Anti-Bribery and Corruption Policy
1. Anti-Bribery and Corruption Policy
2. Policy Statement
3. Who is Covered by the Policy?
4. Definition of Bribery
5. What is and what is NOT acceptable
5.1…. Gifts and Hospitality
5.2…. Facilitation Payments and Kickbacks
5.3… Political Contributions
5.4… Charitable Contributions
6. Employee Responsibilities
7. Guidelines on Raising Concerns
7.1…… How to Raise a Concern
7.2…… What to Do if you are a victim
8. Training and Communication
9. Record Keeping
10. Monitoring and Reviewing
This sets out the responsibilities of GOOD ADVICE UK and those who work with us in regard to observing and upholding our zero-tolerance position on bribery and corruption.
It also exists to act as a source of information and guidance for those working for GOOD ADVICE UK. It helps them recognise and deal with bribery and corruption issues, as well as understand their responsibilities.
Part of our compliance relates to setting up functional systems to prevent corruption and bribery. Henceforth, we have a zero-tolerance policy.
We are a professional entity committed to conducting business honestly, fairly, and ethically. This applies to all our business dealings and relationships, regardless of the jurisdiction.
GOOD ADVICE UK constantly upholds all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the UK’s laws in regard to our in-country and overseas conduct. This unquestionably includes the 2010 Bribery Act.
We recognise that bribery and corruption are punishable by up to ten years of imprisonment and a fine. We also recognise that having taken part in corruption may subject us to:
- An unlimited fine,
- Exclusion from tendering for public contracts, and,
- Suggesting irreparable damage to our public image and reputation.
With these in mind, GOOD ADVICE UK commits to preventing bribery and corruption in our business and takes its legal responsibilities seriously.
This policy applies to all employees, whether they are temporary, fixed-term, or permanent. In addition, consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with GOOD ADVICE UK (including third parties), or any of our subsidiaries or their employees are also subject to this policy’s rules.
Accordingly, the policy is supranational and applies to Officers, Trustees, Board, and/or Committee members at any level.
Third-party or parties refer to any individual or organisation GOOD ADVICE UK contacts and works with. It refers to actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – and their advisors, representatives and officials, politicians, and public parties.
Any arrangements between our company and a third party are subject to clear contractual terms, including specific provisions that require the third party to comply with the minimum standards and procedures relating to anti-bribery and corruption.
Bribery is the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage to induce or influence an action or decision.
A bribe refers to any inducement, reward, or object/item of value offered to gain commercial, contractual, regulatory, or personal advantage. However, its limitation is not constrained by the actions of its offerer. Should an individual on the receiving end accept a bribe, this is also punishable by law.
Consequently, bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively, or through a third party (such as an agent or distributor). They must not accept bribes to any degree or bribe a national or foreign public official. If there is uncertainty regarding whether something is a bribe, a gift or, an act of hospitality, they must seek further advice from their Compliance Manager.
This section of the policy refers to the areas of :
Gifts and hospitality,
Political contributions, and
5.1 Gifts and Hospitality
We accept appropriate gestures of hospitality and goodwill (whether or not they are related to third parties) so long as the giving or receiving of gifts meets the following:
There is no intent to influence the party to whom it is being given, to obtain or reward the retention of a business or a business advantage. Alternatively, the exchange does not intend to lead to favours or benefits.
There is no expectation or suggestion after the fact that a return favour will take place.
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 and/or received openly, not in secret.
It is not selectively given to a key, influential person, clearly with the direct intent to influence.
It is not above a certain excessive value, as pre-determined by the company’s Compliance Manager (usually in excess of £100).
It is not offered to, or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s Compliance Manager.
Occasionally, it is appropriate to accept the offer of a gift from an individual of a certain religious or cultural background, who may otherwise take offence. The gift may be accepted so long as it is declared to the Compliance Manager, who will assess the circumstances.
GOOD ADVICE UK recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of acceptability will inevitably rely on the circumstances of each instance.
As good practice, gifts given and received should always be disclosed to the Compliance Manager. Gifts from suppliers should always be disclosed.
The intention behind a gift being given/received should always be considered. If there is any uncertainty, the advice of the compliance manager should be sought.
5.2 Facilitation Payments and Kickbacks
GOOD ADVICE UK does not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. We recognise that they tend to be made by low-level officials with the intention of securing or speeding up the performance of a certain duty or action.
