Ethical Trading Policy

INTRODUCTION

The BBC is committed to ensuring a high standard of ethical practices that respect and protect the human rights of everyone directly and indirectly engaged with the BBC. This includes the provision of safe and dignified working conditions and the protection of workers’ rights across its global businesses and throughout its supply chains.

The BBC further commits to supporting and working with its suppliers to ensure responsible business conduct and to prevent and mitigate the risks of modern slavery. The BBC seeks to understand and mitigate the human rights impacts of its operations and supply chains (paying particular attention to the rights of the most vulnerable workers) and conducts its business in accordance with the provisions of this Ethical Trading Policy (“the Policy”).

This Policy aligns with the principles of the Ethical Trading Initiative (ETI) Base Code and reflects all eleven fundamental conventions of the International Labour Organisation (ILO).1

SCOPE OF THE POLICY

This Policy applies to all areas of the BBC’s business and operations globally and requires all its Suppliers to observe the requirements of this Policy. Suppliers must ensure that their sub suppliers also comply with these requirements or similar throughout the supply chain.

The term “Supplier” includes direct suppliers of goods and services, contractors, labour providers, licensees, and sub-licensees and their associated sub-contracted manufacturers, suppliers or labour providers throughout the supply chain. It also includes companies producing content for the BBC.

Where the requirements of this Policy afford greater protection than national or international law, the terms of this Policy will prevail.

COMPLIANCE WITH THE POLICY (ENGAGEMENT PRINCPLES)

The BBC is willing to engage with Suppliers who:

  • demonstrate a clear and ongoing commitment to improving ethical standards that protect human rights;
  • meet the standards set out in this Policy and cooperate with any monitoring or verification requests required by the BBC to ensure compliance with these standards;
  • adopt a due diligence-based approach to continuously monitor and understand the impacts of their business activities on labour rights and human rights and supports and reasonably assists the BBC in doing the same;
  • commit to remedying any violations of such rights in line with the Remediation Principles below; and
  • can demonstrate a responsible and transparent approach to their working and general practices.

THE STANDARDS

Suppliers are expected to meet the following standards:

1. Employment of workers

1.1 Suppliers must not use forced, bonded, or involuntary prison labour (or where prisoners’ working conditions, compensation, and social security benefits are not reasonably commensurate to those of free workers) in any procured goods, services and content produced for the BBC.

1.2 Workers must not be required to lodge deposits or identity papers or pay recruitment fees (including but not limited to agency fees, visa costs, travel costs if applicable and medical tests) as a condition of work and must be free to leave their employer upon reasonable notice.

1.3 No child labour shall be used. All workers must have reached the age of 15 by the time of employment or have reached the minimum legal working age under national law, whichever age is higher.

1.4 Young workers under the age of 18 but above the age of 15 must not work at night or under potentially hazardous conditions. Suppliers must have in place effective risk management and monitoring systems for young workers to ensure their rights are being protected.

1.5 Where the BBC engages child performers or contributors in any production or associated business activity, the BBC Safeguarding Policy takes precedence over this policy, including in international operations.

2. Working environment

All workers shall be afforded a safe, hygienic and dignified working environment. Suppliers must ensure that the working conditions they provide meet the standards below and comply with all national health and safety laws and the requirements of ILO Convention 155.

2.1 Workers’ life or limb must not be endangered through the use of dangerous machinery, unsafe building structure or layout, or the use of hazardous chemicals or substances.

2.2 All necessary safety equipment (PPE) must be provided by the Supplier without charge.

2.3 Fire and other emergency alarm systems should be installed, fully functional and set up to notify all workers at the workplace. Fire safety and other emergency equipment must be operational, easily accessible, and well-maintained.

2.4 There must be an adequate number of safe, accessible and clearly marked fire exits from all buildings (including production and storage facilities, and office and domestic accommodation used by employees).

2.5 Workers must not be employed in potentially hazardous conditions without regular adequate safety training or supervision. Training must include emergency evacuation procedures. Adequate first aid provision must be readily accessible to all workers.

2.6. Workers must have access to clean and potable drinking water.

2.7 Workplaces must be well-ventilated, well-lit and where appropriate, adequate systems must be in place to manage risks associated with extreme weather, heat, and environmental incidents such as floods, storms, and drought. No worker should be exposed to dangerous working conditions caused by extreme weather conditions.

