Code of Conduct

trustmark.org.uk
 trustmark.org.uk

Contents

01 Introduction

02
You and Your Scheme Provider

03
You and Your Customers

04
You and Your Legislation

2 Code of Conduct
01. Introduction trustmark.org.uk

01
Introduction
TrustMark is the Government Endorsed Quality Your engagement with TrustMark will largely be
Scheme that exists to create enhanced conducted through your chosen Scheme Provider,
confidence and choice for consumers engaging and this document provides information on how this
businesses to work in or around the home. relationship will achieve the best results for all parties.

Consumers know that the TrustMark logo signifies a This document also outlines your responsibilities
business has made a commitment to customer service regarding appropriate legislation, and provides full
and good trading practices, and that they have had the guidance regarding the laws that you, your employees
technical competence of their work regularly inspected and sub-contractors must follow when it comes
to ensure consistent quality and adherence to standards. to dealing legally with your customers.

This includes practical guidance that will ensure you

This document outlines how you as a Registered provide a fair service to your customers and will offer
Business will work with the TrustMark scheme you greater protection in the event of a dispute.
to deliver these assurances to your customers.
One of TrustMark’s foremost responsibilities as an
organisation is to create a benchmark of quality for
This is achieved through a collaborative approach Registered Businesses to adhere to when dealing
that enables you to work alongside TrustMark and your with their customers. This document includes further
Scheme Provider; playing an active role in the continual information about your responsibilities, and guidance
improvement of standards across the industries to help you get the best out of your relationships with
you operate within, whilst identifying yourself your customers, protecting both parties in the event
as a trustworthy and competent installer. that something goes wrong.

These guidelines cover each stage of the customer

journey and are designed to maintain clear, fair
communications and efficient processes.

The final part of this document comprises the Customer

Charter, which explains what your customers have a
right to expect when they engage a TrustMark Registered
Business to carry out work in their home.

This tells your customers how the TrustMark Government

Endorsed Quality Scheme works and clearly outlines
their responsibilities and obligations when engaging
a TrustMark Registered Business.

3 Code of Conduct
02. You and Your Scheme Provider trustmark.org.uk

02
You and Your Scheme Provider
Introduction Using the TrustMark brand
Your relationship with your Scheme Provider is very Make sure you only apply your TrustMark logo using the
important and it doesn’t just end when you have strict guidelines
successfully registered with them as they will continually
¥¥ Don’t change the colour or size
monitor your performance.
¥¥ Always use the one you have been given or have
Follow these steps so you know what your Scheme downloaded from the TrustMark portal
Provider expects and can provide them with the right
¥¥ It should only be used on your own company leaflets,
paperwork quickly and easily when asked.
website, posters, business cards, uniform etc
¥¥ If you want to use it for anything else, you must get
Your application for the TrustMark permission from the TrustMark team in writing
When you apply you must follow the correct process
which will be explained to you by your Scheme Provider.
You will need to pay all necessary fees.

As part of your application process you will need to have

a pre-entry check where your paperwork and a recent
job will be assessed. If you’ve been trading for less than
6 months there might be some extra checks. You will
also have on-going annual checks to make sure you are The logo is really important as it lets customers know
continuing to work at the same standard. This will involve the high standard of you and your company.
seeing some of your latest jobs again. If you see a firm using the logo when they shouldn’t be,
Keep copies of any trade or customer references and thank please let your Scheme Provider or the TrustMark
you’s to show your Scheme Provider. All these things help team know.
the Scheme Provider to conduct a thorough background
check on your business and customer satisfaction. Complying with the TrustMark Scheme
Make sure all your insurance policies are up-to-date. You must make sure you follow the Code of Conduct*
when you are working. Make sure your employees and
You must tell your Scheme Provider straight away sub-contractors are doing that too. You will need to
if you change: show them the Code of Conduct and make sure they
¥¥ Your business name understand it.

¥¥ Your address *You & Your Scheme Provider, You & Your Customers
and You & Legislation
¥¥ Your contact details

¥¥ Your company structure (e.g. change of owner/

director)
¥¥ Your legal status (e.g. you become a Ltd company)

Don’t forget to make these changes to your paperwork,

business cards and website too.

