CODE OF CONDUCT

  

KEY PRINCIPLES & SCOPE OF APPLICABILITY

In this Code of Conduct the following words and terms shall have the meaning set opposite them:

“Employee” means any employee of Hermes;

“Service Provider” means any self-employed individual that provides services on behalf of Hermes including (without limitation) individuals who are final mile couriers, operate myHermes ParcelShops and/or provide sub-depot operational services; and

“Supplier” means any organisation that provides services to Hermes including (without limitation) any sub-contractors of Hermes.

Hermes Parcelnet Limited (“Hermes”) is committed to the sustainable development of its business in a way that reconciles economic success with the social wellbeing of individuals that are employed by Hermes or are involved in the provision of services to Hermes.

Hermes’ Code of Conduct is therefore based on ethical, moral and legal principles which provide the framework for all it does.

Hermes’ Suppliers and Service Providers can expect it to comply with the law, observe ethical standards and act as a fair business partner. In turn Hermes expects its suppliers and service providers to apply the same high standards.

  

PART 1 – PRINCIPLES TO BE APPLIED BY HERMES AND ITS EMPLOYEES TOWARDS SERVICE PROVIDERS AND SUPPLIERS

Part 1 of this Code is directed at Hermes and its Employees. It sets out the principles which Hermes and its Employees will follow in the course of their relationship and interactions with Service Providers and Suppliers.

Hermes will ensure that it complies with Part 1 of this Code of Conduct.

  

1. DIGNITY AND RESPECT

Hermes and its Employees will treat Service Providers and Suppliers with dignity and respect.

Hermes and its Employees will not expose any Service Provider or Supplier to verbal, psychological, physical, sexual and/or bodily violence, duress or harassment.

Hermes will always give reasonable notice to any Service Provider before terminating its engagement with them (save where the termination is because of the Service Provider’s un-remedied or irremediable material breach of contract), and in any case Hermes will always terminate its engagement with any Service Provider in accordance with the applicable contract.

  

2. EQUAL OPPORTUNITIES

Hermes and its Employees will treat all Service Providers and Suppliers in accordance with all applicable equality laws and the Hermes Equal Opportunities Policy, including the principles set out below.

Hermes and its Employees will not discriminate on the grounds of colour, nationality (including citizenship), national or ethnic origin, race, religion, sex, pregnancy, marital status, social class, age, sexual orientation, disability, political views, membership or non-membership of a trade union or any other personal characteristic.

  

3. CHILD LABOUR / YOUTH EMPLOYMENT

(ILO CONVENTIONS 138 AND 182 AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD)

Hermes will not use or engage the labour of anyone below the legal minimum age and will comply with all laws concerning the protection of children and young workers and the relevant International Labor Organization (ILO) standards.

  

4. MODERN SLAVERY AND HUMAN TRAFFICKING

Hermes strictly prohibits modern slavery and human trafficking in its operations and supply chain.

Forms of Modern Slavery may include, but are not limited to, working under threat or penalty, being forced to work very long hours without rest breaks, being forced and/or coerced to accept wages that are below the level set by applicable national laws, depending on the employer for housing, food and other necessities, withholding of passports and limitations on movements of workers. Human trafficking is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery and human trafficking is a crime and a violation of fundamental human rights.

Hermes and its Employees will not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of the above principles.

  

5. REMUNERATION

Service Providers are self-employed individuals.

However, Hermes will agree contractual charging rates with Service Providers (the “Rates”) that give Service Providers the ability to earn income that is at least equivalent to the hourly rates set out in the National Minimum Wage Regulations. Hermes will keep the Rates under regular review and will make any adjustments needed to the Rates to ensure that Hermes complies with this Code of Conduct.

Hermes will provide Service Providers with a regular breakdown of their pay or charges (as the case may be) in a way that they can understand.

  

6. HEALTH AND SAFETY

Where appropriate, Hermes will ensure a safe and healthy working environment for Suppliers and Service Providers.

  

7. BRIBERY AND CORRUPTION

Hermes does not tolerate any form of bribery or corruption. All Employees must behave in such a way that no personal dependency, obligation or influence arises and that there is no appearance of such.

Hermes requires commercial conduct based on fairness and compliance with applicable laws.

