The Production Factory

Code of Conduct

PF – COC – 002

SUPPLIER CODE OF CONDUCT

CONTENTS

  1. INTRODUCTION
  2. WHO MUST COMPLY WITH THIS CODE?
  3. YOUR COMMITMENT
  4. HOW WE WORK TOGETHER
  5. THIRD PARTY CONDUCT
  6. INTEGRITY
  7. SAFEGUARDING
  8. EXPENSES
  9. BREACHES OF THIS CODE
  10. WHISTLEBLOWING

  1. INTRODUCTION

The Production Factory (“TPF”, “We”, “Our”) strives to provide a working environment (both on and off set) where everyone is treated with dignity and respect. We are committed to operating with the highest levels of integrity, as this is the foundation we need to truly make a difference for our people, clients and communities.

We are committed to providing a safe and respectful working environment for everyone in all countries in which we operate. We have a zero-tolerance approach to bullying, harassment, racism or any other forms of discrimination, and our core principles are reflected in this Third-Party Code of Conduct (“Code”), which establishes the minimum we expect from all third parties operating and working on our sets.

From time to time, our clients require that we and our suppliers/contractors comply with their codes and policies (“Client Policies”) as a condition of working with them. Should this be applicable, we will notify you that, as a condition of working with us, you will also be required to comply with these Client Policies.

2. WHO MUST COMPLY WITH THIS CODE?

All third parties undertaking work with or on behalf of TPF shall comply with the Code, any applicable Client Code(s) and TPF’s safeguarding policy and shall ensure that its workers are aware of this Code and any applicable Client Code(s) and comply with them.

We define “Third Parties” to include:

  • any non-employee, organisation or company working on TPF’s behalf;
  • any non-employee, organisation or company otherwise supplying goods and services to TPF under a commercial agreement;
  • joint venture partners;
  • sub-consultants; and third party sponsors/agents.

Third Parties are responsible for ensuring their directors, employees, agents, representatives, suppliers,subcontractors and other business partners understand the expectations set out in our Code.

3. YOUR COMMITMENT

All Third Parties working with TPF agree that:

(a) You will ensure your employees and your workers (where applicable) will comply with the requirements within this Code and our Safeguarding Policy together with other Client Policies as and where applicable.

(b) You have and will maintain appropriate systems in place to ensure continuous compliance and to demonstrate such compliance.

(c) You will allow us and our appointed audit representatives (and those of our clients, as applicable), on reasonable notice, access to your relevant records, documents and premises (if applicable), to undertake audits, interviews and/or investigations to assess your compliance with our Code and any applicable Client Policies with which you are required to comply.

(d) You agree to ensure that the obligations under the Code and any applicable Client Policies with which you are required to comply, or obligations materially similar to the principles contained in such documents, are cascaded down your own supply chain.

This Code is incorporated into any contract we have with you and, as such, any breach of this Code will allow TPF to terminate its relationship with you with immediate effect.

4. HOW WE WORK TOGETHER

Bullying and Harassment

We’re committed to creating and maintaining a working environment in which the dignity of all our people is respected, including interactions our people have with Third Parties. We expect our working environment to be free from unwanted conduct, and for everyone to have the right to be treated with consideration, dignity and respect. If you have a concern in relation to any actual or suspected bullying, harassment, or racism, we encourage you to use the support available to try to resolve it as early as possible.

We define:

  • “Bullying” as “any behaviour that leaves the victim feeling threatened, intimidated, humiliated, vulnerable or otherwise upset”. Physical, verbal and non-verbal conduct can all amount to bullying. It can take various forms, from extreme behaviour involving violence and intimidation through subtle actions such as deliberate exclusion.
  • “Harassment” as “unwanted conduct in relation to a protected characteristic that has the purpose or effect of:

o violating someone else’s dignity; or
o creating an intimidating, hostile, degrading, humiliating or offensive environment for someone else”.

Harassment can occur where someone perceives another person to have a protected characteristic and can also arise by association, where someone is harassed because they are associated with someone with a protected characteristic.

Examples of Harassment
Harassment can occur in many forms, and while this is not an exhaustive list, examples include:

  • “banter” or jokes, taunts, insults or offensive comments that are sexual, racist, ageist, transphobic, homophobic or derogatory against other protected characteristics (i.e. disability; sex; gender reassignment; marital or civil partnership status; race; religion or belief; sex orientation; and age);
  • unwanted physical behaviour;
  • excluding someone from a conversation or marginalising them from a group;
  • unwelcome comments about someone’s appearance or the way they dress that is in relation to a protected characteristic;
  • consistently using the wrong names or pronouns for someone; and
  • displaying images that are racially offensive.
    Sexual harassment
    Harassment may be sexual in nature, and the law defines sexual harassment as:
  • “conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment”; and “less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct”. Sexual harassment can occur in many forms, and whilst this is not an exhaustive list, examples include:

physical conduct of a sexual nature, unwelcome physical contact or intimidation;

persistent suggestions to meet up socially after a person has made it clear that they do not welcome such suggestions;

showing or sending offensive or pornographic material by any means (e.g. by text, video clip, email or by posting on the internet or social media);

unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults;

offensive comments about appearance or dress, innuendo or lewd comments;

leering, whistling or making sexual suggestive gestures; and

gossip and speculation about someone’s sexual orientation or transgender status, including spreading malicious rumours.

