Home Retail Group plc
Gifts and Hospitality Policy
Gifts and Hospitality Policy
Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 1 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
Gifts and Hospitality Policy
Introduction Positive, healthy business practices often include giving and receiving appropriate gifts and hospitality. They develop and maintain positive and constructive business relationships and can be great things to receive. We believe you should have the choice to accept gifts and hospitality that are appropriate, i.e when they are proportionate in the context in which they are offered and when they do not create any sense of expectation or obligation on the person receiving the gift or hospitality. This • • •
policy: Makes it simple to accept appropriate offers of hospitality or gifts. Supports you when you need to say no thanks to an offer. Explains what you should do to offer gifts or hospitality.
Who does this policy apply to? This policy applies to all Home Retail Group employees together with any consultants, contractors or agency workers working for any company in the Group (called ‘you’ or ‘colleagues’ in this policy) in the UK and the Republic of Ireland.
What is covered by this policy? What gifts are covered by this policy? Any goods or services offered to you (including to your family/friends) without cost or at a preferential rate. It does not matter whether the offer is made to you personally or as a member of a team. Small value (i.e worth no more than £5) branded goods handed out to colleagues generally, for example at catalogue launch or other promotional events organised by us will not require any action under this policy. Further information for our trading functions: A sample of product given to you to trial in the course your role, which is relevant to the product(s) or categories of product(s) for which you are responsible for selecting for our business will not be a ‘gift’ for the purpose of this policy for as long as you are trialling it. However, once you have completed the trial, if you keep it for your personal use it will become a ‘gift’ and you will need to take action under this policy.
Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 2 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
What is ‘hospitality’ covered by this policy? Invitations to attend events which have a social element (whether or not they are at the same time as or linked to a business meeting) and where the cost of your ‘ticket’ (participation) is free of charge or reduced in price when otherwise there would be cost attached to it. Educational courses that are offered by third parties without charge do not amount to hospitality (but free places on courses that would otherwise attract a charge will be covered by this policy). Supplier-funded trips Travel/accommodation that is funded by suppliers is covered by this policy as a form of ‘hospitality’, but is recognised to be a part of day to day business for our Trading functions. Follow the usual logging process under this policy before travelling on trips organised by our suppliers. Also, always remember to log your trip with International SOS so we can contact you easily in the event of an emergency.
Receiving gifts and hospitality What to do when you receive a gift or an offer of hospitality 1) Log it Use our on online form to log gifts offers of hospitality quickly and easily. Log everything, even if you do not propose to accept it – this gives us transparency over the offers we receive. 2) Decide whether you wish to accept it: Using this policy and your judgment. What about donating the gift to charity? You may wish to consider donating gifts to our corporate charity. Contact the Corporate Social Responsibility Team to check what is feasible. What about sharing the gift with your team? Many teams have practices to share out gifts, particularly at different times of the year. If you are new to the business or your team, talk to your manager to see how your team works. 3) Request authorisation (when you need to) to accept the gift/go to the event If you have decided that you would like to accept the offer, the online system enables you to request authority from your line manager at the same time as logging it. When do I need authorisation? You will need authorisation when: Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 3 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
• • •
Gifts and Hospitality Policy
The gift or hospitality is worth more than £50: If it is worth more than £500 it will need to be authorised by a director. You have already received more than 2 gifts or invitations from the same organisation (or in respect of the same project/transaction) in the last 12 calendar months (whether or not you accepted them). It is on the ‘to be avoided’ list (see below).
Attending the hospitality event Enjoy it! Hospitality events often give you the opportunity to have new experiences. Remember you are acting as our ambassador and take usual common sense precautions to keep yourself safe, particularly at night or somewhere unfamiliar to you. Do I need to use holiday to attend the event? Employees do not need to take holiday: • to go on a hospitality event that lasts one day; or • if you are away from your normal workplace for more than one day but the trip has a combination of hospitality and business meetings. We will expect you to use holiday for hospitality that lasts for more than one day (including days travelling to/from the event) unless it is culturally unacceptable to mix business and hospitality and your manager authorises your absence from work in advance. Consultants’/contractors’ and agency workers’ absence will be dealt with according to their terms of engagement. Capture the business benefits When you come back, take time to capture how attending the event has furthered your relationship: Have you met anyone new? Have you understood more about the organisation or your contact? How will your greater understanding improve your business relationship? How are you going to share this information for the benefit of your team?
Our approach to gifts and hospitality You may choose to accept offers that are appropriate according to your judgment and (where needed) you have your manager’s authority to do so. Any gifts or hospitality events you propose to give must also be appropriate and must always be authorised in advance according to this policy. Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 4 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
When is a gift or hospitality ‘appropriate?’ It is appropriate when: •
You give or receive it in a way that is transparent. You achieve this by completing our on-line reporting tool (for gifts you receive) and have a director’s approval for gifts/hospitality you propose to give.
•
It is proportionate to the relationship you have with giver/recipient. This policy helps you decide this – see below.
•
It gives you the opportunity to further the business relationship with the giver/recipient. You should consider the impact of the time away from work on what you are responsible to deliver – would this outweigh the business benefits of attending the event? If so, it may not be appropriate to accept it.
•
It does not give you a sense of obligation to do something differently or improperly: Or, if you are the giver of the gift, you are not expecting anything to be done improperly in return.
•
It is not on the ‘not to be accepted/given’ list: i.e the list of gifts or hospitality that must neither be offered nor accepted.
•
If it is on the ‘to be avoided list’: i.e the list of gifts or hospitality that it is usually unacceptable to give or receive, you have received advance sign off from a director.
the
Deciding whether something is ‘proportionate’? Consider the circumstances surrounding the offer: •
Is it of high value or ‘lavish’ (or could be described in that way)?
