What does this anti-bribery and anti-corruption policy cover?
This anti-bribery and anti-corruption policy exists to set out the responsibilities of Tess Linton VA and those who work for us in regards to observing and upholding our zero-tolerance position on bribery and corruption.
It also exists as a source of information and guidance for those working for and with Tess Linton VA, to hep them recognisee and deal with bribery and corruption issues, as well as understand their responsibilities.
Tess Linton VA is committed to conducting business in an ethical and honest manner, and is committed to implementing and enforcing systems that ensure bribery is prevented.
Tess Linton VA will constantly uphold all laws related to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of the United Kingdom, including the Bribery Act 2010, in regards to our conduct both at home and abroad.
Tess Linton VA recognises that bribery and corruption are pubishable by up to ten years of imprisonment and a fine. If Tess Linton VA is discovered to have part in corrupt activities, we may be subject to an unlimited fine, be excluded from tendering public contracts, and face serious damage to our business. It is with this in mind that Tess Linton VA committs to prevetnting bribery and corruption in business, and to take legal responsibilities seriously.
Who is covered by the policy?
This policy applies to any person associated with Tess Linton VA, which includes by is not limited to: all employees regardless of contract, agency or temporary staff, trainees, volunteers, clients, subsidiaries or their employees. This policy covers all third parties connected with Tess Linton VA which includes but is not limited to: actual and potential clients, customers, suppliers, distributers, agents, advisers, government and public bodies.
This anti-bribery and anti-corruption policy applies within or outside of the UK.
Definition of bribery
For the purposes of this anti-briebery and anti-corruption policy, Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision. A bribe refers to any inducement, reward, or object/item of value offered to another individual in order to gain commercial, contractual, regulatory, or personal advantage. Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.
Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s compliance manager.
Gifts and hospitality
Tess Linton VA accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:
- It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
- It is not made with the suggestion that a return favour is expected.
- It is in compliance with local law.
- It is given in the name of the company, not in an individual’s name.
- It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).
- It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank you to a company for helping with a large project upon completion).
- It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
- It is given/received openly, not secretly.
- It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
- It is not above a certain excessive value, as pre-determined by the company’s compliance manager (in excess of £50).
- It is not offer to, or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s compliance manager.
Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to the compliance manager, who will assess the circumstances.
Tess Linton VA recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.
As good practice, gifts given and received should always be disclosed. Gifts from suppliers should always be disclosed. The intention behind a gift being given/received should always be considered. If there is any uncertainty, further advice should be sought.
Facilitation payments and kickbacks
Tess Linton VA does not accept and will not make any form of facilitation payments of any nature. Tess Linton VA recognises that facilitation payments are a form of bribery. Tess Linton VA does not allow any kickbacks to be made or accepted, and recognises that kickbacks are typically made in exchange for a business favour or advantage.
Tess Linton VA will not make donations, in cash, in kind or by any other means, to support any political parties of candidates. Tess Linton VA recognises that this may be perceived as an attempt to gain an improper business advantage.
Tess Linton VA accepts and encourages the act of donating to charities – whether through services, knowledge, time or direct financial contributions (cash or otherwise), and agrees to disclose all charitable contributions it makes. Tess Linton VA will ensure that all charitable donations made are legal and ethical under local laws and practices.
Tess Linton VA will keep detailed and accurate financial records, and will have appropriate internal controls in place to act as evidence for all payments made or recieved. Tess Linton VA will declare and keep a written records of any gifts of hospital received, including value and reason.
Monitoring and Reviewing
Tess Linton is responsible for monitoring the effectiveness of this anti-bribery and anti-corruption policy, and will review the implementation of it on a regular basis. They will assess its suitability, adequacy and effectiveness. This policy may be amended at any time to improve its effectiveness at combatting bribery and corruption.
If you have any queries about this policy please get in touch.