Concerned about possible bribary costing me my job
Concerned about possible bribary costing me my job
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Pistom

Original Poster:

6,382 posts

187 months

Wednesday 19th January 2011
quotequote all
I've found myself in a situation and not sure how to deal with it.

We have a very successful overseas agent who some time ago approached me and offered me a "kickback" if I increased his commission payments. So on a £100K deal, his commission would normally be say £10K, if I convinced my bosses that the commission should be 20% then he would give me £5K in cash. He guaranteed it would be discreet and nobody would know about it. I declined as I really didn't want to get into a compromising position. He said that it was up to me but others before me have done it that way.

My predecessor has now come back to the Company and is trying to convince my boss that he should take control of the agent as "they worked so well together" and "he knows how to get business better than me". I can see that he has paid increased commissions to the agent previously so I suspect he has taken the cash in the past.

He is now spreading malicious rumours about me which is undermining my position and I suspect he is doing this in an attempt to be awarded the region.

I could just hand the agent over to him but that then would reduce my area of responsibility and reduce my legitimate bonus payments from my Company.

I could fire the agent but he would be very difficult to replace.

If I speak to my boss, the only evidence I can give is the history of increased commission payments but that is not unusual in our business and the reduced commission can be justified by the fact that we are now in tougher economic times.

I feel as if I am fighting for my job when the only thing I've done wrong is not highlighted the offer made to me a few years ago.

What would you do?

H6CJF

713 posts

219 months

Wednesday 19th January 2011
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Explain to them both that you are fully aware of the previous 'arrangement' and that you will not support the idea of them working together again. Point out that you have excercised discretion up until now as rocking the boat would serve no purpose. However, you now have reason to believe that if they were to work together again it would be to the detriment of the company and if they wish to take it further (ie to your boss) then you would be obliged to reveal what you know.

HTH

Pistom

Original Poster:

6,382 posts

187 months

Wednesday 19th January 2011
quotequote all
At the moment, the agent appears to be neutral over whether he deals with me or my predecessor.

I have no evidence over what has gone on before and I don't believe my predecessor will listen to reason. He knows I have no proof as the agent has promised discretion.
So I have nothing to go to my boss with.

I'm also concerned that my boss will take a dim view that I only saw fit to highlight this situation once my own position was in jeopardy from this other guy.

I think I have no option but to take it to my boss though as the longer I let this continue, the weaker my argument becomes as this other guy undermines me.

I feel, either way - I'm stuffed.


T5R+

1,226 posts

237 months

Wednesday 19th January 2011
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OUCH!

You go to the boss and at the very least get a b0llocking. No doubt the agent will get some abuse also. Does the agent then side with the previous guy?

Do nothing and you continue to feel bad and probably will get undermined.

IMO you need to go to the boss. The boss, if of any merit, will know that some agents offer "kickbacks".

You are a better person than most turning down £5K tax free clap

bucksmanuk

2,424 posts

198 months

Wednesday 19th January 2011
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Happens a lot dealing with overseas agents. Its surprising common around the world. The Far East is terrible for this…
You have to tread carefully over this one, but taking bribes, which could affect business in the end needs reporting to bosses. They will know it goes on anyway. I would be interested top hear what others have to say. Although £5k is tempting, the thought of a P45 is less so.

davepoth

29,395 posts

227 months

Wednesday 19th January 2011
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Problem is, if you tell your boss now you will get in trouble for not bringing it up when it happened. I think the best thing to do is keep quiet.

Glocko Shirts

1,813 posts

277 months

Wednesday 19th January 2011
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Could you offer the agent 25%?
boxedin

Pistom

Original Poster:

6,382 posts

187 months

Wednesday 19th January 2011
quotequote all
I am impressed with the suggestions here.

Yes it is the far east!!!

Re taking the money in the first place - I didn't give in to taking the money as I didn't want any hassle in the future! It wasn't a sense of honesty, I just didn't need any fallout from it. My Company pay me a reasonable salary and taking it would in effect be stealing from them. Maybe taking the money would have been the smarter move.

I like the idea of the 25% but we couldn't stretch to that but more than anything, I don't want to "reward" this guy who is in effect trying to get me out by giving money to him but the suggestion is a clever one. I also realise he is smarter than me in putting his case forward!

I think deep down, I want to spill the beans, blow the whistle and bring an end to it but I'm frightened by the repercussions. Don't rock the boat if you're frightened of getting wet.


hman

7,497 posts

222 months

Wednesday 19th January 2011
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Get a new job, you are surrounded by dishonest and malicious people.

