The code applies to all employees of Elmbridge Borough Council
Standards of conduct and whistleblowing
Local government employees are expected to deliver the highest standard of service and, where appropriate, provide impartial advice to councillors and colleagues. Employees are expected to report any deficiencies in service provision, impropriety or breach of service to management, using the council’s whistleblowing procedure.
Employees can get the whistleblowing procedure from HR, internal audit or the Head of Legal and Governance. It is also available on the council’s intranet.
Disclosure of information
It is generally accepted that open government is best, and the law requires certain information be available to councillors, auditors, government departments, service users and the public. The council may also choose to share additional information.
Employees must understand which information is public and which is not, and act accordingly. Information gained through employment must not be used for personal benefit or passed to others who might misuse it.
If an employee receives personal information from a councillor that does not belong to the council, it must not be disclosed without that councillor’s prior consent, except where required by law.
Political neutrality
Employees serve the council as a whole and must support all councillors equally, not just those in the controlling group. When advising political groups, they must maintain impartiality.
All employees, whether politically restricted or not, must follow the council’s lawful policies and ensure personal or political views do not interfere with their work.
Relationships
Councillors
Employees are responsible to the council through its senior managers. Some may advise councillors and senior managers, but all are responsible for delivering the council’s work. Mutual respect between employees and councillors is essential. Close personal relationships should be avoided, as they can undermine professionalism.
Employees should also follow the councillor and officer protocol when working with councillors.
The local community and service users
Employees must serve the community with courtesy, efficiency and impartiality as defined by the policies of the council.
Contractors
Employees must declare any business or personal relationships with current or potential contractors to their manager. All contracts and orders must be awarded fairly, based on merit and in line with the council’s contract standing orders and financial procedure rules.
Appointment and employment
Employees involved in appointments should make sure that these are made on the basis of merit, otherwise it is unlawful. Employees should not be involved in an appointment where they are related to an applicant, or have a close personal relationship with them.
Employees should not be involved in decisions relating to discipline, promotion or pay for any employee who is related to them.
Outside commitments
Employees are required to get written consent to take any outside employment. Employees should be clear about their contractual obligations and should not take outside employment which conflicts with the council’s interests.
Employees should follow the council’s rules on the ownership of intellectual property or copyright created during their employment.
Personal interests
Employees must declare to an appropriate manager any financial or non-financial interest that they consider could bring about conflict with the council’s interest and complete the necessary declaration form from the Head of Legal and Governance.
Employees must inform their manager if they belong to any organisation that requires formal membership, demands loyalty and operates with secrecy around its rules, membership or conduct.
Equality issues
Employees should ensure they comply with council policies on equality issues, in addition to legal requirements. All members of the local community, customers and other employees have a right to be treated with fairness and equity.
Separation of roles during tendering
Employees involved in tendering must clearly separate client and contractor roles and ensure transparency and accountability, especially where both roles are held. Fairness and impartiality must be maintained when dealing with customers, suppliers and contractors.
Confidential information about tenders or costs must not be shared with unauthorised parties. No special treatment should be given to businesses linked to current or recent employees, their partners, relatives or associates in awarding contracts.
Corruption
It is a serious criminal offence for employees to corruptly offer or accept any gift, payment, loan, reward or advantage in exchange for showing favour or disfavour in their official role. If accused, the employee must be able to prove the benefit was not obtained corruptly.
Use of financial resources
Employees are expected to manage public funds responsibly and lawfully, ensuring value for money and protecting the council from potential legal challenges.
Gifts and hospitality
Employees can accept hospitality only when it serves a clear business purpose or represents the council in the community. Social or sporting invitations should be accepted only if appropriate, and all offers must be authorised and recorded. When hospitality must be declined, those making the offer should be courteously but firmly informed of the procedures and standards operating within the council.
Significant personal gifts from contractors or suppliers must not be accepted. Employees should not in any circumstances accept gifts from suppliers if the provision of the gift may reasonably be perceived as an incentive to purchase.
When hospitality is accepted, employees must be mindful of its timing in relation to council decisions affecting the provider.
Attendance at conferences or courses is acceptable if the hospitality is clearly corporate, pre-approved by the council and does not influence purchasing decisions.
Where equipment inspections are required, the council should cover costs to maintain integrity. All accepted gifts or hospitality must be recorded in the Gifts and Hospitality Register and reported to the Head of Legal and Governance, including details of the item, provider and estimated value.
Annual guidance is provided, and further advice is available from the Monitoring Officer.
Bribery Act 2010
The Bribery Act 2010 aims to prevent bribery and corruption in the public and private sectors.
Councils must have adequate procedures in place to prevent bribery. Employees risk prosecution if their conduct appears to condone bribery, including 'passive' bribery - requesting, agreeing to receive or accepting an advantage.
Penalties under the Act are severe, with individuals facing up to 10 years in prison. Therefore, employees should refrain from any conduct that may appear to engage the Act.
Sponsorship: giving and receiving
When an external organisation offers to sponsor a council activity, whether by invitation, tender, negotiation or voluntarily, the usual rules on accepting gifts and hospitality apply. Extra care must be taken when dealing with current or potential contractors.
If the council sponsors an event or service, employees and their close relatives must not benefit directly without full disclosure to an appropriate manager.
Similarly, when the council provides support to the community through sponsorship, grants or other means, employees must ensure impartial advice is given and avoid any conflicts of interest.
More information
To learn more about codes and protocols read the full document: