Policy 18 - Anti-Bribery and Incentives

Policy 18 – Anti-Bribery and Incentives

Excellence in Learning, Development and Training

CONTENTS Page 1

Introduction

Page 2

Purpose and Scope of the Policy

Page 3

Legal Obligations

Page 4

Policy Statement

Page 5

Responsibility for the Policy

Page 6

Acceptable Gifts and Hospitality

Page 7

What is Not Acceptable?

Page 8

Responsibilities and Reporting Procedure

Page 9

Record Keeping

Page 10

Sanctions for Breach

Page 10

Monitoring Compliance

Page 10

Training

POLICY 18 – ANTI-BRIBERY AND INCENTIVES 1

1. INTRODUCTION One of LD Training’s core values is to uphold responsible and fair business practices. LD Training is committed to promoting and maintaining the highest level of ethical standards in relation to all of its business activities. Its reputation for maintaining lawful business practices is of paramount importance and this Policy is designed to preserve these values. LD Training therefore has a zero tolerance policy towards bribery and corruption and is committed to acting fairly and with integrity in all of its business dealings and relationships and implementing and enforcing effective systems to counter bribery. We have adopted this policy to communicate this message and to assist those working for us to uphold it.

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2. PURPOSE AND SCOPE OF POLICY This Policy sets out the Company’s position on any form of bribery and corruption and provides guidelines aimed at: • ensuring compliance with anti-bribery laws, rules and regulations, not just within the UK but in any other country within which the Company may carry out its business or in relation to which its business may be connected • enabling employees and persons associated with the Company to understand the risks associated with bribery and to encourage them to be vigilant and effectively recognise, prevent and report any wrongdoing, whether by themselves or others • providing suitable and secure reporting and communication channels and ensuring that any information that is reported is properly and effectively dealt with • creating and maintaining a rigorous and effective framework for dealing with any suspected instances of bribery or corruption.

In this policy the use of the terms "we", "our" and "us" refer to LD Training.

It is important that you read, understand and act in accordance with this policy.

To whom does this policy apply?

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, seconded staff, homeworkers, casual workers and agency staff, agents, partners or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as ‘employees and associates’ in this policy).

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2 POLICY 18 – ANTI-BRIBERY AND INCENTIVES

3. LEGAL OBLIGATIONS The UK legislation on which this Policy is based is the Bribery Act 2010 and it applies to LD Training’s conduct both in the UK and abroad.

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

It is an offence in the UK to: • offer, promise or give a financial or other advantage to another person (i.e. bribe a person), whether within the UK or abroad, with the intention of inducing or rewarding improper conduct • request, agree to receive or accept a financial or other advantage (i.e. receive a bribe) for or in relation to improper conduct • bribe a foreign public official.

You can be held personally liable for any such offence.

It is also an offence in the UK for an employee or an associated person to bribe another person in the course of carrying out business intending either to obtain or retain business, or to obtain or retain an advantage in the conduct of business, for LD Training.

Bribery and corruption are criminal offences and are punishable for individuals by up to ten years' imprisonment and an unlimited fine, and if LD Training is found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation. We therefore take our legal responsibilities very seriously and expect you to do the same.

Hence, LD Training are morally and legally bound to educate and monitor employees and associates in order to prevent as far as possible any form of bribery or corruption.

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POLICY 18 – ANTI-BRIBERY AND INCENTIVES 3

4. POLICY STATEMENT All employees and associated persons are required to: •

comply with any anti-bribery and anti-corruption legislation that applies in any jurisdiction in any part of the world in which they might be expected to conduct business

•

act honestly, responsibly and with integrity

•

safeguard and uphold LD Training’s core values by operating in an ethical, professional and lawful manner at all times.

Bribery of any kind is strictly prohibited. Under no circumstances should any provision be made, money set aside or accounts created for the purposes of facilitating the payment or receipt of a bribe.

LD Training recognises that industry practices may vary from country to country or from culture to culture. What is considered unacceptable in one place may be normal or usual practice in another.

Nevertheless, a strict adherence to the guidelines set out in this Policy is expected of all employees and associated persons at all times. If in doubt as to what might amount to bribery or what might constitute a breach of this Policy, refer the matter to your line manager or to the LD Training’s Quality Coordinator.

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage. Please refer to the legal obligations section above.

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5. RESPONSIBILITY FOR THE POLICY This Policy is endorsed by the Director who has overall responsibility for ensuring it complies with our legal and ethical obligations, and that all those under our control comply with it.

The Quality Co-ordinator has primary and day-to-day responsibility for implementing this policy, and for monitoring its use and effectiveness.

Management and senior staff at all levels are responsible for ensuring those reporting to them and associates are made aware of and understand this policy.

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4 POLICY 18 – ANTI-BRIBERY AND INCENTIVES

6. ACCEPTABLE GIFTS AND HOSPITALITY This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.

The giving or receipt of gifts and hospitality is not prohibited, if the following requirements are met: You have disclosed it to your line manager in advance (where it is possible to do so, or as soon as possible afterwards); •

it is not made with the intention of influencing, inducing or rewarding a third party in order to gain any advantage through improper performance, or in explicit or implicit exchange for favours or benefits;

•

it complies with local law;

•

it is given in our name, not in your name;

•

it does not include cash or a cash equivalent (such as gift certificates or vouchers);

•

it is appropriate in the circumstances. For example, in the UK it is customary for small gifts to be given at Christmas time

•

taking into account the reason for the gift, it is of an appropriate type and value and given at an appropriate time. For example, customers are unlikely to be able to accept hospitality from us if we are participating in a tendering process with them

•

it is given openly, not secretly; and

•

gifts and / or hospitality should not be offered to, or accepted from, government officials or representatives, or politicians or political parties, without the prior approval of the Director.

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POLICY 18 – ANTI-BRIBERY AND INCENTIVES 5

7. WHAT IS NOT ACCEPTABLE? In addition to the above it is not acceptable for you (or someone on your behalf) to: •

give, promise to give, or offer, a payment, gift or hospitality with the intention of influencing, inducing or rewarding improper performance;

•

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 (where the payment is not a legitimate payment pursuant to local written law);

•

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 which will be obtained through improper performance by you or us;

•

accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with the intention of influencing improper performance by us in return;

•

threaten or retaliate against another employee or associate who has refused to commit a bribery offence or who has raised concerns under this policy; or

•

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

Any payment or gift to a public official or other person to secure or accelerate the prompt or proper performance of a routine government procedure or process, otherwise known as a “facilitation payment”, is also strictly prohibited. Facilitation payments are not commonly paid in the UK but they are common in some other jurisdictions.

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8. RECORD KEEPING All accounts, receipts, invoices and other documents and records relating to dealings with third parties must be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off the record” to facilitate or conceal improper payments.

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9. SANCTION FOR BREACH A breach of any of the provisions of this Policy will constitute a disciplinary offence and will be dealt with in accordance with LD Training’s disciplinary procedure. Depending on the gravity of the offence, it may be treated as gross misconduct and could render the employee liable to summary dismissal.

The Company is committed to taking appropriate action against bribery and corruption. This could include either reporting the matter to an appropriate external government department, regulatory agency or the police and/or taking internal disciplinary action against relevant employees and/or terminating contracts with associated persons.

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10. MONITORING COMPLIANCE LD Training’s Quality Co-ordinator has lead responsibility for ensuring compliance with this Policy and will review its contents on a regular basis. He/she will be responsible for monitoring its effectiveness and will provide regular reports in this regard to the Director who has overall responsibility for ensuring this Policy complies with LD Training’s legal and ethical obligations.

Employees and associates are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the Quality Co-ordinator.

LD Training reserves the right to vary and/or amend the terms of this policy from time to time at its absolute discretion.

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POLICY 18 – ANTI-BRIBERY AND INCENTIVES 7

11. TRAINING LD Training will provide training to all employees to help them understand their duties and responsibilities under this Policy. LD Training’s zero tolerance approach to bribery will also be communicated to all associates at the outset of the business relationship with them and as appropriate thereafter.