What to do if you are being bullied or harassed

If you feel able to, you may decide to raise the issue with the individual themselves, to make it clear that their behaviour is not welcome and to ask them to stop. They may not be aware that their behaviour is offending you.

Alternatively, if you do not feel up to speaking directly to the individual, you may consider speaking with one of our employees who are present on set or form part of the project. You may or may not want them to talk to the individual on your behalf and, where possible, we will respect your wishes. However, if the welfare or safety of you or others is at risk or where your allegations are particularly serious, we may have to approach the individual. In such a case, we will, where possible, discuss this with you first.

We expect you and everyone working on any of our sets to take personal responsibility for observing, upholding, promoting, and applying this Code and any applicable Client Code(s). There is no justifiable reason to bully or harass someone else, and even if you do not intend to bully or harass someone else, this does not legitimise your behaviour, as it is the impact on the recipient which is important.

Anyone involved with a complaint about bullying or harassment (including witnesses) must keep the matter strictly confidential and act with appropriate sensitivity to all parties.

Diversity, Equality and Inclusion

TPF is a workplace where diversity is valued and celebrated, and where everyone has a voice, is empowered and has the same opportunities to be their best self. We expect all third parties to value Diversity, Equality and Inclusion and the benefits it can bring to our business relationship.

Anti-discrimination

We do not tolerate discrimination of any kind in TPF, including a requirement that all business-related decisions are based on merit, with no one being treated more or less favourably based on the grounds of any protected characteristic.

Health, safety and wellbeing

Third parties are expected to provide and maintain safe and healthy working conditions, equipment and systems for their workforce and, where applicable/required, for the benefit of our people. All Third Parties must comply with appropriate health and safety legislation and are expected to have in place appropriate management systems (including training) wherever they operate.

5 THIRD PARTY CONDUCT

Any third parties shall, in addition to complying with the standards set out in this Code and any applicable Client Code(s), 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 or the applicable Client Code(s).

If there is a conflict between: (1) any applicable laws or regulations; (2) the provisions of an agreement with TPF; (3) the provisions of this Code; or (4) any applicable Client Code, you must meet the most stringent standard.

Human Rights

All Third Parties are responsible for avoiding the direct or indirect infringement of any internationally recognised Human Rights. Third Parties are expected to mitigate and prevent impacts that are linked to their operation, products or services, including having appropriate due diligence measures in place to identify, prevent, mitigate and account for their Human Rights impacts and enable remediation. Third Parties should address adverse Human Rights impacts with which they are involved when they occur.

Modern slavery

All Third Parties are required to have a clear prohibition on the use of Modern Slavery throughout their supply chain and are expected to have adequate risk-based due diligence processes and management systems to minimise such risks arising and to take action if issues are identified. We expect Third Parties to work to implement best practice on Modern Slavery and Human Rights remediation and elimination, demonstrating a commitment to address Modern Slavery issues applicable to their operations.

Labour practices

All Third Parties must follow all applicable laws and regulations relating to acceptable labour practices wherever they operate and through their supply chains. We also expect the following principles, informed by the International Labour Organisation core conventions, to be followed:

  • Employment is always freely chosen. We do not tolerate forced, bonded or involuntary prison labour or schemes that give such an effect.
  • Freedom of association and the right to collective bargaining are respected. Workers are expected to have the right to join or form trade unions of their own choosing without discrimination and to bargain collectively (unless restricted by law). Where the right to freedom of association and collective bargaining is restricted under law, we expect employers to facilitate the development of parallel means for independent and free association and bargaining.
  • Working conditions are safe and hygienic. Adequate steps should be taken to prevent accidents and injury to health arising from or associated with the course of work. This includes minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment, and we expect employees to be provided regular and recorded health and safety training. Facilities provided to workers should meet, as a minimum their, basic needs.
  • Child labour shall not be used in any form by Third Parties or their supply chain. Third Parties should proactively support the transition of any child found to be performing child labour into quality education until they are no longer a child. Young persons under 18 should not be employed at night or in hazardous conditions.
  • Living wages are paid. Wages and benefits paid for a standard working week are expected to meet, at a minimum, national legal standards or industry benchmark standards (whichever is higher). All workers are expected to be provided with written and understandable information about their employment conditions (including hours and wages) before entering employment and at the pay period concerned each time they are paid. Deductions from wages as a disciplinary measure are not expected to be permitted unless legally allowed and with the express permission of the worker concerned.
  • Working hours are not excessive. All working hours must comply with national laws and collective agreements. We expect the following measures:
    • Working hours, excluding overtime, should be defined by contract, and are not expected to exceed 48 hours per week;
    • All overtime should be voluntary;
    • Working hours should not exceed 60 hours in any seven-day period, unless in exceptional/legally permitted instances; and
    • Workers should be provided with at least one day off in every seven-day period (or legally allowed equivalent).

