Radian Probity policy V1:

Transcription

1 Radian Probity policy acting honestly at work to avoid conflicts Version: 1 Approved: 14 th July Statement of Intent 1.1 Radian is committed to encouraging the highest standards of probity among employees, non-executive Board and Committee members, contractors, formally involved residents and people we support (i.e. those bound by this policy or you ). Everything we do must be able to stand the test of scrutiny, propriety and fairness. 1.2 Those bound by this policy should act impartially and without favour, and not be influenced by social or business relationships. You should not gain any inappropriate benefit from your association with the organisation and you should try to avoid situations which might create a real or perceived conflict of interest between your personal interests and your duties to Radian,or which might compromise Radian s reputation 1.3 Radian will not tolerate bribery or corruption in any form. Radian s Anti Money Laundering, Anti Bribery and Anti-Fraud policies and associated procedures cover our approach in more detail. 1.4 Failure to adhere to this policy and its associated procedures and guidance may be cause for those bound by this policy to cease their association with the Group, for disciplinary procedures to be instituted against employees, which could result in dismissal, or for contractors, the termination of a contract for goods or services. 1.5 This policy is intended to cover the following key areas of probity; 1.6 Declaration of Interest; what personal interests Radian expects you to declare, the process for making declarations, and the actions that may be taken to mitigate any conflict. 1.7 Gifts and Hospitality; the offer or receipt of gifts and hospitality from external sources, and the provision of hospitality and gifts by Radian. You will be expected to refuse offers of gifts and hospitality unless there is a clear business benefit in accepting them. The value of offers that are accepted must be within reasonable limits. 1.8 Non Contractual Payments and Benefits; a framework for controlling non-contractual benefits or payments made by Radian (i.e. things over and above your standard employment contract or terms of appointment). Associated procedures cover employment of relatives, allocation of housing, and ex-gratia payments. 2. Definition 2.1 Those bound by this policy include employees, non-executive Board and Committee members, contractors, and formally involved residents or people we support.specific Head of Governance 1 Review: July 2016

2 procedures and requirements may only apply to one or more of these groups, but all those bound by this policy are expected to have an understanding and due diligence of the general principles of this policy. 2.2 Employees should note that their contractual obligations (as detailed in their employment contract or terms of appointment) take precedence over the application of this policy and its associated procedures. 2.3 Close relationship includes but is not limited to close friendship, and relatives as defined in section 272 of the Housing and Regeneration Act 2008, or any other individual whose connection or relationship with someone would, in the reasonable opinion of Radian Group, cause a conflict of interest in relation to any of the situations set out in this policy. 3. Policy Payments for Services 3.1 Board or Committee Members will not be paid for the provision of services, other than for those agreed under the Board & Committee Member Payments Policy or members terms of appointments. In particular, Section 122 of the Housing and Regeneration Act 2008 prevents Board members, as shareholders or members of a company within Radian Group, from receiving gifts, dividends, or bonuses. Expenses 3.2 Employees, non-executive Board, Committee members, formally involved residents and people we support are entitled to be reimbursed reasonable expenses legitimately incurred carrying out duties directly connected to their involvement in the business of the Radian Group. 3.3 Expenses will be paid in accordance with the Board and Committee member expenses policy (which includes formally involved residents and people we support) or the staff expenses procedure, as appropriate, and the regulations and interpretations of HM Revenue & Customs. Benefits (including benefit and reward schemes) 3.4 Radian may only grant benefits to an employee where such benefits are permitted under his/her/their contracts of employment,where they form part of Radian s recognition and reward policy, or other HR policies, or in accordance with this policy. Provision of accommodation 3.5 Housing transfers, re-housing or applications for entry to shared ownership or other homeownership schemes for employees, non-executive Board, Committee members, contractors, formally involved residents or people we support or their close relatives, are permitted so long as a declaration is made, appropriate transfer procedures and qualifying criteria are followed. Approval should be obtained via the Non Contracutal Payment and Benefits procedure. Severance and Redundancy 3.6 Severance or redundancy payments (including payments to settle employment related disputes) that are not covered by the redundancy policy or other existing HR policies Head of Governance 2 Review: July 2016

