{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Conflict of Interest Policy

1. Purpose

The purpose of this policy is to provide a comprehensive and structured approach to identifying, declaring, managing and resolving actual, potential and perceived conflicts of interest within {{org_field_name}}.

{{org_field_name}} operates as a temporary healthcare staffing agency/employment business and supplies temporary workers, including Registered Nurses (RNs) and Healthcare Assistants (HCAs), to client organisations. {{org_field_name}} does not itself provide or carry on a regulated health or social care activity and does not assume responsibility for directing, managing or supervising the clinical or personal care delivered by temporary workers while they are working under the direction and supervision of a client organisation.

In this environment, it is essential that recruitment, selection, deployment, commercial and other business decisions are made impartially and that personal, financial or other interests do not improperly influence the decisions of directors, employees, temporary workers or other persons acting on behalf of {{org_field_name}}.

This policy is intended to support compliance with the legal obligations applicable to {{org_field_name}} as an employment business, including the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, the Bribery Act 2010, the Equality Act 2010, applicable employment legislation and applicable data protection legislation.

All directors, employees, temporary workers and other persons acting on behalf of {{org_field_name}} must act with integrity, transparency and accountability and must declare any actual, potential or perceived conflict of interest in accordance with this policy.

The director(s) of {{org_field_name}} are responsible for the implementation, monitoring and enforcement of this policy.

2. Scope

This policy applies to:

• All directors and employees of {{org_field_name}}.
• All temporary workers supplied by {{org_field_name}}, including Registered Nurses (RNs) and Healthcare Assistants (HCAs), irrespective of the contractual arrangement under which they are engaged.
• All individuals engaged to carry out work or business on behalf of {{org_field_name}}.
• Business relationships involving client organisations, suppliers, contractors, partner agencies and other business partners.
• Any situation in which an actual, potential or perceived conflict of interest may arise in connection with recruitment, worker selection, placement or assignment decisions, contract negotiations, procurement, client relationships or other business operations of {{org_field_name}}.

For the avoidance of doubt, this policy relates to {{org_field_name}}’s activities as a temporary staffing agency/employment business. {{org_field_name}} does not, by virtue of supplying temporary workers, assume responsibility for the direction, management or supervision of clinical or personal care provided by those workers while they are working under the direction and supervision of a client organisation.

This policy also applies, where relevant, to third parties acting on behalf of {{org_field_name}}.

3. Related Policies

• Recruitment Policy
• Temporary Staffing Handbook
• Pre-Employment Checks Policy (including DBS & References)
• Whistleblowing Policy
• Professional Conduct and Code of Practice
• Complaints Policy
• Safeguarding Policy

4. Legal and Regulatory Framework

This policy must be read and applied in accordance with the legislation and regulatory requirements applicable to {{org_field_name}}, including, where relevant:

• Employment Agencies Act 1973, as amended – the principal legislation governing employment agencies and employment businesses.
• Conduct of Employment Agencies and Employment Businesses Regulations 2003, as amended – including requirements applicable to the conduct of employment businesses, dealings with work-seekers and hirers, suitability, information and records.
• Agency Workers Regulations 2010, as amended – providing statutory rights for qualifying agency workers, including applicable rights relating to equal treatment and access to facilities and employment opportunities.
• Employment Rights Act 1996, as amended – including applicable employment rights and statutory protection relating to protected disclosures.
• Employment Rights Act 2025 – to the extent that its provisions have been brought into force and apply to {{org_field_name}}.
• Bribery Act 2010 – including the offences concerning offering, promising, giving, requesting, agreeing to receive or accepting a bribe and the applicable obligations concerning the prevention of bribery.
• Equality Act 2010 – including applicable requirements concerning discrimination, harassment and victimisation in employment and the provision of employment services.
• Public Interest Disclosure Act 1998, which introduced statutory whistleblowing protections through amendments to the Employment Rights Act 1996.
• UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 – in relation to the collection, use, disclosure, storage and retention of personal information associated with conflict of interest declarations and investigations.
• The NMC Code: Professional standards of practice and behaviour for nurses, midwives and nursing associates, where applicable to Registered Nurses supplied by {{org_field_name}}.

{{org_field_name}} operates as an employment business supplying temporary workers and does not itself carry on a regulated activity for the purposes of the Health and Social Care Act 2008. Responsibility for compliance with legislation applicable to the provision of regulated care remains with the relevant regulated provider, subject to the separate legal duties that continue to apply directly to {{org_field_name}} and its temporary workers.

The Fair Work Agency is the state regulator responsible for enforcing employment agency and employment business legislation falling within its remit.

5. Definition of Conflict of Interest

A conflict of interest occurs when an individual’s private interests, personal relationships, or other professional responsibilities could compromise, or be perceived to compromise, their ability to act impartially, in the best interests of clients, service users, or {{org_field_name}}. Conflicts may be:

• Actual – where a conflict already exists.
• Potential – where a conflict may arise in the future.
• Perceived – where an observer could reasonably believe there is a conflict, even if one does not actually exist.