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A. APPENDIX A – ISSUES COVERED UNDER THE SAFEGUARDING AGENDA •

Child Protection

•

Vetting and barring scheme – safer recruitment of staff

•

Checking identity and qualifications of all staff/people working at LD Training/volunteers

•

DBS disclosures

•

Health and safety

•

Health and wellbeing

•

Bullying

•

Drug abuse

•

Alcohol abuse

•

Personal safety

•

Forced marriages

•

Missing young person notifications

•

Runaway young people

•

Children in care and care leavers

•

Firework safety

•

Knife crime

•

Internet safety

•

Financial security

•

Private fostering

•

Child death review process

•

Safeguarding child performers

•

Accident prevention and home safety

•

Prevention of involvement in extremist groups/activities

•

Female Genital Mutilation

•

Fabricated or Induced Illness

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POLICY 18 – ANTI-BRIBERY AND INCENTIVES 9

B. APPENDIX B – INDICATORS OF POSSIBLE SIGNIFICANT HARM •

All staff and volunteers should be aware that the main categories of abuse are:

•

Physical abuse

•

Emotional abuse

•

Sexual abuse

•

Neglect

•

All staff and volunteers should be concerned about a student if he/she presents with indicators of possible significant harm.

•

Full details about indicators can be found in the training booklet that accompanies the safeguarding training session. This can be accessed on the Safeguarding portal via the front page of SharePoint.

•

Generally, in an abusive relationship the student may:

•

Appear frightened of the parent/s or other household members e.g. siblings or others outside of the home

•

Act in a way that is inappropriate to her/his age and development (full account needs to be taken of different patterns of development and different ethnic groups)

•

Display insufficient sense of ‘boundaries’, lack stranger awareness

•

Appear wary of adults and display ‘frozen watchfulness’

POSSIBLE SIGNS OF PHYSICAL ABUSE • • • • • • • • • • • • • • • •

Unexplained injuries or burns, particularly if they are recurrent Injuries not typical of accidental injury Frequent injuries even with apparently reasonable explanations Improbable or conflicting explanations for injuries Refusal to discuss injuries Admission of punishment which appears excessive Fear of parents/carers being contacted Bald patches Withdrawal from physical contact Arms and legs kept covered in hot weather Fear of returning home Fear of medical help / parents not seeking medical help Self-destructive tendencies Aggression towards others Chronic running away Frequently absent from LD Training

10 POLICY 18 – ANTI-BRIBERY AND INCENTIVES

POSSIBLE SIGNS OF EMOTIONAL ABUSE Probably the most difficult type of abuse to recognise.

• An emotionally abused person is often withdrawn, introverted and depressed • Admission of punishment which appears excessive • Over-reaction to mistakes • Sudden speech disorders • Fear of new situations • Inappropriate emotional responses to painful situations • Neurotic behaviour (e.g. rocking, hair twisting, thumb sucking) • Self mutilation • Fear of parents/carers being contacted • Extremes of passivity or aggression • Drug/solvent abuse • Chronic running away • Compulsive stealing • Scavenging for food or clothes • Continual self depreciation • Air of detachment – ‘don’t care’ attitude • Social isolation – does not join in and has few friends • Desperate attention-seeking behaviour • Eating problems, including over-eating or lack of appetite • Depression, withdrawal POSSIBLE SIGNS OF SEXUAL ABUSE

