The Supplier Code of Conduct
This Supplier Code of Conduct outlines the expectations and ethical standards for Now Training and its suppliers.
By accepting any Purchase order from Now Training a Supplier commits that it will comply with the highlighted sections of this Supplier Code of Conduct. In addition, a supplier is expected to comply with all aspects of this Supplier Code of Conduct. While not all sections of the code are legally enforceable, it serves as a guiding framework to ensure mutual respect, transparency, and compliance with applicable laws and regulations. For the avoidance of doubt, the Supplier Code of Conduct does not take precedence where the courts or other institutions such as a regulatory agency, authority or body have jurisdiction.
Both parties should be open and transparent with each other and report any instances of non-compliance. In these circumstances, the first step is for the relevant department and the supplier to discuss and, where appropriate, agree suitable remedial actions. If a party considers that an issue has not been resolved by discussion, it may escalate it to the directors.
1 Employees and Service
1.1 Users Respectful treatment
Our employees, those of our suppliers, and customers have the right to respectful treatment. We are committed to fostering a diverse and inclusive workplace free from discrimination, harassment, and victimisation. Suppliers must uphold these values and comply with the Equality Act 2010.
1.2 Professional behaviour
We will work constructively and collaboratively with our suppliers. We expect suppliers to be prepared to invest in their relationships with us and establish trust with our staff and with any other suppliers involved in delivery. We also expect suppliers to be able to speak out when other suppliers are not upholding the values embedded in this Supplier Code of Conduct. We also expect suppliers to speak out, without fear of consequences, when a project or service is unlikely to succeed because of our behaviours or a lack of good governance. Suppliers should establish clear communication channels and conflict resolution mechanisms to address any issues promptly and effectively.
1.3 Meeting customer needs
It is important that contracts with our suppliers meet the needs of our customers. We will work together with suppliers to articulate these outcomes to ensure that the goods and services being provided meet the needs of customers and we expect fully reciprocal behaviour from suppliers.
Service level for speed of reply to a training request (any responses outside of 8 hours may be excluded). Service level for speed of reply to training issues (requires immediate response and an escalation point). Service levels for transfer and cancellation terms: For public scheduled courses, Now Training will adhere to Supplier Transfer and Cancellation terms. For closed course and onsite courses, Now Training may require the Supplier to adhere to specific Now Training customer Transfer and Cancellation terms.
1.4 Vulnerable users
Sometimes we deliver services to customers with particular needs such as physical or mental disabilities, medical conditions or other factors that place them in a vulnerable position. Suppliers will ensure that they are always treated with courtesy and that their dignity, safety, security and wellbeing is treated as a priority concern.
1.5 Human rights and employment law
Suppliers must both comply with all applicable human rights and employment laws in the jurisdictions in which they work. This includes complying with the provisions of the Modern Slavery Act 2015. In addition, suppliers must have robust means of ensuring that the subcontractors in their supply chain also comply.
2 Business practices
2.1 Management of risk
Our aim is to ensure that risk is allocated to the party best able to manage it. We do not expect a supplier to be made responsible for managing a risk that is best managed by another party. Suppliers should implement robust risk management practices, such as regular risk assessments and contingency planning. We expect suppliers not to pass down risk inappropriately to subcontractors. All parties should be prepared to share intelligence of supply chain risks, so that material commercial and operational risks, for example the impact of losing a key supplier, can be mitigated.
2.2 Continuous improvement
We expect our suppliers to use recognised industry practices in the delivery of goods and services. We also expect suppliers to continuously improve these goods and services and bring innovation, ideas and expertise to help address strategic issues. Suppliers should engage in regular performance reviews and feedback sessions to identify areas for improvement and innovation. We will endeavour to create the right conditions to allow suppliers to innovate both during the procurement process and the life of a contract.
2.3 Future Plans
In order to give guidance to suppliers on future opportunities and the associated resource implications, we will discuss our pipelines and plans for future services. Although we will update them regularly, suppliers should understand that these are only estimates.
2.4 End-to-end Delivery
Some of the services that we require are complex, and no single supplier will have complete contractual responsibility for every element of what is needed to deliver to the customer. In such cases, we will endeavour to create and maintain a culture that facilitates collaboration between all suppliers and to ensure that the right service outcomes are achieved. In order to achieve this, we expect suppliers to be aware of how they contribute to that overall delivery, and to work collaboratively with other suppliers to manage mutual dependencies and ensure that their product or service is used effectively in the delivery of a high quality service.
2.5 Data Quality
A robust delivery model including its pricing structure is dependent on the quality of data on which it is based. We will provide accurate data and/or build in flexibility (consistent with procurement legislation) to allow for subsequent validation of data, particularly where new services are being provided, for example, through the use of pilots. For us to be able to do this, where a contract is being reprocured, we will require incumbent suppliers to act in a timely manner and be forthcoming with information required for scoping the re-procurement and to behave in accordance with any required standards. As per the contractual obligations, this information should be provided promptly when requested and updated as required, for example, during any transitional phase leading to transfer of the provision of the services.
