Anti-Bribery, Corruption & Fraud Policy
This document sets out M&J Evans’ policy in preventing, detecting and where required dealing with identified or suspected fraud, bribery and corruption, and provides the procedure on the reporting lines within the Company for such concerns to be raised.
The Directors of M&J Evans Group and Subsidiaries fully recognise and accept their responsibilities under the Fraud Act 2006 and Bribery Act 2010 and is committed to the eradication of fraud, bribery and corruption (including theft) and to the promotion of high standards of integrity. Fraud, Bribery and Corruption are not acceptable, and will not be tolerated. M&J Evans will seek the appropriate action against fraudsters and where possible, will attempt to recover losses.
The aim of this policy is to protect M&J Evans, its staff and its service users from corrupt activities that would undermine M&J Evans’ aims and objectives of meeting its requirements.
This policy applies to all employees of M&J Evans as well its contractors, suppliers, partners, consultants, wholly/partly owned companies and their subsidiaries, and external organisations.
This policy relates to all forms of fraud, bribery and corruption (including theft) and is intended to provide assistance to all those who may identify any suspected criminal activity that has a financial implication on M&J Evans’ resources.
This policy aims to:
- Establish the M&J Evans Group zero-tolerance approach to bribery and fraud howsoever enacted
- Promote the Company’s expectation that all employees, regardless of seniority, will adopt the highest standards of honesty and accountability
- Provide clear guidelines upon what is appropriate and inappropriate regarding corporate gifts and hospitality.
• Provide a robust framework for responding to allegations of fraud, bribery and corruption and provide advice and information on various aspects of fraud and the implications of an investigation.
- Ensure a counter fraud, bribery and corruption culture is promoted and embedded across M&J Evans’ employees, consultants, suppliers, contractors, outside agencies and their employees, any other party that M&J Evans is in a formal partnership relationship with including the wholly and partly owned companies.
• Ensure that any financial irregularity or suspected financial irregularity or allegation of fraud, bribery or corruption involving any of the stakeholders mentioned above is promptly reported via the correct reporting lines and investigated to a conclusion.
• Ensure the appropriate sanctions are considered following an investigation, which may include criminal prosecution and/or civil proceedings.
M&J Evans will take appropriate steps to ensure that:
• We do not, directly or indirectly, offer, promise, give, accept or demand a bribe or other undue advantage (including excessive gifts and hospitality) in order to obtain or retain business, or gain any other improper advantage.
• We do not offer, nor give in to demands, to make illicit or illegal payments to agents, public officials (at whatever level), or the employees of business partners or anybody else that we do business with.
• We engage and remunerate agents and other third parties only for legitimate services and adopt appropriate transparency in our approach.
• We promote employee awareness of, and compliance with, company policies against bribery and corruption through appropriate dissemination of our own procedures (including disciplinary procedures) policies and training programmes on induction and subsequently.
M&J Evans’ reporting arrangements seek to ensure that the interests of the public and the Company are protected against any form of malpractice that can reduce public confidence in the Company and its services, including acts committed outside of official duties but which may impact upon the Company’s trust in the individual concerned.
M&J Evans is committed to carrying out proper, prompt and formal investigations into all reports of suspected fraud, corruption, theft, irregularity or the improper use or misappropriation of the Company’s property or resources to minimise and prevent further losses.
Investigations will be carried out in accordance with relevant legislation, including:
• The Criminal Procedure and Investigations Act 1996
• The Police and Criminal Evidence Act 1984
• The Human Rights Act 1998
• The Regulation of Investigatory Powers Act 2000 7
Reporting Suspected Fraud or Bribery
If there are any concerns or it is suspected that a form of fraud or bribery is taking place, they should raise their concerns in writing to the CEO, detailing the grounds for concerns.
How M&J Evans Group will respond
The way M&J Evans Group may respond to an employee’s or third party’s concerns will depend upon the nature of the complaint.
This policy will be reviewed annually, and in line with future legislative updates and the current and future needs of M&J Evans Group.
1 Definition: The receiving, offering, giving, providing, requesting or accepting of a financial or other advantage, in order to seek to induce a person or to induce a person to give improper assistance in breach of their duty, or to otherwise influence someone with the underlying purpose of obtaining/retaining business, or an advantage in the course of business. “Bribery” for this purpose includes so-called “facilitation” or “grease” payments, defined as non-discretionary payments made to government or public officials to speed up routine administrative processes, even if such payments are nominal in amount.
2 Definition: The misuse of entrusted power/breach of duty for personal gain