Anti-Bribery and Corruption Policy

Policy Objective

This policy aim is to set out how Effective Energy Solutions manage 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.

Policy Owners

The policy ownership belongs to the Senior Management Team. The day to day management of the policy and its provisions will rest with Business Unit Managers.

Primary Audience

This policy applies to all “associated persons” pursuant to section 8 of the Bribery Act 2010 (“the Act”). Consequently, this policy applies to all individuals who provide services for or on behalf of the Company. This includes but is not limited to senior managers, officers, directors, employees (including temporary and/or permanent), consultants, contractors, trainees, seconded staff, homeworkers, casual workers, agency staff, volunteers, interns, agents, sponsors and anyone associated with the Company wherever located. 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.

Scope

The scope of this policy is business-wide and applies to all Effective Energy operations including businesses and legal entities.

Policy Statement

All Individuals must:

  • Read, understand and comply with this policy.
  • Avoid any activity that might lead to, or suggest a breach of this policy
  • Suggest ways in which this policy and/or our compliance under the Act could be improved.
  • Notify the person responsible for this policy or the Board of Directors as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future. For example, if a client or potential client based in the UK or abroad offers you ‘something’ in order to gain a business advantage with us; or indicates to you that a gift or payment is required to secure their business.
  • Declare and keep a written record of all hospitality or gifts accepted or offered. All such records will be subject to Company review.
  • Ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with Company Expenses Policy.

Individuals’ (and/or someone on their behalf) MUST NOT:

  1. 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 or to facilitate a government procedure.
  2. Accept payment from a third party that you know or suspect is offered with the expectation of providing a business advantage to them or providing a business advantage to the Company.
  3. Cause any detriment to another worker who has refused to commit a bribery offence or who has raised concerns under this policy.
  4. Engage in any activity that might lead to a breach of this policy.

 

The Meaning of ‘Bribery’

The offence of bribery is defined in sections 1 and 2 of the Act. It can be summarised as follows:

  • Offering or giving “a financial or other advantage” to induce another to improperly perform a “relevant function or activity” or to reward them for it.
  • Requesting or receiving “a financial or other advantage” in order that a “relevant function or activity” or activity is performed improperly.
  • A “financial or other advantage” includes not only payments of money but also other gifts and benefits.
  • An “improper performance” means actions which would breach the expectation of what a reasonable person in the UK would expect in relation to that particular activity or function.

A “relevant function or activity” is defined in wide terms. It can be summarised as follows:

Any public, business or employment related activity or function which is required to be performed in good faith or impartially or in a position of trust. This includes activities or functions which have no connection with the UK or are performed outside the UK.

For ease of understanding only, the legal definition of bribery can be simplified as ‘any benefit which is given or received to induce an improper performance of a company related activity’.

Breach of this Policy

Breach of this policy will lead to disciplinary action which could result in dismissal for gross misconduct and/or termination of any contractual relationship. In the event of a bribery incident Effective Energy would contact the police and assist with their investigations.