This anti-bribery policy exists to set out the responsibilities of Hector Peace LLP and those who work for 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 Hector Peace LLP. It helps them recognise and deal with bribery and corruption issues, as well as understand their responsibilities.
Policy Statement
Hector Peace LLP is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure bribery is prevented.
Hector Peace LLP has zero-tolerance for bribery and corrupt activities. Hector Peace LLP is committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate.
Hector Peace LLP will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate.
Hector Peace LLP is bound by the laws of the UK, including the Bribery Act 2010, in regard to our conduct both at home and abroad.
Hector Peace LLP recognises that bribery and corruption are punishable by up to ten years of imprisonment and a fine. If Hector Peace LLP is discovered to have taken part in corrupt activities, we may be subjected to an unlimited fine, excluded from tendering for public contracts, and face serious damage to our reputation.
It is with this in mind that Hector Peace LLP commit to prevent bribery and corruption in our business, and take our legal responsibilities seriously.
Who is covered by the Policy?
This anti-bribery policy applies to all employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with Hector Peace LLP (including third parties), or any of our subsidiaries or their employees, no matter where they are located (within or outside of the UK).
The policy also applies to Officers, Trustees, Board, and/or Committee members at any level.
In the context of this policy, third-party refers to any individual or organisation Hector Peace LLP meets and works with. It refers to actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – this includes their advisors, representatives and officials, politicians, and public parties.
Any arrangements Hector Peace LLP make with a third party is subject to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures relating to anti-bribery and corruption.
Definition of Bribery
Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.
A bribe refers to any inducement, reward, or object/item of value offered to another individual to gain commercial, contractual, regulatory, or personal advantage.
Bribery is not limited to the act of offering a bribe. If an individual is on receiving end of a bribe and they accept it, they are also breaking the law.
Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively (as described above), or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the Partners, Andrew Hector and Andrew Pearce.
What is and what is NOT acceptable
This section of the policy refers to 4 areas:
Gifts and hospitality
Facilitation payments
Political contributions
Charitable contributions
Gifts and Hospitality
Hector Peace LLP accepts normal and appropriate gestures of hospitality and goodwill (whether given to received from third parties) so long as the giving or receiving of gifts meets the following requirements:
It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
It is not made with the suggestion that a return favour is expected.
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, considering the reason for the gift.
It is given / received openly, not secretly.
It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
It is not above excessive value.
Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion / culture who may take offence), the gift may be accepted so long as it is declared.
Hector Peace LLP recognises that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.
As good practice, gifts given and received 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 Partners, Andrew Hector and Andrew Pearce, should be sought.
Facilitation Payments and Kickbacks
Hector Peace LLP does not accept and will not make any form of facilitation payments of any nature. Hector Peace LLP recognises that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. Hector Peace LLP recognises 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.
Hector Peace LLP does not allow kickbacks to be made or accepted.
Hector Peace LLP recognises that kickbacks are typically made in exchange for a business favour or advantage.
Hector Peace LLP recognises that, despite our 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 the minimum.
Ask for a receipt, detailing the amount and reason for the payment.
Create a record concerning the payment.
Report this incident to the Partners, Andrew Pearce and / or Andrew Hector.
Political Contributions
Hector Peace LLP will not make donations, whether in cash, kind, or by any other means, to support any political parties or candidates.
Hector Peace LLP recognises this may be perceived as an attempt to gain an improper business advantage.
Charitable Contributions
Hector Peace LLPaccepts 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.
Hector Peace LLPwill ensure that all charitable donations made are legal and ethical under local laws and practices, and those donations are not offered / made without the approval of the compliance manager.
Exceptional Circumstances
In some circumstances a payment is justifiable.
If one of our people is faced with a threat to their personal safety or that of another person if a payment is not made, they should pay it without fear of recrimination. In such cases the Partners, Andrew Hector and Andrew Pearce, must be contacted as soon as possible, and the payment and the circumstances in which it was made must be fully documented and reported. Hector Peace LLPwill consider carefully whether to involve the police.
Such cases will be rare. All our people visiting regions where these cases are more common should familiarize themselves, prior to travel, with current guidance relating to those countries. For general information on travelling to a particular country, please consult the latest information from the UK Government.
Employee Responsibilities
As an employee of Hector Peace LLP, you must ensure that you read, understand, and comply with the information contained within this policy.
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 you have reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you must notify the Partners, Andrew Hector and Andrew Pearce.
If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct. Hector Peace LLPhas the right to terminate a contractual relationship with an employee if they breach this anti-bribery policy.
Anti-Bribery & Anti-Corruption Policy
How to raise a concern
If you suspect that there is an instance of bribery/corrupt activities occurring in relation to Hector Peace LLP you are encouraged to raise your concerns at as early a stage as possible.
If you’re uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to the Partners Andrew Hector and Andrew Pearce
Hector Peace LLP will familiarise employees with its procedure so employees can vocalise their concerns swiftly and confidentially.
What to do if you are a victim of bribery or corruption
You must tell the Partners, Andrew Hector and Andrew Pearce, 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.
Protection
If you refuse to accept or offer a bribe or report a concern relating to potential act(s) of bribery or corruption, Hector Peace LLP understands that you may feel worried about potential repercussions.
Hector Peace LLP will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.
Hector Peace LLP 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’ve been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, you should inform the Partners, Andrew Hector and Andrew Pearce immediately.
Hector Peace LLP’s anti-bribery and corruption policy and zero-tolerance attitude will be communicated to all suppliers, contractors, business partners, and any third parties at the outset of business relations, and as appropriate thereafter.
Record Keeping
Hector Peace LLP will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made.
Hector Peace LLP 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 Partner review.
Monitoring and Reviewing
Hector Peace LLP’s Partners, Andrew Hector and Andrew Pearce are responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis. They will assess its suitability, adequacy, and effectiveness.
Any need for improvements will be applied as soon as possible.
This policy does not form part of an employee’s contract of employment and Hector Peace LLP may amend it at any time so to improve its effectiveness at combatting bribery and corruption.