Mrl

MRL® POLICY

Due Diligence, Fraud and
Anti-Corruption Policy

Scope

This policy sets out MRL® Public Sector Consultants Ltd (MRL ) responsibilities for staff, associates, contractors and other representatives, such as, interns, with regards to fraud, bribery and corruption. It is for both internal and external use.

MRL ® conducts its business in a legal and ethical manner and has a zero-tolerance approach to fraud, bribery and corruption, and as such, all forms of fraud, bribery and corruption are prohibited.

Staff and other representatives, as specified above, are responsible for acting honestly and with integrity, and must ensure that their activities, interests and behaviors do not conflict with these obligations, regardless of their seniority.

Objectives

The objectives of our policy are as follows

• To provide definitions of fraud, bribery and corruption, and to define authority levels, responsibilities for action and reporting lines in the event of suspected, attempted or actual fraud, bribery or irregularity.

• To ensure that all staff members and representatives are aware that MRL ® takes all allegations of fraud, bribery, and corruption seriously and will not hesitate to invoke the disciplinary procedure should the allegations be found to be true.

Definitions

Fraud

Fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. The Fraud Act 2006 defines three class of fraud:

• False representation: a person commits fraud by intentionally and dishonestly making a false representation. A false representation includes intentionally giving a misleading or untrue statement.

• Failing to disclose information: a person commits a fraud if they dishonestly fail to disclose information.

 

Bribery

Bribery is giving or receiving a financial or other advantage in connection with the “improper performance” of a position of trust, or a function that is expected to be performed impartially or in good faith.

Bribery does not have to involve cash or an actual payment exchanging hands and can take many forms such as a gift, lavish treatment during a business trip or tickets to an event, whether given directly or through a third party.

Corruption

Corruption is any use of actual or deemed/perceived power for personal gain.

Key Legislation and Regulation

• The Fraud Act 2006

• The Bribery Act 2010

Due Diligence

MRL® will apply due diligence procedures, taking a proportionate and risk-based approach, in respect of persons and organisations that perform or will perform services for or on behalf of MRL® in order to mitigate identified bribery risks.

Project and Programme Managers or other nominated individuals will complete sufficient due diligence when entering into arrangements with others to ensure they are not acting corruptly, and to periodically monitor their performance to ensure ongoing compliance. They will take appropriate action in response to any information uncovered as a result of due diligence which gives rise to concern and will report any such actions to the Executive Director.

Policy Statement

1. This policy does not form part of the employees’ contract of employment and may be amended at any time.

2. This policy applies to all employees, staff, officers, consultants, contractors, volunteers, and casual staff. This policy also applies to fraud, bribery and corruption allegations by or against third parties such as clients’ customers or visitors.

3. Staff and representatives of MRL® are required by the Bribery Act 2010 to not, either directly or indirectly:

• Offer, give, solicit, or accept any bribe, either in cash or any other form, to or from any person, company, or other party. This applies no matter where that person is located and whether they are a public official or body, or a private person or company.

• Give or retain any commercial, contractual, or regulatory advantage through unethical or illegal means when conducting business on behalf of MRL ®

4. MRL ® has adequate systems of internal control to prevent and detect fraud, bribery and corruption. All staff are responsible for familiarizing themselves with the types of fraud, dishonesty, bribery, and corruption that might occur in their projects and should notify their line manager (or any of the people specified in the procedure below) of any indications of fraudulent activity.

5. Arrangements with third parties will be subject to clear contractual terms, including specific provisions requiring them to comply with standards and procedures relating to the prevention of bribery and corruption. MRL® will not engage, or continue business with, any individual or third party who we know or reasonably suspect of engaging in fraud, bribery, or corruption.

6. Staff and representatives will not suffer penalties or other adverse consequences for refusing to pay a bribe even if a refusal may result in loss of business or a delay in proceedings.

7. MRL ® ensures that its fraud, bribery and corruption prevention, and associated policies and procedures, are embedded and understood throughout the organisation through internal and external communication, including training that is proportionate to the risk it faces.

Procedure

• Staff and representative should report without delay all suspected or actual incidents of fraud concerning a client, third party or another staff member to their line manager who will consult with the Executive Director and will convene a meeting if appropriate and as soon as is practicable to do so. The Executive Director will give advice and guidance as to the further conduct of any investigation.

• Staff and representatives should report without delay all other suspected or actual incidents of fraud, bribery or corruption allegedly perpetrated by individuals other than colleagues to study to the Executive Director.

• Where staff and representatives feel unable to report in this way, they should report this through MRL®’s Whistleblowing Policy.

• Where initial investigation provides reasonable grounds for suspicion of fraud or bribery, the Executive Director will decide how to prevent further loss. If the individual under suspicion is an employee or representative of MRL® this may require the suspension of the person(s) alleged to have committed the suspected fraud or irregularity. For an employee, this suspension could be with or without pay. It may be necessary to plan the timing of the suspension to prevent the individual(s) from destroying or removing evidence that may be needed to support disciplinary or criminal action.

• The Executive Director will decide at what stage a case should be reported to the police or other external agency such as the Serious Fraud Office (SFO). Certain offices carry criminal liability for individuals concerned and sanctions include significant fines and/or imprisonment.

• The Executive Director will:

• maintain familiarity with MRL®’s disciplinary procedures, to ensure that evidential requirements are met during a fraud investigation.

• ensure that staff and representatives involved in fraud investigations are familiar with and follow rules on the admissibility and other evidence of criminal proceedings. This will usually involve the appointment of specialist fraud investigators.

• The Executive Director will consider whether it is necessary to investigate systems other than that which has given rise to suspicion, through which the individual(s) may have had opportunities to misappropriate MRL®’s property.

• MRL® will investigate all instances of actual, attempted, and suspected fraud, bribery and corruption committed by staff, representatives, consultants, suppliers and other third parties and will seek to recover funds and assets lost through fraud. Where individuals do not comply with this policy, they risk suspension or loss of employment and may be reported to external agencies such as, the Police.

• MRL®’s Disciplinary Policy for staff and representatives as applicable. contains information on the right of appeal. If a fraud or bribery is reported to external agencies, for example the Police, the subject will have a right of appeal in the context of any action the agency might choose to take.