Constitution Part 5 - Code of Conduct for Employees

Gifts and hospitality

You must not accept any personal gifts, other than those of a modest/token nature (e.g. calendars, diaries or other small articles for obvious use) or being an otherwise inexpensive gift. Guidance should always be obtained either from your line manager or from the Council’s Monitoring Officer if you are offered a gift which has or could be construed as being more than of token value. In order to ensure transparency, employees are requested to formally register any gift on Form 5 – ‘Declaration of Offers of Hospitality or Gifts’.

You must also refer all offers of hospitality to your line manager and generally you should not accept offers of hospitality unless you can answer in the affirmative, the following:

  • Can the hospitality be justified to the Council, public and media?
  • Can I be sure the hospitality will not be subject to legitimate criticism?
  • Is the extent of the hospitality reasonable and appropriate?
  • Can a response to the level of hospitality be given in an appropriate fashion?
  • Am I comfortable with the decision to accept the hospitality?

You should only accept offers to attend social/sporting events where these are clearly part of the Council’s role in the community and where the Council would expect to be represented. When hospitality has to be declined, those making the offer should be courteously but firmly informed of the procedures operating within the Council.

When receiving authorised hospitality, employees should still be particularly sensitive as to its timing in relation to decisions which the Council may be taking which potentially affects those providing the hospitality. Where visits to inspect equipment, vehicles, land or property etc. are required, employees should ensure that the Council meets the cost of such visits without jeopardising the integrity of subsequent purchasing decisions.

When an outside organisation wishes to sponsor or is seeking to sponsor the Council activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. Particular care must be taken when dealing with contractors or potential contractors.

Where the Council wishes to sponsor an event or services, employees nor any partner, spouse or relative must benefit from such sponsorship in a direct way without there being full prior disclosure to the Council of any such interest. Similarly, where the Council through sponsorship, grant aid, financial or other means, gives support in the community, employees should ensure that impartial advice is given and that there is no conflict of interest involved.

You must:

  • Complete Form 5 – ‘Declaration of Offers of Hospitality/Gifts’ to seek approval from your appropriate Chief Officer if you are offered any gifts, hospitality or advantage, other than token gifts of a nominal value before you accept such items
  • use tact and courtesy if you need to refuse a gift or hospitality
  • report to your manager any gifts which are delivered to your place of work where you may have a problem returning it
  • report to your line manager any approaches made to you which could be viewed as being aimed at obtaining some form of preferential treatment.

It is not unusual for people receiving care or support at home from council employees, to wish to express their thanks and gratitude to care staff by offering gifts, money or even, exceptionally, by making an employee a beneficiary in their will.  In order to protect the council and its employees from any suggestion of improper motives or conduct, members of staff and their families are not allowed to accept gifts or legacies from current or former clients.

If you are made aware that a client is considering making a gift to you or including you in their will, or has actually done so, then you must inform your manager immediately, in order that appropriate contact can be made with the client. Similarly, you must not become involved with making wills for clients nor act as an executor in a client’s will.

If you are unclear what is acceptable, ask your line manager in the first instance.