Reminds me of my last company...

anonymous-user

82 months

Thursday 20th January 2011
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Firstly good for you not doing the deal. I've done a couple of anti coruption audits in my time, nearly impossible to prove, can you prove what you are saying? if yes go to you boss with a witness, if not forget it.
And why is this far eastern coruption? the receiver of the money is in the UK! I've seen load of coruption, in my job, including the UK, Scandanavia and Germany,

MKR

485 posts

194 months

Thursday 20th January 2011
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Two things to consider may be how important is this agent to the company you work for? And why can't everyone be happy?

The other guy has reappeared, perhaps because the agent has been doing some extra work behind the scenes and maybe even offered this guy a bigger bonus or something like that?

Perhaps you can simply persuade your bosses that the commission is £15k - that way you are the right guy to be dealing with this agent and the agent has to be happy right? That is afterall what he asked for? If necessary you could make it £16k so he is even better off than he would've expected. Then you aren't getting the kick back or stealing the money from your company and everyone is happy. The agent should also prefer this as he is getting what he wants without being underhanded and risking losing his position as an agent.

After this if the other guy gets a cob on and gives you hassle you can tell whoever you need to - that he only wants it because the agent offered a kick back that you haven't taken, but you have ensured that the agent is happy (and hopefully effective, perhaps with some renewed enthusiasm) and therefore the company doesn't lose a powerful / important agent.

Nick M

3,632 posts

251 months

Thursday 20th January 2011
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Pistom said:
I think deep down, I want to spill the beans, blow the whistle and bring an end to it but I'm frightened by the repercussions. Don't rock the boat if you're frightened of getting wet.
and

hman said:
Get a new job, you are surrounded by dishonest and malicious people.
If this agent has offered such 'inducements', what's to say other agents haven't done the same for your other colleagues ?

Not wanting to put you off - quite the opposite - but bear in mind that if you open a can of worms it could get messy for a lot of people.

And you never know, your boss may have been well aware of such payments if he has done a role similar to yours in the past or is aware of how some agents operate.


But hman's comments resonated too - if the environment is so unpleasant and people are prepared to stab you in the back for the sake of a few quid, is it worth looking at moving and then just chucking a few 'grenades' as you walk out the door ?

Pistom

Original Poster:

6,382 posts

187 months

Friday 21st January 2011
quotequote all
I appreciate the comments. This is a tough one to discuss with others.

I think there are back stabbers everywhere you go so whilst looking to leave is tempting I think I've got to deal with the situation.

I could increase the payments to the agent to £16K but he is of the mentality that underhand is best. It's difficult to explain this but those that have dealt with far eastern agents may know what I mean. He also wants to do it as a reward to me - his principal as it forms a bond - a tie.

I think I have to tough it through whilst leaving my options open.

davepoth

29,395 posts

227 months

Friday 21st January 2011
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I get it - it's not really that dodgy over there, it's just a business practice.

Oversteer

247 posts

286 months

Friday 21st January 2011
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Couldn't help it, it's "Bribery", not "Bribary". The latter is
a type of Monkey. I made that up.

The_Jackal

4,854 posts

225 months

Friday 21st January 2011
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Surely his offer of 5k is an insult to begin with (compared to how much he stands to make, and how much you could lose).
Covertly record him offering the bribe. Inform him of this info you have and tell him to wind his neck in.
Oh and also put the feelers out for a new job.
It sounds like your chosen area of business is very "dog eat dog". So, I would imagine you need to play hard ball too or prepare an exit strategy or just bite the bullet and go with the flow.

TurricanII

1,516 posts

226 months

Saturday 22nd January 2011
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Go back to the agent on a recorded phone line and get him to repeat that others have done this without your employer finding out.
Tell the boss that the other guy is ripping the company off for thousands of pounds. Tell them you are 100% straight and if you keep the agent you will ensure the commission stays at 10% with no kickbacks.

Edited by TurricanII on Saturday 22 January 01:10

uuf361

3,164 posts

250 months

Saturday 22nd January 2011
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Not too sure tbh but the Anti Bribery and Corruption Bill could have an effect here, when it comes into proper force...

Jonnas

1,004 posts

191 months

Saturday 22nd January 2011
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Your boss will be well aware of this type of practice and the behaviour it breeds as exhibited by your colleague. You have done nothing wrong, not telling your boss when the offer was made is not a crime (unless you have a policy which says you have to report offered kickbacks) and you dealt with it yourself. I would just be upfront and have a discussion with your boss about the situation. Don't make any accusations, just highlight your concerns and ask his advice as to how to deal with the situation. You'll be fine......

TurricanII

1,516 posts

226 months

Sunday 23rd January 2011
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After the good advice above about the boss already being aware of such things, be careful that he is not doing the same thing himself before acting..