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02. You and Your Scheme Provider trustmark.org.uk

Your paperwork
A contract needs:
Before you agree a job with a customer you must always
provide them with a written quotation. The table below
Your company name and contact details
shows you what is needed.
Your company registration and VAT numbers (if
applicable)
My quotation needs:
Your TrustMark registration

Your business name and contact details An itemised description of the work you will carry out

Your company registration and VAT numbers Timetable for supplying goods and carrying out work
(if applicable)
The total price (including VAT for domestic customers)
Your TrustMark registration
Include any extra charges (such as costs of licences,
Customer’s name/address/contact details permissions, deposits or delivery charges)

Full breakdown of work including costs Standard hourly rate or potential charges for any work
arising from unseen circumstances, and how any
Total price (incl. VAT for domestic customers)
contract variations will be dealt with
How long the job will take
Your customer feedback and complaints procedure
Any delivery costs
Your business terms and conditions
Any deposit needed
Any after sales service or guarantee
Details of stage payments (if agreed)
Cancellation rights (where applicable)
Any guarantee/warranty you will be providing
Whether the contract is dependent on any other
Payment terms (how/when will customer have to pay) conditions, e.g. successful grant application
Any access you need (e.g. to water/electricity)

Remember that customers often get more than LEGAL TIP: If you miss out key
one quote. information in your contract such
For jobs over £500, you must always provide a clear as cancellation rights, or you don’t
and detailed contract to your customer setting out explain the job properly then legally the
what the work is. It should be easy to read and any customer may not have to pay either
terms and conditions you use should be simple and fair. some, or all of the money.
It’s best to use the TrustMark contract template but
if you are using your own, the table below shows what
you must include.

5 Code of Conduct
02. You and Your Scheme Provider trustmark.org.uk

What if things go wrong? Proving competence

You must keep a record of any complaints you receive. You must follow the Code of Conduct, Code of Practice
Your Scheme Provider will help you define the difference and any technical and professional standards and
between a proper complaint and just an enquiry. Make guidance that apply to your type of work and every
sure you have a clear and well documented way of dealing trade and service you offer.
with complaints quickly and easily:
Don’t forget that this applies to everyone working
on the job.
CHECKLIST
¥¥ Make sure your customers understand how to make a
CHECKLIST
complaint if they need to (your website is a great place
How do you know your staff and sub-contractors
to put this information)
are doing a good job?
¥¥ Have a good system for keeping records – you’ll need
to keep them safe (and compliant with data protection ¥¥ Do they understand what’s involved in being

laws) for at least six years a TrustMark business?

¥¥ Make sure your staff and sub-contractors understand ¥¥ Are they experienced?

what to do if they receive a complaint ¥¥ Do they have the right skills and know-how?

¥¥ Nominate one person who is responsible for recording ¥¥ How up-to-date is their knowledge?
all complaints ¥¥ What about new people you might take on?
¥¥ Try to resolve the complaint as swiftly and politely
¥¥ Have you seen their previous work?
as possible
¥¥ Have you checked their qualifications or training?

¥¥ Do you keep all this information safely on file

EXAMPLE PROCESS if you need to show your Scheme Provider?

Dealing with complaints
Managing sub-contractors
As a TrustMark Registered Business, you are responsible
RECEIVE COMPLAINT for the sub-contractors that you employ to complete
works – ensure they meet all the same competency skills
and requirements as your staff.

ASSESS & RECORD

REVIEW COMPLAINT

RESOLVE INVESTIGATE NO FURTHER

FURTHER ACTION

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03. You and Your Customers trustmark.org.uk

03
You and Your Customers If you are showing the customer samples of any product
they must be a true representation. Products installed
should comply with the specification.
Introduction
A larger job may need an installation plan which tells
Your relationship and communications with the customer
the customer a plan of the works to be carried out, with
are critical to getting a good job done. This section
timescales.
advises you on what you should do, from before you
start the work through to completion. Make sure you’ve ‘walked the job’ before you start any
work. Taking photos is a good way to note the existing
condition of the property. Tell the customer to inform
Your business information
anyone they need to about the work e.g. leaseholder,
The TrustMark scheme expects you to include the
freeholder, mortgage payer, insurer.
following information on your website:
If you are using sub-contractors for some of the work, tell
¥¥ Business name and all contact details, including your
the customer who they are and what they’ll be doing.
telephone number
¥¥ Registered address and company number
CHECKLIST
(for limited companies)
Agree with the customer about the access you will need:
¥¥ Your Scheme Provider and the trades you are
TrustMark registered for ¥¥ How best to keep valuables out of the way

