Policy Statement
It is the policy of Merlin Industrial Products Ltd. to conduct business in an honest and ethical manner. To this end, we take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships, wherever we operate, and implementing and enforcing effective systems to counter bribery.
We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which it conducts business, including, in the UK, the Bribery Act 2010 (the Act), which applies to conduct both in the UK and abroad.
Scope and Applicability
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 us (including third parties), or any of our subsidiaries or their employees, no matter where they are located (within or outside of the UK).
In the context of this policy, third-party refers to any individual or organisation our company 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 our company makes with a third party is subject to clear contractual terms, including specific provisions that require the third party to comply with minimum requirements.
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 in order to gain commercial, contractual, regulatory, or personal advantage.
Bribery is not limited to the act of offering a bribe. If an individual is on the 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 company’s Managing Director.
Gifts & Hospitality
This policy does not prohibit normal and appropriate gifts and hospitality (given and received) to or from Third Parties unless otherwise specifically stated. However, we have specific internal policies and procedures which provide guidance to Employees as to what is to be regarded as normal and appropriate gifts and hospitality in terms of financial limits, subject to the principles set out below, namely that any gift or hospitality:
- 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.
- Is not made with the suggestion that a return favour is expected.
- Is in compliance with local law.
- Is given in the name of the company, not in an individual’s name.
- Does not include cash or a cash equivalent (e.g., a voucher or gift certificate).
- 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).
- Is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
- Is given/received openly, not secretly.
- Is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
- Is not above a certain excessive value, as pre-determined by the Company (usually in excess of £100).
- Is not offer to, or accepted from, a government official or representative or politician or political party, without the prior approval of the Managing Director.
We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable both in the UK and any other relevant country. The intention behind the gift should always be considered.
What is not acceptable?
It is not acceptable for any Employee (or someone on their behalf) to:
- give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that they or the Company will improperly be given a business advantage, or as a reward for a business advantage already improperly 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 where it is known or suspected that it is offered or given with the expectation that the Third Party will improperly obtain a business advantage.
- accept a gift or hospitality from a Third Party where it is known or suspected that it is offered or provided with an expectation that a business advantage will be improperly provided by 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 & Kickbacks
We do not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action.
We recognise that kickbacks are typically made in exchange for a business favour or advantage.
Charitable Donations & Sponsorship
We accept (and indeed encourage) the act of donating to charities, whether through services, knowledge, time, or direct financial contributions (cash or otherwise), and agree to disclose all charitable contributions we make.
Employees must be careful to ensure that charitable contributions are not used to
facilitate and conceal acts of bribery.
We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the approval of the Managing Director.
Record Keeping
We will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made. We 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 managerial review.
Responsibilities and Raising Concerns
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 Employees are required to avoid any activity that might lead to, or suggest, a breach of this policy.
Employees are required to notify the Company as soon as possible if it is believed or suspected that a conflict with this policy has occurred, or may occur in the future, or if they are offered a bribe, 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.
Any employee who breaches this policy may face disciplinary action, which could result in dismissal for gross misconduct. We reserve our right to terminate our contractual relationship with non-employee Workers if they breach this policy.
If any Third Party is aware of any activity by any Employee which might lead to, or suggest, a breach of this policy, they should raise their concerns with the Managing Director.
If you refuse to accept or offer a bribe or you report a concern relating to potential act(s) of
bribery or corruption, we understand that you may feel worried about potential repercussions. We will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.
We 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 your line manager or the Managing Director immediately.
Communication
We communicate this policy to our staff, clients, and other stakeholders by means of our website, and internal communications.
We provide our staff with training on our Bribery & Corruption Policy and seek to raise awareness of any negative impacts of our business and methods to reduce them.
Our zero-tolerance approach to bribery & corruption must be communicated to all suppliers, contractors, and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.
Responsibility and Review
Management at all levels are responsible for ensuring those reporting to them understand and comply with this policy and are given any required training.
All Employees are aware that they are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.
We are committed to ensuring our policy remains effective. As part of our ongoing commitment, this policy is reviewed at least annually to ensure that it remains up to date, compliant and relevant to the needs of the organisation and its clients, and to verify its effective operation.
Any improvements identified are made as soon as possible. Internal control systems and procedures are also subject to regular review to provide assurance that they are effective in countering any risks of bribery and corruption.