• Demonstrate sexual knowledge or behaviour inappropriate to age/stage of development, or that is unusually explicit • Wetting or other regressive behaviours e.g. thumb sucking • Inexplicable changes in behaviour, such as becoming aggressive or withdrawn • Stop enjoying previously liked activities • Be reluctant to undress for PE • Become fearful of, or refuse to see, certain adults for no apparent reason; show dislike of a particular tutor, support worker, carer, relative or other adult • Draw sexually explicit pictures • Urinary infections, bleeding or soreness in the genital or anal areas • Soreness or bleeding in the throat • Chronic ailments, such as stomach pains or headaches • Take over the parental role at home; seem old beyond their years • Develop eating disorders, such as anorexia or bulimia • Depression, suicidal thoughts • Poor self-image, self-harm, self-hatred • Physical discomfort • Use drugs or drink to excess • Unexplained pregnancy • Memory loss • Frequent running away • Restricted social activities • Find excuses not to go home or to a particular place • Have recurring nightmares/be afraid of the dark • Be unable to concentrate; seem to be in a world of their own • Have a ‘friend who has a problem’ and then tell about the abuse of the friend • Sudden changes in college work habits, become truant • Withdrawal, isolation or excessive worrying • Outbursts of anger or irritability • Unexplained sums of money • Act in a sexually inappropriate/harmful or seductive way towards others

POLICY 18 – ANTI-BRIBERY AND INCENTIVES 11

POSSIBLE SIGNS OF NEGLECT • • • • • • • • • • • • • •

Constant hunger Poor personal hygiene Inappropriate clothing, clothing in a poor state of repair Frequent lateness or non-attendance at college Untreated medical problems Low self-esteem Poor social relationships Compulsive stealing Constant tiredness Emaciation Destructive tendencies.

Neurotic behaviour (e.g. rocking, hair twisting, thumb sucking) Chronic running away Scavenging for food or clothes

Child Sexual Exploitation

Child sexual exploitation (CSE) involves exploitative situations, contexts and relationships where young people receive something (for example food, accommodation, drugs, alcohol, gifts, money or in some cases simply affection) as a result of engaging in sexual activities. Sexual exploitation can take many forms ranging from the seemingly ‘consensual’ relationship where sex is exchanged for affection or gifts, to serious organised crime by gangs and groups. What marks out exploitation is an imbalance of power in the relationship. The perpetrator always holds some kind of power over the victim which increases as the exploitative relationship develops. Sexual exploitation involves varying degrees of coercion, intimidation or enticement, including unwanted pressure from peers to have sex, sexual bullying including cyberbullying and grooming. However, it also important to recognise that some young people who are being sexually exploited do not exhibit any external signs of this abuse.

(Keeping Children Safe in Education – DfE, 2015) Indicators in the Child •

Physical presentation

•

Urinary infections, bleeding or soreness in the genital or anal areas

•

Recurrent pain on passing urine or faeces

•

Blood on underclothes

•

Sexually transmitted infections

•

Vaginal soreness or bleeding

•

Pregnancy in a younger girl where the identity of the father is not disclosed and/or there is secrecy or vagueness about the identity of the father

•

Physical symptoms such as injuries to the genital or anal area, bruising to buttocks, abdomen and thighs, sexually transmitted disease, presence of semen on vagina, anus, external genitalia or clothing

•

Emotional/behavioural presentation

•

Makes a disclosure.

•

Demonstrates sexual knowledge or behaviour inappropriate to age/stage of development, or that is unusually explicit

•

Inexplicable changes in behaviour, such as becoming aggressive or withdrawn

•

Self-harm - eating disorders, self-mutilation and suicide attempts

•

Poor self-image, self-harm, self-hatred

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•

Reluctant to undress for PE

•

Running away from home

•

Poor attention / concentration (world of their own) / Depression

•

Sudden changes in school work habits, become truant

•

Withdrawal, isolation or excessive worrying

•

Inappropriate sexualised conduct

•

Sexually exploited or indiscriminate choice of sexual partners

•

Wetting or other regressive behaviours e.g. thumb sucking

•

Draws sexually explicit pictures

•

Indicators in the parents

•

Comments made by the parent/carer about the child.

•

Lack of sexual boundaries

•

Wider parenting difficulties or vulnerabilities

•

Grooming behaviour

•

Parent is a sex offender

•

Indicators in the family/environment

•

Marginalised or isolated by the community.

•

History of mental health, alcohol or drug misuse or domestic violence.