¥¥ Your VAT number (if VAT registered) ¥¥ How best to keep children and pets safe and out

¥¥ Your business insurance details (provider and of the way during the work
indemnity limits) ¥¥ How best to take into account the needs

¥¥ Your customer feedback and complaints procedure of any vulnerable people in the property
¥¥ Your ADR (alternative dispute resolution) provider ¥¥ Which entrance and exit you will use

¥¥ The TrustMark logo and a copy of the ¥¥ Whether you will have access to a toilet

Customer Charter at the property

¥¥ What utilities you will need e.g. water, electricity

Your contract with the customer

You’ll need a written quotation and contract with your Surveys
customer (see page 6). Sometime a job needs a survey. If it does, tell the
customer in advance:
Never take full payment from a customer before you’ve
started the job. ¥¥ Who will be doing it

¥¥ Any cost
Agree any deposits or stage payments with the customer
by including them in your quotation and contract. The size ¥¥ The timescale

of those payments must not be excessive. Also tell them ¥¥ How it can be re-arranged if there’s a problem
if you offer financial protection for the work (such as ¥¥ Where the surveyor will need to look
insurances, credit card payments, or escrow accounts).
¥¥ Any questions the customer might need to answer
If you are installing a product, tell the customer if they
will need to have it serviced and maintained regularly,
whether this will impact the guarantee and what this is
likely to cost.

7 Code of Conduct
03. You and Your Customers trustmark.org.uk

Always use competent surveyors Explain things clearly and simply to your customer
and don’t use jargon they won’t understand. Promote
Be upfront about any problem you may foresee and don’t
TrustMark at all times, explaining the benefits.
carry out any unnecessary surveys. If a finished survey
shows the work cannot be done, tell the customer the
reasons why, cancel the contract, and refund any deposit. CHECKLIST
Always act in a professional and responsible manner and
The design process ensure you and your sub-contractors do the following:

Certain work will need a design process. The design must ¥¥ Show ID
comply with the relevant Code of Practice (check with ¥¥ Use protective coverings to look after the customer’s
your Scheme Provider). home
Some types of work, particularly energy efficiency ¥¥ Store any tools and materials left at the job safely

improvements to a home, may have a significant impact ¥¥ Plan the work to minimise disruption
and knock-on effect on other aspects of that property’s ¥¥ Allow more time to explain things to vulnerable
condition and performance. As part of the design consumers - vulnerable consumers are those whose
process, you should take a ‘whole house’ approach, circumstances put them at risk of making an incorrect
consider any potential implications of the work you’re or inappropriate decision, or who are at risk of
doing, and seek technical advice when necessary before receiving inferior goods or services
you start work.
¥¥ Where the customer has a third party to support
Particular types of work e.g. listed buildings or properties them, keep them informed and ensure that they are
within conservation areas will also have special always present when work is being done and decisions
considerations which you must understand and take into made if this is what the customer needs
account before you start work.

During the works At the end of the job

Always keep your customer updated during the works. On completion ensure that you ‘walk the job’ with your
Regular on-site meetings and effective communication customer. Take time to confirm that they are happy with
between all parties are signs of good work. the completed works.

Tell them straight away if something unexpected has If any remedial works are identified, make sure that a
happened and agree a way forward. If the work will now schedule is in place before leaving.
cost more, agree it with the customer and give them Before leaving ensure that instruction manuals
a revised quote. But if the problem is caused by your and maintenance requirements are handed over to
mistake, you must pay to put it right. the customer, and they understand any essential
For larger jobs, include these changes on your installation maintenance. Explain if there is going to be any
plan, making sure you have told the customer if the job ongoing measurement, monitoring or inspections of
will now take longer to finish. the work. A face-to-face handover meeting is strongly
recommended.
Co-operate with any inspections (e.g. building control)
and follow any instructions they give you to get the work Give the customer any guarantee you are providing
approved. (including any product guarantee), where applicable.

If the customer exercises their right to change their Clean up properly, dispose of waste responsibly including
mind, you need to remove goods and any waste from the recycling where possible.
property and leave it secure.

