Blacklisting in the Construction Industry – Policy Advice Note (PAN) for the Public Sector in Wales
In 2013, the Welsh government released a policy advice note (PAN) aimed at staff involved in public procurement of construction projects on the topic of blacklisting. The PAN provides background information on what constitutes blacklisting, lays out relevant laws, and provides guidance on how public purchasers can address the issue of blacklisting through procurement. Specifically, it provides guidance on whether and under what conditions a contracting authority can exclude a contractor that engages in blacklisting, the type of information a contracting authority can request, and whether a contract can be terminated if a supplier has or is engaged in blacklisting. Finally, it provides a list of additional guidance and tools. The PAN is available below.
Employment Practices on Publicly Funded Projects – Procurement Advice Note (PAN) for the Public Sector in Wales
In 2015, the Welsh government released a Procurement Advice Note aimed at staff involved in public procurement of construction / infrastructure projects on the topic of employment practices. Specifically, the note provides background information on false self employment and umbrella payment schemes, lays out relevant laws, and provides guidance one how to address fair treatment in terms of pay and employment rights in publicly funded construction / infrastructure projects through public procurement. The Note can be downloaded below.
Code of Practice – Ethical Employment in Supply Chains
Building on the Procurement Advice Notes described above, Wales will be releasing a Code of Practice on Ethical Employment in Supply Chains. The draft code includes 12 commitments, which cover issues including modern slavery, living wages, and discrimination against union members. For example, it includes commitments to review / audit high risk suppliers, work with suppliers to rectify poor employment practices, include a copy of the Code in all tender / selection documentation, and request that their suppliers also sign up to the Code. Although it is voluntary, public buyers in Wales are expected to sign up to the code. Guidance on implementing the code is also being developed.