Gifts and Hospitality Policy

Transcription

1 Gifts and Hospitality Policy 1. Introduction In line with Aspire Sussex s Code of Conduct, all Board members and Aspire Sussex staff should conduct themselves with integrity, impartiality and honesty. Aspire Sussex expects you to maintain the highest standards of propriety and regularity at all time. Your work may involve contact with outside companies or organisations where it is normal practice to offer hospitality or gifts in order to improve working relationships or contacts. However the standards of behaviour expected in the charity sector are more stringent than in the private profit making sector. The following guidelines support the principles set out above by giving the best practice policy for all staff of Aspire Sussex in connection with their duties. Great care should be taken to ensure that the acceptance of gifts and hospitality from any source will not give rise to embarrassment to Aspire Sussex. You should not be accepting gifts and hospitality for just doing your job. The guidelines deal with: Gifts Hospitality Guest speaker fees/expenses or sponsorships All decisions by Aspire Sussex staff on the provision or acceptance of gifts and hospitality must be able to withstand both internal and external scrutiny. They must be defensible as being in the direct interest of the organisation, as being proportionate to that interest and within limits that are acceptable to the Board. 2. Scope & Policy Statement This policy applies to all Aspire Sussex staff. The policy of Aspire Sussex is to ensure that the actions of staff of Aspire Sussex will not give rise to, or foster suspicion that outside individuals or organisations have gained favour or advantage, by any member of staff accepting gifts or hospitality from any such person or organisation. It will ensure that staff do not abuse their official position for personal gain and do not seek to advantage any private business or other interests in the course of their duties. This Gifts and Hospitality policy will be reviewed periodically by the Nominations, Remuneration and Governance Committee.

2 3. Gifts It is possible you could be offered gifts during the course of your work. You should report all offers to your line manager who will note the value. This will enable trends to be monitored and any concerns raised with the Executive Team if necessary There are occasions when learners wish to pass small tokens of appreciation to tutors e.g. at Christmas or as a thank-you and this is acceptable. However, it is unacceptable to receive gifts on a regular basis or of any significant value. The following gifts are examples of items which may be accepted without being recorded: Pens, diaries, calendars, tea/coffee mugs that are of low monetary value (i.e. less than 15) and can be used in the individual s work or the work of their team. This list is indicative, and not intended to be exhaustive. 4. Refusing or Returning a Gift You should normally refuse or return a gift if any of the following applies: the gift is cash or something considered a cash equivalent, for example a gift token, regardless of the amount, the individual has direct involvement or could be perceived to have direct involvement in decisions affecting the giver, for example, award of a contract or a decision relating to a particular beneficiary of the charity. If returning a gift would cause embarrassment it may be surrendered to the Head of Finance who will ensure that the amount offered is donated to an appropriate local charity. 5. Accepting a Gift You must not accept gifts personally but on behalf of the Board of Aspire Sussex. If you personally accept a gift you may incur a tax liability and will be responsible for settling with the HM Revenue and Customs (HMRC) direct. As you accept gifts on behalf of the Board of Aspire Sussex, this should be reflected in any thank you letter. In this situation you won t face any personal tax liability. 6. Approval of acceptance All gifts and hospitality over require line manager approval prior to acceptance

3 7. Giving of Official Gifts As a charity, Aspire Sussex has a duty to its beneficiaries and how it spends its finances. Therefore the proposal to make gifts is restricted to the positions of Chair and Chief Executive. Providing token gifts in these circumstances is only acceptable where: the circumstances appear appropriate the individual value of the proposed gift is considered to be of a token nature, that is, no more than 25 the volumes involved are reasonable and defensible. All such gifts are entered on the Gifts and Hospitality Register held by the Clerk to the Trustees. Details will include: the date of the gift and purpose to whom given and why the gift is considered appropriate the value of gift(s) a description of gift(s) the approver (Chair or CEO) and approval date whether the gift was accepted or rejected 8. External Awards & Prizes There will be occasions where employees might receive an offer of an award or prize from an outside organisation in connection with their official duties. Staff must liaise with their line manager who will decide whether the gift can be retained. The individual will normally be allowed to retain the award or prize offered provided it is of a token nature, offered in recognition of personal achievement (e.g. linked to an outstanding examination result), and there is no risk that the public could perceive it as either a gift or an inducement. 9. Accepting Hospitality It is important that employees are, and are seen to be, both independent and not influenced by the acceptance of hospitality. Consideration will also need to be given as to whether just attending an event may be open to interpretation as a signal of support. Where hospitality is offered a judgement will need to be made most importantly, whether there is a benefit to Aspire Sussex as a charity in the acceptance of the invitation. It is permissible to accept normal hospitality - such as working lunches or other meals when official business is conducted and it is a reasonable means of doing an effective job. However, hospitality that is regular, disproportionately prolonged, or overly lavish must not be