•

History of unexplained death, illness or multiple surgery in parents and/or siblings of the family

•

Past history of childhood abuse, self-harm, somatising disorder or false allegations of physical or sexual assault or a culture of physical chastisement.

•

Family member is a sex offender

In addition to all the above signs a child or vulnerable adult may disclose an experience in which he/she may have been harmed, or there may be any other cause to believe that a child or vulnerable adult may be suffering harm.

POSSIBLE SIGNS OF RADICALISATION LD Training also has a duty of care to identify and refer possible signs of radicalisation to extremist groups. These may include: •

Experience of poverty, disadvantage or social exclusion

•

Conflict with family over religious beliefs and/or lifestyle choices/extreme political views

•

An event or series of traumatic events

•

Change in behaviour and/or appearance as a result of new influences

•

Rejected by peer, faith or social group or family

•

Victim or witness to race or religious hate crime

•

Unexplained absence, particularly for prolonged periods

•

May possess literature related to extreme views

•

Greater detail relating to these will be made available to staff through mandatory training and through LD Training Prevent strategy

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POSSIBLE SIGNS OF FORCED MARRIAGE The tradition of arranged marriages has operated successfully within many communities and many countries for a very long time. A clear distinction must be made between a forced and an arranged marriage. In arranged marriages, the families of both spouses take a leading role in choosing the marriage partner, but the choice whether or not to accept the arrangement remains with the young people. In forced marriage, one or both spouses do not consent to the marriage or consent is extracted under duress. Duress includes both physical and emotional pressure.

Possible Indicators of Forced Marriages: •

Truancy

•

Decline in performance or punctuality

•

Low motivation

•

Being withdrawn from LD Training by those with parental responsibility

•

Not allowed to attend extracurricular activities

•

If anyone is concerned that a student is being forced to marry, they should immediately contact the DSP or one of the Deputies.

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14 POLICY 18 – ANTI-BRIBERY AND INCENTIVES

No

Concerned person

reports matter to

designated senior

person or a Deputy DSP and makes a

written record

No

DSP or DDSP

discusses matter with

targeted advice service, Adult

social care or Yes prevent team

to confirm if referral should

be made

No

Monitoring put in place with if further Refer relevant staff. issues arise

Member of Staff or Student has Concerns about serious Safeguarding Issue

C. APPENDIX C – SAFEGUARDING REFERRAL CHART Yes Designated person reports matter to head of Human Resources and makes a written record

Does the incident /Information involve an allegation against a member of staff?

Head of Human Resources will refer to the Principal if necessary

DSP or DDSP takes steps considered necessary to ensure the safety of the child in question and any other child or vulnerable adult that may be a risk

Is it a straight forward referral?

Yes DSP or DDSP contacts CSF Social services, Adult Social Care or Prevent team to make a referral

DSP or DDSP makes accurate records and informs Deputy Principal and relevant staff involved with student where appropriate

Support team created as appropriate for student

A Summary monitoring report will be sent on a termly basis to SMT. Directors and corporation Governors with an annual report at the end of the Summer-term.

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POLICY 18 – ANTI-BRIBERY AND INCENTIVES 15

D. APPENDIX D – EXAMPLE OF COMPLETED CAUSE FOR CONCERN PRO-FORMA CONCERN FORM Child’s Name : William Shakespeare Child’s DOB : 26.04.1993 Male/Female : Ethnic Origin : Disability Y/N : Religion : Male White British None Not given Date and Time of Concern : 14.01.10 15.30 Your Account of the Concern : (what was said, observed, reported and by whom) A Tutor asked William “if he was ok” after the lesson. He disclosed that he’d had a fight with his Dad. He said he had bruises on his arms stating his Dad had grabbed him during their argument Additional Information : (your opinion, context of concern/disclosure) William disclosed to tutor that he was upset following an argument. He also disclosed physical bruising (did not show the bruises) stating that they were from his Dad. He said that this had never happened before and his Dad had been very upset about it all.