Conflicts of interest can arise in various ways, such as:

• A nurse being assigned to care for a close relative.
• An agency worker having a financial interest in a care home the agency supplies staff to.
• A director influencing recruitment or deployment decisions involving friends or family.
• Accepting gifts, hospitality, or favours that could influence decision-making.

6. Principles of Conduct

All staff, including directors and temporary workers, are expected to:

• Act honestly, ethically, and in good faith.
• Place the interests, safety, and wellbeing of service users above personal or financial interests.
• Avoid any situation that may compromise their professional judgement.
• Declare any actual, potential, or perceived conflict of interest to the director(s) immediately.
• Cooperate fully with {{org_field_name}}’s procedures for managing conflicts.

The director(s) will ensure that decisions regarding recruitment, placement, and service delivery are objective, transparent, and free from bias.

7. Examples of Conflicts of Interest in a Temporary Staffing Context

• A staff member working for both {{org_field_name}} and a competing agency supplying the same client.
• A nurse caring for a family member or close friend as part of an agency placement.
• A director receiving gifts or hospitality from a client, supplier, or contractor.
• An agency worker recommending the services of another business they personally benefit from, to a client or service user.
• A temporary worker using confidential information obtained through {{org_field_name}} for personal or financial gain.

8. Identifying and Declaring Conflicts of Interest

8.1 Responsibilities of Staff

All staff, including temporary workers, must:

• Proactively assess situations where a conflict may arise.
• Promptly report any potential or actual conflict of interest to the director(s).
• Complete a Conflict of Interest Declaration Form, where applicable.
• Cooperate with {{org_field_name}} to resolve any declared conflict.

8.2 Responsibilities of the Director(s)

The director(s) will:

• Ensure that all conflicts are appropriately recorded, assessed, and managed.
• Support staff in recognising conflicts through induction and ongoing training.
• Make final decisions on the management of identified conflicts.
• Record actions taken in a Conflict of Interest Register.
• Prevent deployment where a conflict may result in unsafe care or reputational damage.

9. Managing Declared Conflicts of Interest

Conflicts of interest will be managed based on their nature and severity. Actions may include:

• Reassigning staff to an alternative client.
• Removing individuals from involvement in recruitment, placement, or decision-making processes where a conflict exists.
• Declining or returning gifts and hospitality.
• Making appropriate disclosures to clients, commissioners, or regulatory bodies where necessary.

Where an individual refuses to declare or cooperate with the resolution of a conflict, disciplinary action may be taken, up to and including termination of engagement.

10. Gifts and Hospitality

10.1 General Principle

No director, employee, temporary worker or other person acting on behalf of {{org_field_name}} may offer, promise, give, request, agree to receive or accept any gift, payment, hospitality, favour or other advantage where doing so would constitute bribery or could improperly influence, or be intended to improperly influence, a business or professional decision.

There is no automatic exemption under the Bribery Act 2010 merely because a gift or hospitality is of low or nominal financial value.

10.2 Permitted Gifts and Hospitality

A modest and proportionate gift, such as chocolates, flowers or a thank-you card, may be accepted where all of the following conditions are satisfied:

• It is unsolicited.
• It is reasonable and proportionate in the circumstances.
• It is not cash or a cash equivalent.
• It is not offered or accepted in return for favourable treatment, influence or another improper advantage.
• Acceptance would not compromise, and could not reasonably be regarded as compromising, professional or business judgement.
• Acceptance is consistent with any applicable professional obligations and client rules.
• It is declared and recorded in accordance with {{org_field_name}}’s Gifts and Hospitality Register requirements.

10.3 Prohibited Gifts and Hospitality

Staff must not:

• Accept cash or cash equivalents.
• Solicit gifts, payments, favours, hospitality or other advantages.
• Accept or provide gifts, hospitality or other advantages intended to obtain or reward improper performance or favourable treatment.
• Accept valuable, excessive or repeated gifts where this could create an obligation, dependency or conflict of interest.
• Accept hospitality that is excessive, disproportionate or capable of improperly influencing a business or professional decision.
• Conceal a gift, payment, hospitality or other advantage that should have been declared.

All gifts and offers of hospitality that fall within {{org_field_name}}’s declaration requirements must be recorded in the Gifts and Hospitality Register maintained by the director(s).

Any person who is uncertain whether a gift or hospitality may be accepted must seek approval from a director before accepting it.

11. Confidentiality and Data Protection

Personal information obtained or created in connection with a conflict of interest declaration, assessment, investigation or management decision will be processed in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and {{org_field_name}}’s Data Protection and Confidentiality Policy.