3 are permissible under this policy as detailed in the Non-Contracutal Payment and Benefits procedure. Ex gratia payments 3.7 Social events or retirement gifts for employees may be funded within limits as detailed in the Non-Contractual Payment and Benefits procedure.extension of sick pay or payments from the Staff Welfare Fund may occasionally be granted for compassionate reasons. Other ex-gratia payments for employees may also be permitted as defined in the Non-Contractual Payment and Benefits procedure. 3.8 Formally involved residents and people we support may also be permitted to receive ex-gratia payments as defined in the Non-Contractual Payment and Benefits procedure. Employment of board or committee members/close relatives 3.9 Recruitment and selection of employees and non-executive Board, and Committee members, must demonstrably be on grounds of fair and competitive process with successful applicants chosen on grounds of merit and suitability for the post. Subject to this there is no inherent problem with employing someone who has a close relationship with an existing employee, non-executive Board, Committee member, resident, person we support, or contractor and we cannot discriminate against such applicants Declarations of interest must be sought, and approval to employ under the Non Contractual Payment and Benefits procedure must be obtained, before an offer of employment is made. Use of Radian s contactors 3.11 The offer of a contract, award of tender, or purchase of goods or services by Radian from companies where there is a close family connection to an employee, non- Executive Board or Committee member, contractor or formally involved resident or person we support is governed by Radian s procurement policy. Anyone with such a connection must not be involved in the process or manage or monitor any subsequent contract Radian may from time to time negotiate preferential rates for its employees (and formally involved residents or people we support) with retail or other commercial entities. Outside of these arrangements it is not permitted to request, negotiate, or accept private personal discounts or favours of any kind on the grounds of your (or their) association with Radian These restrictions do not prevent you contracting privately (for example with a builder for work on your house) with a person or company that happens to be a current supplier to Radian. Those affected should take care to comply with this policy failure to do so will be considered a serious disciplinary matter for employees, or breach of expected standard of conduct for non-executive board and Commitee members and formally involved residents or people we support. Gifts and hospitality - provided by Radian to third parties Head of Governance 3 Review: July 2016

4 3.14 Those bound by this policy should be aware of the risk to Radian s reputation that could arise from inappropriate provision of gifts or hospitality to third parties (outside of Radian). Gifts and hospitality should therefore only be provided when there is a clear business benefit It is illegal to offer an advantage where the intention is to either bring about the improper performance of a relevant function or activity, or to reward that improper performance. Radian s Anti-Bribery Policy may apply and should be consulted Any money spent on gifts and hospitality should be reasonable and justifiable and in line with the Gifts and Hospitality procedure Gifts and hospitality - offered by third parties to Radian 3.17 The acceptance of gifts carries the risk that the Group may breach generally accepted standards of business ethics, or regulatory expectations, and that the Group s reputation could therefore be damaged. The acceptance of gifts could be seen to create a relationship that might influence the Group s judgement. In some cases, a gift may be intended as a bribe the offering or receiving of which is a criminal offence Gifts and hospitality should only be accepted when there is a clear business benefit and their value must not be excessive. Details of what to consider when deciding with your manager what it is reasonable to accept are set out in the Gifts and Hospitality procedure It is not appropriate to solicit hospitality and those bound by this policy may not provide or receive repeated or unduly lavish hospitality to or from representatives of any other organisation All offers of gifts and hospitality made, or received (whether accepted or declined), must be entered into the Gifts and Hospitality Register. Radian will monitor the cumulative values of offers of gifts or hospitality from the same source, and of acceptances by the same person. Where either cumulative total exceeds 300, it will be drawn to the attention of the Director of Corporate Services and may be referred to the Group Audit committee. Bequests and collections 3.21 It is considered inappropriate for employees to accept bequests made in the will of a resident or person we support. Exceptions may be made in respect of bequests made to employees who are related to the donor. Guidance can be found in the Gifts and Hospitality procedure Radian reserves the right to investigate the circumstances in the event that an employee receives a personal bequest and may take action where appropriate A gift arising from a collection amongst residents (or any group of customers) intended for an individual employee or formally involved resident or person we support will normally be acceptable subject to the Gifts and Hospitality Procedure. Radian Support employees should note that acceptance of gifts arising from collections amongst people we support is subject to this policy and to the Personal and Professional boundaries policy. Head of Governance 4 Review: July 2016

