Contents
1. Introduction
2. Purpose and scope
3. Board statement
4. Policy
5. Accountabilities, reporting and non-compliance
5.1. Accountabilities
5.2. Reporting
5.3. Non-compliance
6. Requirements for third parties
Appendix 1. Glossary
Appendix 2. Legal and regulatory background
1. Introduction
This policy sets That Little Agency’s (TLA) stance on the implementation and management of anti-bribery and corruption measures across the business in accordance with the Risk Appetite and the UK Bribery Act 2010.
Bribery and corruption can significantly harm the interests of the end customers and the Business Partners. It may also detrimentally impact the integrity of the broader markets in which TLA operates.
TLA acts with the highest standard of integrity and honesty in all it does. Adherence to anti-bribery and corruption best practices, governance, controls, and compliance are essential to TLA’s business principles.
This policy sits within the broader range of corporate values, policies, standards and guidance, which collectively set out the expectations of how TLA operates, the conduct expected of our employees and the processes and procedures that must be followed to ensure TLA adheres to legislation and regulation.
The following documents are of specific relevance and integral to this policy:
- TLA’s Employee Handbook
- Ethical Code of Business Conduct
- Anti-Bribery and Corruption Guidance
2. Purpose and scope
This policy outlines the core requirements that TLA businesses and our employees must comply with to adhere to anti-bribery and corruption legislation.
This Policy applies to outsourcing within TLA and external third parties, including partnerships, joint ventures and suppliers. There are no exceptions.
The main piece of legislation is the UK Bribery Act 2010, and this applies to:
- bribes in the UK
- bribes abroad if the person is resident or incorporated in the UK all British citizens/nationals wherever they are resident (including Channel Islands and the Isle of Man)
- conduct of third parties (e.g. overseas agents and suppliers).
Further information on UK law and the legislation that applies in the principal jurisdictions in which TLA operates can be found in the Anti Bribery and Corruption Legal Framework.
3. Board statement
Founder and Director made the following statement:
“TLA does not tolerate the direct or indirect offer, payment, solicitation or acceptance of bribes. The Board understands the importance of setting the right culture from the top of the company and embedding the correct values throughout the business. The Board also understands its responsibility to ensure that management, employees and any relevant external stakeholders know TLA’s policy and our zero tolerance of bribery.
We regularly update these procedures, controls, and risk criteria to ensure they remain consistent with applicable laws, regulations, and best practices. They also take into account the findings of internal and external reviews. Particular focus areas include ongoing bribery and corruption risk assessments, continued strengthening of due diligence procedures and articulated policy requirements.”
Mark Beavan, Director
That Little Agency Limited
4. Policy
TLA has a zero-tolerance approach in respect of bribery and corruption. Bribery and corruption include the following activities:
- Offering, promising or giving a bribe, which provides for facilitation payments and “kickbacks” (active bribery)
- Requesting, agreeing to receive or accepting a bribe (passive bribery)
- Acting as an intermediary (i.e. facilitating an act of bribery); and
- Bribing public officials.
Bribery is “the offering, promising, giving, accepting or soliciting of any fee, gift, reward or other advantage as an inducement to do something in the conduct of the TLA’s business, which is illegal, unethical or a breach of trust”.
Facilitation payments are illegal under the Bribery Act. However, the Ministry of Justice Guidance includes a defence of duress in the case of payments made to protect “life, limb or liberty”.
The safety of TLA employees is of primary concern, and when travelling abroad, an employee should never refuse to make a payment if faced with a threat or fear of violence or loss of liberty.
TLA is an apolitical organisation, and donations (financial or in-kind) to political parties, individuals or campaigns are not permitted. Employees are not allowed to make any political contributions on behalf of TLA. Any exception is a matter for consideration by the Board of TLA.
All sponsorships and charitable donations must be approved in line with the normal purchasing procedures. Due diligence must be carried out on recipient bodies to ensure that no undue business advantage is gained.
Gifts and hospitality may be offered or accepted only following the Gifts and Hospitality policy and recorded on the appropriate registers.
If associated third parties commit bribery, TLA may be liable for bribery carried out by business partners, agents, or joint ventures.
In these circumstances, the only defence is to demonstrate that TLA has “adequate procedures” in place to prevent bribery and corruption. These include, but are not limited to:
- Involvement of the executive management (the “tone from the top”)
- Regular, informed and documented risk assessments of the nature and extent of bribery-related risks facing businesses
- Due diligence on existing and prospective third parties, including assessing the “jurisdictional risk” for the territory they operate.
- Governance around the business relationships with all other associated persons, including pre- and post-contractual agreements
- Ensuring that bribery prevention policies and procedures are embedded and understood through communication (including training) that is proportionate to the risks
- Policy and controls around the provision of gifts, hospitality and promotional expenditure, charitable or political donations, sponsorships or demands for facilitation payments
- Employment vetting and screening
- Reporting of bribery, including via TLA’s “Speak Up” policy
- Documented decision-making and avoidance of conflicts of interest
- Financial and commercial controls, such as approval of expenditure
- Monitoring, review and evaluation of bribery prevention controls.
TLA has adopted a risk-based approach to managing bribery and corruption, recognising that the threat posed varies across the jurisdictions, the business sectors in which it operates, and the nature of the business transacted.
TLA is committed to ensuring that no one suffers any detrimental treatment due to refusing to take part in bribery or corruption or because of reporting in good faith their suspicion that an actual or potential bribery or corruption offence has occurred or may occur in the future.