Your Response : (what did you do/say following the concern) This is William’s 2nd year and he has not expressed concern or mentioned such instances in the past. Dad has good contact with tutors and has been very supportive throughout William’s course.

Tutor explained to William that the information would need to be passed on to the DSP owing to the nature of what he had disclosed. Tutor explained that we were there to support him as aLD Training and would keep him informed of any actions we take.

Concern form completed and passed directly to DSP Your Name : A Tutor Your Signature :

Your Position in LD Training : Basket weaving lecturer Date and Time of this Recording : 14.01.10 16.30 Action and Response of DSP / HT

Name: ………………………………………………………..Date:………………………..

PLEASE PASS THIS FORM TO YOUR DESIGNATED SENIOR PERSON FOR SAFEGUARDING (SARA GREEN) OR A DEPUTY DSP (FULL DETAILS AVAILABLE ON SHAREPOINT)

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E. APPENDIX E – SAFER RECRUITMENT AND EMPLOYEE SECURITY (DBS) PROCEDURE Policy Statement LD Training has a duty to provide a secure and safe environment in which learners and staff can obtain the best possible benefit from studying or working at LD Training. This procedure complies with safeguarding guidance and legislation.

Part of LD Training’s duty is to ensure that it does not employ or make use of the services of a person who has a criminal conviction or record of behaviour that could pose a threat to the safety and wellbeing of learners and staff. This procedure will ensure that appropriate checks are made on LD Training employees, agency workers and those carrying out services for LD Training and volunteers, as required.

Should a new member of staff commence their employment prior to the completion of his/her DBS clearance, his/her line manager will be required to undertake a safeguarding risk assessment and return a copy of this form to Human Resources SAFER RECRUITMENT AND INDEPENDENT SAFEGUARDING AUTHORITY REGULATIONS Duty to Refer LD Training complies with the duty to refer any employee or volunteer who poses a risk to children or adults at risk. If LD Training removes someone who is employed or a volunteer, or if they leave under investigation for allegedly causing harm or posing a risk of harm, the Director or Centre Manager will be responsible for referring this information to the Independent Safeguarding Authority.

Regulated and Controlled Activity LD Training is not a designated RAP (Regulated Activity Provider). Staff work in both in regulated and controlled activity.

LD Training has defined regulated activity in its situation as follows: Those workers involved in contact with children or adults at risk of a specified nature for teaching, training, care, supervision, advice, treatment or transport and are frequently intensively and/or overnight. Frequently means once a month or more, 3 or more occasions in a single 30 day period or overnight (2am to 6am).

All tutors, trainers, assessors and those involved in learning support are in regulated jobs at LD Training.

Some staff in Student Services are also in regulated jobs.

LD Training has defined controlled activity in its situation as follows: Workers involved in frequent or intensive support work in LD Training, such as caretakers, cleaners, and receptionists. Also, those workers with access to sensitive records about learners.

Frequent or intensive has the same definition as above.

Compliance with Safer Recruitment LD Training will pay for all relevant, employed staff to have an enhanced DBS disclosure.

LD Training has a single central record that records details of staff identity, DBS disclosures, qualifications, overseas DBS checks, List 99 and right to work in the UK details. The Centre Manager is responsible for the maintenance of this record. The record also includes details of contractors, consultants, and volunteers. References are taken for all workers to check identity and ask specific questions relating to safeguarding.

LD Training currently checks List 99 details before offering employment to new candidates.

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Volunteers

Occasionally individuals approach LD Training to indicate they wish to gain experience in an area: this may be teaching experience or assisting in a specific specialism such as IT or admin. Volunteer helpers are not employees of LD Training and do not receive any form of payment for the services they provide.

LD Training reserves the right to stop any volunteer’s placement at any time for any reason.

The Volunteer Registration form must be completed and authorised by the Linda Johnson, Sara Green or Chris Kasabi prior to the commencement of the volunteering activities. This form must be completed and sent to Chris Kasabi even if the period of volunteering is only for a few hours.

Volunteers cannot to be used as substitute staff and may not have sole responsibility for a student or group of students at any time.

