A street cleaner who was denied the proceeds of a fundraising campaign has been ‘gifted’ a holiday by a package company.
Residents in Beckenham, south London, had raised around £3,000 for Paul Spiers after he mentioned a long-held ambition to have a holiday in Portugal with his brother.
But his managers at waste company Veolia said he could not accept the fundraising money because they believed it breached his terms of service.
It claimed its contract with the local council would not allow Spiers “to accept any monies or incentives outside of agreed pay structures”.
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Bromley Council, meanwhile, said it was a matter between Veolia and its employees. The company then donated the money to charity and declared Spiers to be “employee of the quarter”.
After his story gathered support from local residents and news coverage, Beckenham MP Liam Conlon urged the council to find a “common sense” solution, but it stuck with its decision.
However, travel company On the Beach spotted an opportunity for some publicity and have since announced that Spiers has “won” a competition for a £3,000 holiday voucher.
It said the competition could only be won by someone who loved Elvis, was between 62 and 64 years of age, had the surname of Spiers and was a street cleaner in Beckenham.
Zoe Harris, chief customer officer at On the Beach said: “Congratulations Paul! Who would have thought that just a day after he was denied a holiday, he would win one in a competition! What are the odds?”
Veolia said it had “no objection to him accepting his win” after Spiers said he would only take the voucher if his employer allowed it.
A spokesperson said: “We are very grateful for the support and recognition shown by the community to Paul, who alongside a hardworking street cleansing team, does a fantastic job keeping Bromley’s streets clean.
“Our position regarding the funds raised by the community has not changed and the decision about what happens to that money is a matter for the fundraiser. Veolia has matched the amount raised as of Friday, August 9, and this will be donated to Cancer Research, a charity close to Paul’s heart.”
Spiers said he was “over the moon” about his holiday. “I didn’t know I was appreciated, I was just coming here to do my job,” he said.
Samantha Dickinson, equality and diversity partner at law firm Mayo Wynne Baxter, said Veolia was likely sticking to anti-bribery policies in its initial decision.
She said: “It is good practice for employers to have in place an anti-bribery policy because it is a criminal offence for a commercial organisation to fail to prevent bribery by any of its employees.
The consequences of a breach of the Bribery Act are severe. Individuals face up to ten years’ imprisonment, and commercial organisations can be fined an unlimited amount, she explained.
However, Dickinson added that “proportionality” was key in this situation.
“Mr Spiers’ employer should carry out an assessment of the risk of bribery rather than simply saying that he cannot accept this kind gift.
“The Bribery Act does not require companies to prevent their employees from ever accepting any business gift or hospitality. Rather it prohibits a financial or other advantage being given to induce a person to perform a function or activity improperly or reward them for doing so.
“There is no suggestion that Mr Spiers will carry out his duties to a different standard because of this generous gift, or that he has said he will prioritise those who have freely made donations over those who haven’t, so it is difficult to say that there is a risk of bribery arising in this situation.”
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