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03. You and Your Customers trustmark.org.uk

Remind the customer of the TrustMark scheme and how CHECKLIST

they can get in touch with their feedback, thanks, a query For jobs where you have installed a product, tell the
or complaint. Give them another copy of the Customer customer:
Charter, so they can read through their rights and
responsibilities. ¥¥ How to use it (give them any relevant instructions)

¥¥ Any safety checks they should carry out

Your invoice ¥¥ Details of any service or maintenance it will need

Issue the customer with an invoice which needs to and when

include the following information: ¥¥ Any impact on the guarantee

¥¥ The word ‘invoice’

The information you give must be in line with the relevant
¥¥ The date
Code of Practice from your Scheme Provider.
¥¥ A unique identification number

¥¥ Your company name, address and contact information

Encourage feedback
¥¥ The customer’s name and address
If you have a happy customer, do encourage them to leave
¥¥ A clear description and breakdown of what you’re positive feedback on a job well done.
charging for
Sometimes things go wrong and the customer will make a
¥¥ Payment methods
complaint.
¥¥ Amount of VAT (if applicable)
¥¥ Deal with it professionally and as soon as possible
¥¥ The total amount payable
¥¥ Follow your complaints procedure*

¥¥ Tell your customer their rights under consumer

law will not be affected*
LEGAL TIP: It’s good business practice ¥¥ Agree with the customer what will be done
to provide proper invoices so you have to put things right
a useful record of all your jobs. ¥¥ Carry out any agreed remedial work as soon
Allow 30 days for payment. as possible

If you can’t sort the complaint out with your customer,

you will need to follow your ADR (alternative dispute
resolution) procedure.
*More information about a complaints procedure and consumer
rights can be found in ‘You and Your Scheme Provider and ‘You
and Your Legislation.

9 Code of Conduct
03. You and Your Customers trustmark.org.uk

General
If you provide energy saving products and services, you
must provide or signpost to clear advice. Tell the customer
where they can find information about any grants or other
incentives which may be available to them. If they can only
afford the work to be done by successfully receiving
a grant, write this into the contract so it’s all agreed.

CHECKLIST
¥¥ Energy performance claims must be accurate

¥¥ Use only approved figures and methods

¥¥ Use figures which represent the customer’s actual

home and set up as best as you can, in line with the
Code of Practice
¥¥ Explain any pros and cons where there is a choice
of option
¥¥ Tell the customer where they can seek independent
advice from other sources e.g. the Information Hub

If you offer finance to customers:

¥¥ Your Financial Conduct Authority (FCA) authorisation

must be valid and up to date
¥¥ Ensure that you only advise on the financial matters
you are authorised to
If you are selling insurance options to your customers,
the same rules apply.

For jobs over £500 (plus VAT) you must have in place
suitable financial protection in case you go out of
business. You can’t charge the customer for this,
and it should include cover for:

¥¥ pre-payments

¥¥ deposits

¥¥ work in progress

¥¥ materials and workmanship (for 6 years after

completion)
¥¥ transferring to another householder (if there
is a house move)

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04. You and Your Legislation trustmark.org.uk

04
You and Your Legislation These are called ‘statutory rights’ and you should let
the customer know that these rights remain unaffected
The only way to avoid breaking the law and make sure you should they choose to use your complaints process.
understand the rights that customers have, is to ensure Statutory rights are also in addition to any guarantees
both you and your employees have a good grasp of the or warranties you give.
relevant rules and regulations.

This section tells you about the main laws you need to 30-day right to reject
understand and how you can follow the key rules of fair If you have supplied a product that does not satisfy
trading and consumer protection. A lot of it is common the statutory rights stated above, e.g. it is faulty, the
sense and if you make sure you are always being honest customer can reject this within the first 30 days. This
and reasonable you can’t go far wrong. means you have to refund them. If the customer chooses
not to reject the goods, they will be entitled to a repair
Your knowledge or replacement. If such a repair or replacement fails, the
You need to comply with the following pieces of law: customer may still reject the goods for a refund or may
¥¥ Consumer Rights Act request a price reduction.