5 3.24 Staff members who participate in charitable activities and fundraising events outside of work should not approach residents or other external customer groups for donations or sponsorship for these activities. If sponsorship is offered, staff members must not accept money from a customer on the charity s behalf. More information can be found in the Gifts and Hospitality procedure. Monitoring and Reporting Declaring an interest 3.25 All individuals are asked to declare any relevant interests upon application for employment or membership with Radian. Employees have a contractual obligation to accurately declare any interests when they arise. Guidance on what should be declared and how to declare is set out in the Declaration of Interest procedure. Use of electronic registers 3.26 Registers of interest are published on the Radian website summarising declarations made by: Board and Committee members Executive Team members and Senior Managers Company Secretary and Deputy Company Secretary Formally involved residents and people we support 3.27 Declarations of interest from employees are held on Radian s HR systems, and are not published Registers are kept to log all incidences of Gifts and Hospitality (whether accepted or declined) and all instances where a decision is made under the Non-Contractual Payment and Benefits procedure. These registers and associated reporting, will be managed and maintained by the GovernanceTeam. Reporting systems to relevant Committees 3.29 Registers are shared with the relevant committee on an annual basis. All involved officers have a responsibility to ensure all instances covered by the policy are recorded in the relevant register. Failure to apply the policy or breaches of the Policy 3.30 Breaches of the policy will be dealt with as set out in the associated procedures. For employees, a breach may involve a disciplinary process. For contractors, the termination of a contract for goods or services and for members of a Board or Committee, or formally involved residents and people we support, your appointment with Radian could be terminated All material breaches of this policy (and of the Radian Code of Conduct) will be brought to the attention of the relevant Committee. Significant breaches may be reported to the Group Chair, and the Group Combined Board, together with an action plan to rectify the position and avoid any recurrence. 4. Legal & Regulatory Framework Head of Governance 5 Review: July 2016

6 NHF Code of Conduct & Code of Governance 5. Links to other Policies Anti money laundering policy Anti bribery policy Anti-fraud policy 6. Related Procedures 6.1 The practical advice and assistance and the actions to be taken by employees, when dealing with issues of probity and conflicts of interest can be found in the following procedural documents. Radian s Declarations of Interest procedure (hyperlink) sets out the standards of behaviour that are expected of employees, non-executive Board and Committee Members, contractors and formally involved residents or people we support as regards the declaration of personal interests and mitigation of conflicts of interest, and the process for making declarations Radian s Non-Contractual Payments and Benefits procedure (hyperlink) sets out a process and gives guidance on the constraints within which the award of non-contractual payments or benefits is acceptable. This includes employment, allocation of housing, and ex-gratia payments. Radian Gifts & Hospitality procedure (hyperlink) sets out the process for responding to the offer or receipt of gifts and hospitality from external sources, and for the provision of hospitality and gifts by Radian to external parties and gives guidance on what is and is not appropriate. 7. Responsible Officer Head of Governance 8. Review Details Approved by (including date of approval) RARC 14 th July 2014 Review Cycle 2 yearly Date of next review July Associated Documents None 10. Appendices None Head of Governance 6 Review: July 2016