No discrimination is practiced. We expect there to be no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.

Regular employment is expected to be provided where possible. We expect work performed to be on the basis of a recognised employment relationship established through national law and practice.

No harsh or inhumane treatment is allowed. Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation are expected to be prohibited.

INTEGRITY

Anti-bribery and corruption

We have a zero tolerance approach to any form of bribery or corruption wherever we operate, and require that all Third Parties strictly adhere to this requirement by operating in full compliance with all applicable laws and regulations. You must comply with all applicable laws, statutes, codes and regulations relating to the prevention of bribery and corruption (including but not limited to the Bribery Act 2010). To that end, you must not accept, offer, promise, pay, permit or authorise:

  • bribes, facilitation payments, kickbacks or illegal political contributions;
  • money, goods, services, entertainment, employment, contracts or other things of value, in order to obtain or retain improper advantage; or
  • any other unlawful or improper payments or benefits. Third Parties are expected to:
  • promptly report to TPF any actual or suspected request, demand or offer of an undue financial or other advantage received in connection with work carried out for or on behalf of TPF;
  • promptly report to TPF any request, demand or activity that may constitute, or facilitate, tax evasion or the facilitation of tax evasion under UK law or the laws of any other relevant jurisdiction;
  • ensure that all directors, employees, agents, subcontractors, representatives or other persons associated with them who are involved in delivering services to TPF comply with the requirements of this Code; and
  • on request, confirm in writing compliance with this section and provide reasonable supporting information or evidence where required. Failure to comply with this section of the Code may result in remedial action, up to and including termination of the business relationship with TPF. Preventing tax evasion We have a zero-tolerance approach to all forms of tax evasion under the laws of each jurisdiction in which we operate and expect all Third Parties to comply with tax obligations at all times in relation to our business relationship. This includes a requirement that Third Parties do not facilitate the tax evasion of others in any country. In addition, all engagements involving freelancers, contractors, or personal service companies must be assessed in line with HMRC’s IR35 guidelines to determine the correct employment status for tax purposes.

Third Parties are expected to:

  • promptly report to TPF any actual or suspected request, demand or offer of an undue financial or other advantage received in connection with work carried out for or on behalf of TPF;
  • promptly report to TPF any request, demand or activity that may constitute, or facilitate, tax evasion or the facilitation of tax evasion under UK law or the laws of any other relevant jurisdiction;
  • ensure that all directors, employees, agents, subcontractors, representatives or other persons associated with them who are involved in delivering services to TPF comply with the requirements of this Code; and
  • on request, confirm in writing compliance with this section and provide reasonable supporting information or evidence where required. Failure to comply with this section of the Code may result in remedial action, up to and including termination of the business relationship with TPF.

Preventing tax evasion

We have a zero-tolerance approach to all forms of tax evasion under the laws of each jurisdiction in which we operate and expect all Third Parties to comply with tax obligations at all times in relation to our business relationship. This includes a requirement that Third Parties do not facilitate the tax evasion of others in any country. In addition, all engagements involving freelancers, contractors, or personal service companies must be assessed in line with HMRC’s IR35 guidelines to determine the correct employment status for tax purposes.

Privacy and data protection

is or becomes publicly available other than through a breach of this Code or any agreement; was lawfully in the Third Party’s possession prior to disclosure by TPF;is lawfully obtained from a third party without restriction;
is independently developed without reference to or use of Confidential Information; or is required to be disclosed by law, regulation or a court or regulatory authority, provided that, where legally permitted, TPF is given prompt notice of such requirement.

SAFEGUARDING

Third Parties are expected to comply with all privacy laws and regulations wherever you collect, use or process personal data in connection with our business relationship. This means processing data only as authorised and directed by TPF and as required by applicable laws and regulations. Third Parties should protect personal data and confidential information against unauthorised and unlawful use, disclosure, access, loss, alteration, data and destruction.

Confidential Information

Third Parties acknowledge that, during the course of working with or on behalf of TPF, they may have access to confidential, proprietary or sensitive information relating to TPF, its clients, partners, projects or personnel (“Confidential Information”).

Third Parties must protect all Confidential Information and must not, except in the proper performance of the services and as authorised by TPF or required by law, either during the engagement or at any time afterwards:

  • use Confidential Information for their own benefit or for the benefit of any other person, company or organisation;
  • copy, reproduce or otherwise make use of Confidential Information; or
  • disclose Confidential Information to any third party.
    Third Parties are responsible for implementing appropriate technical and organisational measures to safeguard Confidential Information and must:
  • take all reasonable steps to prevent unauthorised access, use or disclosure of Confidential Information; and
  • notify TPF immediately if they become aware of, or suspect, any actual or potential unauthorised use, access or disclosure of Confidential Information. Upon request, Third Parties must promptly return or securely destroy any Confidential Information belonging to TPF, its clients or partners, except where retention is required by law or for legitimate internal compliance or record‐keeping purposes. The obligations set out in this section do not apply to information that: