Appendix 6
Bribery Act 2010
Bribery: A bribe is defined under the Act as a financial or other advantage offered, promised or given to induce a person to perform a relevant function or activity improperly, or to reward them for doing so.
Penalties: The Act makes it a criminal offence to:
- Offer, promise or give a bribe
- Request, agree to receive or accept a bribe
- Bribe a foreign public official to obtain or retain business
- (by an organisation) fail to prevent bribery by those acting on its behalf (‘associated persons’)
The definition includes small payments made to government officials or others to make something happen sooner, (known as facilitation payments). Individuals can be prosecuted for accepting bribes or offering bribes. In addition, the Charity can be prosecuted for failing to prevent bribery committed to obtain or retain business or a business advantage for the Charity by an employee or other individual or organisation performing services for the Charity.
Charity Policy
The Charity is committed to the prevention of bribery and will not tolerate bribery or other improper conduct, both inside the United Kingdom and abroad, by employees or other individuals or organisations who perform services for or on behalf of the Charity. The Charity is committed to the highest standards of openness, probity and accountability. It seeks to conduct its affairs in a responsible manner. We are committed to zero tolerance of such activity within this organisation and will take all steps to ensure that all staff are aware of the Charity’s expectations of them. We will also ensure that all managers are properly informed and trained to assist staff in this regard.
Code of Conduct
Purpose and Scope
The Code of Conduct applies to all employees and workers including temporary and agency workers.
The guiding principles to be followed at all times by employees must be:
- that conduct should not create suspicion of any conflict between their official duty and their private interest;
- that actions must not be influenced by a benefit (eg a gift or hospitality) offered or received to show favour or disfavour to any person or organisation, or give the impression to any organisation with whom they deal, or to their colleagues that they have been (or may have been) influenced by a benefit offered or received to show favour or disfavour to any person or organisation;
- their actions must not induce or reward someone to perform a role or function improperly.
Responsibilities of Employees
Employees should not accept any gifts, rewards or hospitality (or have them given to members of their families) from any organisation or individual with whom they have contact in the course of their work that would cause them to reach a position whereby they might be, or might be deemed by others to have been, influenced in making a business decision as a consequence of accepting the gift or hospitality.
While there is no requirement to report one-off token gifts (of a value up to £20), employees should seek advice from their line manager if:
- they are offered or receive gifts of higher value; or
- they receive a succession of small gifts within a short period of time; or
- otherwise have any concern that there is an intention to influence them to change their behaviour or act improperly.
In such circumstances, the employee should record the offer and/or acceptance of the gift promptly in writing to their Manager/CEO.
Where hospitality is offered, the frequency and scale of hospitality accepted should not generally be significantly greater than the Charity would be likely to provide in return. If the frequency or scale of hospitality offered or provided is such that the employee has any concern that there is an intention to influence them to change their behaviour or act improperly, they should seek advice from their line manager and record the offer and/or acceptance of the gift promptly in writing to their Manager/CEO.
The tests to be applied are:
- whether in all the circumstances - recognising (where appropriate) cultural expectations and accepted standards within the sector in which the Charity operates - the gift or hospitality is reasonable and justifiable; and
- what is the intention behind the gift. When it is not easy to decide between what is and what is not acceptable in terms of gifts or hospitality, advice sought from the employee’s line manager.
Depending on the circumstances, the appropriate action may be to:
- accept and keep the gift or hospitality;
- accept the gift but raffle it among colleagues and donate the money to charity;
- accept the gift but share it with colleagues;
- politely decline the gift or hospitality;
- make clear to the donor that the recipient of the gift will not be involved in decision making relating to business relations between the Charity and the donor.
The prevention, detection and reporting of bribery and other forms of corruption and improper conduct are the responsibility of all employees. All individuals covered by this Code of Conduct are required to avoid any activity that might lead to, or suggest, a breach of this Code of Conduct.
Employees have a responsibility to the Charity to report to their manager/CEO any concerns they may have about possible breaches of this Code of Conduct, including potential improper conduct by individuals or organisations outside the Charity (for example, potential suppliers, customers or clients). Employees who breach this Code of Conduct are liable for disciplinary action which may lead to their dismissal. Reporting of Concerns or Incidents of Bribery or Improper Conduct All staff have a responsibility to report to their Manager/CEO any concerns they may have about potential improper conduct by employees or by individuals or organisations outside the Charity (for example, potential suppliers, donors or students). The Manager should report any concerns or incidents of bribery or improper conduct immediately to the CEO who will determine what action should be taken in response.
Monitoring
The Charity will monitor the application of this Code of Conduct, Policy and Procedure to ensure the Charity's compliance with the Bribery Act.