Our Anti-Fraud & Anti-Corruption Policy and Gifts & Hospitality Policy reflect our determination to maintain the company’s reputation of working to the highest ethical standards and ensuring compliance with legislation, including the Bribery Act 2010.
Smith & Ouzman Ltd has an on going commitment to our Corporate Social Responsibility and recognise the importance of undertaking ethical business practices, ensuring the health and safety, well being and training of our employees, controlling our impact on the environment, and having a positive impact on the society and communities that we work within.
We undertake to achieve this by working with our customers, employees, suppliers, business partners, communities and other stakeholders to act on our responsibilities by working within our core business principles:
• We recognise that our social, economic and environmental responsibilities to our stakeholders are integral to our business. We aim to demonstrate these responsibilities through our actions and within our company policies.
• We take seriously all feedback that we receive from our stakeholders and, where possible, maintain open dialogue to ensure that we fulfil the requirements outlined within this policy.
• We shall be open and honest in communicating our strategies, targets, performance and governance to our stakeholders in our continual commitment to sustainable development.
• We are committed to full legal compliance in all that we do.
• We aim to provide a safe, fulfilling and rewarding career for all our employees.
• We actively assess and manage the environmental impacts of all our operations.
• We will further develop our standing as a responsible business in the community.
• We strive to support local, national and international causes where we have a business presence.
• We will benchmark and evaluate what we do in order to monitor our outputs against our targets and objectives.
• We will operate in a way that safeguard against unethical or unfair business practices.
Smith & Ouzman’s policy is to continually seek to minimise any negative environmental impact and to continuously improve all systems to manage and mitigate the use of environmentally damaging pollutants. S&O will ensure this policy is viable in pursuit of its various business interests whilst continuing to produce high quality product to its customers’ needs, specification and satisfaction.
To this end the benefits of our products must be weighed against any environmental impact as a result of their manufacture, sale and ultimate disposal.
All employees are to carry out operations, so that, as far as reasonably practical the environment and Health & Safety of any one person will not be adversely affected.
Environmental impact is therefore considered throughout the organisation in relation to:
1. Design and development of new products and processes;
2. Selection of raw materials and suppliers thereof;
3. Internal production methods, with particular emphasis on;
o Raising awareness and encouraging participation from employees
o Reducing pollution, emissions and waste
o Reducing the use of raw materials, energy and supplies
o Minimising and controlling hazardous substances
o Optimising packaging of raw materials and finished products
o Keeping grounds/car parks actively maintained to protect wildlife
It is the Company’s policy to comply with and aim to improve upon all statutory & legal environmental requirements and to foster an informed and open approach to environmental concerns. S&O will set targets and Objectives on an annual basis to reduce the Environmental aspect of the business. These will be relevant to the company and the customers we serve.
The involvement of our employees, customers, suppliers, local communities/authorities will be encouraged to assist us in the achievement of this policy and in continually seeking to improve environmental performance.
Policy for Health and Safety at Work
It is the Policy of the Company that every possible step will be taken to ensure the Health and Safety at Work of all its employees. In order to carry out this Policy, the following major hazards are recognised and training at all levels will be organised so that these may be avoided:
o Risk from fire
o Contamination of persons by chemicals
o Danger from machinery, guillotines, etc.
o Risk from lack of hygiene
o Non-compliance with building regulations
o Everyday accidents
o Risk from general untidiness
Management at all levels shall ensure their responsibility for Health and Safety within their own departments, as with any other of their duties and functions within the Company.
Equally, it is the duty of every employee to take all reasonable steps to care for the Health and Safety of themselves and their fellow workers and any other person who may be on the Company’s premises for any purpose whatsoever. Where Health and Safety regulations are imposed by the Company and/or by Law, it is the duty of all employees to comply with such regulations and report any risk or breach of regulations to the Manager of the Department. Suitable and sufficient PPE is supplied. Supplied PPE must be used at all times. Failure to use supplied PPE may result in disciplinary action.
A Safety Director and a Safety Management representative will be appointed by the Company. The Safety Director will be responsible to the Board of Directors for the effective and efficient organisation and maintenance of Health and Safety within the Company.
A Safety Committee will be set up and will consist of the Safety Director, Management Safety Representative, Union Representative(s) and such other members as the Health and Safety Committee shall from time to time decide.
Specific duties are detailed in separate schedules.
1.1. Smith & Ouzman Ltd (“the Company”) will not tolerate fraud, corruption or abuse of position for personal or corporate gain, wherever it may be found in any area of Company activity.
1.2. The purpose of this Policy is to set out for the benefit of all Directors, Management, employees, third party agents and representatives, customers, suppliers and stakeholders the main principles for countering fraud and corruption.
1.3. The policy links closely to the Company’s strategic objectives and supports the Company’s values of security, integrity and reliability.
1.4. The Policy includes:
o The scope;
o The culture and the stance against fraud and corruption;
o How to raise concerns and report malpractice;
o The principle of having a Company anti-fraud, anti-corruption & anti-bribery strategy;
o The responsible officer.
1.5. The Board of Directors play a key role in counter-fraud and counter-corruption initiatives. This includes providing a corporate environment within which counter-fraud and counter-corruption arrangements will flourish and the promotion of an anti-fraud, anti-corruption and anti-bribery culture across the whole of the Company. This should provide a sound defence against internal and external malpractice.
