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Anti-Bribery Policy

1. Introduction

1.1 Purpose

This policy sets out Anti-Bribery guidelines and the procedure for East Heritage Limited (“East”) employees to follow in order to recognise and deal with bribery and corruption issues.

 

  • 1.2 Scope

  • This policy applies to all employees whether permanent, temporary or on a fixed term contract of employment- including directors, non-executive directors, officers performing duties on behalf of East, contractors, freelancers and subsidiaries acting for, or on behalf of, the organisation within the UK and overseas.

     

  • 1.3 Operation

  • The Anti-Corruption Officer responsible for the maintenance and operation of, and compliance with this policy is: 

    Dawn Pine
    T: +44(0)2033723190
    E: dpine@monsoon.co.uk

     

     

  • 2. What is Bribery?

  • 2.1 The Legislation

    Under the Bribery Act 2010, a bribe is defined as a financial, or other type of advantage that is offered or requested with the:

    • intention of inducing or rewarding improper performance of a function or activity; or,
    • knowledge or belief that accepting such a reward would constitute the improper performance of such a function or activity.

    There are four criminal offences under the Bribery Act 2010:

    • Offering or paying a bribe;
    • Requesting or receiving a bribe;
    • Bribing a foreign public official;
    • An offence for a company failing to prevent bribery being undertaken on its behalf.

    The Act applies regardless of whether an employee or the associated person is situated in the UK or overseas.

    Bribery is a criminal offence and any individual found guilty of bribery may be liable to up to 10 years imprisonment and/or an unlimited fine payable by the employee personally, not East. If East is found to have taken part in bribery, it could face an unlimited fine and damage to reputation. We therefore take our legal responsibilities very seriously.

     

     

  • 3. Types of Bribe

  • Bribes can include money, gifts, hospitality, expenses, reciprocal favours, political or charitable contributions, or any direct or indirect benefit or consideration. A bribe does not need to be accepted to be a bribe - the offer is enough.

     

  • 3.1 Gifts

  • Gifts are defined as items given without the expectation of receiving anything in return, including, but not limited to:

    • branded or promotional items
    • flowers
    • perishable goods e.g. chocolates

    A gift will be considered of more than nominal value if it is worth £10 or more- see guidance in Annex 2.

     

  • 3.2 Hospitality

  • Hospitality is defined as the entertaining of clients, conference delegates, or other official visitors. This includes, but is not limited to the offer or provision of:

    • Meals (where not part of a standard business day, e.g. working lunch)
    • Travel or Accommodation
    • Tickets to Concerts, Sports Events, Conferences, Awards Ceremonies, Parties

     

    4. Gifts & Entertainment Policy 

  • 4.1 Receiving Gifts
  • Gifts should not be accepted where they may appear to be disproportionately generous (over the value of £100) or could reasonably be construed as an inducement to affect a business decision.

    Gifts should not be accepted from suppliers or any other party involved in a current tender or sourcing activity. These gifts must be refused and reported to the Anti-Bribery Officer.

    Any gift offered (whether accepted or not) which is of more than nominal value should be notified to the organisation using the Gift Register form in Annex 1, and returned to antibribery@monsoon.co.uk within 30 days of their being received. You will receive a monthly email reminder to fill out the gift register.

    Additional guidance on Gifts and the procedure to follow is provided in Annex 2.

    There may be occasions, e.g. cultural reasons, where refusing a gift could cause offence or cannot physically be returned. In these circumstances the gift should be accepted and then surrendered to the Anti-Corruption Officer or Company Secretary, who will deal with it appropriately and donate it to the Monsoon Accessorize Trust.

     

  • 4.2 Offering Gifts

  • The offering of any Gift to any party on behalf of East or where the gift is purchased using company funds/expensed to the company, or featuring company product is expressly prohibited without the prior approval of the Anti-Bribery Officer.

     

  • 4.3 Receiving Hospitality

  • Hospitality should not be accepted where this may appear to be disproportionately generous (over the value of £500) or could reasonably be construed as an inducement to affect a business decision. Hospitality should not be accepted from suppliers or any other party involved in a current tender or sourcing activity.  These invitations must be refused and reported to the Anti-Bribery Officer.

    Hospitality should also not be accepted where:

    • the party extending the invite shall not be present;
    • excessive alcohol consumption or adult entertainment occurs.

    In the event of travel or overnight accommodation being offered, seek approval from your line manager and Anti-Bribery Officer prior to departure and confirm itinerary to ensure the Company can comply with our Duty of Care.

    Any hospitality offered (whether accepted or not) should be notified to the organisation using the Gift Register form in Annex 1, and returned to antibribery@monsoon.co.uk within 30 days of the invitation being received. You will receive a monthly email reminder to fill out the gift register.

    Additional guidance, and the procedure to follow is provided in Annex 2.

     

  • 4.4 Offering Hospitality

  • The offering of Hospitality to any party on behalf of East is expressly prohibited without the prior approval of the Anti-Bribery Officer.

