About this code
Corporate integrity, responsible sourcing, environmental sustainability and the safety and wellbeing of Workers in the countries where we do business are of paramount importance to us. Our aim is to promote best practices and drive accountability and transparency across our relationships with our Suppliers, for the mutual benefit of all involved. This Supplier Code of Conduct (Code) applies to companies, partnerships, unincorporated associations and individuals that provide goods or services to Fladgate LLP and/or any members of its group (Fladgate/we/us/our) or who undertake any activity on our behalf, either directly or indirectly (each a Supplier). Suppliers contracting with us are expected to meet the same ethical standards to which we hold ourselves, or equivalent standards that are relevant to their business sector.
Definitions and scope
In this Code:
Worker means any individual whom a Supplier employs, hires or engages, or otherwise uses to conduct its business.
Representative means a Supplier's suppliers, vendors, agents, and subcontractors who are involved in Fladgate's supply chain.
Who must comply with this scope?
Every Supplier must comply with this Code and must ensure that its Workers are aware of this Code and comply with it. Suppliers are also expected to communicate the principles stated in this Code across their own supply chains where their subsidiaries and Representatives and other business partners are involved in supplying goods or services to Fladgate, and to take reasonable steps to ensure that such parties adhere to this Code’s requirements.
Suppliers commitment
Each Supplier agrees that:
- it will comply with the requirements in this Code; and
- it has appropriate systems in place to ensure continuous compliance and to demonstrate such compliance.
1. Compliance with laws and regulations and priority of standards
1.1 In carrying out its agreement(s) with Fladgate, each Supplier must, in addition to complying with the minimum standards set out in this Code, comply with all applicable UK laws and regulations (and if applicable, the laws and regulations of any other jurisdiction where it or its Representatives operate) including but not limited to the laws and regulations relating to issues addressed in this Code.
1.2 Competing standards shall be addressed as follows:
1.2.1 if there is a conflict between any applicable laws or regulations, the provisions of an agreement with Fladgate and the provisions of this Code, the Supplier must meet the most stringent standard; and
1.2.2 if there is a conflict between the provisions of an agreement with Fladgate and the provisions of this Code, the Supplier must meet the more stringent standard.
2. Updating this Code
Fladgate has the right to modify this Code from time to time and the latest version will be published on our website, www.fladgate.com.
3. Workforce issues
Slavery, human trafficking and child labour
3.1 Each Supplier must comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015. This includes, but is not limited to, not supporting or engaging or requiring any forced labour, the use of child labour, bonded labour, indentured labour and prison labour.
Human rights
3.2 Each Supplier must comply with all internationally recognised human rights applicable to it, understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organisation's Declaration on Fundamental Principles and Rights at Work from time to time in force.
Equal opportunities
3.3 Fladgate is an equal opportunities employer and Suppliers must not discriminate in hiring, compensation, training, advancement or promotion, termination, retirement or any employment practice based on race, colour, national origin, gender, gender identity, sexual orientation, religion, age, marital or pregnancy status, disability, union membership or political affiliation or any other characteristic other than the Worker's ability to perform the job subject to any accommodations required or permitted by law. Each Supplier is expected to promote gender equality and women's empowerment, and to take steps to ensure that they are striving for the highest standards of support for Workers from minority and/or under-represented groups, such as BAME people, LGBTQ+ people and people with disabilities.
Freedom of association and collective bargaining
3.4 Each Supplier must respect, and must not interfere with, the right of Workers to decide whether to lawfully associate with groups of their choice, including the right to form or join trade unions and to engage in collective bargaining.
Working environment
3.5 Each Supplier must provide a safe, healthy and sanitary working environment and comply with UK health and safety laws and any other relevant laws where it operates. This includes, but is not limited to, implementing general and relevant industry-specific procedures and safeguards to prevent workplace hazards and work-related accidents and injuries. Where such hazards cannot be adequately prevented or controlled, the Supplier must provide Workers with appropriate personal protective equipment to protect against hazards typically encountered in that scope of work.
