Modern Slavery Act

Cunningham maintains relationships with many different organisations in its supply chain, as well as supplying varying levels numbers of contract, interim, temporary and permanent workers.

In the light of the general law on employment and human rights, and, more specifically, the Criminal Law (Human Trafficking) Act 2008, as amended by the Criminal Law (Human Trafficking) (Amendment) Act 2013., we have reviewed our existing compliance and risk management processes to determine what existing measures are undertaken and what further measures may be required to prevent slavery, human trafficking and child labour taking place in any part of our businesses or supply chain.

The Organisation has adopted a statement of our corporate values on the prevention of modern slavery, human trafficking and child labour. This value statement governs all our business dealings and the conduct of all persons or organisations with whom we contract directly, or who we appoint to act on our behalf. We expect all or who have, or seek to have, a business relationship with Cunningham and/or any member of our company, to familiarise themselves with, and act at all times in a way which is consistent with, our anti-slavery value.

ANTI-SLAVERY VALUE

As part of our culture of good governance for good business, at Cunningham we operate to a set of core values which reflect our relationships with our customers, shareholders, suppliers and team members. We adopt a behavioural value for all our business relationships, reflecting our attitude to the exploitation of individuals in any form, and more particularly the offences under the Acts. We are committed to opposing modern slavery in all its forms and preventing it by whatever means we can. We demand the same attitude of all who work for us and expect it of all with whom we have business dealings.

ANTI-CHILD LABOUR VALUE

Cunningham does not accept child labour and works actively against it in support of the United Nations (U.N.) Convention on the Rights of the Child (1989) and the International Labour Organisation (ILO) Minimum Age Convention no. 138 (1973) and ILO Convention on the Worst Forms of Child Labour no. 182 (1999).

Cunningham is against all forms of exploitation of children in any of its operations and facilities and does not provide employment to children before they have reached the legal age to have completed their compulsory education, as defined by the relevant authorities. The Company expects its suppliers, business partners and associates to have and uphold similar standards and abide by the relevant legislation. The violation of this principle will cause serious action, including discontinuation of the business relationship.

 PURPOSE OF THIS POLICY

Modern slavery is a criminal offence under the Criminal Law (Human Trafficking) Act 2008, as amended by the Criminal Law (Human Trafficking) (Amendment) Act 2013. (the “Acts”). Modern slavery can occur in various forms, including servitude, forced or compulsory labour and human trafficking, all of which deprive an individual of their liberty as other persons exploit them for personal or commercial gain. This document sets out the policy of the organisation with the aim of the prevention of opportunities for modern slavery to occur within its businesses or supply chain.

This policy’s use of the term “modern slavery” has the meaning given in the Act. Cunningham as an ethical organisation operates a zero-tolerance approach to modern slavery. We are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or those of our suppliers.

Child labour is a violation of a human right and it is recognised and defined by international instruments. International standards distinguish acceptable and unacceptable work for children at different ages and “child labour” should not be confused with “youth employment” or “student work”. For the purposes of this policy, a “child” means a person less than 16 years of age as defined by the Protection of Young Persons (Employment) Act 1996. Child labour means any work involving a child that is mentally, physically, socially or morally dangerous and harmful to children, prevents him or her from attending school or concentrating at school, or negatively impacts on the health, social, cultural, psychological, moral, religious and related dimensions of the child’s upbringing.

STEPS FOR THE PREVENTION OF MODERN SLAVERY

We are committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains, consistent with our disclosure obligations under the Acts. We expect the same high standards from all of our contractors, suppliers and other business partners, and we are evolving and updating our contracting processes to include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children. We expect our suppliers to hold their own suppliers to the same high standards. All team members have an obligation to familiarise themselves with our procedures to help in the identification and prevention of modern slavery and to conduct business in a manner such that the opportunity for and incidence of modern slavery is prevented.

Adherence to this policy forms part of all team members’ obligations under their contract of employment. Whilst recognising our statutory obligation to set out the steps we have taken to ensure that modern slavery and human trafficking is not taking place in our supply chains, we acknowledge that we do not control the conduct of individuals and organisations in our supply chains.

To underpin our compliance with practical steps, we intend to implement the following measure:

• conduct risk assessments to determine which parts of our business and which of our suppliers are most at risk of modern slavery so that efforts can be focused on those areas.
• engage with our suppliers both to convey to them our Anti-Slavery Policy and to gain an understanding of the measures taken by them to ensure modern slavery is not occurring in their businesses.
• where appropriate, as informed by our risk assessment, seek to introduce supplier pre-screening (for example as part of our tender process) and self—reporting for our suppliers on safeguarding controls.
• introduce contractual provisions for our suppliers to confirm their adherence to this policy and accept our right to audit their activities and (where practicable) relationships, both routinely and at times of reasonable suspicion.