¥¥ Consumer Protection from Unfair Trading Regulations A refund must be given without undue delay and in
¥¥ Consumer Contracts (Information, Cancellation any event within 14 days of the trader agreeing that
& Additional Changes) Regulations the consumer is entitled to a refund. The trader is
responsible for the reasonable cost of returning the
goods except where the consumer is returning them to
Here is a summary of the main
the place where they took possession of them.
requirements of these laws and how
they apply to you and your employees: During this first 30 days the burden of proof is on the
customer to prove that the goods were faulty.
Consumer Rights Act If a problem is found after the first 30 days the customer
While the long-established Sale of Goods Act and the can claim a repair or replacement. But they can still ask
Supply of Goods and Services Act still apply for business- for a full or partial refund/price reduction where:
to-business contracts, there is a relatively new law –
¥¥ the repair or replacement is unsuccessful
the Consumer Rights Act – which applies when you are
or impossible
dealing with private customers.
¥¥ it could cause them significant inconvenience
The Consumer Rights Act provides different remedies (e.g. take a long time)
for the customer when things go wrong.
If the product is ok but you have installed it incorrectly,
Products the customer can ask for a repair, a replacement or a
Any products you supply should be: price reduction.
¥¥ of satisfactory quality (includes durability – how long
The customer may be able to claim compensation if the
a product is expected to last) faulty product/ installation has caused further damage.
¥¥ fit for any common purpose (is the product right for
the customer’s needs?)
The first 6 months
¥¥ fit any particular purpose made known to the seller
If the fault is found within the first 6 months, the law says
¥¥ meet any description, including any sample or model it will be assumed that it was there from the beginning.
¥¥ safe

¥¥ Installed correctly

11 Code of Conduct
04. You and Your Legislation trustmark.org.uk

Between 30 days and 6 months after the sale the Repeat Performance also applies where you have given
burden of proof passes to the seller. So, unless you can information to the customer at the start of the job (either
prove otherwise, you will need to carry out a repair or verbal or written) which they relied upon and it turned out
replacement to put things right. If this is unsuccessful to be wrong.
the customer can still have a full refund (or price
reduction/partial refund if they wish to keep the product).
Contracts
You do not have to provide terms and conditions but if you
After 6 months do, they must be fair.
If the fault is found/develops after 6 months then it will
This means they can’t benefit you more than the
be down to the customer to prove the defect was there at
customer. Traders should ensure that contracts are
the time of delivery, and/or the work was not carried out
presented in a way that is fair and open and respects the
with reasonable care or skill (the item was not installed
consumers legitimate rights. Terms and notices should
correctly).
be transparent; that is using plain language, with no legal
This means that where you do not agree with the jargon, capable of being understood and clearly legible.
customer, they will have to provide some extra evidence
The following terms are ALWAYS considered unfair so
(such as an expert report) before you have to put things
never use them:
right (as above).
¥¥ excluding liability for death or injury

Services ¥¥ excluding or restricting statutory rights

The work you do in a customer’s home should be of a high

standard and must be carried out: The following terms MAY be unfair so it’s still best to avoid
them:
¥¥ with reasonable care and skill
¥¥ unreasonably tying the customer into the contract
¥¥ at a reasonable price
¥¥ denying the customer a full remedy when things
¥¥ within a reasonable time
go wrong
Therefore, it’s always best to agree your price and time ¥¥ giving you the right to enter a consumer’s home and

to do the job beforehand.* seize goods in the event on non-payment

*For more information about what details to agree with your ¥¥ making customers lose deposits unfairly
customer in writing before a job starts see ‘You and Your ¥¥ increasing the price of the work after it’s been agreed
Scheme Provider’
¥¥ unreasonably altering terms of the contract after it’s
been agreed
Repeat performance
¥¥ unreasonable financial penalties
If something goes wrong the customer can ask you to put
it right. This means carrying out work to bring it up to the
level it should have been. The customer only has to give
you one chance (though they may agree more) and you LEGAL TIP: Unfair terms in your contract
can’t ask them to pay for it. may make your contract harder to
enforce in the event of a dispute.
If this is not possible you will need to reduce the price of
the job. This means giving them a partial refund if they
have already paid.

