Many with limited English were trapped in poverty through a combination of debts, flexible employment, and constrained opportunities. Migrants were forced to share rooms with strangers in overcrowded houses, and often the work was just sufficient to cover rent and other charges. Sexual exploitation was the most common form of modern slavery reported in the UK, followed by labor exploitation, forced criminal exploitation, and domestic servitude. Migrant workers were subject to forced labor in agriculture, construction, food processing, service industries (especially nail salons), and on fishing boats. Women employed as domestic workers were particularly vulnerable to forced labor.
In Bermuda the Department of Immigration and the Director of Public Prosecutions confirmed there were no cases of forced labor during the year, although historically there were some cases of forced labor, mostly involving migrants, among men in the construction sector and women in domestic service. Media did not report any cases of forced labor or worker exploitation in 2016. The law requires employers to repatriate work-permit holders. Failure to do so had been a migrant complaint. The cases of worker exploitation largely consisted of employers requiring workers to work longer hours or to perform work outside the scope of their work permit. The Department of Immigration imposed civil penalties in approximately eight such cases. The penalties for employing someone outside the scope of their work permit are 5,000 Bermudian dollars ($5,000) for the first offense and $10,000 Bermudian dollars ($10,000) for the second or subsequent offenses.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in employment or occupation regarding race, color, sex, religion or belief, political opinion, national origin or citizenship, social origin, disability, sexual orientation, gender identity or reassignment, marriage and civil partnership, being pregnant or on maternity leave, age, language or HIV-positive status or other communicable diseases. Legal protection extends to others who are associated with someone who has a protected characteristic or who have complained about discrimination or supported someone else’s claim. The government effectively enforced these laws and regulations.
Discrimination in employment and occupation occurred with respect to race, gender, and sexual orientation and gender identity. Complainants faced higher fees in discrimination cases than in other types of claims made to employment tribunals or the Employment Appeals Tribunal.
The law requires equal pay for equal work. The government enacted mandatory gender pay reporting, aimed at closing the “gender pay gap,” a separate concept from the equal pay principle. From April, businesses with more than 250 employees are required to measure, and then report, on how they pay men and women. This affected 8,000 businesses employing approximately 11 million persons. The gap has narrowed over the long term for low earners but has remained largely consistent over time for high earners.
In July the government required the BBC to publish information on the earnings and salaries of employees making 150,000 pounds ($196,500) or more. The information revealed two-thirds of the 96 top earners were men and that the highest-paid woman earned less than a quarter of the salary of the highest-paid man. While the list showed a gender pay gap in the BCC at 10 percent, the gap across the UK was 18 percent.
A report survey in August by public body Creative Scotland found that one-half of women working in the arts in Scotland believed their gender was a barrier in career development. The report, which surveyed 1,500 individuals working in the arts, found that men were more likely to work in senior roles and more likely to earn more than women.
e. Acceptable Conditions of Work
The new National Living Wage became law on April 1. All workers age 25 and over are legally entitled to at least 7.50 pounds ($9.82) per hour. Workers between 21 and 24 are legally entitled to the National Minimum Wage, which was 7.05 pounds ($9.23) for individuals.
The government measures the poverty level as income less than 60 percent of the median household income; thus, the poverty line moves with the median income year to year.
Although criminal enforcement is available, most minimum wage noncompliance is pursued via civil enforcement. Civil penalties for noncompliant employers include fines of up to 200 percent of arrears capped at 20,000 pounds ($26,200) per worker) and public naming and shaming.
During the year catalogue retailer Argos was forced to pay 2.4 million pounds ($3.14 million) in wages to more than 37,000 current and former workers and was fined nearly 1.5 million pounds ($1.96 million) after HM Revenue and Customs investigation.
In February the Court of Appeal upheld a ruling that a London plumber who worked as a contractor for a company full time for six years was entitled to employment benefits such as sick pay.
The law limits the workweek to an average of 48 hours, normally averaged over a 17-week period. The law provides for one day of rest per week, 11 hours of daily rest, and a 20-minute rest break when the working day exceeds six hours. The law also mandates a minimum of four weeks of paid annual leave, including eight national holidays. As part of collective agreements, however, almost all workers are legally entitled to 5.6 weeks’ paid holiday per year, while an employer can choose to include bank holidays as part of a worker’s statutory annual leave. An individual employee may agree by contract to work overtime for premium pay. The law does not prohibit compulsory overtime, but it limits overtime to the 48-hour workweek restriction. The 48-hour workweek regulations do not apply to senior managers and others who can exercise control over their own hours of work. There are also exceptions for the armed forces, emergency services, police, domestic workers, sea and air transportation workers, and fishermen. The law allows workers to opt out of the 48-hour limit, although there are exceptions for airline staff, delivery drivers, security guards, and workers on ships or boats.
The government set appropriate and current occupational safety and health standards. The law stipulates that employers may not place the health and safety of employees at risk. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.
The Health and Safety Executive (HSE), an arm of the Department for Work and Pensions, effectively enforced occupational health and safety laws in all sectors including the informal economy. The fines for penalties are 400 pounds ($524), which was sufficient to deter violations. The HSE conducted workplace inspections and may initiate criminal proceedings. HSE inspectors enforced health and safety standards by giving advice on how to comply with the law. Employers may also be ordered to make improvements, either through an improvement notice, which allows time for the recipient to comply, or a prohibition notice, which prohibits an activity until remedial action has been taken. The HSE issued notices to companies and individuals for breaches of health and safety law. The notice may involve one or more instances when the recipient has failed to comply with health and safety law, each of which was called a “breach.” The HSE prosecuted recipients for noncompliance with a notice while the Crown Office and Procurator Fiscal Service (COPFS) prosecuted similar cases in Scotland.
Figures for 2015-16 show the HSE and COPFS prosecuted 696 cases with at least one conviction secured in 660 of these cases, a conviction rate of 95 percent. Across all enforcing bodies there were 11,403 notices issued. HSE and COPFS prosecutions led to fines totaling 38.3 million pounds ($50.2 million) compared with the 18.1 million pounds ($23.7 million) in fines from 2014-15.
Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.
According to the HSE annual report, 137 workers were killed at work in 2016-17. An estimated 621,000 workers sustained a nonfatal injury at work according to self-reports.
Bermuda’s law does not provide for a minimum wage, but the Department of Labor and Training enforces any contractually agreed wage. The law requires that work in excess of 40 hours per week be paid at the overtime rate or with compensatory time off; employees may waive rights to overtime pay. The law also requires that employees have a rest period of at least 24 consecutive hours per week. It provides for paid public holidays and two weeks’ paid annual leave. Regulations enforced by the Department of Labor and Training extensively cover the safety of the work environment; occupational safety and health standards are current and appropriate for the main industries. By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment. No industrial injuries were reported in 2016.