Any indications of bribery or corrupt behaviour of Hermes or any Employee can be reported to the Company Secretary of Hermes by email to company.secretary@hermes-europe.co.uk in addition to the contacts set out at the end of this Code of Conduct.

  

8. INFORMATION / COMMUNICATION

This Code of Conduct will be made accessible to all Employees, Service Providers and Suppliers and be displayed in appropriate locations. 

Hermes will make arrangements so that this Code of Conduct may be explained to Employees, Service Providers and Suppliers as and when needed.

  

9. SANCTIONS AND REMEDIAL MEASURES

Hermes undertakes to take immediate and appropriate action in the event that any of its Employees is found to have breached the terms of Part 1 of this Code of Conduct.

  

10. REPORTING CONCERNS / BREACHES

Where individuals have a concern about a breach or potential breach of Part 1 of this Code of Conduct, they may report their concerns on a confidential basis as set out below.

Hermes will investigate any such complaints in accordance with its established procedures.

Individuals who report a concern are encouraged to provide their name and contact details so that the issues that they raise can be investigated most effectively. If an individual does not provide their name and contact details, it may be more difficult for Hermes to investigate the matter effectively and/or to provide a means of redress.

Hermes will not tolerate any retaliation against any person who reports a concern in good faith under Part 1 of this Code.

Employees

Where any Employee is concerned about a breach or potential breach of Part 1 of this Code of Conduct, they may report their concerns on a confidential basis through the Hermes Speak Up Hotline. The Speak Up Hotline number is 0808 196 5781. This service is completely independent and confidential and is available 24/7; 365 days a year. Translation services are readily and freely available.

Service Providers

Where any Service Provider is concerned about a breach or potential breach of Part 1 of this Code of Conduct, they may report their concerns on a confidential basis by following the procedure set out in the Service Provider Complaints Statement. A copy of the Service Provider Complaints Statement is attached at the Appendix.

Suppliers

Where any Supplier is concerned about a breach or potential breach of Part 1 of this Code of Conduct, they may report their concerns on a confidential basis to the Company Secretary of Hermes by email to company.secretary@hermes-europe.co.uk.

Employees or workers of a Supplier or Service Provider

Where any employee or worker of a Supplier or Service Provider is concerned about a breach or potential breach of Part 1 of this Code of Conduct, they may report their concerns through the Hermes Speak Up Hotline. The Speak Up Hotline number is 0808 196 5781. This service is completely independent and confidential and is available 24/7; 365 days a year. Translation services are readily and freely available.

  

PART 2 – PRINCIPLES TO BE FOLLOWED BY SERVICE PROVIDERS AND SUPPLIERS

Part 2 of this Code is applicable to Service Providers and Suppliers only. It sets out the principles which Service Providers and Suppliers must follow whilst they are engaged by Hermes. Service Providers and Suppliers must ensure that they comply with Part 2 of this Code of Conduct.

Compliance with Part 2 of this Code of Conduct is a condition of providing services to or on behalf of Hermes, and Hermes will audit its Service Providers and Suppliers to ensure such compliance.

Hermes or its authorised third parties may monitor and audit compliance with the principles of this Code of Conduct at any time. Service Providers and Suppliers must fully co-operate with Hermes or its authorised third parties in order to facilitate such monitoring and/or auditing, including in respect of any third parties providing services to the relevant Service Provider or Supplier.

Hermes expects its Service Providers to ensure that the standards set out in this Code of Conduct, and the complaints procedure set out in section 10 below, are passed on to their employees, workers and their suppliers.

 

1. COMPLIANCE WITH LAWS

Suppliers and Service Providers must comply with all laws that apply to the employment of employees and engagement of workers, including with respect to the right to work in the UK.

  

2. DIGNITY AND RESPECT

Service Providers and Suppliers must treat their employees, workers and/or suppliers with dignity and respect.

Service Providers and Suppliers must not subject their employees, workers or suppliers to verbal, psychological, physical, sexual and/or bodily violence, duress or harassment.

  

3. EQUAL OPPORTUNITIES

Services Providers and Suppliers must act in accordance with all applicable equality laws and the principles set out below.