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04. You and Your Legislation trustmark.org.uk

You’ll find more advice and information on the

Misleading actions and omissions
Consumer Rights Act here: Don’t advertise goods which don’t exist or make
www.gov.uk/government/publications/consumer- misleading comparisons between products.
rights-act-2015/consumer-rights-act-2015 Make sure you follow your relevant Code of Practice
(from your Scheme Provider).
Consumer protection from unfair trading Don’t give false information about the products you
regulations supply/fit.
These regulations prohibit trading practices that are
Don’t suggest there is need for work such as repair
unfair to consumers. There are four types of practice
or replacement when there is none
to consider:
Make sure all the information you give about your
¥¥ A blacklist of certain practices which are considered
business, your staff, your qualifications and your
to ALWAYS be unfair and therefore are banned in all
experience are correct.
circumstances
¥¥ A ban on misleading actions and omissions Don’t give your customer false information about their
legal rights.
¥¥ Aggressive practices
¥¥ A general duty not to trade unfairly Don’t leave information out:

¥¥ Tell the customer everything they need to know

to make an informed choice
Practices banned in all circumstances
¥¥ Don’t hide information or make it unclear
There are 31 specific practices which are banned. This
means if you do any of them you will be committing a ¥¥ Don’t give information to the customer too late

criminal offence. They include: ¥¥ Tell the customer of any advantage you might gain
(e.g. financial) if they choose a particular product
¥¥ Displaying a quality mark (or equivalent) without the
or service
necessary authorisation
¥¥ Don’t provide material information in a manner that
¥¥ Claiming to be approved or endorsed when you are not
is unclear, unintelligible, ambiguous or untimely
(e.g. Gas Safe registered)
¥¥ Aggressive doorstep selling (refusing to leave when
asked) Aggressive practices
¥¥ Limited offers (claiming they must agree to the Obviously, you cannot be threatening or abusive to your
contract in order to get that price) customers, but you need to be aware of more subtle ways
¥¥ Telling the customer that if they do not agree to the they might feel pressurised:
work, your livelihood will suffer
¥¥ Don’t push for a contract to be signed before you leave
¥¥ Inferring that a customer’s statutory rights are a key
¥¥ Don’t try and persuade the customer if they are saying
feature that only you offer
no or having doubts
¥¥ High pressure selling techniques
¥¥ Don’t stay too long at the customer’s home

¥¥ Don’t call on people in a no cold calling zone or on

For the following types of trading practices, it is people who have a no calling notice on or by their door
necessary to show whether the action of the trader
influences the average consumer, causing him to
take a transactional decision he would not have
taken otherwise.

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04. You and Your Legislation trustmark.org.uk

General duty not to trade unfairly This means that in addition to all the normal information
you give the consumer at the start of a job on your
A practice is unfair where:
quotation and/or contract * you must also provide them
¥¥ it falls below the professional standard of work and with clear details of how can cancel if they wish to.
treatment of customers expected by a trader in that *Full details of what information should be provided to your
industry and customers before work starts can be found in “You and our
Scheme Provider’
¥¥ it affects the economic behaviour of the average
consumer, and impairs their decision to make an If a customer wants you to start work before their 14-day
informed decision on whether to buy a particular cancellation period has ended, you must get them to
product agree this in writing. Using a simple ‘permission to start
work now’ form is the best idea.

If you act honestly and trade fairly it is easy to If the customer then wishes to cancel after you’ve started
comply with this law. the job, they have to pay for any work you have already
done up to that point.

Urgent repairs (e.g. urgent call out to fix a broken boiler)

Consumer Contracts information,
and bespoke goods are exempt.
cancellation & additional charges
regulations

These regulations provide cancellation rights for LEGAL TIP: If you miss out key
consumers in certain circumstances, and details information in your contract such
information that should be given to consumers as cancellation rights, or you don’t
before you enter into a contract with them. explain the job properly then legally
the customer may not have to pay
This covers such things as your trading address, pricing, either some or all of the money.
complaint-handling policy and cancellation rights. If
you do not give certain parts of this information the
consumer may not have to pay. You’ll find more advice on Trading Standards regulations
here: www.businesscompanion.info
You must make customers aware of their cancellation
rights. In very simple terms, cancellation rights usually
apply where:
Other laws
¥¥ the job costs more than £42

