Mark Maurice-Jones – GC Powerlist
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United Kingdom 2021

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Mark Maurice-Jones

General counsel UK and Ireland | Nestlé

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United Kingdom 2021

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About

Team size: 14

What are the most important transactions and litigations that you have been involved in during the last year?

Firstly, a joint venture called PODBACK recently announced by Nestlé and JDE which is aimed at providing consumers with solutions to easily recycle used Nespresso and Nescafé Dolce Gusto coffee pods. The legal team has been heavily involved in the creation of the joint venture which brings the entire coffee industry together including retailers and local authorities and other recycling service partners. Secondly, negotiating the necessary contractual arrangements to support Nestlé’s flagship distribution centre and technology hub in the UK which was recently opened. Nestlé began collaborating with XPO on the design and construction of the Digital Distribution Warehouse of the Future in 2018, together with technology partner Swisslog Logistics Automation. The 638,000-square-foot facility at the Segro East Midlands Gateway in Leicestershire includes advanced solutions customised by Swisslog and integrated with XPO’s digital warehouse ecosystem. The operations use sophisticated robotics, automated sorting systems and XPO’s intelligent analytics to deliver fast, efficient distribution of Nestlé products, including KitKat, Maggi and Nescafé. Lastly, supporting numerous acquisitions including acquiring a majority stake in the healthy recipe box and prepared frozen meals company Mindful Chef, and acquiring a recipe kit company Simply Cook.

What were the main steps you took to protect the business once it became clear we were in the midst of an unprecedented challenge?

The legal team supported a number of initiatives impacting our employees including developing process to address issues around employee safety and working conditions and maintaining supply. For those that needed to go into the workplace, including in supply, distribution and manufacturing, we developed enhanced safety and hygiene standards and strict social distancing measures. Also we accelerated our technology program to ensure our employees could continue to work in a virtual environment from home, and paying people in the vulnerable category for the twelve weeks they need to be away from work in line with government guidance.

The legal team supported a number of initiatives impacting our customers and suppliers. We made sure that our partners who provide in store activation and sales were paid in full while they undertook alternative work from home, and we reduced payment terms with our suppliers where needed.

How have you maintained your team’s cohesion when you have been unable to see them face-to-face as regularly as usual?

The Covid-19 crisis has impacted people in differing ways depending upon their personal circumstances. It has really emphasised to me the importance of spending that extra bit of time listening to others, understanding their personal pressures and allowing them to take a flexible approach to the delivery of work.

Did the Brexit deal reached at the end of 2020 give you and your business greater clarity for the future?

Nestlé has many factories in the UK and exports and imports significant volumes of goods to and from the EU and elsewhere. The legal team has been working with colleagues on minimising the impact of customs’ regulatory checks and changes and supporting over 800 EU nationals currently employed by Nestlé in the UK. The deal reached at the end of 2020 has provided greater clarity but we continue to monitor the effect of any divergence in UK and EU regulations.

In what ways do you see the in-house legal role evolving over the next few years?

In-house legal teams will increasingly look to ensure companies do not just what is legal but what is right. Companies face an increasing array of regulations which if breached can lead to corporate scandals that hurt a company’s reputation and cause lasting damage. There is therefore a huge opportunity for GCs with a compliance role to help shape the business agenda and add value by putting compliance at the centre of the company’s strategy. Doing so helps to ensure that an organisation operates within the law and stays true to its ethical principles that are important to its business and identity. At Nestlé over the last few years, our compliance program has focused on encouraging leadership behaviours which support a culture of openness and transparency where employees are willing to speak up and challenge. We have done this through a number of different initiatives focusing on positive storytelling, feedback and recognition. One initiative which has been very successful is the annual ‘Respect’ Awards programs which allows employees to nominate colleagues who exhibit Nestlé’s values of respect for ourselves, others, diversity and inclusion and the planet. The winners are announced every January and their stories are shared with much fanfare throughout the company. This has not only been a big success for our ethics and compliance program but has also had a very positive effect on employee engagement.

There is an increasing realisation that unless we all change the way we do things the planet faces an existential threat. In-house legal teams will find themselves increasingly involved in ESG initiatives. Nestlé believes that it can only be successful in the long term by creating value for both shareholders and society as a whole. We aim to be a Force for Good by focusing on three interconnected impact areas: individuals and families who place their trust in our products and brands; the communities where we operate; and the planet where we strive for zero environmental impact in our operations. Nestlé has announced that we will halve our greenhouse gas emissions by 2030 and reach net zero by 2050 even as our company grows. To achieve this we are tackling emissions across our business and supply chain. We are supporting farmers and suppliers to advance regenerative agriculture, planting 20 million trees every year for the next ten years and completing our transition to 100% renewable electricity by 2025. Additionally, we are increasing the number of carbon-neutral brands.

The legal team has been involved in a number of initiatives in the UK & Ireland. A joint venture called PODBACK recently announced by Nestlé and JDE which is aimed at providing consumers with solutions to easily recycle used Nespresso and Nescafé Dolce Gusto coffee pods. The legal team has been heavily involved in the creation of the joint venture which brings the entire coffee industry together including retailers and local authorities and other recycling service partners. Also, supporting regenerative agriculture initiatives to take carbon out of the atmosphere and return it to the soil. Currently, nearly two-thirds of Nestlé’s carbon emissions are linked to agricultural production and so in the UK we have been supporting the Landscape Enterprise Networks (LENS) which is a collaborative model aimed at promoting regenerative agriculture. Lastly, entering into electricity supply partnerships with windfarms which mean that 100% of Nestlé’s electricity needs come from wind power.

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