GOOD ADVICE UK does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage.
GOOD ADVICE UK recognises that, despite our strict policy on facilitation payments and kickbacks, employees may face a situation where avoiding a facilitation payment or kickback may put their/their family’s personal security at risk. Under these circumstances, the following steps must be taken:
Keep any amount to a minimum.
Ask for a receipt, detailing the amount and reason for the payment.
Create a record concerning the payment.
Report this incident to the Line Manager.
5.3 Political Contributions
GOOD ADVICE UK will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.
5.4 Charitable Contributions
GOOD ADVICE UK accepts (and indeed 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.
Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.
We will ensure that all charitable donations made are legal and ethical under local laws and practices and that donations are not offered/made without the approval of the Compliance Manager.
Employees of GOOD ADVICE UK must ensure that the information contained within this policy, and with any training or other anti-bribery and corruption information given are comprehended, understood, and read.
All employees and those under our control are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery policy.
If there are any reasons to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you the Compliance Manager must be notified.
If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct. GOOD ADVICE UK has the right to terminate a contractual relationship with an employee if they breach this anti-bribery policy.
This section of the policy covers 3 areas:
How to raise a concern.
What to do if you are a victim of bribery or corruption.
7.1 How to raise a concern
If you suspect that there is an instance of bribery or corrupt activities occurring in relation to GOOD ADVICE UK, you are encouraged to raise your concerns at as early a stage as possible. If you are uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to your Line Manager, the Compliance Manager, the Director, or the Head of Governance and Legal. GOOD ADVICE UK will familiarise all employees with its whistleblowing procedures so employees can vocalise their concerns swiftly and confidentially.
7.2 What to do if you are a victim of bribery or corruption
You must tell your Compliance Manager as soon as possible if you are:
- Offered a bribe by anyone,
- If you are asked to make one,
- If you suspect that you may be bribed or asked to make a bribe in the near future,
- Or if you have reason to believe that you are a victim of another corrupt activity.
If you refuse to accept or offer a bribe or you report a concern relating to potential act(s) of bribery or corruption, GOOD ADVICE UK understands that you may feel worried about potential repercussions. GOOD ADVICE UK will support anyone who raises concerns in good faith under this policy, even if an investigation finds that they were mistaken.
GOOD ADVICE UK will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribe or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.
Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourable treatment in relation to the concern the individual raised.
If you have reason to believe you have been subject to unjust treatment as a result of a concern or refusal to accept a bribe, the Line Manager or the Compliance Manager should be informed immediately.
GOOD ADVICE UK will provide training on this policy as part of the induction process for all new employees. Employees will also receive regular, relevant training on how to adhere to this policy, and will be asked annually to formally accept that they will comply with this policy.
GOOD ADVICE UK’s anti-bribery and corruption policy and zero-tolerance attitude will be clearly communicated to all suppliers, contractors, business partners, and any third parties at the outset of business relations, and as appropriate thereafter.
GOOD ADVICE UK will provide relevant anti-bribery and corruption training to employees etc. where we feel their knowledge of how to comply with the Bribery Act needs to be enhanced. As good practice, all businesses should provide their employees with anti-bribery training where there is a potential risk of facing bribery or corruption during work activities.
GOOD ADVICE UK will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made. We will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given, and understand that gifts and acts of hospitality are subject to managerial review.
Our Compliance Manager monitors the policy’s effectiveness and reviews its implementation on a regular basis. They also assess its suitability, adequacy, and effectiveness.
Internal control systems and procedures are subject to regular audits to ensure effectiveness and that they prevent bribery and corruption.
Any need for improvements is applied as soon as possible. Employees are encouraged to offer their feedback to the Compliance Manager on this policy if they have any suggestions.
This policy does not form part of an employee’s contract of employment and GOOD ADVICE UK may amend it at any time to improve its effectiveness at combatting bribery and corruption.
GOOD ADVICE UK is registered in England and Wales as a Limited Company By Shares. Our Companies House Registration Number is: 06962398. We are regulated by the Office of the Immigration Services Commissioner (OISC).
GOOD ADVICE UK is also authorised by the Information Commissioner Office in the UK and is a member of major legal organisations operating in the legal and immigration sectors including JCWI and ILPA.