Service Providers and Suppliers must not discriminate on the grounds of colour, nationality (including citizenship), national or ethnic origin, race, religion, sex, pregnancy, marital status, social class, age, sexual orientation, disability, political views, membership or non-membership of a trade union or any other personal characteristic.

  

4. CHILD LABOUR / YOUTH EMPLOYMENT

(ILO CONVENTIONS 138 AND 182 AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD)

Service Providers and Suppliers will not use or engage the labour of anyone below the legal minimum age and will comply with all laws concerning the protection of children and young workers and the relevant International Labour Organization (ILO) standards.

  

5. MODERN SLAVERY AND HUMAN TRAFFICKING

Hermes strictly prohibits modern slavery and human trafficking in its operations and supply chain.

Forms of Modern Slavery may include, but are not limited to, working under threat or penalty, being forced to work very long hours without rest breaks, being forced and/or coerced to accept wages that are below the level set by applicable national laws, depending on the employer for housing, food and other necessities, withholding of passports and limitations on movements of workers. Human trafficking is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery and human trafficking is a crime and a violation of fundamental human rights.

Service Providers and Suppliers must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of the above principles.

  

6. REMUNERATION

Service Providers and Suppliers must comply with the National Minimum Wage Regulations with regards to their employees and workers.

Service Providers and Suppliers must agree contractual charging rates with their suppliers that allow their suppliers to meet their obligations under the National Minimum Wage Regulations.

Every Service Provider and Supplier will pay charging rates to self-employed individual suppliers that are agreed between both parties in a way that is fair on an objective basis and does not involve any abuse of bargaining power by the Service Provider or Supplier.

Service Providers and Suppliers must provide their employees, workers and/or suppliers with a regular breakdown of their pay or charges (as the case may be) in a way that they can understand.

  

7. HEALTH AND SAFETY

Suppliers and, where relevant, Service Providers must ensure a safe and healthy working environment in the locations for which they are responsible.

It is a condition of working with Hermes that Suppliers and, where relevant, Service Providers must properly assess and address any risk to health and safety of their employees, workers, suppliers and members of the public.

  

8. BRIBERY AND CORRUPTION

Hermes does not tolerate any form of bribery or corruption. All Service Providers and Suppliers and their personnel must behave in such a way that no personal dependency, obligation or influence arises and that there is no appearance of such.

Hermes requires commercial conduct based on fairness and compliance with applicable laws from its Service Providers and Suppliers.

  

9. SANCTIONS AND REMEDIAL MEASURES

Suppliers and Service Providers must take immediate steps to remedy any relevant breach of this Code of Conduct. This does not affect any contractual right of Hermes to terminate its contract with a Supplier or Service Provider in appropriate circumstances.

 

10. COMPLAINTS PROCEDURE

Where individuals have a concern about a breach or potential breach of Part 2 of this Code of Conduct, they may report their concerns on a confidential basis as set out below.

Hermes will investigate any such complaints in accordance with its established procedures.

Individuals who report a concern are encouraged to provide their name and contact details so that the issues that they raise can be investigated most effectively. If an individual does not provide their name and contact details, it may be more difficult for Hermes to investigate the matter effectively and/or to provide a means of redress.

Hermes will not tolerate any retaliation against any person who reports a concern in good faith under Part 2 of this Code.

Employees

Where any Employee is concerned about a breach or potential breach of Part 2 of this Code of Conduct, they may report their concerns on a confidential basis through the Hermes Speak Up Hotline. The Speak Up Hotline number is 0808 196 5781. This service is completely independent, anonymous and confidential and is available 24/7; 365 days a year. Translation services are readily and freely available.

Service Providers

Where any Service Provider is concerned about a breach or potential breach of Part 2 of this Code of Conduct, they may report their concerns on a confidential basis by following the procedure set out in the Service Provider Complaints Statement. A copy of the Service Provider Complaints Statement is attached at the Appendix.

Suppliers

Where any Supplier is concerned about a breach or potential breach of Part 2 of this Code of Conduct, they may report their concerns on a confidential basis to the Company Secretary of Hermes by email to company.secretary@hermes-europe.co.uk.