Volunteers will not commence work or other activities at LD Training without first meeting with a designated member of SMT who will check their identity and qualifications and ensure List 99 and DBS checks are undertaken. The Safer Recruitment and Employee Security (DBS) Procedure will apply in the same way as for permanent employees at LD Training.

Agency workers Agency workers may be provided through specialist agencies that supply LD Training with a list containing all the required information relating to identification, qualifications and DBS disclosures.

Where an agency does not provide this service the agency contact and arrangements for meeting the new worker should, in the first instance, be engaged through Human Resources to ensure compliance with the DBS processes.

Disclosure and Barring Service (DBS) Disclosure and Barring Service (DBS) disclosure is a facility whereby an employer can request that a check is carried out on a person to confirm his/her suitability for certain types of work, involving contact with children (under 18) or adults at risk.

Where a DBS check is required the individual will be asked to complete a DBS Disclosure Application (on-line) and to produce evidence of identity to one of LD Trainings counter-signatories The DBS check may take several weeks to complete. When completed the DBS sends the disclosure certificate to the individual who has applied. The disclosure will give details of criminal record or other related matter that has been recorded. LD Training may require the individual to present the DBS disclosure certificate on request.

Recruitment Of New Employees

It will be a condition of all offers of employment made by LD Training that a satisfactory enhanced DBS disclosure is obtained. All applicants for posts at LD Training will be informed of the necessity of a check through the DBS disclosure system. At interview all applicants will be told that a refusal to agree to such a check being carried out, or the outcome of the check being unsatisfactory, will lead to any offer being withdrawn. This will be reiterated when a conditional offer is made.

LD Training will require a DBS enhanced disclosure for all new academic staff and business support staff, due to the nature of LD Training’s business.

All new casual staff and new agency workers will be required to have a satisfactory DBS disclosure.

Voluntary workers will also be required to have obtained a satisfactory DBS disclosure.

Procedure For DBS Checks: New Appointments All new appointees will be required to complete the DBS disclosure application online and to provide evidence of identity in accordance with DBS requirements. The completed online DBS disclosure application and evidence will be checked by a counter-signatory who will then process the DBS check in accordance with DBS procedures.

When completed the DBS sends the disclosure certificate to the individual who has applied. LD TRAINING will be notified by the DBS when the check has been completed. If there are issues raised in the disclosure the Director will invite the individual to meet to discuss the disclosure and its content.

18 POLICY 18 – ANTI-BRIBERY AND INCENTIVES

In determining if the employment should commence/continue the following factors will be taken into account: •

whether the conviction or other matter revealed is relevant to the post offered

•

the seriousness of any offence or other matter revealed

•

the length of time since the offence or other matter occurred

•

whether the individual has a pattern of offending behaviour or record that relates to another relevant matter

•

whether the individual’s circumstances have changed since the offending behaviour

•

the circumstances surrounding the offence or other matter and the explanation offered by the individual

If it is determined that the employment should not commence, or should not continue, the individual will be given written reasons for this. If the individual has not commenced employment the Director or Centre Manager will write to him/her withdrawing the offer and explaining the reasons. Where the individual has commenced employment pending the DBS check, the Director will write to the Centre Manager and/or Finance Officer if dismissal is recommended. There will be an opportunity for the individual to write to the Director setting out his/her reasons why he/she believes he/she should not be dismissed.

Agency lecturers and support workers will not be employed unless they have registered with an agency used by LD Training, which ensures that all its lecturers and support workers have a satisfactory DBS check.

PROCEDURE FOR DBS CHECKS: EXISTING EMPLOYEES LD Training requires all existing employees to hold an enhanced DBS disclosure.

Existing employees may be required to undertake a re-check at any time during their employment. If this is required then the online DBS disclosure application and guidelines will be sent to all existing employees.

The employee will be required to complete the online application and provide evidence of identity in accordance with DBS requirements. A counter signatory who will then process the DBS check in accordance with DBS procedures will check the evidence.

Refusal to agree to the disclosure process may result in the employee being unable to continue in his/her employment.

