Table of Contents

• Introduction
• The Bribery Act 2010
• Overview
• Charity Bribery Prevention Policy
• Receiving gifts
• Receiving hospitality
• Offering gifts or hospitality
• Gifts and hospitality register

 

Introduction

Organisations should always strive to portray themselves as exemplary in all dealings with associated companies, potential and existing clients, contractors, suppliers and other external organisations.

The general public and other external organisations rightly expect that staff will, at all times, conduct themselves with integrity, impartiality and honesty.

Staff should always maintain the highest standards of propriety and professionalism, and must avoid leaving themselves exposed to opportunity or suspicion of improper acts or compromised situations of a financial nature or receipt of extravagant hospitality.

Above all, staff should never put themselves in a position of conflict between their official duties and private interest.

Staff should be aware that gifts offered by colleagues, potential and existing clients, contractors, suppliers and other external organisations might place an employee in a position of compromise. Even when offered, and accepted in innocence; others may misconstrue the intention behind such gifts.

Some members of staff in the organisation, necessarily in the course of their duties, may spend time with other organisations where it is normal business practice or social convention to offer gifts, hospitality or awards.

Offers of this kind can place staff in a difficult position - to refuse may cause misunderstanding or offence; however to accept may give rise to questions of impropriety or conflict of interest.

In addition to the receipt of gifts or hospitality, staff members must never leave themselves in a position that they could have the opportunity of, or be suspected of, offering bribes or inducements to other individuals or organisations for the request and / or receipt of special services, treatment or favours from individuals in associated or external organisations.

All staff should note that under no circumstances should they borrow money from, or lend money to any potential and existing client, contractor, supplier or other external organisation.

The Charity will follow the principles and guidance of the Bribery Act 2010 when considering its conduct in relation to the above situations.

If you are offered a gift or hospitality by a colleague, potential or existing client, contractor, supplier or other person, or are thinking of offering the same to another person or organisation in the course of your duties and you are unsure whether this is appropriate: please contact your line manager for advice.

 

The Bribery Act 2010

Overview

This new Act, which came into force on 1st July 2011, has been created to reform the law of bribery to provide for a new consolidated scheme of bribery offences.

Each organisation and its staff must comply with the law in relation to this Act when offering or accepting a gift or hospitality from colleagues, contractors, suppliers, and other external organisations.

There are a number of offences that have been created under the new Act, but the following three that have particular relevance:

Offering, promising or giving a bribe to another person – Section 1;

Requesting or agreeing to receive or accepting a bribe – Section 2;

Failure of a commercial organisation to prevent bribery – Section 7 (Corporate Offence).

Unless an organisation has adequate procedures in place to deter acts of bribery, its senior management could also be liable to be prosecuted, as well as the individual(s) concerned.

Under the Act, a person found guilty can receive a maximum sentence of 10 years and / or an unlimited fine.

 

Charity Bribery Prevention Policy

Receiving Gifts

Definition of a gift: A 'gift' is any item of cash or goods which is provided for personal benefit at less than its commercial value.

• Staff should not accept any gift, reward or hospitality from any organisation or individual with whom they have contact in the course of their work as an inducement for either doing something or not doing something in their official capacity (it is particularly important to take care about any gift received from a person or organisation that has, or is hoping to have, a contract with the Charity);
• Staff members may accept modest gifts, either themselves or on behalf of the Charity (eg chocolates or flowers) without reference to the line manager, as refusal could cause offence.
  The recipient of unsolicited gifts of a substantial nature from colleagues, potential and existing clients, contractors, suppliers, and other external organisations should consult their line manager on the matter (who will, in turn, discuss the matter with a Director who will be the final arbiter on the advisability of accepting or refusing such gifts);
• Larger gifts should remain the property of the Charity. Exceptionally, if the Director(s) consider that it is not possible to use a gift to support the Charity’s work, retention of the gift by the individual may be authorised by the Director(s).
  In permitting the retention of the gift, the Charity may recommend the recipient make a cash bequest to the Charity, with entry of this bequest in the Gifts and Hospitality Register.
• Staff must record any gifts accepted in the Gifts and Hospitality Register maintained by the Business Support Manager. Any queries about the contents of the register should be directed to their line manager.

Receiving Hospitality

Definition of hospitality: ‘Hospitality’ is food, drink, entertainment or other services provided for personal benefit at less than their commercial value.

There is an acceptance that a member of staff may sometimes receive conventional hospitality. This may also include a member of staff attending, in an official capacity, a social event organised by another body for promotional or influential purpose.

In general, it may be necessary to decline offers of hospitality exceeding the norm of conventional hospitality.

The following forms of hospitality, in particular, should be avoided:

• Inducements that could lead to a contractual position between the Charity and a supplier, contractor or consultant;
• Substantial offers of social functions, travel or accommodation;
• Repeated acceptance of meals, tickets and invitations to sporting, cultural or social events, particularly from the same source;
• Particular care should be taken when offered any form of hospitality or gift from a person or organisation that has, or is hoping to have, a contractual relationship with the Charity.

If staff have any doubt about whether to accept hospitality offered they should refer the matter to their line manager (who will, in turn, discuss the matter with a Director who will be the final arbiter on the advisability of accepting or refusing such gifts);

If, as an exception, the line manager agrees that there are circumstances that justify exceeding the normal level of hospitality, there will be a record made in the Gifts and Hospitality Register.

Offering Gifts or Hospitality

Occasionally, there are circumstances where the Charity may feel it appropriate to offer a gift or hospitality to an individual or external organisation.

Where this occurs, a Director must authorise this, and it should be made clear that there is no element of inducement involved, and that a reciprocal gift should not be offered by the individual or Charity, nor accepted by the Charity.

Any offer or acceptance of a gift or hospitality over-and-above what would be considered as ‘modest’ should be recorded on the Charity’s Gifts and Hospitality Register.

If you are thinking of offering a gift or hospitality to another person or organisation in the course of your duties and you are unsure whether this is appropriate: please contact the Director of People for advice.

Gifts and Hospitality Register

In the interests of openness and integrity, the Director of People will be responsible for maintaining a Gifts and Hospitality Register of gifts and hospitality, offered or received, as a record of instances regarded as exceptional.

The purpose of the Register is to protect individual members of staff, and the Charity from accusations of impropriety.

The guiding principles are:

• The conduct of a staff member should not create suspicion of any conflict of interest between official duty and private interest;
• The action of staff members should not give the impression to members of the public or any organisation with whom they deal, or to their colleagues, that they actually have, or may have been influenced, with a benefit received in order to show favour or disfavour to any person or organisation. (Contrastingly, this should also apply should a benefit be offered by a member of staff at the Charity to any other individual).

It is a disciplinary offence for a member of staff to accept any benefit as an inducement or reward that leads them in an official capacity to:

• Take any action, or not to take action; or
• Show favour or disfavour to anyone.

Any disciplinary action will be in accordance with the Charity’s normal disciplinary procedure.

If you are offered a gift or hospitality by a colleague, potential or existing client, contractor, supplier or other person, or are thinking of offering the same to another person or organisation in the course of your duties and you are unsure whether this is appropriate, please contact the Director of People or Business Support Manager for advice.