3.1 Who it applies to
3.1.1 This policy applies to everyone who works for us or on our behalf. This includes all Board and Committee Members and employees of B3Living. It applies to those who are still in their probationary period, those working on fixed-term contracts and those working on temporary contracts. It also applies to other workers, including agency staff, contractors, partners and homeworkers who work or provide a service for B3Living.
3.1.2 It also relates to third parties which in the context of this policy means any individual or organisation B3Living comes into contact with. This includes residents, actual or potential clients, customers, suppliers, distributors, business contacts, agents, advisors and government and public bodies
3.2 Why we have an anti-bribery and corruption policy
3.2.1 It is a criminal offence to offer, promise, give, request or accept a bribe. Anyone found guilty can be punished by up to 10 years imprisonment and/or a fine. As an employer if we fail to prevent bribery we can face an unlimited fine, be banned from tendering for public contracts and suffer damage to our reputation. We therefore take our responsibilities very seriously.
The following are key risks for B3Living:
► Giving and receiving gifts and hospitality that creates a relationship
which could influence an employee’s judgement and decisions,
leaving them or B3Living open to reputational risk
► Taking kickbacks to use particular suppliers for construction or property maintenance contracts.
To address these risks we:
► ensure that all employees are aware of and meet our requirements
concerning fraud, bribery and corruption, hospitality and conflicts of
interest.
► conduct training and induction on the above topics.
► have a variety of systems, processes and internal controls that prevent
this happening.
► Audit processes in this area.
► Maintain and provide training on our procurement policy – B3Living
Group procurement and contract regulations (Board approved July
2020)
3.3 What is bribery and corruption
3.3.1 A bribe is gift given to influence the recipient’s conduct. It may be money,
goods, property, privilege, object of value, advantage or any or other
inducement. The key element being this inducement is designed to influence
the actions of an official in the organisation
3.3.2 The Government passed the Bribery Act 2010 to simplify the law and assist the
UK to combat bribery. The Act came into force in 1 July 2011 and it fully
applies to us. The Act contains four principal bribery offences which in
summary are:
► Bribing another person– the offering, promising or giving of an advantage
► Being bribed – requesting, agreeing to receive or accepting an advantage
► Bribing a foreign public official
► The "corporate offence", where a commercial organisation fails to prevent persons performing services on its behalf from committing bribery.
3.3.3 Put simply bribery is offering, promising, giving or accepting any financial or other advantage which is intended to:
► persuade the recipient or any other person to act improperly in the performance of their functions, or
► reward them for acting improperly
► an advantage includes money, gifts, loans, fees, hospitality services, discounts
the award of a contract or anything else of value.
3.3.4 A person acts improperly if they act illegally, unethically or contrary to the
expectations of good faith and or impartiality, or where they abuse a position of trust. The improper acts may be in relation to any business or professional activities, public function, acts in the course of employment or other activities or on behalf of any organisation of any kind.
3.3.5 The legislation specifically includes receiving as well as giving a bribe as being
an offence. The emphasis above is on inducing the recipient to act
improperly. It should be noted that actual bribery does not have to take place; an indication that bribery has been offered whether or not it has been accepted has consequences under the Act.
3.3.6 Corruption is the abuse of entrusted power or position for private gain. It
includes the offering, giving, receiving or soliciting, directly or indirectly, of anything of value, to influence improperly the actions of another party, including the misuse of entrusted power for personal gain.
Examples include:
► Undeclared conflicts of interest (e.g. external directorships; engaging in personal
transactions which might affect the business)
Theft or unauthorised circulation/reproduction of confidential organisation
documents or information, including financial information.
► Acceptance/payment of inducements/gifts/entertainment outside the relevant
Association policy.
3.4 What should we avoid doing?
3.4.1 It is not acceptable for any employee or someone on your behalf to:
► 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 rewards a business advantage already given
► give or accept a gift or hospitality during any commercial negotiations or tender process, if this could be perceived as intended or likely to influence the outcome
► accept a payment gift or hospitality from a third party that you know or suspect
is offered with the expectation that B3Living will provide a business advantage for them or anyone else in return
► accept hospitality from a third party that is unduly lavish or extravagant under the circumstances
► offer or accept a gift to or from government offices or representatives or politicians or political parties
► threaten to retaliate against another person who has refused to commit a
bribery offence or who has raised concerns under this policy
► accept facilitation payments also known as ‘backhanders’ or ‘grease payments’. These are typically small unofficial payments made to secure or speed up a routine or necessary action
► Accept kickbacks which are typically payments made in return for a business favour or
► engage in any other activity which might lead to a breach of this policy.
3.5 Other things to note
3.5.1 Gifts and hospitality: There are a number of other policies relevant to this
policy. The Probity Policy is particularly relevant. This policy does not prohibit the giving or receiving of reasonable, proportionate and appropriate hospitality or gifts to or from people and organisations that we deal with. There are, indeed, circumstances where the acceptance of hospitality or gifts is in accordance with established business practice, or where the acceptance of gifts or hospitality is difficult to avoid without causing offence.
3.5.2 Donations: B3Living only makes charitable donations from its own resources that are legal, ethical and in line with the Charitable Donations Policy.
Training and communication: Training on this policy forms part of the
induction programme. Furthermore, all existing employees will be provided
with training on this policy annually with special attention given to budget holders.
3.5.4 Zero tolerance to bribery and corruption must be communicated to all suppliers, contractors and business partners at the start of any new business relationship and whenever necessary after that.
3.6 Roles and responsibilities
3.7 What happens if there is a breach of this policy?
3.7.1 Anyone who works for B3Living and does not follow this policy will find themselves facing disciplinary action and possible dismissal.
3.7.2 B3Living reserves the right to terminate any contractual relationship with people who work with the organisation if they breach this policy.
3.7.3 Where necessary, any bribery or corruption activities will be reported to the police.
3.8 How to raise a concern
3.8.1 If you are offered a bribe or suspect bribery and/or corruption you should
raise this with your line manager at the earliest possible stage. Either the line manager or the individual must also advise the Chief Executive or Executive
Director of Finance accordingly.
3.8.2 Alternatively, there is an independent and confidential email address for employees via the whistleblowing procedures – company.
secretary@b3living.org.uk.
3.8.3 We encourage openness and therefore you should not be concerned about raising potential issues, even if they turn out to be mistaken.
3.8.4 We will ensure no one suffers any detrimental treatment as a result of refusing to take part in any bribery and/or corruption or because reports have been made in good faith.