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Codes of conduct: Good ethics is good business

Practical Law UK Articles 0-100-3941 (Approx. 4 pages)

Codes of conduct: Good ethics is good business

Arguments for implementing a Code of Conduct, following British Airways' example.
Richard Branson's success in forcing British Airways into adopting a Code of Conduct is a warning to companies that do not have a code that they ought to consider adopting one and to those that do that they should make sure it works. Without an effective ethical policy, a company cannot be sure that ethical judgments made by employees are consistent with the strategy of the company and are made at an appropriate level within it.

Why be ethical?

Cynics may see ethical codes as so much window-dressing or, worse, that they will make the company soft and uncompetitive. But making a company more ethical does make sense:
  • It protects the reputation of the company. British Airways is a classic example, where large amounts of marketing investment in image were undermined by the public's perception of its actions.
  • Ethical policies can be a powerful marketing tool; an example is The Body Shop with its anti-animal testing and environmental policies.
  • It helps ensure the company complies with existing law and is able to anticipate future changes in it.
  • It sets the tone for the organisation, improves professional standards and makes sure that it is in tune with the community.
  • By voluntarily complying with higher standards, companies can avoid laws being imposed. The tobacco industry has followed a voluntary code of advertising, but in the knowledge that stricter rules would be imposed should it choose to ignore the code.

What is ethical?

Ethical business practice means observing high professional and moral standards of business behaviour. The actions of companies impinge upon a variety of groups; shareholders, employees, customers, competitors, suppliers and the community. Ethical policies balance the interests of these groups and recognise that they are owed duties that go beyond a legal minimum.
An ethical policy is therefore not simply about doing good; there is no absolute standard of business ethicality:
  • Accepted standards of behaviour may change from industry to industry, from company to company, and from country to country. Thus an acceptable standard of ethics for a local corner shop is not likely to be acceptable from ICI or Shell.
  • Company standards will differ from those of individuals. For example, companies tend to be much more scrupulous in observing copyright law than individuals.
  • Ethical values may conflict. Keeping the workforce employed and the company in business may mean trading with a country whose views and policies are abhorrent.
The ethical policy should ensure that the company follows standards of behaviour that are appropriate to its size and the business it conducts, and that ethical judgments are in tune with the strategy of the company and are made at an appropriate level within it. In many cases, this may mean ensuring that actions are addressed objectively; many unethical acts result from a lack of thought. For example, a commission-driven salesperson trying to boost sales may not have the reputation of the company at the front of his mind.

Why a code?

Not everybody agrees that codes help make companies ethical. Many companies take ethicality for granted. "Actions speak louder than words" is the way one company put it (in response to the 1987 survey by the Institute of Business Ethics).
This is no doubt true. But without a written code it is difficult to focus peoples' attention on the ethical issues involved. British Airways' experience shows that management may be deluding themselves if they consider that all employees in a company will adopt their values and the strategic importance of ethicality by absorbing knowledge from superiors. Information, especially on ethical behaviour, does not flow easily up or down a corporate hierarchy.
A growing number of companies are adopting formal codes (see inset box). But they are only a start. If anything, their major fault is that they engender complacency.
The code has to be part of an overall strategy. This should include:
  • Training. A training programme can give specific guidance on what is ethical and feed back on ethical dilemmas to senior management.
    The bigger and more international the organisation, the more effort needs to be put into a train-ing programme. For example, Unilever is recognised as having created a common corporate culture by an informal, trans-national network involving training and exchange programmes. As its co-Chairman and Chief Executive Officer put it: "Maintaining ... standards depends as much on everyone in the organisation understanding and accepting them as on formal instruction manuals" ("Inside Unilever: the evolving trans-national company", Harvard Business Review, Sept-ember-October, 1992).
  • Ensuring the corporate body language is right. The actions of management have to be consistent with those of the code.
  • Tailoring the code to the company.
    The more that it is possible to involve the whole company in creating and implementing the code, the greater the sense of common commitment and the more accurately it will reflect the needs of the company.
    Greater care has to be exercised in certain situations. A company that markets itself as being squeaky clean has further to fall if it fails to meet this standard, so its structures must match its boasts. For example, the Co-op Bank has faced criticism on the grounds that its investment decisions do not match the ethical investment policy that was the centrepiece of its marketing policy.
    Similarly, the internal structure of the company may make unethical behaviour more likely. There may be a policy of creating fierce intra-company rivalry between competing divisions or employees involved in long-term joint ventures may face conflicts of loyalty between the project and the company. In these situations, controls may need to be more stringent so that ethical issues are given prominence.
  • Implementing self-standing guidelines for parts of the code. Competition and environmental issues raise complex ethical and legal questions that are usually dealt with under self-standing compliance policies (see and IV(2), 15).
  • PLC, 1993, IV(1), 39Having a suitable body such as a committee of non-executive directors to oversee the code and audit compliance. They should be prepared to act on complaints from the public or employees. In particular, employees often feel deeply about ethical issues that confront them in the workplace; providing a means by which they can bypass the usual reporting structure and speak directly to a senior member of the company may prevent them from reporting the matter to the press or a regulatory authority.
  • Monitoring new concerns. Ethics change and the company changes.
    Monitoring requires a systematic approach. Grand Metropolitan is reported to have a public policy issues monitoring database in the US that watches a wide range of issues that are likely to become of concern to consumers. The process is expensive but it gives managers warning of potential consumer concerns; it allowed its subsidiary, Green Giant, to phase out the use of CFC's in the freezing of vegetables ahead of consumer action and the imposition of tax disincentives. Having a monitoring system does not mean that the company should follow public opinion slavishly; a company could carry out a campaign to re-educate the public if it does not consider the public's concern to be legitimate.

A duty to competitors?

The British Airways situation is an example of the need to be aware of change. Of the companies that have adopted codes, very few specifically address the issue of competitors (although many companies obviously have detailed programmes ensuring that the company complies with competition legislation).
Companies that have not previously directly addressed the issue of ethicality to competitors have to ask themselves whether employees are sufficiently aware of the ethical issues to weigh up their actions in the light of the possible consequences. This does not mean they now have to be nice to competitors. Ethically does not mean gentlemanly, nor does it mean not playing to win.
What it does mean is that any actions taken should be defensible in the light of public scrutiny and consistent with the image the company is seeking to portray. How much public relations advantage will your competitor be able to make of your actions?
One code that does address the issue is that of United Biscuits. As it puts it: "We compete vigorously, energetically, untiringly, but we also compete ethically and honestly. Our competitive success is founded on excellence". RJD
A range of publications on codes of business ethics and on current best practice in ethics is available from the Institute of Business Ethics (071 931 0495).

Further Diagrams

The following diagram is also available in the PDF version of this article:
  • Company codes: Companies becoming more ethical?
End of Document
Resource ID 0-100-3941
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Published on 01-May-1993
Resource Type Articles
Jurisdiction
  • England
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