Once the disclosure has been obtained from the DBS the SMT will consider if the disclosure is satisfactory, taking the following factors into account: •

whether the conviction or other matter revealed is relevant to the post

•

the seriousness of any offence or other matter revealed

•

the length of time since the offence or other matter occurred

•

whether the individual has a pattern of offending behaviour or record that relates to another relevant matter

•

whether the individual’s circumstances have changed since the offending behaviour

•

the circumstances surrounding the offence or other matter and the explanation offered by the individual

•

If it is not considered satisfactory the employee will be invited to a meeting with the Head of Human Resources and his/her line manager. The employee may be accompanied by a trade union representative or a work colleague.

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If, following the meeting held in accordance with 5.4 above, the SMT believe that the current employment should not continue the Director will write setting out the reasons for this. The individual will have the opportunity to present his/her case to the Director and may be accompanied a work colleague at the meeting. The SMT will also be present at this meeting. The Director may decide on any of the following courses of action: •

that the employee may continue in his/her current post

•

that the duties of the employee’s post may be amended to enable continuation in his/her current post

•

that the employee should be transferred to another LD Training post which does not involve working with children or adults at risk

•

that the employee shall be dismissed

The Director will notify the employee in writing of his/her decision within two working days of the meeting taking place. If the Director’s decision is that the employee shall be dismissed there will be the right of appeal to a panel of governors. Any appeal must be in writing, and received by the SMT within 10 working days of receiving the Director’s decision to dismiss.

LD Training reserves the right to request a new DBS check from existing employees where there may be concerns about an employee’s behaviour or LD Training receives notification that criminal proceedings are taking place.

PROCEDURE FOR DBS CHECKS: LD Training SMT All LD Training SMT are required to have a satisfactory enhanced DBS disclosure.

The online DBS disclosure application and guidelines will be sent to all SMT, who will be required to complete the application and provide evidence of identity in accordance with DBS requirements. The completed disclosure application and evidence will be checked by a counter-signatory who will then process the DBS check in accordance with DBS procedures.

When completed the DBS sends the disclosure certificate to the individual who has applied. LD TRAINING will be notified by the DBS when the check has been completed. If there are issues raised in the disclosure the Director will invite the individual to meet to discuss the disclosure form and its content.

The Director will ensure that the following factors will be taken into account in determining if the individual is appropriate to act, or to continue to act as part of the LD Training SMT: •

whether the conviction or other matter revealed is relevant to the post offered

•

the seriousness of any offence or other matter revealed

•

the length of time since the offence or other matter occurred

•

whether the individual has a pattern of offending behaviour or record that relates to another relevant matter

•

whether the individual’s circumstances have changed since the offending behaviour

•

the circumstances surrounding the offence or other matter and the explanation offered by the individual

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F. APPENDIX F – LD TRAINING VISITORS All visitors will be required to adhere to the following procedures at all times: On arrival at LD Training, use the main LD Training entrance and report to the Reception desk.

Visitors must sign in on arrival and sign out again when they leave the premises Take note of any Health and Safety and safeguarding guidance you may be given as part of your visit Wait in the seated area in reception, until you are collected by the relevant member of staff Check out at reception on leaving LD Training On arrival ensure you are aware of the nearest fire exit to the meeting rooms you will be using during your visit. These are clearly displayed around LD Training. Should there be a fire evacuation whilst you are visiting LD Training please follow the directions given by LD Training staff.

Visitors meeting with staff

If you have arranged for a visitor to meet with yourself or another member of staff, please ensure that: You enter all details of the visit onto the office diary prior to the visit. Please note that 48 hours’ notice is required to reserve a parking space.

You have corresponded with your visitor prior to the visit, drawing attention to the following: On arrival at LD Training, to use the main LD Training entrance and report to the reception desk to sign in, collect their safeguarding booklet To wait in reception until they are collected by yourself Show your visitor the nearest fire exit to the meeting room At the end of the visit you accompany the visitor to the reception desk to check out

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