People - Self Coaching - Gift & Hospitality Policy

Gift and Hospitality Policy

This policy forms part of the contractual part of american golfÕs Colleague Handbook. We will review this policy from time to time.

Gifts and hospitality are commonly offered in business contexts to build goodwill and show appreciation for commercial relationships. Gifts and hospitality include anything of value given or received for personal use as the result of a business relationship and for which the recipient does not pay fair market value.

What is a bribe?

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

What is the law governing bribery?

The Bribery Act 2010 is part of the UK Governments commitment to eradicating commercial bribery and makes it an offence to offer, promise or give a bribe.  It is also an offence to request, agree to receive or accept a bribe.

Why does american golf have a Gifts and Hospitality Policy?

It is our policy to conduct our business in an open, honest and transparent way. We do not condone the use of corrupt practices or acts of bribery to obtain an unfair advantage.  We adhere to the highest ethical standards, reflected in every aspect of the way we operate.

The purpose of this policy is to set out our responsibilities, and of those working for us, in observing and upholding our position on bribery and corruption; andprovide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.This policy applies to all individuals working at all levels and grades, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, casual workers and agency staff, or any other person associated with us.

Are any gifts or hospitality provided acceptable?

This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable. The intention behind the gift should always be considered. If you are in any doubt, seek the guidance of HR.

What is not acceptable?

It is not acceptable for you (or someone on your behalf) to:

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;give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to 'facilitate' or expedite a routine procedure;

2.   accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;

3.   accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;

4.   threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or

5.   engage in any activity that might lead to a breach of this policy.

What does american golf expect from its employees?

You must always conduct business in an open, honest and transparent way and be alert to attempts to influence you inappropriately or to engage in/facilitate bribery. This is especially relevant to those procuring goods or services or dealing with third parties on our behalf. For instance, excessive hospitality or gifts may be offered to facilitate business dealings.  You must not accept any inducement designed to influence you inappropriately in the performance of your job.  Do not accept gifts from clients, suppliers, etc with which we do (or might develop) business; this avoids any misunderstandings or allegations of impropriety. Accepting a gift which influences or seems to influence your actions or decisions on our behalf may do this. Look out for potential red flags such as 3rd party recommended by public official, unusual payment or terms or excessive fees/compensation. Use a common sense approach and if you are in doubt seek advice.

What action will american golf take if employees breach the Gifts and Hospitality Policy?

We are committed to this policy and apply a 'zero tolerance' approach to acts of bribery or corruption by staff.  Breaches of this policy are viewed as serious misconduct. Following investigation this may lead to disciplinary action up to and including summary dismissal for gross misconduct.

What are the implications of breaching the Bribery Act 2010?

There are serious consequences which could include;

●     Imprisonment for individuals committing the offence up to 10 years

●     Unlimited fines for individuals and the business

●     Senior staff who were aware of the bribes may also face penalties

●     Fines imposed on individuals will not be paid by american golf.

●     A violation can also result in disciplinary action

People - Self Coaching - Gift & Hospitality Policy

Gift and Hospitality Policy

What is american golfÕs accountability?

 

We will provide training to all existing employees and new employees at induction. We have a ÔGifts LogÕ on Clubhouse where all gifts and hospitality (offered, given or received) must be logged.

 

What should I do if I am concerned that someone is in breach of the Gifts and Hospitality Policy?

 

If you are in doubt or you have any suspicions, you must seek advice from your Line Manager, an independent Senior Manager or HR. You could contact the Confidential Helpline on 01925 488494.

 

How do I get Director authorisation to accept a gift or hospitality?

 

You will need to send an email to the relevant Director making the request. If they respond by authorising the product you will need to make a record on Clubhouse on the ÔGifts LogÕ and keep a copy of the email as proof of authorisation.

 

Practical guidance on what is and is not acceptable is provided below:

Acceptable (with Director authorisation & declaration on Clubhouse)

Unacceptable

Going out for business lunch or dinner with business contacts where you or the contact may pay

Paying for lunch and dinner for business contacts unaccompanied by you or receiving lunch or dinner unaccompanied by the person paying

Provision or receipt of flights, taxis or other transport services to facilitate a meeting or on site visit

Provision or receipt of flights, taxis or other transport services to facilitate non-business related activities, such as paying for holidays

Provision or receipt of tickets to sports or other cultural events, accompanied by you and the provider

Tickets to sports or other cultural events, unaccompanied by you or the provider

Taking business contacts on a golf day with members of your organisation or being taken on a golf day with a business contact

Flying business contacts unaccompanied overseas for example a golf holiday or being provided with an overseas flight or holiday

Gifts such as corporate pens, calendars etc can be given or received

 

Giving or receiving of lavish gifts such as expensive watches, cars,

The receipt or provision of Demo golf equipment to test – short term

Giving or receiving of golf equipment

 

Free Product: (all categories)

●     Any free product given or loaned must be authorised by a Director and logged on Clubhouse. One free product may be used to test once authorised.

●     Personal Christmas gifts may be accepted on behalf of the business and will be collated by HR for business use/fair allocation.

●     Free products may be accepted for business use; all samples must be logged on clubhouse.

 

Business trips & hospitality: (paid by company or supplier)

●     All business trips must be approved by your Line Manager and authorised in advance by the CFO. The duration of trip should be appropriate and consistent

 

 

RSC attendance at retail events:

●     Attendance is limited to two colleagues per event, unless expressly permitted by a Director.

●     Holidays must be taken for time out of the office

●     No expenses can be charged back to american golf.

●     No more than one event per year

 

Christmas Gifts:

●     No personal gifts to be accepted, any gifts to be collated by HR for fair distribution.

 

Charity Donations:

●     It is acceptable to accept products from suppliers to be used for charity activities.

People - Self Coaching - Gift & Hospitality Policy

Gift and Hospitality Quiz

It is only an offence under the Bribery Act 2010 to give a bribe

True

False

The Bribery Act 2010 only applies to the buyers at american golf

True

False

Is it acceptable to accept products from suppliers that are to be used for charity activities?

Yes

No

I can keep ÔChristmas giftsÕ given from suppliers.

Yes

No gifts must be given to HR to distribute fairly

If I am given a sample from a supplier, can I keep it for personal use?

No

Yes

If you are concerned that someone is in breach of the Bribery Act 2010, you should:

Inform HR

Inform a Senior Manager

Inform your Line Manager

All of the above