Anti Bribery and Corruption Policy

It is the Company’s policy to conduct all of its business in an honest and ethical manner. The Company takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships wherever it operates and implementing and enforcing effective systems to counter bribery.

The Company will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which the Company operates. However, the Company remains bound by the laws of the UK, including the Bribery Act 2010, in respect of its conduct both at home and abroad.

Purpose of this policy is to:

Set out the Company’s responsibilities, and of those working for the Company, in observing and upholding its position on bribery and corruption; and

Provide information and guidance to those working for the Company on how to recognise and deal with bribery and corruption issues

What is bribery?

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

Examples include:

Offering a bribe – An employee offers a potential client tickets to a major sporting event, but only if they agree to do business with the Company.

Receiving a bribe – A supplier gives an employee’s nephew a job, but makes it clear that in return they expect the worker to use their influence in the Company to ensure it continues to do business with them.

Bribing a foreign official – An employee arranges for the business to pay an additional payment to a foreign official to speed up an administrative process, such as clearing the Company’s goods through customs.

Gifts and hospitality – This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.

Employees must not under any circumstances solicit gifts from any of the Company’s customers/clients, suppliers or any other business partners or offer gifts to any such person or organisation without the written consent of a director. Any unsolicited gifts which are received must be returned immediately.

What is not acceptable?

Employees must not under any circumstances, on their own behalf, or on behalf of the Company:

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;

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;

Accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for the third party concerned;

Accept a gift or hospitality from a third party if they know or suspect that it is offered or provided with an expectation that a business advantage will be provided by the employee or the Company in return;

Threaten or retaliate against another employee who has refused to commit a bribery offence or who has raised concerns under this policy; or

Engage in any activity that might lead to a breach of this policy.

Facilitation payments and kickbacks

  • The Company does not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official. They are not commonly paid in the UK, but are common in some other jurisdictions.
  • If employees are asked to make a payment on the Company’s behalf, they should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. They should always ask for a receipt which details the reason for the payment. If they have any suspicions, concerns or queries regarding a payment, they should raise these with their line manager.
  • Kickbacks are typically payments made in return for a business favour or advantage. Employees must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by the Company.

Employee’s responsibilities

  • Employees must ensure that they have read, understood and comply with this policy.
  • The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for the Company or under its control. All workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.
  • Employees must notify their line manager as soon as possible if they believe or suspect that a conflict with this policy has occurred, or may occur in the future.
  • An employee who breaches this policy may face disciplinary action, which could result in dismissal for gross misconduct.

How to raise a concern

  • Employees are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If an employee is unsure whether a particular act constitutes bribery or corruption, or if they have any other queries, these should be raised with their line manager. Concerns should be reported by following the procedure set out in the Company’s Whistleblowing Policy.
  • If any Customers or Suppliers have concerns, suspicions or other queries, they are asked to report these to Active’s Managing Director without undue delay.

What to do if you are a victim of bribery and corruption

  • It is important that employees tell their line manager if they are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that they are a victim of another form of unlawful activity.

Protection

  • Employees who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. The Company aims 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.
  • The Company is 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 an employee believes that they have suffered any such treatment, they should inform their manager or, if the complaint relates to the manager, to a director immediately. If the matter is not remedied, they should raise it formally using the Company Grievance Procedure.