4 accepted. All offers of hospitality over and above working lunches must be reported to a member of the Executive team, who can advise on how the policy applies. The Clerk to the Trustees will need details to record on the Gifts and Hospitality Register as follows: the details of event the value, estimated if not known the details of organisation making the offer the name of employee involved the name of the approving Executive Team member, including when the event was discussed and, if appropriate, approved whether it was accepted or rejected Remember, accepting offers of hospitality or gifts could: raise questions of impropriety raise suspicions of conflict of interest involve criminal liability If there is any doubt about what is proper in the circumstances: err on the side of caution if the individual would feel uncomfortable if it became public, they should decline; consult an Executive Team member for clarification Finally, conduct must not raise suspicions of any conflict between the official work of the charity and private interests. In addition, actions in an official capacity must not give the impression to the public, colleagues, stakeholders or potential suppliers that they have been influenced by a gift or hospitality. 10. Hospitality & Procurement Any Aspire Sussex employees, consultants and contractors engaged in a procurement process at any stage or during a contract decision making process must disclose any form of personal interest in a supplier or potential supplier which may influence, or be seen by others as influencing, an employee s impartiality. They must also seek to avoid situations which may lead to conflicts of interest or allegations of impropriety (as this would also be damaging to Aspire s charity status). 11. Giving Hospitality Individuals may offer hospitality over a working breakfast/lunch/dinner at a reasonable and modest cost, acting professionally and incurring expenses as appropriate to the event. However you must obtain approval in advance from a member of the Executive Team. Executive Team members should seek approval from the Chief Executive. Hospitality provided by the Chief Executive whilst conducting official duties will be logged and details provided to the Board.

5 To claim back the cost, an expense claim must be completed for the total, including the cost of the individual s own meal. For Aspire Sussex employees, this should be authorised by the appropriate line manager or member of the Executive Team and must be accompanied with the relevant receipts. If there is any doubt about what is proper, the following should apply: err on the side of caution if the individual would feel uncomfortable if it became public, they should decline consult a member of the Executive Team for clarification if approval is given, a brief note should be attached with the expenses claim form, recording that the issue of propriety has been addressed. 12. Alcohol The provision of alcoholic drinks using charitable funds is a very sensitive issue and they may only be provided with the express prior written permission of the Chief Executive who will ensure that alcoholic drinks are served only in exceptional and narrowly defined circumstances. A submission to the Chief Executive will be required setting out the relevant business reasons and costs; approval will be provided in writing. Anyone seeking to provide alcoholic drinks on Aspire Sussex s behalf should first seek advice from a member of the Executive Team. 13. Guest Speaker Fees/ Expenses or Sponsorship If an employee is asked to speak at a conference on behalf of Aspire Sussex they must inform the Executive Team before accepting. Executive Team members require the Chief Executive s approval. Offers of fees for speaking engagements are acceptable provided that it is clear that any payments are made directly to Aspire Sussex and not the individual concerned. Where the payment for a speaking engagement is a gift of any description, the usual rules on accepting gifts apply and will be recorded in the Gifts and Hospitality Register. 14. Sponsorship Aspire Sussex will be inviting sponsorship from private organisations as part of its fundraising activities through Executive Team (or if applicable Board) approved arrangements. Proceeds from any such sponsorship will be used for the purposes of income support for Aspire s charitable activities.

6 However employees and their families are not permitted to receive personal direct sponsorship from third parties providing or tendering for services, works or supplies to Aspire Sussex or in respect of any services in relation to the set up or running of Aspire Sussex. Aspire Sussex does not make political donations and no commercial sponsorship of political party activity can be undertaken by Aspire Sussex employees. 15. Reporting Timetable The Clerk to the Trustees will maintain the Gifts and Hospitality Register and provide a copy at the end of the Financial Year to the Board.