On the 5 March, we were joined by Kresse Wessling (co-founder of Elvis & Kresse), Thea Cooper (Senior Business Manager of anti-slavery charity Unseen UK) and Safia Minney (founder of Fashion Declares) at our panel discussion exploring the potential for the fashion industry to be more sustainable as part of our B Corp month celebrations.

In an industry responsible for an estimated 21 million people being pushed into forced labour conditions while water and materials are wasted at exponential rates, the opportunities to have a positive impact are massive. Our panel and audience shared success stories, ideas and frameworks for how fashion can and should do better, particularly using circular and regenerative business models.

Levelling the playing field is the first critical step in causing the industry to shift. There are already great companies working to operate in ways that have a positive impact, but some of their products are often seen as elitist or expensive when compared to low-cost fast fashion. If the true cost of each garment was paid (in terms of materials used, equitable labour costs and environmental impacts) that perception would probably fall away. One way to achieve that is through extended producer responsibility (EPR). EPR puts responsibility on producers for the full life-cycle of their products including disposal at end of use. Another would be to require all companies to report on the difference between their highest and lowest paid worker, and more broadly to use Key Performance Indicators and Science Based Targets effectively.

We need to be more realistic about the true impact of consumerism, In the UK, the average person buys 58 new items of clothing every year and fast fashion companies subject their customers to an eye-watering amount of new stock every day on their platforms, with a vast proportion ending up in landfill having been never worn or barely used. If, as consumers, we want to have a positive impact, we need to shift our approach by choosing to invest in fewer items of clothing, and choosing products that are more sustainably produced and have a longer lifetime, as well as repairing or repurposing what we already have or shopping second hand. It may also be necessary to consider imposing restrictions/ regulations on consumer platforms.

Sustainability frameworks have the potential to embed better practices across the sector, but more needs to be done in terms of regulation and monitoring for this to be meaningful. And collaboration across borders would be needed for this to work because the twin issues of environmental and social justice are inextricably linked. Climate degradation is directly resulting in vulnerable people being pushed into modern slavery, often by having to migrate from their countries of origin. If we had more standards and safeguards implemented, not just in the fashion sector, but also across investors, pension funds and other industries, we would be much more likely to see a lasting change. Making sure there is access to fair, contextualised wages, should serve to reduce child labour and creating space for worker voices in the manufacturing reporting process should expose potential bad practices.

Supply chains are critical to addressing negative social and environmental practices. Some fashion companies are already working with their suppliers, manufacturers, and fibre suppliers to help make the system more resilient and fairer. Others are using innovation and taking a creative approach to address negative impacts (through reuse, recycling, and reliance on more craft skills). There is enormous opportunity and power in the purchasing pound, so fashion houses have the potential to push for positive behaviour from their suppliers.

Aligning values and being transparent is likely to result in positive action. Research shows that most people do not want to benefit at the detrimental cost to other people or the planet. Businesses like Elvis & Kresse and Tony’s Chocolonely demonstrate that business models that have a positive approach to environmental and social justice not only work but thrive. Running a business regeneratively or creatively creates space for opportunity and new  meaningful jobs, and consumers are keen to purchase from brands that align with their own values and beliefs.

Innovation, decarbonisation and social justice should be leading decisions in the fashion industry. We are in a climate and social emergency and the redesign of fashion systems to operate within planetary boundaries is critical. By 2070, a third of the population could have to move because of a failure of food security, lack of access to reliable water sources and extreme weather events. Businesses across the world are shifting away from fossil fuels and developing manufacturing methods that reduce a reliance on clean water and which are connected to other fast-emerging sectors such as the aquaculture and regenerative farming sector.

Collective action could have a positive impact on smaller brands who are seen as having less power over their suppliers. The key to checking the claims made by suppliers lies in auditing, taking account of worker voices, checking policies, processes, and contractual obligations. Working with others can relieve the pressure on smaller brands, give them more traction, and allow more opportunity to have a way to audit suppliers.

The power of the courts is increasingly being brought into this discussion with major fashion brands being taken to task for unsubstantiated greenwashing claims through strategic litigation and regulators. Across other jurisdictions more stringent requirements and opportunities are coming into force that could result in class action being taken where businesses profit from poor practices. For example, in the United States the incoming “Fashion Act” is expected to introduce strict due diligence and reporting obligations, bringing greater transparency to the environmental and social impact of apparel and footwear production. And in France, the lower house of parliament has backed a string of measures to make low-cost fast fashion, especially items from Chinese mass producers, less attractive to buyers. Key measures would include a ban on advertising for the cheapest textiles, and an environmental charge on low-cost items.

Evidence led research shows time and again that people want the brands that they buy from to align with their values, that doing business in a more equitable way has both financial and social benefits, and a shift to a better way of doing business is likely to have a wider positive impact on all aspects of our economy. If we don’t start to operate in this way, millions of people globally will be affected by poor working conditions, system challenges and environmental breakdown. The need to act is urgent.

If you’d like to discuss any of the points raised by our panel, we’d love to hear from you.

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The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.