Introduction

Bribery is a form of corruption that involves giving or receiving something valuable to influence or alter the action of someone in power. A bribe can be in the form of money but also includes anything that the recipient could find valuable such as vehicles, discounts, donations, promises or personal favours. A typical example is an employee bribing a client to win a contract.

The aim of this policy is to clarify that we have a zero-tolerance approach to bribery and to set out a clear framework, as we expect our employees to act ethically and honestly at all times. We are transparent about this process to ensure everyone is treated in a fair, consistent and respectful way.

Any breach of this policy is likely to constitute a serious disciplinary, contractual and criminal matter for the individual concerned and may cause serious damage to our reputation and standing.

The name of our Compliance Officer is: Richard Gilder

We reserve the right to amend this non-contractual policy and procedure, from time to time, for various reasons relating to business needs or to reflect legal developments.

Scope

This policy applies to all employees, as well as temporary workers, consultants, contractors, agents and subsidiaries acting for, or on behalf of, our organisation (“associated persons”) within the UK and overseas.

What constitutes Bribery?

Our organisation is committed to complying with the Bribery Act 2010 in its business activities in the UK and overseas.

A bribe is a financial or other type of advantage that is offered or requested with the intention of inducing or rewarding improper performance of a function or activity; or knowledge or belief that accepting such a reward would constitute the improper performance of such a function or activity.

A relevant function or activity includes public, state or business activities or any activity performed in the course of a person’s employment, or on behalf of another organisation or individual, where the person performing that activity is expected to perform it in good faith, impartially, or in accordance with a position of trust.

Employees or associated persons are prohibited from offering, promising, giving, soliciting or accepting any bribe. The bribe might be cash, a gift or other inducement to, or from, any person or organisation, whether a public or government official, official of a state-controlled industry, political party or a private person or organisation, regardless of whether the employee or associated person is situated in the UK or overseas.

The bribe might be made to ensure that a person or organisation improperly performs duties or functions (for example, by not acting impartially or in good faith or in accordance with their position of trust) to gain a:

• Commercial, contractual or regulatory advantage for our organisation in either obtaining or maintaining organisation business, or
• personal advantage, financial or otherwise, for the individual or anyone connected with the individual.

This prohibition also applies to indirect contributions, payments or gifts made in any manner as an inducement or reward for improper performance, for example through consultants, contractors or subcontractors, agents or sub-agents, sponsors or sub-sponsors, joint-venture partners, advisors, customers, suppliers or other third parties.

What constitutes Criminal Activity

A criminal offence will be committed if:

• An employee or associated person acting for, or on behalf of, our organisation offers, promises, gives, requests, receives or agrees to receive bribes; or
• An employee or associated person acting for, or on behalf of, our organisation offers, promises or gives a bribe to a foreign public official with the intention of influencing that official in the performance of their duties (where local law does not permit or require such influence); and
• Our organisation does not have the defence that it has adequate procedures in place to prevent bribery by its employees or associated persons.

In this situation, the police will be notified and any other organisation as deemed necessary.

The Importance of Record Keeping

Record Keeping is important for our defence, in the event you or any colleagues or the organisation is accused of bribery or corruption.

Employees and, where applicable, associated persons, are required to take particular care to ensure that all records are accurately maintained in relation to any contracts or business activities, including financial invoices and all payment transactions with clients, suppliers and public officials.

Due diligence should be undertaken by employees and associated persons prior to entering into any contract, arrangement or relationship with a potential supplier of services, agent, consultant or representative in accordance with our procurement and risk management procedures.

Employees and associated persons are required to keep accurate, detailed and up-to-date records of all corporate hospitality, entertainment or gifts accepted or offered.

Staff Training

 

Our organisation will regularly communicate its anti-bribery measures to employees and associated persons. We will set up training sessions where applicable.

Facilitation payments to Government Officials

A facilitation payment is a type of bribe. These are payments made to government officials for carrying out or speeding up routine procedures. A common example is where a government official is given money or goods to perform (or speed up the performance of) an existing duty.

Facilitation payments, or offers of such payments, will constitute a criminal offence by both the individual concerned and our organisation, even where such payments are made or requested overseas.

All employees or associated persons are prohibited from making or accepting any facilitation payments.

Employees and associated persons are required to act with greater vigilance when dealing with government procedures overseas.

Where a public official has requested a payment, employees or associated persons should ask for further details of the purpose and nature of the payment in writing. If the public official refuses to give these, this should be reported immediately to the Compliance Officer.