2.6 Value
Customers expect us to obtain value for every pound and to be able to demonstrate that long-term value. This means that contracts should be priced to offer sustainable value throughout their life, including when changes are needed. Whilst we accept that our suppliers make a fair profit margin in return for the risk they are accepting and the commitments and investments they make in order to be able to deliver services for us, we expect suppliers not to exploit an incumbent or monopoly position, an urgent situation or an asymmetry of capability or information to impose opportunistic pricing. We will engage constructively with suppliers in relation to any required changes and we expect suppliers to reciprocate this. We expect suppliers to work in good faith to resolve any disputes promptly and fairly during the life of a contract through good relationship management and, where appropriate, contractual dispute resolution mechanisms, recognising that customer and supplier interests are rarely best served by protracted litigation. We will seek to award contracts based on value for money that includes price and quality, including appropriate social value criteria. We will measure supplier performance on relevant and proportionate indicators and apply proportionate contractual remedies for non-compliance.
2.7 Reputation
We want to work with suppliers who are proud of their reputation for fair dealing and quality delivery. We want working with us to be seen as reputation enhancing for the supplier. We expect all parties to be mindful of the need to maintain trust and protective of our reputation, and ensure that neither they, nor any of their partners or subcontractors, bring this into disrepute by engaging in any act or omission which is reasonably likely to diminish this. This is not intended to limit any supplier’s legal obligations, or constrain whistleblowing or their ability to fairly criticise a policy.
2.8 Cyber Security, Data Protection, GDPR
It is essential that suppliers safeguard the integrity and security of their systems and comply with the relevant standards and guidance. Suppliers must inform the National Cyber Security Centre if they become aware of any cyber security incident that affects or has the potential to affect data. Suppliers must comply with data protection laws and ensure the confidentiality and security of any personal data they handle. GDPR, it is our policy to use only providers that are bound to maintain appropriate levels of security and confidentiality, to process personal information only as instructed by us, and to flow those same obligations down to their sub-processors. You can see our privacy policy at: https://www.nowtraining.co.uk/privacy-policy/
2.9 Sustainable Procurement
We expect our suppliers to be aware of, and support in, complying with any legal and contractual obligations under social value legislation, in delivery of the wider policy that sits behind the contract, and in the delivery of any targets. We expect our suppliers to assist in the understanding and reduction of supply chain impacts on our environment. We expect suppliers to be open and transparent in assisting in reporting publicly on product or service utilisation and any environmental impacts. Suppliers should adopt sustainable practices and contribute to social responsibility initiatives, such as reducing carbon footprints and supporting community development
2.10 Confidentiality
Suppliers are both expected to comply with the provisions in our contracts and any legal requirements to protect commercial and sensitive information. Suppliers may be party to confidential information that is necessary to be effective partners. This information, even if it is not covered by contractual provisions, should be handled with the same care as information of similar sensitivity. Notwithstanding this mutual understanding, suppliers should recognise that this does not prevent us from disclosing information where we are compelled to do so, for example, by law.
2.11 Conflicts of Interest
We expect suppliers to mitigate appropriately against any real or perceived conflict of interest through their work with us. A supplier with a position of influence gained through a contract should not use that position to unfairly disadvantage any other supplier or reduce the potential for future competition, for example by creating a technical solution that locks in the supplier’s own goods or services. The supplier is not permitted, under any circumstances, to contact a Now Training customer directly, unless permission is granted to do so by Now Training.
3 Standards of Behaviour
3.1 Ethical behaviour
We expect the highest standards of business ethics from suppliers and their agents in the supply of goods and services. Suppliers must adhere to ethical standards such as honesty, integrity, and fairness in all business dealings. We expect suppliers to be explicit about the standards they demand of executives, employees, partners and subcontractors and to have governance and processes to monitor adherence to these standards.
3.2 Counter Fraud and Corruption
We demand that suppliers adhere to anti-corruption laws, including but not limited to the Bribery Act 2010, and anti-money laundering regulations. We expect suppliers to have robust processes to ensure that the subcontractors in their supply chain also comply with these laws. We have zero tolerance of any form of corrupt practices including extortion and fraud that we become aware of and we expect suppliers to be vigilant and proactively look for fraud, and the risk of fraud, in their business. Suppliers should immediately notify us where fraudulent practice is suspected or uncovered and disclose any interests that might impact their decision- making or the advice that they give.
3.3 Transparency
We seek to be transparent in our dealings with suppliers and we expect suppliers to be open and honest in their dealings with us. In addition, where contractually required, we expect full and prompt disclosure of accurate cost, revenue and margin information (Open Book Accounting and Open Book Contract Management) in line with published guidance and the terms of the contract. Suppliers should expect us to discuss agreed key performance indicators and to conduct audits of open book contracts to ensure reporting requirements and any ‘payment for results’ mechanism have been fairly implemented.
3.4 Treatment of Supply Chain
We expect suppliers to deal fairly with the subcontractors and suppliers in their supply chain. We expect suppliers to avoid passing down unreasonable levels of risk to subcontractors who cannot reasonably be expected to manage or carry these risks. We expect suppliers not to create barriers to the use of small and medium-sized enterprises who are qualified to provide goods or services, and to encourage innovation in their supply chains to increase the value or quality of supply.
3.5 Prompt Payment
We expect suppliers to be fair and reasonable in their payment practices. Suppliers should pay subcontractors within 30 days on our contracts.
3.6 Corporate Governance and Corporate Social Responsibility
We expect our suppliers to adhere to the UK Corporate Governance Code or follow equivalent good corporate governance principles underpinned by robust processes. We also expect our suppliers to be good corporate citizens by upholding the values of this Supplier Code of Conduct, taking into consideration social value legislation in delivering goods and services and supporting key corporate social responsibility policy areas such as diversity and inclusion, sustainability, prompt payment, small and medium sized enterprise engagement, the Armed Forces Covenant, apprenticeships and skills development and addressing the gender pay gap.