•
Is it offered at time when you are making (or involved in making, or could influence or affect) business decisions affecting the giver of the gift/host at the hospitality event?
•
Is this offer one of a number supplier/transaction/circumstances?
arising
from
the
same
If any of these are a feature of the offer, this points towards a disproportionate gift or hospitality event. •
Are there any other circumstances that would raise a question mark about the appropriateness of this gift/offer of hospitality?
Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 5 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
Proportionality is not an exact science; it is a question of looking at all the circumstances. Try asking the question: ‘how would I feel if it was reported in the newspaper?’ The ‘not to be offered/accepted list’ We have a small list of types of gifts or hospitality that must not be accepted (or offered). We have this list to protect our colleagues and demonstrate our commitment to our anti-bribery policy. The items on this list could all give rise to the suggestion that an inappropriate obligation arises from it being received (or given): •
Cash, or vouchers exchangeable for cash
•
Goods not (or not yet) available on the open market (note for our Trading functions: that this does not cover products you are given to trial – see above).
•
Goods that it would be illegal to have in either the UK or in the country in which it is offered
•
Multiple items given to one person (i.e where one person would not have a personal use for so many. This is not the same as multiple items that are given to a team to share between them)
•
Gifts to someone other than yourself, unless for the benefit of you and your immediate family (your partner and children).
These types of hospitality should also never be accepted for the same reason: •
‘Standing’ offers – ‘use my villa/corporate box etc. whenever you want to’
•
Hospitality offered to you plus anyone immediate family or another colleague.
•
Hospitality offered to anyone other than yourself where you will not be present.
other
than
your
Where you are authorised by a director to offer hospitality, it must not be of an open-ended nature; nor must it be offered to someone other than your contact (or contact and their immediate family). Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 6 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
What is the logic behind the ‘not to be accepted/given list’? They could create a suggestion that the recipient is expected to do something for the giver in return. The ‘to be avoided’ list In this list are gifts and hospitality events that you must not offer and you may not accept without your functional director’s approval in advance. • •
•
•
Events hosted by political parties or religious groups Trips to strip/lap dancing clubs (or similar). As an equal opportunities employer we do not consider visits to such clubs in the course of your employment to be in line with our values. Exceptional circumstances would need to exist for a director to approve your acceptance of an offer to visit a club of this type. The opportunity to purchase goods or receive services at a preferential rate not made widely available to anyone else in the Group. This does not mean an opportunity offered openly and widely to a team or an opportunity to take advantage of a staff shop. Gifts or hospitality to ‘officials’ (i.e representatives of governments – in the UK or overseas) Gifts/hospitality to or from government officials can create an impression of an inappropriate expectation/obligation and therefore must not be accepted (or offered) without a director’s prior approval. Remember that ‘facilitation payments’ are not permitted under the Bribery Act and are prohibited by our Anti-Bribery Policy. Facilitation payments are defined as “small payments made directly or indirectly to secure or speed up the performance of a routine action or to avoid bureaucratic delays, for example the issuing of permits by public officials or for goods clearing customs”. You must ensure that any offer of a gift or hospitality never amounts to a facilitation payment. See our Anti-Bribery Policy for more information.
Giving gifts or hospitality Gifts of any kind, however small in value and hospitality must only be given with a director’s prior written approval, must be appropriate and must not be on the ‘not to be offered/accepted’ or ‘to be avoided lists above. You should also ensure any hospitality is provided according to the terms of our Expenses Policy (see the section ‘Entertaining Third Parties’). Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 7 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
Giving a gift/hospitality outside this policy (even if you do not claim expenses) will amount to a breach of this policy and could give rise to disciplinary action.
Roles and responsibilities under this policy Responsibilities under this policy As a colleague, you: • Are open about offers of gifts and hospitality by logging them according to our system; • Use your judgment as to whether appropriate to give/accept an offer using the principles set out in this policy to guide you; • Get authority (where needed) for those you propose to accept; and • (where applicable) comply with the tax rules. As a manager/director, you will: • Decide whether to sign off a colleague’s request to give/receive hospitality or gifts using the principles in this policy to guide you; • Monitor the amount of gifts & hospitality being given to or by your team; • Encourage your team to ensure they identify the business benefits arising from attending hospitality events.
Difficult situations The company will always support your decision to refuse an offer of inappropriate gift or hospitality, even if this could affect a business relationship. When you are attending hospitality events your safety comes first, even if this means you need to participate in an aspect of an event that would otherwise fall outside ‘appropriate’ hospitality. Make your manager aware of the situation as soon as possible after it has occurred.
Other useful information Demonstrating our commitment to avoid bribery Our commitment to avoid bribery is clear and unequivocal in our AntiBribery Policy and our Business Principles. This policy plays an important part in demonstrating that commitment, living our values and achieving our Business Principles. Concerned about something? Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 8 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
Home Retail Group plc
Gifts and Hospitality Policy
Speak to your manager if you have any concerns about the application of this policy. If you do not feel able to speak to your manager and are concerned about malpractice, our Whistleblowing Policy gives a range of options for you raise it, including receiving confidential advice from Public Concern at Work (PCAW).
What happens if a breach occurs? If an employee acts outside this policy they may be subject to disciplinary action up to and including dismissal for gross misconduct. Consultants or agency workers may have their contract/placement terminated with immediate effect.
Status of this policy This policy takes effect from 20 June 2011 and replaces all previous versions. It is not incorporated into an employee’s terms and conditions of employment and may be changed by us at any time.
Reference: Gifts and Hospitality Policy Owner: Human Resources/Group Policy & Reward Page 9 of 9
Version number: 2 Last reviewed date: 03/0611 Effective from: 20/06/11