Employees or workers of a Supplier or Service Provider

Where any employee or worker of a Supplier or Service Provider is concerned about a breach or potential breach of Part 2 of this Code of Conduct, they may report their concerns through the Hermes Speak Up Hotline. The Speak Up Hotline number is 0808 196 5781. This service is completely independent and confidential and is available 24/7; 365 days a year. Translation services are readily and freely available.

 

CONTACTS

Any questions regarding content of this Code of Conduct should be asked using the following email address:

codeofconductenquiry@hermes-europe.co.uk

  

RESPONSIBLE FOR CONTENTS

Published by:

Hugo Martin, Company Secretary February 2020

 

APPENDIX

Service Provider Complaints Statement

 

1. Introduction and General Principles

1.1 The Hermes Code of Conduct sets out a Complaints Procedure under which Service Providers (as defined in the Code) may raise concerns about a breach or potential breach of the Code on a confidential basis.

1.2 Hermes has appointed a Service Provider Complaints Panel (the “Panel”) to consider such complaints.

1.3 The timescales set out in this procedure are intended as guidelines only. The Panel will conduct all stages of this procedure in a reasonable and timely manner taking account of the complexity of the issues.

1.4 The Panel will act reasonably and proportionately in performing its role under this procedure.

1.5 As set out above, the Panel will consider complaints from Service Providers in relation to a breach or potential breach of the Hermes Code of Conduct. Hermes may also, at its discretion, require the Panel to consider other material issues that may arise from time to time in relation to Service Providers or third parties.

 

2. Raising a Complaint – the Process

2.1 Step 1

If a Service Provider wishes to raise a complaint, they should raise it initially with the relevant Hermes Manager. In the case of a Courier, this will normally be their Field Manager. In the case of a Sub Depot Controller, this will normally be their Depot Manager.

Where the complaint relates to the Service Provider’s Manager, the Service Provider may proceed straight to Step 2 below.

2.2 Step 2 (Couriers only)

In the case of a Courier, any complaint must also be raised with the Courier Helpdesk team, who may be contacted on 0800 174 904 or 0113 397 6508.

2.3 Step 3

A Service Provider may then raise a complaint with the Panel by fully completing the Service Provider Complaints Form and submitting it to serviceprovidercomplaints@hermes-europe.co.uk

 

3. Exception for Serious Human Rights Concerns

3.1 As set out in the Hermes Code of Conduct, where the complaint relates to a serious alleged breach or potential breach of human rights (which may include an alleged breach or potential breach of the following parts of the Hermes Code of Conduct: Part 1, section 3 (Child Labour/Youth Employment); Part 1, section 4 (Modern Slavery and Human Trafficking); Part 2, section 4 (Child Labour/Youth Employment); Part 2, section 5 (Modern Slavery and Human Trafficking)) it should not be reported under the policy set out in this Service Provider Complaints Statement. Instead, it should be reported on a confidential basis through the Hermes Speak Up Hotline.

3.2 The Speak Up Hotline number is 0800 374199. This service is completely independent and confidential and is available 24/7; 365 days a year. Translation services are readily and freely available.

 

4. Initial Consideration of the Complaint – Stage 1 of the Panel Process

On receipt of a complaint the Panel will consider whether the complaint falls within the scope of the Panel’s authority;

 

5. Further Consideration and Investigation – Stage 2 of the Panel Process

5.1 Where a complaint progresses to Stage 2 of the Panel Process, it will be considered further by the Panel.

5.2 The Panel may consider it appropriate to carry out an investigation into the complaint. The amount of any investigation required will depend on the nature of the allegations and will vary from case to case.

5.3 Where an investigation takes place, the Panel will normally seek evidence from the person who raised the complaint, as well as from Hermes. It may involve interviewing and obtaining evidence from the person who raised the complaint and any witnesses, and/or reviewing relevant documents. In exceptional cases, it may involve a field visit.

5.4 Hermes will act reasonably in co-operating with any investigation conducted by the Panel, including providing relevant documents, information and evidence. The Panel should also request (but cannot compel) the same standards of co-operation from the person who raised the complaint, save where the complaint has been raised anonymously.

5.5 Where it is considered appropriate to meet with the person who raised the complaint or any other witness as part of an investigation, the Panel may delegate this task as it considers appropriate (for example, to a member of the Hermes Human Resources team) and shall make such arrangements for the meeting as it considers to be fair and reasonable.