All employees discuss this Anti-bribery and Corruption Policy as part of their onboarding process. All records relating to compliance with this policy must be retained for six years.
5. Accountabilities, reporting and non-compliance
5.1. Accountabilities
The accountabilities and responsibilities associated with this policy are:
Senior management is responsible for completing the anti-bribery and corruption risk assessment, identifying the business’ risk exposure and implementing appropriate controls to mitigate the risks and ensure compliance with this policy and Bribery and Corruption legislation.
The overall ownership of this policy rests with the Managing Director and the Board. They control any amendments this policy requires due to changing internal and external needs.
5.2. Reporting
All significant bribery and corruption incidents must be reported to the Managing Director and Board. All incidents will be reviewed, and appropriate reporting will be made to the authorities if necessary. Concerns can also be raised through our “Speak Up” mechanism.
5.3 Non-compliance
Infringement of this Policy may have profound implications for the reputation of TLA, including adverse regulatory and media comments and the possibility that criminal or civil penalties may be levied. Non-compliance with this policy may result in disciplinary and/or criminal proceedings against an employee.
Requirements for third parties
Third parties, such as suppliers, agents, or anyone engaged by them to act for or on behalf of TLA, must not:
- Offer, give, request, agree to receive or accept a bribe
- Do anything to circumvent controls to deter, prevent or detect bribery.
Third parties must ensure that in respect of the activities carried out for or on behalf of TLA, their controls and processes are:
- Proportionate to the bribery risk
- Communicated to all relevant parties
- Reviewed regularly to ensure they are up to date and reflect current legislation and good practice.
To the extent permitted under applicable law and in accordance with contractual requirements, third parties must, as soon as reasonably practicable, notify TLA if a person acting on its or TLA’s behalf is suspected of bribery or corrupt practices or prosecuted, charged with or convicted of any bribery-related offences.
All appointments of third parties require prior approval of the Managing Director and the Board, who will review the business case for their appointment and conduct proportionate due diligence.
TLA has a right to terminate a contractual relationship in the event of third parties paying bribes or acting in a manner inconsistent with this policy.
Appendix 1. Glossary
Some words and phrases have particular meanings in this policy, as set out below.
Bribe. A financial or other advantage or benefit offered, promised, given or received by an individual. This may include cash payments or undue advantages in considering a contract or tender award. Gifts, invitations to corporate hospitality and entertainment events, or costs of expenses to attend conferences may also come under this category, provided there is the necessary intention to bribe/accept a bribe.
Bribery. The offering, promising, giving, accepting or soliciting of any fee, gift, reward or other advantage as an inducement to do something in the conduct of TLA’s business which is illegal, unethical or a breach of trust. Inducements can be gifts, loans, fees, rewards or other advantages (taxes, services, donations, etc.)
Charitable donation. Supporting a charity or not-for-profit organisation with money, goods or services.
Corruption. The abuse of entrusted power for private gain.
Business Partner. A party with whom TLA has contracted to provide services on an outsourced basis or with whom TLA has entered a joint venture agreement.
Detrimental treatment. Dismissal, disciplinary action, bullying, victimisation or other unfavourable treatment connected with raising a concern.
Employees. TLA directors, employees, temporary workers and contractors; full-time, part-time and fixed term.
Facilitation payment. A small bribe, also called a “facilitating”, “speed”, or “grease” payment, is made to secure or expedite the performance of a routine or necessary action to which the payer has legal or other entitlement.
Kickback. A form of bribery in which a proportion of the sales value from the award of a contract is illicitly paid to the person responsible for awarding the contract.
Public official. A person, whether elected or appointed, who holds a legislative, administrative or judicial position. Examples include employees of government bodies (including local government and police force), persons holding public office, employees of regulators (e.g. FCA, HMRC), and officials or agents of a public international organisation, such as the United Nations or the World Bank.
Senior management. Managers with responsibility for the conduct of TLA’s business.
Sponsorship. Supporting an organisation or activity by giving money or other non-financial help.
Third parties. Examples include, but are not limited to, prospective or actual business partners, in-country agents, suppliers, agents, consultants, sub-contractors, joint ventures, and legal advisers.
Appendix 2. Legal and regulatory background
The main piece of legislation in the UK is the Bribery Act 2010, which details the following offences:
- Active bribery. Offering, promising or giving a bribe
- Passive bribery. Requesting, agreeing to receive or accepting a bribe
- Bribery of a foreign public official to retain or obtain business or an advantage in the conduct of business
- Corporate liability offence for failing to prevent bribery on behalf of a commercial organisation.
The EU Public Contracts Directive 2014 sets out the legal framework for public procurement. This directive was implemented in the UK by the Public Contracts Regulations 2015. Suppliers can be excluded for up to 5 years due to bribery and corruption issues.
The Serious Fraud Office is a prosecuting authority (not a regulator) whose statutory remit is to investigate and prosecute the most serious or complex fraud, including bribery and corruption.
The Financial Conduct Authority (FCA) rules also require that regulated firms “must establish, implement and maintain adequate policies and procedures sufficient to ensure compliance of the firm including its managers, employees and appointed representatives with its obligations under the regulatory system and for countering the risk that the firm might be used to further financial crime” (SYSC 6.1.1R). Financial crime risk includes the risk of corruption and bribery, which is broader than the Bribery Act’s scope.
The FCA’s “Financial Crime – a Guide for Firms” includes best practices (in particular, Part 1 – sections 2 and 6 and Part 2 – sections 9 and 13) in establishing appropriate bribery and corruption controls.
Declaration
This statement was last reviewed, updated and approved on 31st January 2025.
