Anti-Bribery & Corruption Policy

1. Introduction

The company has implemented this policy to ensure the highest standards of honesty and integrity in its business. The company has assessed the risk to the business of acts of bribery and corruption and expects all employees and associated persons acting on behalf of the company to comply with this policy and to ensure that no offence under the Bribery Act 2010 is committed for which the company would be liable. 

Failure to comply with this policy may constitute a serious act of misconduct, which could result in the dismissal of an employee/worker or the cancellation of a contract with an associated person.

2. Bribery

Bribery may be known as a bung, kickback, favor for cash, or other terms. It is generally defined as the giving or receiving of a financial inducement or other advantage in return for the improper performance of a relevant function or activity.

Examples of bribery include giving or receiving a financial inducement or other advantage in order to:

• Secure or keep a contract

• Secure an order

• Gain any advantage over a competitor

• Turn a blind eye to a health safety issue, poor performance, substitution of materials, or false labor charges

• Falsify an inspection report or obtain a certificate

• Giving or receiving information, goods, or services knowing these to be fraudulent

• Committing or attempting any deliberate act knowing it to be fraudulent

Bribes can be given to, or received from, representatives of suppliers, contractors, public officials, and clients among others. Bribes do not have to involve a cash payment and can include the giving or receiving of gifts, hospitality, entertainment, or other benefits.

3. The Bribery Act 2010

The Bribery Act makes it a criminal offence for an individual to offer or accept a bribe, punishable by a fine and/or up to 10 years of imprisonment. The Act also states that an offence will be committed by a commercial organization if they fail to prevent a person associated with the organization from offering or accepting a bribe which would obtain or retain business for the organization or cause the organization to gain an advantage in the conduct of its business.

An associated person could include a director, shareholder, employee, agency worker, subcontractor, supplier, or other third party acting in association with the organization, such as a partner in a joint venture. Where an organization is found guilty of this offence, it can be punished by an unlimited fine and/or the loss of the right to tender for government contracts. Conviction could also cause severe damage to the reputation of the organization.

In order to ensure compliance with the Act and general principles of honesty, integrity, and commercial fairness, the company has adopted this policy to prevent the commission of acts of bribery in its name.

4. Prohibited Conduct

The following conduct is prohibited by this policy:

• Making unofficial payments to officials in order to obtain any permission, permit, or stamp

• Making payments or giving incentives in order to obtain or retain business

• Accepting payments or receiving incentives in return for accepting a tender for business

• Making or receiving a facilitation payment to expedite the performance of a routine procedure or function

The above conduct is prohibited regardless of the location where it occurs, anywhere in the world. No director, shareholder, employee, agent, or other third party acting on behalf of the company shall be involved in such conduct.

5. Permitted Conduct

This policy is not intended to prohibit the following practices, provided they are appropriate, proportionate, and properly recorded:

• Normal hospitality (this should normally be to thank an existing client or supplier for loyalty and should not normally occur during a tendering process or contract negotiations)

• Fast-tracking a process that is available to all on the payment of a fee

• Providing resources to assist a person or body to make a decision more efficiently, provided that it is for this purpose only.

6. Due Diligence – Suppliers & Partners

Where a person acting on behalf of the business is considering entering into an agreement with a new supplier, agent, or partner, they should consider whether or not that person or organization is likely to be involved in corrupt or unlawful practices that may be in contravention of the Bribery Act 2010.

Factors that should be considered include:

• The nature of the business carried out by the supplier, agent, or partner

• The location(s) where the supplier, agent, or partner is based and conducts its business

• Whether the supplier, agent, or partner will be making payments (including taxes or fees) on behalf of the company

• Whether the supplier, agent, or partner will be applying for permits, licenses, or official stamps from public officials or authorities on behalf of the business

• Whether the supplier, agent, or partner will be involved in tender processes or contract negotiations on behalf of the business

Where it is considered that there is a risk of bribery, due diligence on the supplier, agent, or partner must be carried out. This may involve obtaining information on any anti-bribery policies the supplier, agent, or partner has in place, third-party references, and criminal record checks for relevant individuals.

Whenever the company enters into an agreement with a new supplier, agent, or partner, they must always be made aware of the company anti-bribery policy and confirm their intent to comply with it. If there is a significant risk of bribery, the matter must be referred to a director or senior management for advice and direction before entering any agreement.

7. Reporting Procedures

Any person associated with the business who suspects that any person or organization engaged in business or associated with the company is involved in bribery should report this through the Company Whistleblowing Policy. A copy of the Company Whistleblowing Policy is available on request.

All reports will be taken seriously and dealt with promptly and, where possible, in confidence by the Managing Director. Any person reporting suspected bribery should be able to do so without fear of reprisal unless there is evidence of bad faith.

8. Competition Law

The company takes its legal obligations seriously and complies with the Competition Act 1998 and the Enterprise Act 2002. We do not tolerate any anti-competitive behavior or any legal, ethical, or moral breach of competition law.

Failure to adhere to this policy may result in significant fines, criminal prosecution, legal actions, voided contracts, disqualification of directors, dismissal of employees, or reputational damage. All employees must ensure compliance and seek training on this matter.