Call for changes to profit priority in s172 of Companies Act

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A group of business leaders, backed by the public, is calling for a shake-up of section 172 of Companies Act 2006 which currently prioritises shareholder profits over people and the environment

Over three quarters of the public (76%) believe that the law needs to change to give businesses a legal responsibility to prioritise people and the planet alongside making a profit.

Under UK law, s172 of Companies Act currently requires businesses to operate under a legal regime of shareholder primacy, meaning company directors too often put profit ahead of society and the environment.

A broad coalition of businesses, including Iceland, Suez, Innocent, Graze, Danone, Gateley, Institute of Directors, Anglian Water, Cook, ERS Medical and Pukka, to name a few, are calling on the government to enact the Better Business Act.

The so-called Better Business Act campaign wants to see a change to the director responsibilities set out in section 172 Companies Act. They are calling for a change to the legislation that ‘would empower company directors to align the interests of shareholders with their employees, customers, local communities and the environment’.

Support for the change spans political preferences with voters across the party divide strongly giving their backing; 85% of Labour supporters, 70% of Conservative supporters, and 89% of both Liberal Democrat and Green Party supporters said they were in favour of the proposed amendment to the law.

The research, which canvassed opinion on business responsibility, was conducted by B Lab UK ahead of today’s Better Business Day.

When respondents were asked about their biggest single motivator for backing the change, looking after people was at the forefront.

Over a quarter (28%) believed the most important reason was to protect employees, with recent developments such as the Post Office scandal highlighting a need for change.

One in four said that businesses should have a legal responsibility to protect the environment.

The research showed that increasingly the public are looking to businesses to act as a force for good and will prioritise those that do.

Almost half of respondents (47%) said that they would only work for companies that showed themselves to have a responsibility towards wider stakeholders including their employees, customers, local communities and the environment.

Mary Portas, chair of the Better Business Act, and founder of Portas agency, said: ‘The data is clear. And so is the cultural mood. The British public are crying out for businesses to make a change and make it their legal right and responsibility to look after people and the planet.

‘We see this demand across the board. From all parts of the UK. All age ranges. All political persuasions. As we head into the election, it’s a challenge the next government cannot ignore.

‘Thousands of businesses have already prioritised responsible decision-making. It’s only fair that the government now supports every company – big and small – in their journey towards becoming a better business.’

Chris Turner, campaign director of the Better Business Act and executive director of B Lab, said: ‘It’s been three years since we launched the Better Business Act campaign.

‘In that time, we’ve seen a growing majority of the UK public demand more from the companies they engage with, while leaders of these organisations also recognise that we need to change ‘business as usual’.

‘Over 2,500 UK companies from all sectors and of all sizes are now backing the Better Business Act, demonstrating the urgency for the next government to take action and empower all business leaders to prioritise people and the planet alongside profit.

‘During a time when people are battling a cost-of-living crisis, global temperatures are rising and inequality is reaching new heights, updating section 172 of the Companies Act would ensure that business becomes part of the solution to the social, environmental and economic challenges we face.’

To find out more information visit https://betterbusinessact.org/

Sara White | Editor, Business & Accountancy Daily

Sara White is editor of Business & Accountancy Daily at Croner. For leads and story pitches, please ...

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