Anti-Bribery and Corruption Policy
Overview
The Bribery Act 2010 (the "Act") was enacted to reform the law of bribery and provide a consolidated scheme of bribery offences.
Keyforge Ltd and its staff must comply with the law in relation to this Act when offering or accepting gifts or hospitality from colleagues, contractors, suppliers and other external organisations.
There are a number of offences created under the Act, but the following three have particular relevance:
Bribing another person (offering, promising or giving a bribe) – Section 1
Being bribed (requesting, 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 be liable to prosecution, as well as the individual(s) concerned.
Under the Act, a person found guilty may receive a maximum sentence of 10 years' imprisonment and/or an unlimited fine.
Bribery Prevention Policy
Receiving Gifts
Definition: A gift is any item of cash or goods 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 doing, or refraining from doing, something in their official capacity. Particular care should be taken regarding any gift received from a person or organisation that has, or is seeking, a contract with Keyforge Ltd.
Staff may accept modest gifts (for example, chocolates or flowers), either personally or on behalf of Keyforge Ltd without reference to their line manager, as refusal could cause offence.
Recipients of unsolicited gifts of a substantial nature from colleagues, potential or existing clients, contractors, suppliers or other external organisations should consult their line manager, who will in turn discuss the matter with a director. The director will be the final arbiter on whether to accept or refuse such gifts.
Larger gifts should remain the property of Keyforge Ltd. Exceptionally, if the director(s) consider that a gift cannot be used to support Keyforge Ltd's work, retention by the individual may be authorised.
Where retention is permitted, Keyforge Ltd may recommend that the recipient make a cash donation to a local charity, keeping a record of this donation.
Alternatively, if the individual does not wish to retain the gift, Keyforge Ltd may arrange for it to be presented to a local charity.
Receiving Hospitality
Definition: Hospitality is food, drink, entertainment or other services provided for personal benefit at less than their commercial value.
It is accepted that staff may sometimes receive conventional hospitality. This may include attending, in an official capacity, a social event organised by another body for promotional or networking purposes.
In general, it may be necessary to decline offers of hospitality that exceed what would be considered conventional.
The following forms of hospitality should be avoided:
Inducements that could lead to a contractual relationship between Keyforge Ltd and a supplier, contractor or consultant
Substantial offers of social functions, travel or accommodation
Repeated acceptance of meals, tickets or 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 seeking, a contractual relationship with Keyforge Ltd.
If staff are in any doubt about whether to accept hospitality, they should refer the matter to their line manager, who will in turn discuss it with a director. The director will be the final arbiter.
If, exceptionally, the line manager agrees that circumstances justify exceeding the normal level of hospitality, a record will be kept.
Offering Gifts or Hospitality
Occasionally, there are circumstances where Keyforge Ltd may consider it appropriate to offer a gift or hospitality to an individual or external organisation.
Where this occurs, a director must authorise it. It should be made clear that there is no element of inducement involved and that no reciprocal gift is expected or will be accepted.
Any offer or acceptance of a gift or hospitality beyond what would be considered modest should be recorded.
If you are considering offering a gift or hospitality to another person or organisation in the course of your duties and are unsure whether this is appropriate, please contact your line manager or a director for advice.
The guiding principles when considering offering a gift or hospitality are:
Staff conduct should not create any suspicion of conflict between official duty and private interest
Staff actions should not give the impression to members of the public, any organisation with whom they deal, or their colleagues, that they have been, or may have been, influenced by a benefit received or offered
Disciplinary Action
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 refrain from taking action; or
Show favour or disfavour to any person
Any disciplinary action will be in accordance with Keyforge Ltd’s normal disciplinary procedure.
Further Guidance
If you are offered a gift or hospitality by a colleague, potential or existing client, contractor, supplier or other person, or are considering offering the same to another person or organisation in the course of your duties and are unsure whether this is appropriate, please contact your line manager or a director for advice.