Groceries Code Adjudicator
{{Use dmy dates|date=April 2022}}
{{Infobox government agency
| agency_name = Groceries Code Adjudicator
| type = Ombudsman
| logo =
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| formed = {{Start date and age|2013|06|25|df=yes}}{{Cite web|date=27 June 2013|title=Groceries Code Adjudicator powers come into force|url=https://uk.practicallaw.thomsonreuters.com/8-532-5127|access-date=21 July 2021|website=Practical Law|publisher=Thomson Reuters}}
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| dissolved =
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| jurisdiction = {{Ubl|England and Wales|Scotland|Northern Ireland{{Cite web|date=2013|title=Groceries Code Adjudicator Act 2013, section 24|url=https://www.legislation.gov.uk/ukpga/2013/19/section/24|access-date=21 July 2021|website=legislation.gov.uk|publisher=The National Archives}}}}
| headquarters = 7th Floor, The Cabot
25 Cabot Square
Canary Wharf
London
E14 4QZ
United Kingdom{{Cite web|title=Groceries Code Adjudicator|url=https://www.gov.uk/government/organisations/groceries-code-adjudicator|access-date=2021-07-21|website=GOV.UK|language=en}}
| employees = 4.6 full time equivalents{{Cite book|date=25 June 2021|title=Groceries Code Adjudicator Annual Report and Accounts 2020-2021|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/995915/Groceries_Code_Adjudicator_Annual_Report_and_Accounts_2020-2021.pdf|access-date=21 July 2021|publisher=Dandy Booksellers Limited |isbn=978-1-5286-2606-4}}
| budget =
| minister1_name =
| minister1_pfo =
| chief1_name = Mark White
| chief1_position = Groceries Code Adjudicator
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| website = {{Official URL}}
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| parent_department = Department for Business and Trade
}}
The Groceries Code Adjudicator (or Supermarket Ombudsman{{Cite news |date=2013-01-21 |title=Christine Tacon named as supermarket ombudsman |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-21117701 |access-date=2023-08-07}}) is an independent statutory office established to enforce the Groceries Supply Code of Practice and to regulate the relationship between supermarkets and their direct suppliers within the United Kingdom. The post was created by the Groceries Code Adjudicator Act 2013 and is an independent office within the Department for Business and Trade.
The UK Competition Commission ({{As of|2014|4|1|lc=y}} the Competition and Markets Authority or CMA) undertook an investigation of grocery retail in 2009, and recommended that government establish an ombudsman for the sector.{{cite news|url=https://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/5973553/Competition-Commission-calls-for-retail-ombudsman.html|title=Competition Commission calls for retail ombudsman|date=4 August 2009|work=The Daily Telegraph|accessdate=20 April 2014}} The Groceries Supply Code of Practice applied initially to ten retailers with an annual turnover of £1bn+, namely Tesco, Co-op, Sainsbury’s, Marks and Spencer, Asda, Lidl, Morrisons, Aldi, Waitrose, and Iceland. On 9 February 2022, the CMA announced that Amazon.com would also be included with effect from 1 March 2022.{{Cite web |title=Notice of Designation for Amazon.com Incorporated |url=https://www.gov.uk/government/publications/notice-of-designation-for-amazoncom-incorporated |access-date=2023-08-07 |website=GOV.UK |language=en}}
Trade magazine and website Retail Week reported that in response to calls for submissions to the Competition Commission investigation, major UK retailer Aldi supported the establishment of a retail ombudsman, while Tesco, Sainsbury's, and a number of other major retailers did not support its establishment.{{cite news|url=http://www.retail-week.com/sectors/food/waitrose-gives-last-minute-show-of-support-for-retail-ombudsman/5003290.article|title=Waitrose gives last-minute show of support for retail ombudsman|last=Faithfull|first=Mark|date=5 June 2009|work=Retail Week|publisher=Emap International Limited|accessdate=20 April 2014}}
In January 2013 Christine Tacon was appointed to the role for a four-year period.{{Cite web |title=Christine Tacon CBE |url=https://www.gov.uk/government/people/christine-tacon |access-date=2023-08-07 |website=GOV.UK |language=en}} Mark White, the current adjudicator, was appointed in October 2020.Groceries Code Adjudicator, [https://www.gov.uk/government/news/gca-responds-to-reappointment GCA responds to reappointment], published on 24 May 2024, accessed on 26 June 2024
The Adjudicator publishes interpretative guidance on the Code of Practice, best practice statements and details of retailers' voluntary commitments{{Cite web |date=March 2016 |title=GCA policy: Interpretative guidance, best practice statements and retailer voluntary commitments |url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/510114/GCA_policy__Interpretive_guidance__best_practice_and_voluntary_agreements_March_2016.pdf |access-date=2023-08-07 |website=GOV.UK}} and arbitrates in disputes between retailers and suppliers.
