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Business School England
Conflicts of Interest Policy
Purpose
The purpose of this policy is to ensure that all employees of Business School England effectively identify,
disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity
of the School and manage risk.
Objective
The School aims to ensure that all employees are aware of their obligations to disclose any conflicts of
interest that they may have, and to comply with this policy to ensure they effectively manage those conflicts
of interest as representatives of the School.
Policy coverage
This policy applies to all employees at the School including:
• School Principal
• Deputy Principal and others in leadership roles
• Business Manager, Bursar and staff with financial responsibilities
• all other teaching staff
• all other non-teaching staff.
This policy supplements any conflict of interest obligation arising under an employee’s contract of employment.
It is expected that all employees participate fully in conflict of interest disclosure and management.
Policy statement
Business School England recognises the importance of providing a framework in which conflicts of interest
are identified, disclosed and managed appropriately.
The School is committed to building a workplace that is free from fraud or corruption or the perception of
fraud or corruption. This policy has been developed because conflicts of interest may arise, and do not need
to present a problem to staff or the School if they are openly and effectively managed. For these reasons it is
important that all employees share a responsibility for strengthening this commitment to identify, disclose
and manage conflicts of interest appropriately.
Having a conflict of interest does not necessarily amount to a breach of this policy. However, failure to
disclose a conflict of interest may constitute a breach.
Apart from the obligations under this policy, employees may also have obligations arising under their
contract of employment or under another school policy in relation to:
• engaging in other employment or paid activities
• disclosure of any social/family relationships with students outside the context of the student/employee
relationship
• child safety disclosures.
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Definition of conflict of interest
Conflict of interest arises where an employee’s duty to the School is affected by a personal interest. In such
cases, the line between personal and professional conduct may become blurred and interfere with an
employee’s capacity to perform their position.
Personal interests may be financial or non-financial, and may be held in relation to:
• family members
• close friends
• associates.
Conflict of interest is commonly ‘positive’ (e.g. motivated by financial/personal gain) but can also be
‘negative’ (e.g. motivated by harm to another person).
It is worth bearing in mind that conflict of interest can arise without intent to ‘cross the line’ between
professional and personal interest. In other words, conflict of interest can be not only actual, but also
potential or perceived.
• A potential conflict of interest is one which is foreseeable from the circumstances, but has not yet
become actual (for example, where a job applicant is related to a recruitment panel member, but the
applications have not yet been processed).
• A perceived conflict of interest is one where the circumstances indicate to a reasonable person that an
employee’s duty to the School is affected, whether there is an actual conflict of interest or not (for
example, a politics teacher may belong to a political party without that membership affecting their ability
to grade student work, however, it may be perceived that such membership would affect their ability to
impartially assess that work).
The fact that a staff member has a relationship (e.g. family, friendship) with someone connected with the
School does not necessarily mean there is a conflict of interest. Whether a conflict of interest (actual,
potential or perceived) exists depends on the circumstances. For example, a mother and daughter may both
teach in different subject areas at the same secondary college and no conflict of interest arises. However, if
the mother is the principal and the daughter is applying for a position at the school, a potential conflict of
interest arises and the conflict should be disclosed and managed appropriately.
Typical conflict of interest situations
There are many situations where a conflict of interest may arise in a school situation. Some of the more
common situations are outlined below.
Other employment/paid activities
An employee undertaking other employment or paid activities may give rise to a potential/actual/perceived
conflict of interest, particularly when the other work is related to work duties. Depending on the
circumstances, an employee’s ability to perform their work duties may be adversely affected by the other
employment/activities.
Apart from ongoing obligations under this policy, an employee must meet certain conflict of interest
obligations under their contract of employment. Namely, the employee must notify the principal in writing of
the other employment/activities. The principal will then determine whether a potential/actual conflict of
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interest exists. All conflicts of interest are to be managed in the interests of the School.
Disposal of school assets
The disposal of school assets has potential conflict of interest implications such as fraud or unofficial use
of equipment.
School employees do not have priority access to surplus school assets. The School reserves the right to notify
the public of any asset sales. Employees may make an offer post-notification.
Accepting gifts and benefits
It is a policy at this School that employees may accept ‘token gifts’ as long as this is declared by way of email
to line manager and not in direct conflict with their role and responsibilities.
Note that this policy covers gifts/benefits from external parties. It does not preclude, for example, the School
or collective staff providing a gift to a departing member of staff or the departing staff member accepting
such a gift.
If it could be perceived that acceptance of a gift/benefit could constitute a potential conflict of interest, the
employee should refuse the offer of the gift/benefit and declare the offer to the principal.
