• Failure to declare a sale • Fraudulent use of any type of discounting card • Supplying food and drink to family, friends or yourself without charge • Fraudulent use of petty cash or expense claims without supporting receipts Action: Byron will not tolerate theft or fraud by any employee, and if evidence provides for reasonable belief to suggest there has been a theft or fraud, the employee may be subject to disciplinary action which may result in the termination of their employment for reasons of gross misconduct. Byron may also instigate civil recovery through the courts to recover any losses incurred. Byron will, as a matter of process, pass any theft or fraud cases over to the Police for criminal investigations, and Byron always reserves the right to prosecute those found to have stolen or been fraudulent during the course of their employment with Byron. 16.3THEFT/ROBBERY If you suspect someone of stealing, whether from the company, guests or employees, you should report the matter to a manager immediately. If a guest or another person threatens violence, do not risk your own safety – the last thing we want is for you to get hurt. Make sure you have read the Company’s Violence at Work Policy, and follow the guidance set out there if the situation arises. Hopefully, it never will. It may be necessary during the course of your employment to search you, your bags, your locker, your vehicle or any other of your possessions.We’ll make sure searches are made by a person of the same gender, and in the presence of a third party (also of the same gender). If you refuse to allow us to exercise our right of search, this may be treated as gross misconduct. 16.4 PERSONAL PROPERTY Byron accepts no responsibility whatsoever for any of your personal property on our premises or in Company vehicles – please be careful to ensure it doesn’t get lost or stolen.To try and stop things going missing, please do not bring valuables or large sums of money to work with you and take good care of your own possessions. Keep an eye out for those of your team as well. If you do lose personal property on Company premises, please let your manager know as soon as possible so the issue can be investigated. 45 16.OTHERSECURITYRULES 16.1 CONFLICT OF INTEREST Byron always aims to conduct its business in a climate of honesty and fairness, and we expect all employees to do the same. You should tell us if there is ever any situation in which there could be a conflict between your personal interests and the interests of the Company. Discuss the situation with your manager in the first instance.You must not use your authority or position for any secret personal gain (whether for yourself or others). 16.2 THEFT & FRAUD Background: Byron is absolutely committed to maintaining an honest, open and well-intentioned atmosphere within the organisation. It is therefore also committed to the elimination of any fraud within the organisation, and to the rigorous investigation of any such cases. Byron already has procedures in place that reduce the likelihood of fraud occurring.These include documented procedures and documented systems of internal control and risk assessment. In addition, Byron tries to ensure that a risk (and fraud) awareness culture exists in this organisation. This policy applies to any irregularity, or suspected irregularity, involving employees as well as consultants, vendors, contractors, and/or any other parties with a business relationship with this organisation. Any investigations required will be conducted without regard to any person’s relationship to Byron, position or length of service. Definitions: Theft is defined as the unauthorised removal of cash, stock or any other Company property for personal or other gain. Fraud comprises both the use of deception to obtain an unjust or illegal financial advantage and intentional misrepresentations affecting the financial statements by one or more individuals among the management, team or third parties. Below are examples and are used to illustrate the above definitions and are by no way an exhaustive list: • Failure to bank cash takings • The manipulation of declared takings or stock resulting in a cash or stock shortage that cannot be traced • Any fraudulent transactions applied to credit/debit cards • The fraudulent use of promotional vouchers or loyalty cards in order to apply them to a part/full bill and remove the equivalent amount in cash • The fraudulent use of any discount type in order to apply them to a part/full bill and remove the equivalent amount in cash • Fraudulent part/full till refunds, voids or comps which cannot be traced 44