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What Is The Fair Payment Code, And Does It Actually Work?

Writer: Jamie Sedgwick
Jamie Sedgwick
Sep 25
3 min read

If you've come across the term "Fair Payment Code" and aren't sure what it means for your business, you're not alone. It's worth understanding - especially if you're weighing up a new commercial relationship with a larger client, or trying to work out what "good payment practice" actually looks like in the UK right now.

In short: the Fair Payment Code is a voluntary UK government scheme, run by the Small Business Commissioner, that awards businesses a Gold, Silver, or Bronze rating based on how promptly and fairly they pay their suppliers. It replaced the older Prompt Payment Code in December 2024. Joining is free, but entirely optional - there's no legal requirement to sign up, and no direct penalty for choosing not to.



Where Did The Fair Payment Code Come From?

The Code launched in December 2024 to replace the Prompt Payment Code, which had existed since 2008 but was widely seen as toothless - plenty of signatories continued paying suppliers late without real consequence. The Fair Payment Code was designed to be more ambitious, and sits alongside a wider government push to tackle late payment, including the Commercial Payments Bill now working its way through Parliament.


How Does It Actually Work?

Any UK business can apply for free. Once assessed, it's placed into one of three tiers based on actual payment performance:

  • Gold - at least 95% of all invoices paid within 30 days.

  • Silver - at least 95% of invoices paid within 60 days, including 95% to small businesses specifically within 30 days.

  • Bronze - at least 95% of all invoices paid within 60 days.


Awards typically last for a set period and need renewing, so a business has to keep meeting the standard rather than earning a one-off badge.


What Does Signing Up Achieve?

For a business that genuinely meets the standard, there's a real reputational upside - a published award can help win new clients, reassure investors, and support a "responsible business" image, which matters increasingly in procurement and tendering. For a smaller supplier, the Code works the other way: it's something concrete to check before agreeing terms with a larger commercial partner. A Gold or Silver award is a reasonable signal of intent, though as below, not a guarantee.


Does It Actually Work?

Honestly, the answer is mixed. Because the Code is voluntary, there's no legal consequence for a business that doesn't sign up, or one that signs up and later lets its performance slip - the only real risk is losing the award itself, a reputational cost rather than a financial or legal one. Critics point out that the businesses most inclined to pay late are often the least likely to opt into a scheme that would expose that behaviour.


Where the Code may have more teeth is alongside harder measures - the Commercial Payments Bill, currently progressing through Parliament, is expected to introduce a 60-day statutory cap on payment terms, mandatory interest at 8% above the Bank of England base rate, and stronger enforcement powers for the Small Business Commissioner. It's worth being clear, too, that businesses are already bound by existing late payment law regardless of whether they've joined the Code - signing up is a reputational commitment layered on top of protections that already exist.


What This Means If You're Owed Money Right Now

Whether or not a client has signed the Fair Payment Code, or holds Gold, Silver, or Bronze, it doesn't change what's owed to you today. The Code is a signal of intent, not an enforcement mechanism, and it won't chase an overdue invoice for you.

If a payment has gone quiet, the tools that work right now - statutory interest, formal demand, or professional debt recovery - remain the most reliable route to getting paid, whatever code a client has or hasn't signed.



FAQs

Is the Fair Payment Code legally binding?  No - it's voluntary, with no legal penalty for non-participation or for falling short of an award tier later.

Who runs it? The Office of the Small Business Commissioner, an independent public body tackling late payment across the UK.

What replaced the Prompt Payment Code?  The Fair Payment Code, launched December 2024, with a tiered Gold/Silver/Bronze system in place of the older, weaker version.

Can I check if a client has signed up?  Yes - awards and tiers are published, and it's worth checking before agreeing terms with a new commercial client.

Does it protect me if a client pays late anyway?  Not directly. Existing law already gives you the right to statutory interest and compensation, regardless of whether a client has signed the Code.

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