2.8 Workplaces must put into place appropriate measures to protect workers from and prevent the spread of disease or viruses. Workplaces must follow all legal protocols in place to ensure the same in the case of pandemics and other public health emergencies.

2.9 Living accommodation, where provided, must be in buildings that are separate from other areas of the workplace and must have an adequate fire alarm system and accessible fire safety equipment. Suppliers must provide hygienic conditions, including adequate living space, clean bathrooms, access to potable water, and appropriate food preparation and storage facilities. 2

2.10 Suppliers must avoid negative impacts to the environment that could directly and indirectly affect workers and local communities by focusing on reduction of pollution, careful management of water usage, and the appropriate disposal of waste and hazardous materials.

3. Hours, pay and benefits

3.1 Suppliers must comply with local legislation regulating employment, working hours and pay, including minimum wages, allowances and benefits (including, without limitation, holidays; sick leave; childcare; maternity provisions; social security; and retirement), life and health insurance, and workers’ compensation. In any event, wages must be adequate to meet the basic needs of workers and provide a reasonable discretionary income. The Real Living Wage is required to be paid in the below two scenarios.

  1. Regular contracted service provider staff working on-site at BBC offices and buildings in the UK, including cleaning, catering and security teams, must be paid the applicable UK or London Real Living Wage rate for their location.
  2. In accordance with clause 9 of the TV Business Framework and as agreed with Pact, all production personnel directly engaged by a producer (or a company within the same group) working on the production and/or delivery of a programme are to be paid the Real Living Wage.

3.2 Suppliers must not seek to avoid their legal obligations to workers by any means, including the extended or on-going use of temporary or fixed-term contracts, excessive use of labour-only providers, or the imposition or improper use of self-employed or contractor statuses for workers.

3.3 Where a valid Collective Bargaining Agreement is in place with workers, Suppliers shall comply with terms of that agreement (including those governing pay, hours, entitlements and benefits), unless those terms are less favourable to workers than those enshrined in law or this Policy.

3.4 Workers must be provided with and expressly agree to clear and understandable written information about their employment terms & conditions (including pay and

hours of work) before commencing work and Suppliers must maintain proper and accurate employment records.

3.5 Suppliers must not require workers to work excessive hours or to work without adequate rest periods. Total working hours must not regularly exceed 60 per week, inclusive of overtime. All workers shall be entitled to at least one day off in each 7 day period (or, where allowed by national law, 2 days off in every 14 day period) and overtime must be strictly voluntary and paid at a premium rate or in line with local legal requirements.

3.6 Workers must not be unreasonably restricted from taking leave to which they are entitled by law or contract.

3.7 Where deductions are taken from wages, including deductions for employer provided accommodation and food, they must be permitted by local law, be of a reasonable sum and relate to the service provided for that deduction. Workers must give their express agreement for each deduction, and such agreement may not form a part of their employment contract. The use of fines as a disciplinary measure is not permitted.

4. Respect for the individual

4.1 Suppliers must conduct their business in a manner that recognises the entitlement of all individuals to be treated equitably with dignity and respect, and to work in an environment free from physical or verbal abuse or threats, sexual or other forms of harassment, or intimidation of any description.

4.2 Disciplinary practices shall be fair and appropriate and must be clearly set out and communicated to workers. Workers must have the right to appeal the decisions of its employers, and to representation at grievance or disciplinary proceedings.

4.3 Suppliers must not discriminate against workers in any manner on the grounds of race, caste, national or ethnic origin, gender, age, disability, health (including mental health), pregnancy, marital status, family or caregiver status, sexual orientation, union membership, religion or political affiliation.

4.4 Suppliers must put in place appropriate and effective mechanisms and procedures through which workers may raise grievances. These mechanisms must enable workers to report anonymously and confidentially. Such grievance mechanisms must be culturally appropriate, fair, clearly set out and communicated to everyone it is applicable to, including contractors or those employed by labour providers. No worker should suffer dismissal, discrimination or any other unfair treatment as a result of raising a grievance.

5. Freedom of association

5.1 Suppliers must respect the right of all workers to join or form trade unions and to engage in collective bargaining in a lawful and peaceful manner. Where these rights are restricted by law, Suppliers must allow alternative parallel means for independent workers’ representation.

