ANTI-BRIBERY & CORRUPTION POLICY
It is illegal to offer, promise, give, request, agree, receive or accept bribes.
This policy is in place to protect both AHS employees and external parties and ensure everyone is aware of the facts and ensure they comply.
1.1 It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our relationships and business dealings wherever we operate and to implementing and enforcing effective systems to counter bribery.
1.2 We will uphold all laws relevant to countering bribery and corruption, including the Bribery Act 2010.
1.3 The purpose of this policy is to:
(a) set out our responsibilities, and of those working for us, in observing and upholding our position on bribery and corruption; and
(b) provide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.
1.4 Bribery and corruption are punishable for individuals by up to ten years' imprisonment and if we are found to have taken part in corruption we could face an unlimited fine and face damage to our reputation. We therefore take our legal responsibilities very seriously.
1.5 We have identified the key activities we consider could create risk for AHS. They include:
(a) Collaborations, joint ventures and partnerships (both formal or informal) with manufacturers and suppliers;
(b) Receipt of gifts and donations.
1.6 To address these risks we have taken the following steps:
(a) Implemented an anti-bribery and corruption policy;
(b) Distributed this policy to all AHS employees at induction stage and highlighted the key risks.
1.7 In this policy, third party means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
This policy applies to all individuals working at all levels and grades, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as workers in this policy).
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
Offering a bribe
You offer a potential business partner tickets to a major sporting event, but only if they agree to do business with us.
This would be an offence as you are making the offer to gain a commercial and contractual advantage. We may also be found to have committed an offence because the offer has been made to obtain business for AHS. It may also be an offence for the potential client to accept your offer.
Receiving a bribe
A supplier gives your nephew a job, but makes it clear that in return they expect you to use your influence in AHS to ensure we continue to do business with them.
It is an offence for a supplier to make such an offer. It would be an offence for you to accept the offer as you would be doing so to gain a personal advantage.
Bribing a foreign official
You arrange for the organisation to pay an additional payment to a foreign official to speed up an administrative process, such as clearing items through customs.
The offence of bribing a foreign public official has been committed as soon as the offer is made. This is because it is made to gain a business advantage for us. We may also be found to have committed an offence.
4.1 This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties and the giving or receipt of gifts, provided that this is approved by the director.
4.2 Normal and appropriate hospitality and gifts would include where the hospitality or gift:
(a) is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
(b) complies with local law;
(c) is given in AHS’s name, not in your name;
(d) does not include cash or a cash equivalent (such as gift certificates or vouchers);
(e) is appropriate in the circumstances. For example, in the UK it is customary for small gifts to be given at Christmas time;
(f) taking into account the reason for the gift, is of an appropriate type and value and given at an appropriate time;
(g) is given openly, not secretly; and
(h) is not offered to, or accepted from, government officials or representatives, or politicians or political parties, without the prior approval of the director.
It is not acceptable for you (or someone on your behalf) to:
(a) give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
(b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to "facilitate" or expedite a routine procedure;
(c) accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;
(d) accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;
(e) threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
(f) engage in any activity that might lead to a breach of this policy.
AHS Ltd actively donates to various charitable casuses, as approved by the director.
7.1 You must ensure that you read, understand and comply with this policy.
7.2 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.
7.3 You must notify your line manager and/or the director as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. For example, if a client or potential client offers you something to gain a business advantage with us, or indicates to you that a gift or payment is required to secure their business.
Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct.
8.1 AHS keeps full financial records of all transactions, including details of any donations and gifts.
8.2 You must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review.
8.3 You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted to the finance manager, ensuring you specifically record the reason for the expenditure.
8.4 All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept "off-book" to facilitate or conceal improper payments.
You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your line manager and/or the director.
It is important that you tell the director as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.
11.1 Workers 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.
11.2 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 line manager and/or the director immediately.
All existing and new employees of AHS will receive a copy of this policy and, if further information of advice is required, will receive training on how to implement and adhere to this policy.
13.1 The director has overall control of this policy and will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible.
13.2 All workers are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.
13.3 Workers are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the director.