Wages and remuneration
3.6 Each Supplier must compensate all Workers with wages, including overtime premiums, and benefits that at a minimum meet the higher of:
3.6.1 the minimum wage and benefits established by applicable law;
3.6.2 collective agreements;
3.6.3 industry standards; and
3.6.4 an amount sufficient to cover basic living requirements.
4. Data protection and information security
4.1 Each Supplier must comply with all data protection laws and requirements (including the UK GDPR) when processing any personal data on Fladgate’s behalf or otherwise provided by Fladgate as part of the provision of the services.
4.2 Each Supplier must comply with the terms of any contract or separate confidentiality undertaking agreed with Fladgate that governs the use of confidential information and/or processing of personal data and must have in place appropriate measures to:
4.2.1 protect the integrity and confidentiality of information (including information belonging to or supplied by Fladgate) held on its systems (which include physical and online or electronic systems); and
4.2.2 ensure that there is no unauthorised access of the information by third parties, including its Representatives.
4.3 Each Supplier should take a responsible approach to the use of public information for the purpose of training artificial intelligence (AI) models, such as large language models, or algorithms, and must provide us with advance notice of any proposed usage of AI tools in connection with the provision of goods and/or services to Fladgate.
4.4 Each Supplier must promptly notify us of suspected or actual security or data breaches, any incidents that involve the loss of our information, or any disruption or likely disruption to services that may be caused by an incident. Notifications via email should be sent to: privacy@fladgate.com.
5. Environmental responsibility
5.1 Each Supplier must ensure that:
5.1.1 its operations comply with all applicable environmental laws, including laws and international treaties relating to (but not limited to) climate change, waste disposal, emissions, discharges and the handling of hazardous and toxic materials;
5.1.2 the goods it manufactures (including the inputs and components that it incorporates into its goods) comply with all applicable environmental laws and treaties; and
5.1.3 it will only use packaging materials that comply with all applicable environmental laws and treaties.
5.2 Each Supplier must have in place a suitable environmental management system for managing its environmental risks.
5.3 Each Supplier will notify Fladgate if it calculates its emissions and provide details of such calculations upon request by Fladgate.
6. Bribery and corruption
Each Supplier must comply with all applicable laws, statutes and regulations relating to the prevention of bribery and corruption (including but not limited to the Bribery Act 2010). To that end, each Supplier must not accept, offer, promise, pay, permit or authorise:
6.1 bribes, facilitation payments, kickbacks or illegal political contributions;
6.2 money, goods, services, entertainment, employment, contracts or other things of value, in order to obtain or retain improper advantage; or
6.3 any other unlawful or improper payments or benefits.
7. Tax evasion
Suppliers must not evade paying tax or knowingly assist others to evade taxes. Tax evasion generally refers to the illegal evasion of taxes where individuals or organisations dishonestly or fraudulently under-declare their taxes.
8. Prevention of fraud
8.1 Each Supplier must comply with all applicable laws, statutes and regulations relating to the prevention of fraud, and ensure that it does not commit a fraud offence (Fraud Offence) including but not limited to:
8.1.1 a common law fraud offence;
8.1.2 a statutory fraud offence, such as:
8.1.2.1 fraud by false representation;
8.1.2.2 fraud by failing to disclose information;
8.1.2.3 fraud by abuse of position;
8.1.2.4 participation in a fraudulent business;
8.1.2.5 obtaining services dishonestly;
8.1.2.6 cheating the public revenue;
8.1.2.7 false accounting;
8.1.2.8 false statements by company directors; and
8.1.2.9 fraudulent trading; and
8.1.3 aiding, abetting, counselling or procuring of any of these offences.
8.2 Suppliers must not commit a Fraud Offence with the intention to benefit (directly or indirectly) Fladgate or any of its clients.