6. Business integrity

6.1 Suppliers must conduct their businesses in an ethical manner and must not seek to gain competitive advantage by means of unethical or dishonest practices including without limitation: bribery, corruption, kickbacks, the provision of gifts, favours or services.

7. Documentation and inspection

7.1 Suppliers must maintain proper, accurate and complete employment records, including calculation of pay and hours worked, and Suppliers must be transparent and cooperative during the inspection of employment records.

7.2 Suppliers must adopt effective systems for the implementation of the provisions of this Policy, and for monitoring and documenting compliance with its provisions to the satisfaction of the BBC. Suppliers shall in turn be responsible for implementing, monitoring and recording the compliance of their own Suppliers within the supply chain and reporting to the BBC as required.

7.3 Suppliers must maintain documentary records to demonstrate compliance with the terms of this Policy (or otherwise relating directly or indirectly to the implementation of the Policy) including a single set of original, verifiable, accurate and complete records on wages paid and hours worked for each employee, as well as documentation concerning grievances. Documentation must be stored for a minimum period of three years or in line with local legislative requirements, whichever is higher. All such documentation must be available to the BBC for inspection upon request.

7.4 Suppliers must permit the BBC (or its representative or nominees) to enter their premises (and any other work place utilised for or on behalf of the Supplier, whether or not owned or controlled by the Supplier) for the purpose of inspecting premises and documentation, and in order to establish due compliance with the provisions of this Policy.

REMEDIATION PRINCIPLES

Suppliers must notify the BBC in writing as soon as possible in case of a potential, suspected, or actual breach of the standards set out in this Policy. The BBC will work with its Suppliers on necessary actions that must be taken to remediate identified issues. Where a supplier does not meet the standards set out in this Policy, they must take appropriate remedial action to address all areas of concern within an agreed timeframe. Suppliers are required to demonstrate and verify corrective and remediation measures in line with the UN Guiding Principles on Business and Human Rights (UNGPs).

Remediation and corrective action must:

  • Prioritise the wellbeing of affected workers;
  • Be implemented with the informed consent of affected workers;
  • Where appropriate, be implemented collaboratively with other stakeholders such as local authorities, multi-stakeholder initiatives, and other industry peers;
  • Be carried out without prejudice to state-based remedial processes or to workers’ legal or fundamental rights;
  • Ensure workers are protected from retaliation, penalty and/or reprisal in the process and/or outcome;
  • Not prejudice workers’ ability to seek alternative and/or future employment;
  • Not result in loss of income for affected workers or their families. Workers’ legal wages must be paid whilst remediation processes are ongoing;
  • Where serious or fatal accidents have occurred, Suppliers must demonstrate to the satisfaction of the BBC that all appropriate steps have been taken to prevent similar accidents occurring in the future and that appropriate remedy has been provided to the affected parties’
  • Where recruitment fees and other work-related causes have been paid by workers or where identity papers have been kept by employers, the repayment of fees, or the return of any papers must be carried out without undue delay; and
  • Where child labour has been found, Suppliers must adhere to Impactt’s Child Labour Remediation Protocol.

Suppliers shall prioritise engagement and cooperation in the process of remediation over termination of an agreement, wherever possible. Where agreements are terminated with a sub-supplier as a result of an irremediable breach, such disengagement must be carried out responsibly to mitigate any negative impacts on the workers.

Where the BBC finds that a Supplier has implemented suitable corrective actions or is engaging in remedial processes/has provided appropriate remedy for negative impacts in line with the above principles, the BBC will consider engaging or re-engaging in business with the Supplier at its sole and absolute discretion, taking into due consideration any potential/actual adverse effects to workers in its decision-making.

Where the BBC finds that an existing supplier has failed to demonstrate the expectations set out in the Engagement Principles above, the BBC shall consider termination of contract as a last resort.

Contact

For queries regrading compliance with this policy, please contact ethical.policy@bbc.com.

1 The Ethical Trading Initiative’s (ETI) Base Code and the International Labour Organisation’s (ILO) Conventions, Protocols and Recommendations.

2 Standards should be in line with IFC and EBRD’s Workers’ accommodation: processes and standards.