If the public official provides written details, the Compliance Officer will consider the nature of the payment. If it is concluded that the payment is a legitimate fee, for example part of a genuine fast-track process, or is permitted locally, our organisation will authorise the employee to make the payment.

Where the Compliance Officer considers that the request is for a facilitation payment, the employee or associated person will be instructed to refuse to make the payment and notify the public official that the employee or associated person is required to report the matter to our organisation and the UK embassy.

We will seek the assistance of the relevant employee in its investigation and may determine that the matter should be referred to the prosecution authorities.

If an employee or associated person has any other concerns about the nature of a request for payment, they should report it to the Compliance Officer using the reporting procedure set out in this policy and in accordance with our whistleblowing policy.

Corporate Entertainment, Gifts & Hospitality

Our organisation permits corporate entertainment, gifts, hospitality and promotional expenditure that is undertaken for the purpose of establishing or maintaining good business relationships; to improve the image and reputation of our organisation; or to generate future sales. Please see the Expenses Policy for further details. 

We will authorise only reasonable, appropriate and proportionate entertainment and promotional expenditure.

We will approve business entertainment proposals only if they demonstrate a clear business objective and are appropriate for the nature of the business relationship. We will not approve business entertainment where it considers that a bribe or conflict of interest may arise or where it could be perceived that undue influence or a particular business benefit was being sought (for example prior to a tendering exercise).

Any gifts, rewards or entertainment received or offered from clients, public officials, suppliers or other business contacts should be reported immediately to the Compliance Officer. In certain circumstances, it may not be appropriate to retain such gifts or be provided with the entertainment and employees and associated persons may be asked to return the gifts to the sender or refuse the entertainment, for example where there could be a real or perceived conflict of interest.

As a general rule, small tokens of appreciation, such as flowers or a bottle of wine, may be retained by employees.

If an employee or associated person wishes to provide gifts to suppliers, clients or other business contacts, prior written approval from your line manager is required, together with details of the intended recipients, reasons for the gift and business objective. These will be authorised only in limited circumstances [and will be subject to a cap of £50 per recipient.

Employees and, where applicable, associated persons must supply records and receipts, in accordance with our expenses policy.

Charitable and Political Donations

Our organisation considers that charitable giving can form part of its wider commitment and responsibility to the community. We may also support fundraising events involving employees.

Any such donations must be proportionate, reasonable and made in good faith. Clear records must be kept.

How to Report a Suspected Bribery

Our organisation depends on all staff members to ensure that the highest standards of ethical conduct are maintained in all its business dealings. You are requested to remain vigilant in preventing, detecting and reporting bribery.

Issues that should be reported include any suspected or actual attempts at bribery; concerns that other employees or associated persons may be being bribed; or concerns that other employees or associated persons may be bribing third parties, such as clients or government officials.

Any such reports will be thoroughly and promptly investigated in the strictest confidence. Employees and associated persons will be required to assist in any investigation into possible or suspected bribery.

 

Protection for Employees reporting bribery or corruption

Employees or associated persons who report instances of bribery in good faith will be supported. We will ensure that the individual is not subjected to detrimental treatment as a consequence of their report.

Any instances of detrimental treatment by a fellow employee because an employee has made a report will be treated as a disciplinary offence. An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. They should report the matter to the Compliance Officer.

When an individual reports suspected instances of bribery, we will process any personal data collected in accordance with our data protection policy. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the report of bribery.

Consequences of Bribery

We will fully investigate any instances of alleged or suspected bribery. Employees suspected of bribery may be suspended from their duties while the investigation is being carried out.

We will invoke its disciplinary procedures where any employee is suspected of bribery, and proven allegations may result in a finding of gross misconduct and immediate dismissal, without notice.

We may terminate the contracts of any associated persons, including consultants or other workers who act for, or on behalf of, our organisation who are found to have breached this policy.

We may also report any matter to the relevant authorities, including the Serious Fraud Office and the police where appropriate.

Maintaining this policy

We will monitor and review the implementation of this policy and related procedures on a regular basis, including reviews of internal financial systems, expenses, corporate hospitality, gifts and entertainment policies. We will conduct risk assessments for each of its key business activities on a regular basis and, where relevant, we will update this policy to mitigate risk and prevent illegal activity.

Employees and those working for, or on behalf of, our organisation are encouraged to contact the Compliance Officer with any suggestions, comments or feedback that they may have on how these procedures may be improved.