The Fresh Produce Consortium (FPC) has raised fears that the draft protocol between supermarkets and the Gangmasters Licensing Authority (GLA) might lead to retailers discovering sensitive commercial information about suppliers.
"If there are audits by the GLA of a fresh produce business, it's likely that commercial information could be shared that could have a detrimental effect on suppliers' relationships with retailers," said FPC chief executive Nigel Jenney.
The FPC felt the document, which was launched on May 8, was unfairly biased towards retailers in its coverage of relationships in the food and drink supply chain, said Jenney. “It’s vital that the development of the GLA and the supermarkets’ protocol treats retailers and suppliers as ‘equal and constructive partners’ and does not undermine relationships between retailers and their suppliers/labour users.
“The protocol must work fairly and effectively for all parties involved in the supply chain to maximise the protection of vulnerable workers.”
The FPC added that the agreement could result in retailers using their commercial power in the supply chain as an extension of the operational powers of the GLA. "For example, one of the suggestions is that if the GLA finds somebody complicit in employing workers illegally, they [retailers] should consider delisting or putting them on ice," said Jenney. "That's exceptionally strong, especially in cases where the evidence is not particularly strong or clear cut."
In addition, under the Gangmasters (Licensing) Act 2004, which established the GLA, a labour provider is allowed the right of appeal in cases of prosecution. The FPC is concerned that no such right exists to a labour user that the GLA considers to be complicit in worker exploitation under the draft protocol.
“Unless it works fairly and effectively for all parties involved in the supply chain this protocol should be rejected,” said Jenney. “We urge suppliers to take part in the GLA’s consultation and FPC will be ensuring that their views are heard.”
The consultation on the draft protocol will last until the end of July. "We would be very happy to hear your readers' views," said Jenney.