The minimum requirement for employees when gifts/benefits, other than ‘token gifts’, are offered are that
employees:
• do not solicit gifts or benefits
• refuse all offers of gifts or benefits that could reasonably be perceived as undermining the integrity of the
School or themselves
• inform the gift giver that ‘thanks is enough’ and the gift is thoughtful but not required in relation to their
work or services
• refuse all offers of gifts or benefits from individuals or organisations about which they are likely to make
decisions (e.g. tender processes, procurement or licensing or regulation)
• refuse all offers of money or items easily converted to money, such as shares
• refuse bribes and report bribery attempts to the principal
• seek advice from the principal if unsure how to respond to an offer of a gift or benefit of more than a
nominal value.
Procuring goods and services
A potential or perceived conflict of interest may exist when a contractor used at the School is also engaged
by an employee for private work. In some situations, a contractor may offer or provide private work at a
discounted rate to ensure they remain in good favour for future contracts. This may mean that an employee
receives a private benefit which could become a potential conflict of interest if they are also involved in
decisions for the procurement of goods or services for the School.
If it could be perceived that the contractor’s work performed for the employee in their private capacity is a
conflict of interest then the employee should ensure that the private work is charged at standard and
published rates. Furthermore, the employee should declare the engagement of the contractor for private
work and/or any relationship with the contractor prior to any future awarding of contracts for the
procurement of goods or services for the School.
To avoid a potential or perceived conflict of interest for the procuring of goods and services it is
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recommended that procurement decisions are made by a panel rather than one person.
Staff recruitment
A conflict of interest exists in the recruitment of a person with whom an employee has a current or past
professional/personal relationship or in whose recruitment they have a vested interest.
Where an employee is part of a recruitment panel and becomes aware of such a relationship to a job
applicant, they should declare the conflict of interest to the principal. The principal will then determine a
conflict of interest management plan (see below ‘Managing a conflict of interest’) in consultation with the
employee, for example the employee may remove himself/herself from the recruitment panel.
Identification and disclosure of conflict of interest
All employees have a continuing responsibility for identifying, declaring and managing any potential or
perceived conflict of interest that applies to them.
Where an employee suspects that they may have a potential/perceived/actual conflict of interest, the
employee needs to discuss any conflict of interest with the principal and provide the principal with a
completed Conflict of Interest Declaration form. Employees should provide all information on the reporting
form relevant to the identified conflict of interest in order to allow the principal to fully assess whether a
conflict of interest in fact exists.
There may be circumstances in which a potential/actual/perceived conflict of interest involves the principal.
In such a situation, the principal or another employee should discuss the matter directly with the employer.
Managing conflict of interest
If the principal determines there is a potential/perceived/actual conflict of interest, the principal will prepare
and propose a conflict of interest management plan. The employee has a responsibility to discuss any
proposed conflict of interest management plan with the principal.
The principal will consider any input the employee may have in relation to the proposed management plan,
however the employee is obliged to follow any conflict of interest management plan decided upon by the
principal.
There may be circumstances in which a potential/actual/perceived conflict of interest involves the principal. In
such a situation, the principal will work with the employer to develop the conflict of interest management
plan.
Conflict of interest management plans will ensure conflicts are managed and resolved based on the following
strategies:
Record and disclose Ensure all information surrounding the conflict of interest has been
disclosed and documented appropriately.
Restrict Restrictions are placed on the employee’s involvement in the matter or the
scope of the work is reformulated or there is a restriction on access to
certain information.
Recruit and monitor A non-conflicted third party is used to oversee part or all of the process
that deals with the matter.
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Remove The employee removes themselves, or is removed, from the matter. For
example, in a situation in which a job applicant is related to a member of
the recruitment panel for that position, a conflict of interest management
plan might be for that panel member to step down from their position
during the selection process for that position only.
Relinquish The employee relinquishes the private interest that is creating the conflict.
Where relinquishing the interest is not possible (e.g. relationship with
family) and the conflict cannot be managed using one of the other options
above, the employee may consider removing themselves from the process.
Conflict of interest management plans included in the Conflict of Interest Declaration form should be
reviewed regularly to ensure they remain effective.
Consequences of breaching this policy
Conflicts of interest are not in themselves unethical or contrary to this policy. However, if an employee fails
to identify (or, where required, manage/monitor) any actual/perceived/potential conflict of interest, this
may result in disciplinary action or, depending on the seriousness of the circumstances, termination of
employment.
Employees need to also be aware of the various school policies, guidelines and codes of conduct referred to
in this policy which are relevant to conflicts of interest.
Conflict of interest checklist for employees
1. Complete the Conflict of Interest Declaration form or the Gift/Benefit Declaration form.
2. Discuss circumstances of the conflict of interest situation with the principal or employer.
3. Follow the conflict of interest management plan decided upon by the principal or employer.
4. Monitor the conflict of interest situation on an ongoing basis, informing the principal or employer of
any change to circumstances of the conflict of interest situation.
Policy review
This policy will be reviewed annually to take account of any changed technology, legislation, expectations or
practices.
The next review date is July 2023.