Ethical Standards

All Fellows and Corporate Members of the Gemmological Association Of Great Britain (Gem-A) must adhere to the by-laws regarding ethics and transparency in regards to gemstone and jewellery sales and information ("The Gem Code") provided as set out in section 7, with complaints procedures and penalties (including loss of membership) in as set out in section 9.

The text of these are are follows (link to the complete by-laws on the Gem-A website as a PDF file can be found here):

7. Code of Practice- The Gem Code

a. The Gem Code is a basic Code of Practice for fair and honest gem descriptions and disclosures. Adherence to the Gem Code is expected of all Members and is one of the conditions of being a Corporate Member of the Association. The Gem Code applies at every level of the trade.

b. CIBJO (World Jewellery Confederation) guidelines and definitions are taken as defining best practice and will be the reference used in the event of a dispute that cannot be resolved by mutual or mediated agreement on the basis of the Gem Code given below.

c. The Gem Code covers natural coloured stones and diamonds, including those that are modified, whether cut or rough; synthetic or imitation stones whether cut or rough, and natural or cultured pearls and their imitations. For the sake of simplicity, the term ‘stone’ is used in the following clauses to cover all of these.

d. The Association considers it to be unfair or deceptive to misrepresent or withhold information which an average consumer might reasonably expect to receive prior to making a purchase decision. This may include information relating to the size, nature, quality, modification, durability, value or rarity of a stone.

e. In particular the information received by a buyer prior to purchase should:
i. Explain whether a stone is natural, synthetic or imitation. (Note: A synthetic stone is not natural, but has essentially identical composition and properties to a natural stone; imitations are in other materials, such as glass).
ii. Explain whether pearls are natural, cultured or imitation.
iii. Explain if the stone is known to have been modified (treated) and, if applicable, how the modification may affect its durability in manufacture, repair, cleaning or use.
f. Where reliable information, such as a third party laboratory report or appraisal, is not easily or economically available to comply with S7. d and S7. e. i, ii and iii, the seller should be diligent and honest in explaining the likely nature and durability of the stone or stones in line with readily available industry information.
g. Documentation should also comply with the relevant clauses above. Buyers may expect to receive or have access to relevant information in written or electronic form.
h. The Association does not consider it to be deceptive to describe synthetic stones by alternative terms such as ‘Laboratory Created’ or ‘Laboratory Grown’, provided that an average consumer would readily understand prior to purchase that the stones are not natural.
i. Receipts or other documentation at the time of sale should also comply with the relevant clauses above. Buyers may expect to receive or have access to relevant information in written or electronic form.
j. Where applicable, local legislation takes precedence over the above clauses.
k. A complaint that a Member had acted in a manner contrary to this Code will be dealt with as described in section 9.

9. Complaints Procedures:

Note: It is the Council’s desire that all Members reflect the high standard of ethics and honesty expected of them. However, where such standards are not met, actions and remedies by the Council are limited. The Council has no legal power to summon witnesses or apply disciplinary action other than suspending or expelling members from membership. Only in exceptional circumstances will the Council or a delegated representative of the Council be able to visit Member’s business or other premises, or hold hearings other than at the Association’s offices.

a. Complaints relating to educational matters are covered by the Association’s educational grievance procedures, available separately.

b. Where complaints made against Members by other Members or by the public relate to alleged offences that can be referred to tax, law enforcement, Trading Standards or other official agencies, the complaints should be addressed to those agencies in the first instance. The Association can sometimes advise as to whether an alleged action might be contrary to law or compliance with the standards expected of a Member, but it is unable to comment on individual cases or take action to bring the matter to the relevant agency’s attention.

c. The Council may suspend or expel from membership any Member convicted of a criminal offence which the Council deems is of sufficient severity or relevance to warrant such action.

d. The Council may suspend or expel from membership any member whom they consider beyond a reasonable doubt to have acted in a way which reflects badly on the offender’s ethical and honest pursuit of gem-related matters, whether in a business, academic or private capacity.

e. Any Member may complain to the Council concerning the conduct of another individual Member or Corporate Member. Where relevant the complainant should be referred to S9 b. Other complaints shall be made in writing addressed to the Council of the Association and give details of the complaint, the Member being the subject of the complaint, evidence concerning the complaint (including photographic or documentary evidence if relevant) and the signed statement of an independent witness that supports the substance of the complaint.

f. A member of the public may complain to the Council concerning the conduct of a Member or Corporate Member. Where relevant, the complainant should be referred to S9b. Other complaints shall be made in writing addressed to Council of the Association and give details of the complaint, the Member being the subject of the complaint, evidence concerning the complaint (including photographic or documentary evidence if relevant) and the signed statement of a Member of the Association that supports the substance of the complaint.

g. Complaints made as per S9 e or f will be considered by the Council or a sub-committee of the Council in the manner which it thinks most suitable. It is the Council’s intention that all such complaints are acknowledged and any additional input sought from the relevant parties within 28 days. Hearings or other investigations shall be completed in a timely manner so that a decision may be made within three calendar months of the complaint being received. Throughout the proceedings, all parties will be kept informed of all relevant decisions, facts and gathered evidence, and such procedural information as timetables for hearings and who might attend these.

h. If a Member feels aggrieved at the conclusion reached by the Council, and/or the disciplinary action the Council takes, he may ask for mediation by a mutually acceptable third party who is prepared to act at no charge, or seek a vote at an AGM. Such a vote shall be by secret ballot and the result shall be the majority decision of the Members present. In either of these cases the decision reached will be taken as final.

i. Except in a case where the matter is taken to a vote at an AGM, as in S9 h, the Association will take reasonable action to ensure the confidentiality of all parties at all stages of the disciplinary action other than matters which are already in the public domain.

j. The records of any complaint and its resolution will be retained by the Association to the extent compliant with data protection legislation.

k. If the Council decides not to institute disciplinary proceedings against a Member following a particular complaint, this decision is final.

l. Expelled members may re-apply for Membership and each such re-application will be considered on an individual basis.

m. Any Member suspended or expelled from the Association for disciplinary reasons shall not cease to be liable for any monies due to the Association and shall not be entitled to refund of any subscription.

n. Notwithstanding any other provisions, the Council may cancel a membership forthwith if it is established to their satisfaction that that member refuses to accept or comply with any judgment of the Council, unreasonably withholds information relating to a complaint or failed to disclose to the Council, at the time of applying to join the Association, facts or information which if disclosed would have been material to the application and might reasonably have resulted in refusal of membership.

If you have any further questions about these by-laws Gem-A may be contacted here