Best practice statements
Areas covered by best practice statements include forecasting and handling consumer consumer complaints.Groceries Code Adjudicator, [https://www.gov.uk/government/publications/gca-consumer-complaints-best-practice-statement/gca-best-practice-statement-consumer-complaints GCA Consumer complaints best practice statement], published on 13 December 2016, accessed on 6 November 2024 Forecasting was covered by a review of practice and statement in aid of "better working practices" issued in March 2016: the scope of this statement was extended to cover sales promotions when it was reissued in June 2018.Groceries Code Adjudicator, [https://www.gov.uk/government/publications/gca-forecasting-and-promotions-best-practice-statement/gca-best-practice-statementforecasting-and-promotions-including-taking-due-care-when-ordering-for-promotions#gca-statement-of-best-practice-forecasting-and-promotions-including-taking-due-care-when-ordering-for-promotions Best practice statement: Forecasting and promotions], published on 25 June 2018, accessed on 6 November 2024
Investigations
Christine Tacon's first investigation, announced on 5 February 2015, looked into the supply chain activities of Tesco plc.{{Cite news |date=2016-01-26 |title=Tesco knowingly delayed payments to suppliers |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-35408064 |access-date=2023-08-07}} The investigation found that Tesco had breached the delayed payment provisions of the Code, but in respect of the rule that no payments should be required from suppliers for better positioning of goods unless in relation to promotions, no evidence of a breach was found.Groceries Code Adjudicator, [https://www.gov.uk/government/publications/gca-investigation-into-tesco-plc GCA Investigation into Tesco plc], published 26 January 2016, accessed 23 May 2024
In her work on the Tesco investigation, Tacon identified problems with "drop and drive deliveries" as one of her "top five issues",Groceries Code Adjudicator, [https://assets.publishing.service.gov.uk/media/5a816bc3e5274a2e8ab53e58/GCA_Top_5_web.pdf Top 5 issues], published in June 2016, accessed on 21 March 2025 because they can be a cause of delay in payments to suppliers for goods received. "Drop and drive" disputes involve deductions made in supplier payments because of "alleged discrepancies" in delivered quantities.Quinn, I., [https://www.thegrocer.co.uk/supermarkets/gca-calls-off-drop-and-drive-investigation-threat/557057.article GCA calls off 'drop and drive' investigation threat], The Grocer, published on 31 August 2017, accessed on 26 June 2024 As a result, work was undertaken with a group of 20 supermarket suppliers and consultancy firm Simply Supply Chain, which highlighted concerns regarding inaccurate claims being made by the supermarkets. {{asof|2015|February}} the GCA withdrew from handling concerns over the drop and drive issue so that an industry-led solution could emerge.Groceries Code Adjudicator, [https://assets.publishing.service.gov.uk/media/5a808af7ed915d74e622f0f8/Drop_and_drive_text.pdf Making Progress on Delays in Payment resulting from Drop and Drive], published on 5 February 2015, accessed on 26 June 2024 Morrisons and Asda later introduced a "Good Faith Receiving" process, under which they agreed to pay suppliers for all drop and drive deliveries, using spot check audits to ensure accuracy, and the Co-op had agreed to pay all drop and drive delivery invoices in full and settle any disputes later by mutual agreement.
Tacon's other "top issues" were:
Appeals
Some decisions by the adjudicator can only be challenged by judicial review, for example a decision to commence an investigation or a ruling that a breach of the Code has occurred. Suppliers and retailers can challenge a decision on costs through an appeal to the courts or via arbitration, or alternatively via commercial litigation.Groceries Code Adjudicator, [https://assets.publishing.service.gov.uk/media/5a748233ed915d0e8e398c3a/GCA_guidance_on_appeals_July_2014.pdf GCA Guidance on appeals], published on 22 July 2014, accessed on 10 October 2024
References
{{reflist}}
External links
- [https://www.gov.uk/government/organisations/groceries-code-adjudicator Groceries Code Adjudicator website]
- [http://www.legislation.gov.uk/ukpga/2013/19 Groceries Code Adjudicator Act 2013]
{{Department for Business and Trade}}
{{Department for Business, Energy and Industrial Strategy|collapsed}}
Category:2013 establishments in the United Kingdom
Category:Public bodies and task forces of the United Kingdom government
Category:Department for Business, Energy and Industrial Strategy
Category:Department for Business and Trade