Code of Conduct
General
All businesses agree to abide by the UKTSA Code of Conduct as a condition of entry and acceptance into the UKTSA Scheme. They will confirm their adherence to the Code of Conduct as a condition of renewing their registration to the Scheme.
In this document the clauses referring to “business” apply to all scheme members, whereas clauses referring to “contractors” (and in blue) are additional to the above and apply to work undertaken in and around the home such, as construction, home improvements, or repairs.
Sale of goods
Businesses shall ensure that all sales of goods comply with the relevant consumer protection legislation. The products shall be safe, appropriately labelled, supplied with suitable instructions, and fit for the purpose with clear price indications.
Where the customer requires advice as to the suitability of goods for a particular purpose, such advice shall be competently provided.
Customers shall be supplied with a written receipt that bears the details of the business (name, address, and contact details).
Refund and replacement policies must be consistent with a consumer’s legal rights and be readily available and written in plain English.
Estimates, quotations and contracts
The business shall discuss the client’s requirements with them and offer technical and contractual advice to them so that the scope of the proposed service is clear to both parties.
The client will be given a clear, written quotation based on the discussion (or an estimate in cases where the cost of the works may alter once a pre-start technical survey has been carried out). The business will advise the client of any “call out” charge or “minimum charge” before any visit is made.
A contract will exist between the client and business once the parties agree to the written quotation or estimate, either verbally or in writing. The contract should be confirmed in writing using the business’s paperwork, which will have clear details of their business address, director’s name and company registration number (if a limited company). This address will be the trading address or home address unless the business is unwilling to disclose his home address to a client, in which case those details can be provided to UKTSA during the application process. If there is a dispute with a client, the business agrees that those details may be given to the client.
Prior to the issue of a contract, clear and accurate details of the terms of the contract must be given to the client. Contracts must comply with all relevant and current consumer protection legislation, including the Consumer Rights Act 2015, the Sales of Goods Act, the Consumer Protection from Unfair Trading Regulations 2008, etc.
The client will be given a ‘Notice of the Right to Cancel’ with the written contract. If a contract needs to be terminated by either party before works have been commenced, any refundable deposits and prepayments shall be repaid promptly in accordance with the principles of contract law.
Execution of contract and materials used
Services delivered by the business shall be carried out with reasonable care and skill, in reasonable time and at a reasonable price. Where goods are supplied as part of the service, the above requirements (sale of goods) apply. Goods supplied with a service shall be as described, of satisfactory quality and fit for the purpose. In the event of defective workmanship or materials of an unsuitable quality being discovered, appropriate works will be undertaken by the business to remedy the fault.
Contractors shall carry out each contract in compliance with current building regulations, relevant British or European Standards or other technically approved accreditations in force at the time, and any Codes of Conduct relevant to the work being carried out, e.g., CDM 15.
Contractors shall ensure that any works are project managed by a competent person. Contractors will also ensure that all operatives (directly employed and subcontractors) are competent to do the work that they carry out and will take responsibility for any subcontractors engaged to carry out the contract and their work. Dependent on the size and/or nature of the business, contractors are to maintain records of staff training and qualifications.
Contractors must agree on a date to start the works and advise a provisional completion date. The client should be kept informed about actual completion dates as well as delivery dates of any large items of equipment/materials required for the contract. Where delays are unavoidable, for instance because of inclement weather, contract variations or other factors outside the contractor’s control, the client should be given as much information as possible. If agreed dates cannot be kept to, mutually convenient alternative dates should be arranged with the client. These dates should be confirmed in writing wherever possible.
Contractors are to take all reasonable precautions to provide materials that are of a satisfactory quality.
Businesses will only start work with the client’s consent. Where unforeseen works occur, these additional works must be reported to the client and authorised by them before they are carried out.
If a client chooses to ignore a business’s advice about the works being carried out or the materials used, this should be recorded in writing.
Insurance, guarantees & certification
Business shall have, and maintain, Public Liability Insurance (and, where appropriate, Employers’ Liability Insurance) at a level appropriate to the work in which they are engaged.
Businesses must make it clear to the client what is covered by any guarantee or warranty as well as who is responsible for the guarantee or warranty. Clients must be made aware that they are not obliged to purchase any additional guarantees.
A client’s statutory rights must not be restricted in any way and manufacturers’ guarantees and any other forms of warranty are in addition to these statutory rights.
Advertising
Businesses must ensure that any advertisements and promotional material concerning their services are clear and accurate and are not designed to mislead.
It is explicitly forbidden by this Scheme for member businesses to use doorstep selling, “cold calling”, or any other pressure-selling techniques.
Health & safety
The actions of the business must not present a risk to the health and safety of persons employed by the business, members of the public, or clients.
Businesses are expected to understand and effectively manage compliance with health and safety law and risk assessments relevant to the business in which they are engaged.
Where SSIP registration is claimed, evidence of accreditation must be provided.
The UKTSA Scheme does not assess health and safety compliance; guidance is available from the Health and Safety Executive.
Contract completion
Businesses shall endeavour to complete each contract on time, as agreed in the contract, allowing for any unforeseen circumstances referred to above. This does not apply where a client has failed to make agreed payments, has breached the contract, or where there is any other significant and valid reason.
Invoices supplied to the client must show full details of the work carried out, including a breakdown of labour, materials, and any other costs incurred. The client is entitled to request that any parts replaced during the course of the works are returned.
Complaints, conciliation, and arbitration
Businesses must have their own complaints procedure and comply with the UKTSA complaints process. Clients must be informed of the complaints procedure during contract negotiations and advised of an appropriate certified Alternative Dispute Resolution (ADR) provider, and whether the business uses ADR when attempting to settle a dispute.
The business is able to access Alternative Dispute Resolution (ADR) through United Knowledge Ltd as part of the UKTSA Scheme.
In the event that a client has a complaint, they must be advised to contact the business in the first instance, in accordance with the UKTSA complaints procedure.
Businesses shall follow the procedure stated in the complaints procedure and carry out any remedial works as agreed with the client.
If a business is unable to resolve a complaint to the client’s satisfaction, the UKTSA complaints procedure should be followed, up to and including external arbitration, if applicable.
Compliance and redress
All members of the UKTSA Scheme must commit to comply with this Code of Conduct.
Failure to comply with this Code may result in disciplinary action and could lead to expulsion from the scheme.
The same right of appeal to an external adjudicator exists for a business where a dispute with a client cannot be resolved using the Scheme’s complaints procedure.
If a complaint leads to civil action and Alternative Dispute Resolution (ADR) is not acceptable to both parties, UKTSA may suspend the investigation of the complaint and suspend the business until the case is concluded.
Publicity and supervision
Scheme members may promote their membership of UKTSA using the materials provided, subject to the scheme’s brand guidelines.
A business’s membership is not, in any way, an indication that all of their products or services comply fully with the law. Advertisements highlighting their membership of the scheme should not imply compliance with the law.
Contractors must have sufficient management control to ensure that they operate legally and fairly with clients.
Contractors must ensure that all employees and sub-contractors are informed of the terms of this Code of Conduct and will ensure that they meet the requirements.
The business will be responsible if any employee or sub-contractor fails to follow the Code of Conduct.
Review
UKTSA will review its Code of Conduct quarterly and update its provisions in light of changes to legislation, circumstances and expectations, feedback or notes from satisfaction surveys.