Cunningham already has in place robust procedures pertaining to our employment practices in Ireland and Northern Ireland, including “right to work” document checks and the issuing of Contracts of Employment.

STEPS FOR THE PREVENTION OF CHILD LABOUR

Along with the above commitment to tackle modern slavery, we also currently take these specific steps in relation to preventing child labour:

• The Human Resources department carries out checks to ensure all employees are above the minimum working age (16).
• Security staff at our locations and premises do not permit minors to enter any facility as employees or subcontractors.

We also intend to implement the following measures in relation to our supply chain:

• conduct risk assessments to determine which parts of our business and which of our suppliers are most at risk of child labour practices so that efforts can be focused on those areas.
• engage with our suppliers both to convey to them this policy and to gain an understanding of the measures taken by them to ensure child labour is not occurring in their businesses.
• where appropriate, as informed by our risk assessment, seek to introduce supplier pre-screening (for example as part of our tender process) and self—reporting for our suppliers on safeguarding controls.
• introduce contractual provisions for our suppliers to confirm their adherence to this policy and accept our right to audit their activities and (where practicable) relationships, both routinely and at times of reasonable suspicion.

RESPONSIBILITY FOR THE POLICY

Ultimate responsibility for the prevention and prevention of modern slavery rests with the Company’s leadership. The board of directors of the Company has overall responsibility for ensuring this policy and its implementation complies with our legal and ethical obligations.

Management at all levels are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it and the issue of modern slavery.

ACTIONS TO REPORT MODERN SLAVERY OR HUMAN TRAFFICKING

1. Whistleblowing Procedure — direct access to senior leadership The Company’s whistleblowing Procedure is intended to provide guidance on how concerns can be communicated to the Company. Concerns about suspected modern slavery associated with the Company or our suppliers may be reported by employees in this manner. In summary, a team member should approach a company director with the nature of the complaint who will determine the company’s next course of action.

2. Confidential Feedback Line[1] – This line may be accessed by employees or any other person wishing to raise a concern. You should call this line in any of the following circumstances:

• You suspect a person acting on behalf of Cunningham or their sub-contractor base is seeking to exploit another in a way which could amount to modern slavery;
• You suspect that a person acting on behalf of one of our suppliers is seeking to exploit another in a way which could amount to modern slavery;
• You have received an approach from a person acting on behalf of Cunningham or their sub-contractor base who has invited you to participate in acts which could result in offences under the Acts being committed;
• You have information which leads to the rational conclusion that a person acting on behalf of Cunningham, subcontractor base or suppliers is preparing to commit, is committing or has committed any contravention of the stated Acts.

Reports to the senior Head office line are kept in confidence, subject to the need for Cunningham to act responsibly and within the law. The source of reports to the Line will be kept confidential, save to the extent that our maintaining that secrecy or the anonymity of the source is not permitted by law, or is not consistent with our maintaining our adequate procedures for the prevention of modern slavery being committed on our behalf or in any element of our supply chain.

3. Direct communication: The Company encourages members of the public or people not employed by us to email in confidence, Lisa Murtagh, Chief Operating Officer, to raise any concern, issue or suspicion of modern slavery in any part of our business or related supply chain.

SAFEGUARDS

We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that modern slavery of whatever form is or may be taking place in any part of our own business or in any of our supply chains.

Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern.

The Company will accept and take seriously concerns communicated anonymously. However, retention of anonymity does render investigations and validation more difficult and can make the process less effective.

Individuals are therefore encouraged to put their names to allegations. Any claims or allegations made which are found to be malicious or vexatious will result in disciplinary action being taken against the individual.

COMMUNICTION AND AWARENESS OF THIS POLICY

Any claims or allegations made which are found to be malicious or vexatious will result in disciplinary action being taken against the individual.

Our zero-tolerance approach to modern slavery must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.

REVIEW

This Anti-Slavery and Human Trafficking Policy will be reviewed by the Company’s Board of Directors on a regular basis (at least annually) and may be amended from time to time. This Policy will be used to inform our Statement on Slavery and Human Trafficking.

FOOTNOTE

[1] Those who are accessing this policy because they are seeking a business relationship with us/our businesses; or already have a business relationship with us/our businesses are also advised to familiarise themselves with the main features of our measures for combating modern slavery.