Gordon Ramsay Restaurants Gordon Ramsay Restaurants
The Bribery Act 2010 establishes a number of bribery and corruption offences including either directly or through a third party to:
In addition, there is also a corporate offence of failing to prevent bribery where a person ‘associated’ with the organisation offers, promises, or gives a bribe to another person intending to obtain or retain business or a business advantage in the conduct of business.
Bribery and corruption are serious criminal offences. Under the Act, offences committed by individuals can carry a maximum of 10 years imprisonment and an unlimited fine. In addition, if Gordon Ramsay Restaurants Ltd (the “Company”) is found to have engaged in corruption then it could face an unlimited fine, face significant reputational damage and could impact on the Company’s future ability to conduct business.
The Company recognises that such events are likely to be rare. Nevertheless, it commits itself to the robust implementation of the Act to ensure that it has adequate and proportionate procedures in place for the governance of the Company’s business affairs.
We conduct all our business in an honest and ethical manner. 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 and corruption.
We take our legal responsibilities very seriously. We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate. However, we remain bound by UK laws, including the Bribery Act 2010, in respect of our conduct both at home and abroad.
The aim of this Policy is to detail how the Company will implement and enforce effective systems to prevent bribery and corruption. As such the policy:
The Company will aim at all times to limit its exposure to the risk of bribery and corruption by:
The Chief Financial Officer has overall responsibility for the effective operation and implementation of this policy.
This policy is continually reviewed and updated on at least an annual basis.
A bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit.
The Bribery Act 2010 specifies that it is a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe.
The offering, promising, or giving of a reward to induce a person to perform a relevant function or activity improperly is strictly prohibited.
The accepting of, agreeing to accept or requesting of a reward in return for performing a relevant function or activity improperly is strictly prohibited. A ‘relevant function or activity’ includes any activity of a public nature, or any activity connected to the Company. ‘Acting improperly’ is defined as any breach of what can reasonably be expected in relation to performing of the function or activity.
It is strictly prohibited to try to influence a foreign public official with the intention of obtaining or retaining business in a situation where the public official was not permitted or required by law to be influenced.
Key aspects of the Act are that:
The definition of “foreign public official” includes not just members of foreign governments but those who perform public functions for foreign governments or public agencies in foreign countries, and officials or agents of public international organisations such and the United Nations.
In some countries it is sometimes a requirement to have to make payments or gifts of small value to junior government officials in order to speed up or facilitate a routine action or process. Such payments are unlawful under the Act and as such must not be made. The Company does not permit the offer, promise or the making of a facilitation payment by any Member of Staff carrying out business on the Company’s behalf. In addition, all Members of Staff should avoid any activity that may lead to, or suggest, that a facilitation payment will be made by the Company.
The Company commits itself to deal with any issues of bribery and corruption through two key principles:
Any employee found to be in breach of the Company’s zero tolerance policy on bribery as outlined here, will be dealt with under the Disciplinary Procedure and may be subject to summary dismissal.
Additionally, criminal penalties for individuals convicted of a bribery offence include a jail sentence of up to ten years and / or an unlimited fine.
The Company is required, by law, to examine the nature of any income transaction involving the receipt of an unusually large amount of cash (€15,000 or approximately £13,000 and above).
Members of Staff must inform the Chief Financial Officer if any of the following occur:-
Failure to report a suspicious receipt of income is regarded as a criminal offence which may result in prosecution of an individual.
All offers of gifts, in any way connected to the Company activities of a Member of Staff, other than those of a small intrinsic value, MUST be approved by either the Chief Financial Officer or HR Director prior to acceptance. In this context, small intrinsic value can be taken to include gifts up to the value of £30. Gifts must not be accepted without prior approval.
If an offer of gifts is declined without discussion with either the Chief Financial Officer or HR Director, you MUST report by email to the Chief Financial Officer or HR Director that the gift was declined. This information will be used to identify individuals or companies who persistently offer inappropriate gifts.
Gifts of money or vouchers, such as Amazon vouchers (as they can be translated into cash) MUST always be refused, even where they have a value below £30.
Should a gift with a value of greater than £30 be sent or left for a member of staff, then such gifts should be approved by either the Chief Financial Officer or HR Director. If approval is not given, the gift must be returned to the sender with an explanation to indicate that acceptance is not permitted under the Company’s Policies. Members of Staff are encouraged to contact corporate organisations who are in the habit of sending regular gifts to seek removal from their distribution lists.
Employees are required to disclose all offers of gifts in the Company’s register of gifts and hospitality maintained by the Purchasing Director.
The provision of gifts from the Company to third parties must be limited to £30, or where circumstances are appropriate, to the presentation of flowers, chocolate, biscuits, etc.
If a Member of Staff is invited to a corporate hospitality event by a supplier or potential supplier of the Company, they must notify the Purchasing Director or Chief Financial Officer prior to accepting such an invitation. If the Purchasing Director or Chief Financial Officer authorise the Member of Staff to attend the event the Member of Staff can then accept the invitation.
If authorisation is not provided the Member of Staff must not attend the event under any circumstances. It is imperative that all Members of Staff adhere to the guidelines detailed above to ensure the Company and/or Members of Staff do not contravene the obligations under the Bribery Act 2010.
Members of Staff are required to disclose all offers of hospitality in the Company’s register of gifts and hospitality maintained by the Purchasing Director.
If a supplier contacts you directly, you should direct them to the Procurement Team in the first instance to ensure that all such offers are managed across the Company rather than by individual sites/employees.
Genuine hospitality or other similar promotional business expenditure is unaffected by this policy, provided that it is reasonable and proportionate to the Company’s business, and again, where prior approval has been sought from the HR Director or Chief Financial Officer.
These costs should not normally exceed £60per head on any one occasion. There is an expectation that the number of visitors should be roughly equal to the number of Company staff. Where there will be significantly more Company staff the department should contact the Accounts Payable section for further guidance.
The names of each person attending must be noted, identifying which attendees are staff members and which are external guests. This is important because of the taxation implications which flow from entertaining and for the purpose of the Bribery and Corruption Act 2010.
The Company does not make, and will not accept, facilitation payments or "kickbacks" of any kind.
You must avoid any activity that might lead to a facilitation payment or kickback being made or accepted by us or on our behalf, or that might suggest that such a payment will be made or accepted. If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with the Purchasing Director.
The Company does not make contributions to political parties.
The Company only make charitable donations that are legal and ethical under local laws and practices. No donation must be offered or made without the prior approval of the Chief Financial Officer.
We must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.
You must declare and keep a written record of all hospitality or gifts given or received, which will be subject to managerial review. All such hospitality of girts given or received must be recorded in the Company’s register of gifts and hospitality maintained by the Purchasing Director.
You must submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with our expenses policy and record the reason for expenditure.
All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept "off-book" to facilitate or conceal improper payments.