5.6 The Panel will aim to complete Stage 2 of this procedure within a 2 week period.

 

6. Final Decision and Recommendations – Stage 3 of the Panel Process

6.1 Once the Panel has completed its consideration of a complaint under Stage 2 of the Panel Process, it will make its final decision and will aim to do so within a 1 week period.

6.2 The final decision will include the following:

6.2.1 a summary of the allegations;

6.2.2 a summary of the steps taken following receipt of the complaint, including any steps taken to investigate the complaint;

6.2.3 the Panel’s findings, including whether the complaint is upheld, upheld in part or not upheld;

6.2.4 any recommendations to Hermes, taking into account the standards set out in the Hermes Code of Conduct.

6.3 Following the conclusion of a specific case, the Panel may also wish to make recommendations to Hermes in relation to amendments to this procedure for use in future cases.

 

7. Confidentiality

7.1 Unless a good case is made for information to be withheld, information and evidence received by the Panel may be shared with the person raising the complaint and/or Hermes.

7.2 Where information is sensitive, the preferred course is to agree appropriate conditions of confidentiality.

 

 

Equality and Diversity Policy – Updated May 2021
Equality & Diversity Policy
Scope
This policy applies to all Hermes employees, casual workers, agency workers, recruitment applicants and contractors (collectively referred to as employees). It does not form part of any person's terms and conditions of employment and can at any time be reviewed and changed at the organisation’s discretion.
This document supersedes all prior equality and diversity policies and procedures.
Purpose
Hermes is committed to promoting equality and diversity and promoting a culture that actively values difference and recognises that people from different backgrounds and experiences can bring valuable insights to the workplace and enhance the way we work. Hermes aims to be an inclusive organisation, where diversity is valued, respected and built upon, with ability to recruit and retain a diverse workforce.
Hermes is also committed to compliance with relevant equality legislation, including (but not limited to) the Equality Act 2010, Codes of Practice and relevant best practice guidance. This policy pursues and builds on the statutory position to ensure effective policies and practice of promoting equality. Hermes aims to proactively tackle discrimination or disadvantage and aims to ensure that no individual or group is directly or indirectly discriminated against for any reason with regard to employment or accessing its services.
Definition of Equality and Diversity
Equality can be described as breaking down barriers, eliminating discrimination and ensuring equal treatment, opportunity and access for all, which is supported and protected by legislation. Diversity can be described as celebrating differences and valuing everyone. Each person is an individual with visible and non-visible differences and by respecting this everyone can feel valued for their contributions which is beneficial not only for the individual but for Hermes.
Hermes is committed to ensuring that:
• people (including existing and former employees, job applicants, clients, customers, suppliers and visitors) are treated fairly and consistently in an environment which is free from any form of discrimination;
• people (including existing and former employees, job applicants, clients, customers, suppliers and visitors) are protected from discrimination against the following characteristics as outlined in the Equality Act 2010: age; disability; gender reassignment; marriage or civil partnership status; pregnancy or maternity; race (includes colour, nationality and ethnic or national origins); religion or belief; sex and sexual orientation (the Protected Characteristics);
• all employment-related policies, practices and procedures are applied impartially and objectively;
• equality of opportunity to all and to provide employees with the opportunity to develop and realise their full potential;
• Hermes works towards achieving a diverse workforce at all levels; and
• Hermes' employees can work in an atmosphere of dignity and respect.
All Hermes’ employees will be treated fairly in an environment which is also free from any form of discrimination with regard to: caring responsibilities, part-time or fixed term employment, membership or non-membership of a trade union or spent convictions.
Equality and Diversity Policy – Updated May 2021
Hermes will not tolerate processes, attitudes and behaviour that amounts to unlawful discrimination.
The following forms of discrimination are prohibited under this policy and are unlawful:
a Direct discrimination: treating someone less favourably because of a protected
characteristic.
b Indirect discrimination: a provision, criterion or practice that applies to everyone but
adversely affects people with a particular protected characteristic more than others and is not
justified.
c Harassment: this includes sexual harassment and other unwanted conduct related to a
protected characteristic, which has the purpose or effect of violating someone's dignity or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
d Victimisation: retaliation against someone who has complained or has supported someone
else's complaint about discrimination or harassment.