{{org_field_name}} will:

• Process personal information lawfully, fairly and transparently and only where an appropriate lawful basis applies.
• Collect and use only personal information that is adequate, relevant and limited to what is necessary for identifying, assessing, investigating or managing the conflict of interest or meeting an applicable legal obligation.
• Restrict access to individuals who require the information for a legitimate business, legal, safeguarding, investigation or decision-making purpose.
• Keep information accurate and, where necessary, up to date.
• Retain personal information only for as long as is necessary for the purpose for which it was collected or for the establishment, exercise or defence of legal claims or compliance with applicable legal and regulatory record-keeping requirements.
• Apply appropriate technical and organisational measures to protect personal information against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Where information concerning a conflict of interest includes special category personal data, {{org_field_name}} will identify both an applicable lawful basis under Article 6 of the UK GDPR and an applicable condition under Article 9 of the UK GDPR and, where required, satisfy the additional conditions and safeguards contained in the Data Protection Act 2018.

Information relating to a conflict of interest will not be disclosed more widely than is necessary, unless disclosure is required or permitted by law or is reasonably necessary for the management or investigation of the matter.

12. Training and Awareness

All staff will receive:

• Induction training on recognising and managing conflicts of interest.
• Annual updates as part of mandatory training.
• Additional guidance where role-specific risks of conflict are higher.

Temporary workers will not be assigned to shifts until they have confirmed understanding of this policy.

13. Monitoring and Audit

The director(s) will:

• Maintain a Conflict of Interest Register.
• Audit compliance with this policy at least annually.
• Review all conflict declarations and resolutions.
• Ensure that lessons learned are incorporated into staff training and operational procedures.
• Include conflict of interest considerations in incident investigations and quality audits.

14. Whistleblowing and Reporting Concerns

Workers are encouraged to report suspected undisclosed, improperly managed or deliberately concealed conflicts of interest, bribery, corruption, fraud, unlawful conduct, danger to health and safety, safeguarding concerns or other wrongdoing in accordance with this policy and {{org_field_name}}’s Whistleblowing Policy.

Concerns may be raised internally with:

• The relevant director of {{org_field_name}}.
• Another director where the concern relates to the director who would ordinarily receive the report.
• The person or reporting channel identified in the {{org_field_name}} Whistleblowing Policy.

Nothing in this policy prevents a worker from making a disclosure to an appropriate prescribed person or prescribed body where the statutory requirements for doing so are satisfied.

Depending upon the subject matter, an appropriate external body may include:

• The Fair Work Agency, for matters falling within its remit concerning employment agencies, employment businesses or other labour market legislation that it enforces.
• The Care Quality Commission, where the disclosure concerns a matter falling within CQC’s statutory remit in relation to a CQC-regulated health or social care provider.
• The Health and Safety Executive, where the matter falls within its statutory health and safety remit.
• Another prescribed person or body identified in the current statutory list of prescribed persons, according to the nature of the wrongdoing.

A worker who makes a qualifying protected disclosure is entitled to the statutory protections provided by the Employment Rights Act 1996, as amended. Whether a disclosure qualifies for statutory protection depends on the circumstances and on the statutory requirements for a protected disclosure being satisfied.

{{org_field_name}} will not subject a worker to retaliation or victimisation because they have raised a concern or made a protected disclosure, and any allegation of retaliation or victimisation will be taken seriously and addressed in accordance with the applicable procedure.

15. Director(s) Oversight

The director(s) of {{org_field_name}} are responsible for the effective implementation and oversight of this policy.

Their responsibilities include:

• Ensuring that this policy is implemented, communicated and periodically reviewed.
• Ensuring that appropriate Conflict of Interest and Gifts and Hospitality Registers are maintained.
• Reviewing conflict of interest declarations and ensuring that appropriate management action is taken.
• Ensuring that individuals who have a conflict of interest do not participate in decisions where their impartiality may reasonably be compromised.
• Ensuring that serious or unresolved conflicts are escalated appropriately.
• Determining whether disclosure to a client organisation, professional regulator, law enforcement body, the Fair Work Agency, the Care Quality Commission or another competent authority is required or appropriate, having regard to the nature of the matter and the statutory remit of the relevant body.
• Ensuring that individuals are not subjected to retaliation or victimisation for properly declaring a conflict of interest or making a protected disclosure.
• Ensuring that personal information relating to conflicts of interest is handled in accordance with applicable data protection legislation.

Where a matter concerns care being delivered within a client organisation, {{org_field_name}} may notify the client organisation or an appropriate external authority where necessary, but this does not mean that {{org_field_name}} itself is the provider of the regulated activity.

16. Policy Review

This policy will be reviewed annually by the director(s) of {{org_field_name}}, or sooner if:

• Legislation, guidance, or good practice standards change.
• Issues identified through audits, complaints, or incident investigations require amendments.
• Requested by commissioners, regulators, or other stakeholders.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.