This policy is available to download as a pdf file here.
1.1 This policy applies to all members of the University of Wolverhampton (the "University"). For the purposes of this policy, the term "member" means all members of University staff including permanent, fixed term and temporary staff, governors, students, secondees, any third party representatives, agency workers, volunteers, interns, agents and sponsors engaged with the University in the UK or overseas. This policy also applies to all members of staff employed by any of the University's subsidiary companies.
1.2 All contractors and agents acting for or on behalf of the University should be made aware of this policy, particularly during any procurement process. Reasonable due diligence must be carried out to ensure they are not acting in a way contrary to the University's policy or procedure.
1.3 Third parties acting for the University are expected to take appropriate action should it be suspected or discovered that fraudulent activity or bribery is evidence.
1.4 Any University member who is found to be in breach of this policy will be subject to disciplinary procedures. Members are reminded that fraud and bribery are also criminal offences. The University also reserves the right to seek redress via civil proceedings against individuals whose fraudulent acts or omissions have resulted in financial loss to the University. This is regardless of whether the individual was prosecuted.
1.5 This policy should be read in conjunction with the University's policies on conflict of interest, financial regulations, whistleblowing and declaration of interest.
1.6 This policy has been developed to comply with the provisions of the Bribery Act 2010 and in particular addresses the following:
This policy addresses the principles under the Bribery Act 2010.
2.1 The University of Wolverhampton does not participate in any form of bribery, fraud or corruption. The University is committed to safeguard the proper use of the University's finances and resources and operates a zero tolerance policy in respect of bribery.
This means that people acting or working for the University must never:
2.2 What are bribery and corruption?
Corruption is the misuse of public office or power for private gain or misuse of private power in relation to business outside the realm of government.
Bribery is the means of offering, promising, giving, requesting or accepting anything of value (for example, money, gifts, hospitality, favours, information, job opportunities or any other benefit or advantage) with the purpose of improperly obtaining an advantage. The University undertakes its business worldwide and this policy applies without geographical boundary.
The Bribery Act 2010 introduced four offences:
1. Offering a bribe (applies to both individuals and corporations, i.e. the University);
2. Receiving a bribe (applies to both individuals and corporations);
3. Bribing a foreign public official (applies to both individuals and corporations);
4. Failing to prevent bribery (applied to corporations only).
2.3 When and how to report
The prevention, detection and reporting of bribery is the responsibility of all members of the University.
If you are in a situation and unsure whether you are being offered a bribe or are concerned your conduct could suggest you are offering a bribe, consider the following questions:
If the answer to any of the following questions is "no" or "don't' know" then stop and seek advice from the Secretary to the Board and Director of Corporate Governance before acting.
Central to the operation of this policy is transparency in the University's business dealings. It is therefore imperative if you receive an offer that may be interpreted as a bribe, a payment or inducement this must be declared to the Secretary to the Board and Director of Corporate Governance.
If you have suspicions of a breach of the Act by others you must report this using the University's Whistleblowing Policy.
2.4 What are the consequences of bribery?
Bribery is a serious matter and a criminal offence. An individual who breaches the Bribery Act risks:
As an institution we risk, amongst other sanctions:
2.5 Facilitation Payments
The University of Wolverhampton does not make facilitation payments of any kind.
A facilitation payment is a payment of gift, often of small value, made to a public official to speed up or secure the performance of a routine, governmental action which the public official has to perform in any event. A facilitation payment is a bribe. In some countries, such practices may be seen as normal practice but under the Bribery Act, facilitation payments are illegal. In particular, staff who are performing duties intentionally must take care they do not accept or make a facilitation payment.
Even if a facilitation payment is offered and/or accepted outside of the UK, the University will still be in breach of the Bribery Act. If you are asked to make a facilitation payment or are concerned the transaction may resemble a facilitation payment, you must contact the Secretary to the Board immediately.
Hospitality, entertainment and gifts that are frequent, lavish or extravagant will be perceived to have influenced the recipient.
This policy is not designed to prevent staff from receiving hospitality or gifts but to set out clear guidance to avoid doubt and confusion. Hospitality and gifts should be both sensible and proportionate to the circumstances. The University expects you to disclose the receipt of any gift/hospitality in the course of your duties.
3.1 Giving gifts
Members of the University may not directly, or through others, offer or give any gift, hospitality, money or other thing of value to any official, employee or representative of any supplier, customer or any other organisation if doing so could reasonably give the appearance of influencing the organisations' relationship with the University. To do so could seriously damage the University's reputation and you may also be breaking the law.
Members of the University must not provide gifts to, or receive them, from governmental officials.
Members of the University may do the following:
3.2 Receiving Gifts and Hospitality
Staff must not accept any gifts or hospitality, regardless of value, which may influence or be perceived to be seen to influence situations such as examination results, validation trips, awarding of contracts, use of the University's assets or facilities or to benefit another personally or professionally.
In the course of duties, staff may find themselves in a position where they are in receipt of gifts/hospitality. In accordance with the Bribery Act 2010, received hospitality and gifts must be both sensible and proportionate.
3.3 How do I judge what is an "acceptable" gift or hospitality?
Unless you have been instructed otherwise, staff may accept the following:
Any other gift which does not fall within the above criteria should be politely declined.
3.4 What if I have no warning of the hospitality/gift?
There may be occassinos where you have no warning that a gift or hospitality will be offered.
There are some circumstances, such as overseas business trips, where to refuse a gift could cause offence to your hosts. In these circumstances, the gift/hospitality can be accepted but must be disclosed on your return.
If you are travelling overseas on a validation trip, you are not permitted to accept any hospitality or gifts. To avoid any offence being caused, you should communicate this to your hosts prior to travelling. Guidance on how to do this can be given via the International Office.
3.5 What is the procedure for disclosing hospitality and gifts?
If you are offered hospitality or gifts, the following procedure should be used.
You must:
In any event of any doubt about the probity of such hospitality, advice should be sought from the Secretary to the Board and Director of Corporate Governance.
3.6 After disclosing, can I keep a gift?
Gifts, other than those of a nominal value, must be recorded in the University hospitality and gift register.
The normal expectation is that gifts of this kind are passed to the University.
The University may either retain the gift and display it in the University (this may be the case with plaques, trophies etc) or may sell the gift and the proceeds will be donated for the benefit of students.
In exceptional circumstances a gift that is personal in nature may be retained subject to an appropriate agreement with the University.
4. Useful Contacts
Secretary to the Board and Director of Corporate Governance - Tony Lee, a.w.lee@wlv.ac.uk or 01902 322626
Finance Director - Andy Holding, andy.holding@wlv.ac.uk or 01902 322586
Approved by Board of Governors, 5th July 2012
