We take the legal obligations under the Bribery Act 2010 extremely seriously and will do all that it reasonably can to ensure the business is always conducted in accordance with the law and it is expected that all staff and other associates demonstrate a similar commitment regardless of seniority or site. It also extends to anyone working for or on our behalf e.g., those engaged by us on a self-employed basis or an agency arrangement.
We will encourage the application of this policy where our business involves the use of third parties e.g., Franchisee’s, suppliers; contractors.
All employees are expected to carry out their duties honestly and to act with integrity in their dealings on behalf of the Company. Every employee is an ambassador for the Employer and the way they behave can affect the reputation of the Company both positively and negatively.
It is prohibited, directly or indirectly, to offer, give, request, or accept any bribe i.e., gift, loan, payment, reward, or advantage, either in cash or any other form of inducement, to or from any person or Company in order to gain commercial, contractual or regulatory advantage for us, or in order to gain any personal advantage for an individual or anyone connected with the individual in an unethical way.
It is also prohibited to act in the above manner to influence an individual in this capacity as a foreign public official. You should not make a payment to a third party on behalf of a foreign public official.
If you are offered a bribe or solicited from an employee, you should not agree to it unless your immediate safety is in jeopardy. You should immediately contact your line manager so that action can be taken if considered necessary. You may be asked to give a written account of events.
If you are working on our behalf, suspect that an act of bribery, or attempted bribery, has taken place, even if you are not personally involved, you are expected to report this to your line manager. You may be asked to give a written account of events.
Appropriate checks will be made before engaging with suppliers or other third parties of any kind to reduce the risk of the Company’s business partners breaching the anti-bribery rules.
We will ensure that all our transactions, including any sponsorship or donations given to charity, are made transparently and legitimately.
We will uphold laws relating to bribery and will take disciplinary action against any employee, or other relevant action against persons working on our behalf or in connection with us, should we find that an act of bribery, or attempted bribery, has taken place. This action may result in the employee’s dismissal if the individual is an employee, or the cessation of its arrangement with the person if the individual is self-employed, an agency worker, contractor etc.
We take any actual or suspected breach of this policy extremely seriously and will carry out a thorough investigation should any instances arise. All our employees are reminded of the Company’s Whistleblowing Policy, which is available in this Employee Handbook.
- The Bribery Act 2010
The Company is committed to ensuring that the business is carried out transparently, honestly and fairly. This includes making sure that our workforce observes the highest standards of integrity and ethics in carrying out their duties on behalf of the Employer. Whatever an individual’s motive, dishonesty of any sort, including bribery, is never acceptable.
In addition, under the Bribery Act 2010 (the “Act”), bribery is a criminal offence.
Employees (and others) need to be aware that they can also incur personal liability for their actions under the Act. It is a criminal offence under the Act to:
- offer, promise or give financial or non-financial advantage (“giving a bribe”),
- request or agree to take or accept a bribe (“taking a bribe”); and
- to bribe a foreign public official.
In addition, an organisation can be guilty of the offence of failing to prevent bribery carried out on its behalf.
Giving a bribe involves offering, promising or giving a financial (or other) advantage to another person (either directly or indirectly) which is intended to induce them to perform a function or activity improperly or to reward them for having done so.
Taking a bribe involves asking for, agreeing to receive or receiving (whether directly or indirectly) a financial (or other) advantage intending that as a result a person will perform a function or activity improperly or, as a reward for having already done so.
A criminal offence can be committed regardless of whether the bribe is given or accepted in the UK or abroad. The maximum penalty is 10 years’ imprisonment and an unlimited fine.
The Company is under a legal duty to prevent bribery by those working on its behalf and will take all reasonable steps to do so including putting in place adequate procedures to prevent bribery.
- Zero tolerance
The Company has a “zero tolerance” approach to bribery and corruption. Any breach of this policy by an employee (or other worker or representative) will be regarded as an act of gross misconduct (or a fundamental breach of contract) entitling us to dismiss (or terminate) immediately without notice or payment in lieu of notice.
Corruption is the misuse of office or power for private gain. Bribery is a form of corruption which means during business hours giving or receiving money, acceptance of gifts, meals, entertainment, or anything else of value as an inducement to a person to do something which is dishonest or illegal.
- Reporting
Employees (and others) are under a continuing duty to raise any issues or concerns they may have regarding suspected bribery or corruption or other suspicious activity in a timely manner through the appropriate channels. Please refer to the “whistleblowing” policy in this Employee Handbook. No employee will suffer any detriment as a result of raising any concerns in good faith.
Where an employee is in any doubt as to the way they should proceed in any given situation they should seek immediate guidance from their Line Manager.
Employees who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. We aim 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.
We are 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 HR Department immediately. If the matter is not remedied, and you are an employee, you should raise it formally using the Company’s Grievance Procedure.
- Zero tolerance
The Company has a “zero tolerance” approach to bribery and corruption. Any breach of this policy by an employee (or other worker or representative) will be regarded as an act of gross misconduct (or a fundamental breach of contract) entitling us to dismiss (or terminate) immediately without notice or payment in lieu of notice.
Our zero-tolerance approach to bribery and corruption should be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate thereafter.