e Disability discrimination: this includes direct and indirect discrimination, any unjustified less
favourable treatment because of the effects of a disability, and failure to make reasonable
adjustments to alleviate disadvantages caused by a disability.
Discrimination because someone associates with someone that has a protected characteristic is also
prohibited.
Hermes recognises the importance of monitoring, reviewing and reporting on its equality and diversity
policy and practice and to measure progress in meeting our policy statement.
Practical support for a diverse workforce
As an employer committed to diversity and equality Hermes recognises its success depends on creating
a working environment which supports the diverse make-up of its employees with supporting policies
and procedures to create a framework of balance.
Work/life balance
The company is committed to helping its employees fulfill their potential at work whilst finding the right
work/life balance by offering flexible working hours and opportunities to job share where appropriate.
Hermes has a framework of policies, such as Flexible Working, Additional Leave and Career Break
policies, to help employees understand their options to ensure the correct work life balance.
Review and monitoring
Hermes undertakes monitoring that not only meets statutory requirements but also aims for best
practice. This is used to inform and improve our employment practices. If, through monitoring, any
discrimination is identified, the company will take corrective action to eliminate it.
Complaints
Hermes takes all complaints, including those relating to equality and diversity issues, very seriously and
has a grievance and disciplinary policy in place to deal with such matters. Please refer to these policies
for further details. If you believe that you have suffered discrimination you should raise the matter in
accordance with our grievance procedure.
Equality and Diversity Policy – Updated May 2021
People Strategy and Corporate Social Responsibility
Hermes aims to be an employer of choice and through its People Strategy aims to ensure its workforce can make a valuable contribution while ensuring we support our workforce’s health and well-being in the workplace. Responsibilities
All employees have a responsibility to guard against any form of discrimination and avoid any action which goes against the terms or spirit of this policy. Therefore all employees must ensure that there is no discrimination in any of their decisions or behaviour. All employees must:
• report any suspected discriminatory acts, omissions, comments or practices;
• not induce or attempt to induce others to practice unlawful discrimination;
• co-operate with any measures introduced to ensure equality of opportunity;
• not victimise anyone as a result of them having complained about, reported or provided evidence of discrimination: and
• not harass, abuse or intimidate others. The Chief Executive and The Board are responsible for:
• Providing leadership on the equality and diversity strategy and policy, acting as overall champions to ensure the policy is embedded within the business
• Communicating the strategy and policy, internally and externally
• Acting as ambassadors and exemplars of the strategy and policy Managers at all levels are responsible for:
• Implementing the policy as part of their day-to day management of employees and in applying employment policies and practices in a fair and equitable way
• Ensuring equality and diversity issues are addressed in performance discussions
• Ensuring all employees act in accordance with the equality and diversity policy providing necessary support and direction
• Effectively managing and dealing promptly when investigating issues Each employee is responsible for:
• Implementing the policy in their day-to-day work and their dealings with colleagues
• Ensuring their behaviour is appropriate to the policy and that they treat colleagues with respect and dignity
• Not discriminating against other employees
• Notifying their line manager of any concerns with regard to the conduct of other employees Human Resources are responsible for:
• Developing employment policy and strategy on equality and diversity
• Providing guidance to line managers and employees
• Supporting managers in investigating issues relating to potential discrimination
• Monitoring employment policies and practices
• Championing the issues, internally and externally
• Facilitating training and development initiatives on equality and diversity, both at corporate and directorate level
Equality and Diversity Policy – Updated May 2021
Non- Compliance with policy
Hermes will not tolerate any behaviour that breaches our equality and diversity policy and any such breaches will be regarded as misconduct that will be dealt with in accordance with our disciplinary procedure. Serious breaches, such as unlawful discrimination, harassment or victimisation on grounds of a protected characteristic, may amount to gross misconduct and lead to dismissal from employment without notice.
Related Procedures and Processes
This policy should be read in conjunction with the Bullying & Harassment policy, Disciplinary and Grievance policy and guidelines where appropriate.
Review
This document will be reviewed annually. If there are any changes prompted by legislation or case law, it will be reviewed to ensure compliance.
Sign off and ownership
This policy is owned by Human Resources.