Anti Bribery Policy

 

POLICY STATEMENT

It is the Company’s policy to conduct its business in an honest and ethical manner. The Company takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all of its business dealings and relationships and in implementing and enforcing effective systems to counter bribery.
The Company will uphold all laws relevant to countering bribery and corruption wherever it operate. However, the Company remains bound by the laws of the UK, including the Bribery Act 2010, in respect of its conduct.

The purpose of this policy is to:

  • set out the Company’s responsibilities, and of those working for the Company, in observing and upholding the Company’s position on bribery and corruption; and
  • provide information and guidance to those working for the Company on how to recognise and deal with bribery and corruption issues.

 
Bribery and corruption are punishable for individuals by up to ten years' imprisonment and if the Company is found to have taken part in corruption the Company could face an unlimited fine, be excluded from tendering for public contracts and face damage to the Company’s reputation. The Company therefore takes its legal responsibilities very seriously.
In this policy, "third party" means any individual or organisation you come into contact with during the course of your work for the Company, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.

WHO IS COVERED BY THE POLICY?

This policy applies to all individuals working at all levels and grades, including Partners, senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with the Company, or any of the Company’s subsidiaries or their employees, wherever located (collectively referred to as "workers" in this policy).

WHAT IS BRIBERY?

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
 
Examples:
Offering a bribe

You offer a potential client tickets to a major sporting event, but only if they agree to do business with the Company. This would be an offence as you are making the offer to gain a commercial and contractual advantage. The Company may also be found to have committed an offence because the offer has been made to obtain business for the Company. It may also be an offence for the potential client to accept your offer.

Receiving a bribe
A supplier gives your nephew a job, but makes it clear that in return they expect you to use your influence in the Company to ensure the Company continues to do business with them. It is an offence for a supplier to make such an offer.  It would be an offence for you to accept the offer as you would be doing so to gain a personal advantage.

GIFTS AND HOSPITALITY

This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.
You are prohibited from accepting a gift from or giving a gift to a third party without the prior approval of the anti-bribery compliance officer from time to time (“Anti-Bribery Compliance Officer”).

WHAT IS NOT ACCEPTABLE?

It is not acceptable for you (or someone on your behalf) to:

  • give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
  • give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to "facilitate" or expedite a routine procedure;
  • accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;
  • accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by the Company in return;
  • threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
  • engage in any activity that might lead to a breach of this policy.

DONATIONS

The Company only makes charitable donations that are legal and ethical under local laws and practices. No donation must be offered or made without the prior approval of the Anti-Bribery Compliance Officer.

YOUR RESPONSIBILITIES

You must ensure that you read, understand and comply with this policy.
The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for the Company or under the Company’s control. All workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.
You must notify the Anti-Bribery Compliance Officer as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future.  For example, if a client or potential client offers you something to gain a business advantage with the Company, or indicates to you that a gift or payment is required to secure their business. Further "red flags" that may indicate bribery or corruption are set out in Schedule 1.
Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. The Company reserves the right to terminate its contractual relationship with other workers if they breach this policy.

RECORD KEEPING

The Company must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.
You must declare and give to the Anti-Bribery Compliance Officer a written record (in the form set out in Schedule 2) of all hospitality or gifts accepted or offered, which will be subject to managerial review.
You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with the normal expenses rules and also specifically record (in the form set out in Schedule 2) the reason for the expenditure.
All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept "off-book" to facilitate or conceal improper payments.

HOW TO RAISE A CONCERN

You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with the Anti-Bribery Compliance Officer.  Concerns should be reported by following the procedure set out in the Company’s Whistleblowing Policy.

WHAT TO DO IF YOU ARE A VICTIM OF BRIBERY OR CORRUPTION

It is important that you tell the Anti-Bribery Compliance Officer as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.

Protection

Workers who refuse to accept or offer a bribe, or those who raise concerns or report another's wrongdoing, are sometimes worried about possible repercussions. The Company aims to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
The Company is committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the compliance manager immediately. If the matter is not remedied, and you are an employee, you should raise it formally using the grievance procedure.

SCHEDULE 1 - POTENTIAL RISK SCENARIOS “RED FLAGS”

The following is a list of possible red flags that may arise and which may raise concerns under various anti-bribery and anti-corruption laws. The list is not intended to be exhaustive and is for illustrative purposes only.
If you encounter any of these red flags, you must report them promptly to the Anti-Bribery Compliance Officer or using the procedure set out in the whistleblowing policy:

  • you become aware that a third party engages in, or has been accused of engaging in, improper business practices;
  • you learn that a third party has a reputation for paying bribes, or requiring that bribes are paid to them;
  • a third party insists on receiving a commission or fee payment before committing to sign up to a contract with the Company, or carrying out a government function or process for the Company;
  • a third party requests payment in cash and/or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made;
  • a third party requests that payment is made to a country or geographic location different from where the third party resides or conducts business;
  • a third party requests an unexpected additional fee or commission to "facilitate" a service;
  • a third party demands lavish entertainment or gifts before commencing or continuing contractual negotiations or provision of services;
  • a third party requests that a payment is made to "overlook" potential legal violations;
  • a third party requests that you provide employment or some other advantage to a friend or relative;
  • you receive an invoice from a third party that appears to be non-standard or customised;
  • a third party insists on the use of side letters or refuses to put terms agreed in writing;
  • you notice that the Company has been invoiced for a commission or fee payment that appears large given the service stated to have been provided;
  • you are offered an unusually generous gift or offered lavish hospitality by a third party.