     

     

  • 5. Rules for Specific Groups of Persons 

  • 5.1 Procurement/Buying staff and those advising Procurement/Buying staff:
  • Persons working within sourcing functions should not accept gifts or hospitality of any kind, unless the hospitality takes the form of an invitation to attend a supplier or industry conference, seminar or trade show, where the hospitality element is incidental to the event and relevant business information is expected to be gained through their attendance. Persons having significant advisory input into procurement decisions where they have provided or are likely to provide advice should not accept gifts or hospitality, unless it is principally to discuss business matters at either lunch or dinner, or at a conference or trade show. Specifically, however, no offers of lunch or dinner should be accepted during, or immediately before or after, a related sourcing exercise is being undertaken.

     

  • 5.2 Directors:

  • in accordance with the provisions of the Companies Act 2006, Directors must not accept any benefit from a third party which he or she receives because they are a director of the Company except where the benefit cannot be reasonably regarded as likely to give rise to a conflict of interest. In addition to this supervening statutory requirement, the Policy in this document shall apply to Directors as if they were employees.

     

     

  • 6. Audit and Compliance 

  • 6.1 Compliance with the Procedure
  • The company will:

    • regularly monitor "at risk" employees and associated persons;
    • regularly communicate with "at risk" employees and associated persons;
    • undertake extensive due diligence of third parties and associated persons; and
    • communicate its zero-tolerance approach to bribery to third parties, including actual and prospective customers, suppliers and joint-venture partners
    • review or audit entries to the Gift Register as it sees fit.
    6.2 Reporting Concerns
    You are encouraged to report any concerns you may have to the Anti-Bribery Officer as soon as possible. Issues that should be reported include:
    • any suspected or actual attempts at bribery;
    • concerns that other employees or associated persons may be being bribed; or
    • concerns that other employees or associated persons may be bribing third parties, such as clients or government officials.

    form is available on the Company intranet so you can record any incidents of suspected bribery. Any such reports will be thoroughly and promptly investigated in the strictest confidence.

  • 6.3 Consequences of Non-Compliance

  • If we suspect an employee of bribery we may suspend them from their duties while the investigation is being carried out. The organisation will invoke its disciplinary procedures and if proven, may result in a finding of gross misconduct and immediate dismissal. We also reserve the right to terminate the contracts of any associated persons, including consultants or other workers who act for, or on behalf of, the business who are found to have breached this policy.

     

     

    Annex 1- Gift Register

     

    All Offers (whether accepted or refused) of Gifts or Hospitality

    Name of Employee (Recipient)

    Job Title and Department

    Description of Gift / Hospitality Offered (Including Date Received / Date Offered)

    Name and Address of the External Organisation that has made the Offer

    Relationship to the Company

    Estimated Value

    Accepted / Declined

    (Individual / Group)

    Reason for Acceptance / Decline

    Employee’s Signature

    Date of Notification

    Acceptance of Offers of Non-Trivial Gifts only

    Date of receipt by Company Secretary

    Action taken by Company Secretary

    Acceptance of Offers of Hospitality only

    Appropriate Manager’s Name

    Manager’s / comments (e.g. on frequency) where appropriate

    Date of Approval

    (must be in advance)

     

    A copy of this Gift Register is accessible on the intranet. All gifts and hospitality, whether accepted or not, must be recorded on this form and returned to antibribery@monsoon.co.uk within 30 days of their being received. You will receive a monthly email reminder to fill out the gift register.



    Annex 2 - Guidance on Gift & Hospitality Acceptance

     

    Type of Gift/ Hospitality             

    Example

    Procedure

    Required

    Action

    Entry to Register

    Gift of nominal value (up to £10)

    Branded pens, mugs, umbrellas, USB sticks, diary

    Acceptable, as long as not given excessively often. No need to enter in the Gift Register.

    None

    NO

    Gifts (over £10)

    Parker pen, Swarovski decoration

    Acceptable, but the gift (if non-perishable) must given to the Charity Manager and donated to the Monsoon Accessorize Trust.

    Not acceptable if estimated to be over the value of £100.

    Complete notification form in Annex 2

    YES

    Perishables

    Chocolates, Hampers,

    Acceptable. Depending on lifespan, submit to Charity Manager. Where lifespan won’t allow, permitted to share amongst colleagues.

    Not acceptable if estimated to be over the value of £100.

    Complete notification form in Annex 2

    YES

    Flowers

    Bouquets, Live Plants

    Acceptable. Must remain in the office and not taken home.

    Complete notification form in Annex 2

    YES

    Travel / Accommodation

    Hotel whilst visiting supplier in India,

    Acceptable where representing a genuine business need or activity and the value is estimated to be below £500. Not acceptable if not related to business activity, if unapproved by Line Manager and Anti-Bribery Officer, or if over £500.

    Complete notification form in Annex 2

    YES

    Business Meals/Drinks

    Working Lunch, Meeting Refreshments, After-work drinks

    Acceptable, as long as not given excessively often. No need to enter in the Gift Register.

    None

    NO

    Meals/Drinks outside of working day/activity

    Dinner at Galvin at Windows, Party at Fabric

    Acceptable where the party extending the offer is also present and the value is estimated to be below £500 and represents a genuine business relationship or activity. Not acceptable if over £500.

    Complete notification form in Annex 2

    YES

    Tickets

    Arianna Grande at the O2, Retail Week Conference 2019 Awards Dinner

    Acceptable where the party extending the offer is also present and the value is estimated to be below £500 and represents a genuine business relationship or activity. Not acceptable if over £500.

    Complete notification form in Annex 2

    YES

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