¥¥ you are at the customer’s home Looking after the environment

¥¥ you agree the contract with them there and then ¥¥ Make sure that your work does not damage the
environment
The customer has a cooling-off period to change their ¥¥ Dispose of any waste responsibly and safely
mind for any reason; in the case of goods, this starts from ¥¥ Make sure you hold a waste carriage licence where
the date of the contract and ends 14 days after the day necessary
that the goods were delivered, or in the case of a service,
¥¥ Ask your Scheme Provider for more information on
from the date the contract was agreed.
which environmental laws apply to you (including
wildlife protection)

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04. You and Your Legislation trustmark.org.uk

¥¥ If you want to promote your services to new contracts

Your advertising
you’ve not dealt with before, you need to be able to
When you speak about your business or write about it in
prove that you have their express consent to phone,
advertising or on your website, make sure everything you
email, text or contact them with your marketing
say is:
¥¥ Only keep information you need/will use for the

LEGAL – e.g. claiming you are a member of a trade purpose it was collected for, and then only for
association when you are not is illegal as long as it’s needed. Dispose carefully of any
other information
DECENT – your advert might be clever and funny
¥¥ Understand that people have a right to know what
but could it offend someone?
information you hold about them, and the right to
HONEST – it’s not fair to only give some of the update that information or object and have it deleted
information and miss out other important facts ¥¥ If a customer asks you for a copy of their data, you
must supply that information and cannot make a
TRUTHFUL - have you got evidence to support your
charge for doing so
comments if someone was to challenge them?

¥¥ Don’t use confusing or misleading statements The new General Data Protection Regulation (GDPR) has
tightened up how customers’ information is stored and
¥¥ Make sure you have evidence to support what you
requires records to be kept demonstrating what you do
are saying
with the data. Certain types of organisation are required
¥¥ Only use genuine customer reviews and show the date
to appoint a Data Protection Officer (DPO).
they were received
If you are a larger organisation (over 250 employees)
¥¥ Only use logos you are allowed to
some requirements are more complex. You will need
¥¥ Keep information on your headed paper and website
to look at the ICO website and speak to your Scheme
up to date
Provider for more information.
¥¥ Keep any advertising leaflets simple

Your customer information REMEMBER: Ignorance of the law

You must ensure the way you collect, deal with and store could cost you money or get you
customers’ personal information, complies with data a criminal record.
protection rules.

A customer’s personal information includes their name,

address, email address, phone numbers, photographs The advice given above is Assured Advice
and any record of the work they’ve had done. provided by Buckinghamshire and Surrey Trading
¥¥ You must keep customers’ information secure
Standards Service.

¥¥ If you use someone else to look after your database

or to generate new business leads for you, make
sure they are also compliant with data protection
regulations
¥¥ If you want to use an existing customer’s details to send
them promotional information, they must have the
option to opt out of your communications at any time

15 Code of Conduct
04. You and Your Legislation trustmark.org.uk

The advice below in italics regarding the

Construction Phase Plan (CDM 2015)
Construction (Design and Management) Whether the only contractor, or the principal contractor
Regulations 2015 is not assured advice. you will be in control of the project. A simple plan before
the works begin is usually enough to show that you have
considered health and safety. You will be responsible for:
Construction (Design and Management)
¥¥ preparing a plan
Regulations 2015 (CDM 2015)
¥¥ start and finish dates
It is important to ensure that CDM responsibilities are
agreed and understood at the beginning of your contract: ¥¥ when utilities will be connected/disconnected

¥¥ building stages e.g. groundworks

¥¥ If you are the only contractor, then you must take on
the legal duties of your customer, in addition to your ¥¥ organising work

own. In practice, this should be no more than what you ¥¥ identify the main dangers
would usually do in managing health and safety risks ¥¥ how will you keep the site safe for all?
¥¥ If you are the principal contractor (where more
¥¥ working with others to ensure health and safety
than one contractor is involved) you have CDM
responsibilities ¥¥ establish site rules

¥¥ If your customer has not appointed a principal ¥¥ visible health and safety information

contractor, then the customers duties must be ¥¥ who will make decisions if things change
carried out by the contractor in control of the e.g. timescales, materials
construction works
¥¥ If your customer has appointed an architect/designer You’ll find more advice on health and safety
(principal designer) on a project involving more than regulations here:
one contractor, they can then manage the CDM, but www.hse.gov.uk/construction/cdm/2015/index.htm
you must then ensure that they have correct written
consent from your customer or responsibility reverts
to the principal contractor

v 1.0 August 2018 16

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