Anti-Bribery Policy

To enable Hartwig Care Limited to deliver services in a way that all staff are aware that it is illegal to offer, promise, give, request, agree, receive or accept bribes. 

Key Question – Key Line of Enquiry (KLOE)

WELL-LED – W2: Does the governance framework ensure that responsibilities are clear and that quality performance, risks and regulatory requirements are understood and managed.

To meet the legal requirements of the regulated activities that Hartwig Care Limited is registered to provide:

• Fraud Act 2006
• Public Contracts Regulations 2015
• The Bribery Act 2010

This policy applies to all individuals working for or on behalf of the company at all levels and grades, whether permanent, fixed-term or temporary, and wherever located, including consultants, contractors, seconded staff, casual staff, agency staff, volunteers, agents, sponsors and any other person who performs services for or on behalf of the company, (collectively referred to as workers in this policy).

Hartwig Care Limited will ensure that all staff receive appropriate information about bribery and what is meant by bribery as defined by the Bribery Act 2010.

All staff employed by Hartwig Care Limited will sign that they have understood the policy and the implications for them.

That there are no reported incidents of bribery as defined by the Bribery Act 2010.

It is the policy of the company to conduct business in an honest and ethical manner. As part of that, the company takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships, wherever it operates, and implementing and enforcing effective systems to counter bribery.

The company 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.

The company will maintain an anti-bribery management system that complies with iso 37001:2016, anti-bribery management systems.

A bribe is an inducement or reward offered, promised or provided in order to improperly gain any commercial, contractual, regulatory or personal advantage, which may constitute an offence under the act, namely:

• Giving or offering a bribe;
• Receiving or requesting a bribe; or
• Bribing a foreign public official.

The company may also be liable under the act if it fails to prevent bribery by an associated person (including, but not limited to workers) for the company’s benefit.

The company forbids the giving and receiving of gifts, hospitality or any other benefits.

Gifts, hospitality & other benefits include:

a. Gifts, entertainment and hospitality;
b. Political or charitable donations;
c. Client representative or public official travel;
d. Promotional expenses;
e. Sponsorship;
f. Community benefits;
g. Training;
h. Club memberships;
i. Personal favours;
j. Confidential and privileged information.

(*) This does not mean giving or receiving small tokens such as a cake or a bottle of wine as a “thank-you”. However, if possible, it is best to politely say no.

The company only makes charitable donations and provides sponsorship that are legal and ethical under local laws and practices, or where they are required by the contracts in place with clients (such as local corporate social responsibilities expectations).

These are approved by the senior management team, and normally the provision of staff time & access to company facilities only, not cash or other benefits.

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 workers are required to avoid any activity that might lead to, or suggest, a breach of this policy.

Workers 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 worker which might lead to, or suggest, a breach of this policy, they should raise their concerns with the company’s compliance manager.

The company has an anti-bribery function that is authorised by the senior management to undertake proactive steps to ensure ongoing compliance to the system, legal and other requirements made. They are empowered to act independently and undertake investigations and other activity without hindrance by senior managers.

Workers are encouraged to raise concerns. Personnel will not suffer retaliation, discrimination or disciplinary action (e.g. By threats, isolation, demotion, preventing advancement, transfer, dismissal, bullying, victimisation, or other forms of harassment) for:

1) Refusing to participate in, or turning down, any activity in respect of which they have reasonably judged there to be a more than low risk of bribery that has not been mitigated by the company;
Or

2) Concerns raised or reports made in good faith, or on the basis of a reasonable belief, of attempted, actual or suspected bribery or violation of the anti-bribery policy or the antibribery management system (except where the individual participated in the violation).

The company is committed to the continual improvement of the anti-bribery management system. As such it monitors the effectiveness and reviews the performance against objectives and implementation of the system and policy at appropriate intervals, through internal audit and management review considering its suitability, adequacy and effectiveness. 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.

All workers 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.