9. Unfair business practices
Each Supplier must comply with all applicable competition laws (including but not limited to the Competition Act 1998), including but not limited to those relating to teaming and information sharing with competitors, price fixing and rigging bids.
10. Sanctions
Suppliers must not breach sanctions (whether trade, economic, transport or immigration), embargoes or export controls and must not take any action to violate, or cause Fladgate or any of its members, employees, consultants or other business partners to violate, any applicable sanctions, embargoes and export control laws (including those imposed by the UN, UK or US).
11. Procuring and managing Representatives
11.1 When assessing a Supplier's performance against the requirements set out in this paragraph, Fladgate will have due regard to the risk profile of the transaction, the Supplier's ability to comply with the requirements and the consequences where the Supplier fails to meet those requirements.
11.2 With regard to prospective Representatives, each Supplier must carry out appropriate due diligence on prospective Representatives that will form part of Fladgate's upstream supply chain. At a minimum, the due diligence must include the following:
11.2.1 investigations into prospective Representatives' stance, public statements, compliance with applicable laws and other actions on human rights, treatment of workers, bribery, tax evasion, fraud, ethical behaviour and the environment;
11.2.2 risk assessments for countries from which materials, components or finished goods are sourced; and
11.2.3 the prospective Representative's ability to meet the requirements and principles that are covered in this Code.
11.3 In its dealings with Representatives, each Supplier must:
11.3.1 ensure that agreements with Representatives include provisions that require the Representatives to comply with applicable provisions of this Code, having due regard to the risk profile of the transaction, the Representative's ability to comply with those provisions and the consequences where the Representative fails to meet those requirements; and
11.3.2 ensure that it has measures to monitor that those Representatives are complying with those provisions and that it has systems in place to address any deficiencies or breaches of those requirements.
12. Branding
Neither the Fladgate brand nor our logos (or any other brand or logo used by us) may be used by a Supplier in marketing or promotional material without our prior written approval.
13. Training
Each Supplier must keep a record of all training offered and completed by its Workers in relation to the matters covered by this Code and shall make a copy of such record available to Fladgate on request.
14. Self-monitoring and reporting breaches
14.1 Each Supplier must monitor its compliance with this Code and must report any breaches (actual or suspected) of this Code as soon as possible to the General Counsel, Fladgate LLP.
14.2 The Supplier must not retaliate or take disciplinary action against any Worker that has, in good faith, reported breaches of this Code or questionable behaviour, or who has sought advice regarding this Code.
15. Breach and remediation
15.1 Fladgate has the right to refuse to work (or to continue working) with the Supplier if it is unable to demonstrate continued progress towards meeting the requirements of this Code or is in breach of this Code.
15.2 Where Fladgate becomes aware of a breach of this Code by the Supplier or its Workers:
15.2.1 the Supplier must take all reasonable measures to ensure full compliance with this Code as soon as possible; and
15.2.2 Fladgate may require the Supplier to produce a remediation plan specifying the actions that the Supplier will take that will lead to compliance with this Code, and present it to Fladgate within 30 days of being requested to do so. If the Supplier fails to produce the remediation plan within this timeframe or fails to implement it within a reasonable time, Fladgate has the right to refuse to work (or to continue working) with the Supplier and to terminate its contract with the Supplier. Fladgate may also suspend the business relationship with the Supplier while remediation is ongoing.
15.3 Where Fladgate becomes aware that a Representative has been involved in an incident (or incidents) that would constitute a breach of any of the requirements under this Code, were they bound directly by it:
15.3.1 the Supplier must take all reasonable measures to ensure full compliance with this Code as soon as possible; and
15.3.2 Fladgate may require the Supplier to remedy that incident (or incidents) with that Representative. If the Supplier is not able to remedy such incident with that Representative within a reasonable time, Fladgate has the right to refuse to work (or to continue working) with the Supplier and to terminate its contract with the Supplier. Fladgate may also suspend the business relationship with the Supplier while remediation is ongoing.