1.6. Part of the Company’s professional advisors duties is to ensure that the Company has in place adequate arrangements for the prevention and detection of fraud, corruption and bribery.
1.7. The company recognises that a system of risk and review is required and supports the IMS team to ensure continual improvement is effective across the ABMS.
2. Definition of Fraud, Corruption & Bribery
2.1. The Chartered Institute of Public Finance and Accountancy (Cipfa) defines Fraud as the;
“intentional distortion of financial statements or other records by persons internal or external to the organisation, which is carried out to conceal the misappropriation of assets or otherwise for gain.”
2.2. The Fraud Act 2006 further defines fraud in three classes;
o False representation
o Failure to disclose information where there is a legal duty to do so
o Abuse of position
2.3. Cipfa defines Corruption as the;
“offering, giving, soliciting or acceptance of an inducement or reward which may improperly influence the action of any person.”
2.4. The Theft Act 1968 defines theft as;
“a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”
2.5. The Bribery Act 2010 defines bribery as;
“as 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.
3.1. The Policy applies to Directors, Management, employees “staff”, third party agents and representatives, and all persons (full time, part time, temporary and casual) who work for the Company.
3.2. The Company expects that individuals and organisations (e.g. partners, suppliers, contractors, service providers, agents and representatives in the UK and overseas) that it deals with will act with integrity and without thought or actions involving fraud, corruption and bribery. Where relevant, the Company will include appropriate clauses in its contracts about the consequences of fraud, corruption and bribery; evidence of such acts is most likely to lead to a termination of the particular contract and may lead to prosecution.
3.3. The Anti-Fraud, Corruption and Bribery Policy, is commended to the Company’s partner organisations, with the expectation that they will be applied either wholly or as the basis for their own local version.
3.4. Our Anti-Fraud, Corruption and Bribery Policy reflects the Laws and Regulations applicable to the UK and as derived from the United Nations (UN) and Organisation for Economic Co-operation and Development (OECD) conventions on corruption.
3.5. The scope of this Policy is applied to the Company’s activities in the UK and overseas. Contracts undertaken overseas with customers, suppliers as well as third party agents and representatives must also comply with their local anti-fraud, anti-corruption and anti-bribery legislation.
4. Culture & Stance Against Fraud, Corruption & Bribery
4.1. Responsibility for an anti-fraud, anti-corruption and anti-bribery culture is the joint duty of the Directors who provide the strategic direction to the Company, Management, and all employees, as well as third party agents and representatives. The strategy should be directed against fraud, corruption and bribery whether it is attempted against the Company, its supply chain partners, customers or other third party, from outside or from within its own workforce.
4.2. The Company expects that Directors, Management, and Employees, including third Party agents and representatives, at all levels will lead by example in ensuring adherence to this Policy, legal requirements, codes of conduct and best practice.
4.3. As part of this culture, the Company will provide clear routes by which concerns can be raised by employees of all levels, supply chain partners, customers or other third party.
4.4. Senior Management is expected to deal swiftly and firmly with those who commit any fraudulent or corrupt act. The Company will be robust in dealing with malpractice.
4.5. The Company shall have in place a Committee comprising Finance Director, Sales Director and Managing Director, inclusive of an independent legal professional advisor, whose role is relevant and effective in monitoring standards of conduct and financial payments.
4.6. The Committee shall meet at least annually, and shall ensure that adequate arrangements are established and operating to deal with situations of suspected or actual wrongdoing, fraud, corruption and bribery.
5. Raising Concerns
5.1. Although this document specifically refers to fraud, corruption and bribery, it equally applies to any forms of malpractice that can reduce confidence in the Company, its services and reputation, and may also include acts committed outside of official duties but which impact upon the Company’s trust in the individual concerned. Examples may include the criminal acts of theft of "property", which includes all assets and cash; false accounting; obtaining by deception; pecuniary advantage by deception; computer abuse and computer crime.
5.2. “Pressures” can be applied from a number of sources including, customers, suppliers, competitors, the public etc. to act in a particular way in a particular case; this may involve "favouritism" regarding the provision or access to various benefits (e.g. commission structures, rebates, contract award and pricing, etc.).
5.3. Company employees are an important element in the Company’s stance on fraud, corruption and bribery, and they are positively encouraged and directed to raise any concerns that they may have on these issues where they are associated with the Company’s activity.
5.4. Employees should normally raise concerns thorough their immediate manager, however it is recognised that they may feel inhibited in certain circumstances. In this case, employees should contact one of the Company Directors.
6. Action the Company Will Take
6.1. All concerns will be treated in confidence and will be investigated promptly and fully in a professional manner. It should be noted that an allegation does not mean the individual person or Company is guilty of any wrong-doing, and so they will not be treated as such until the case is proven.
6.2. If fraud, corruption or bribery has taken place, the Company will, in appropriate cases:
• Refer the case to the police and other relevant regulator authorities;
• Take appropriate disciplinary action where it involves an employee and this may lead to dismissal;
• Pursue recovery for any financial loss.
6.3. There is, of course, a need to ensure that the investigation process is not misused, therefore, any internal abuse, such as raising malicious or vexatious allegations, may be dealt with as a disciplinary matter.
7. Anti Fraud, Corruption & Bribery Strategy
7.1. This Policy also forms an important part of the anti-fraud, anti-corruption and anti-bribery strategy by setting out the tone, culture and expectations of the Company, as part of the corporate framework.
7.2. The Company is concerned with both operational activity to detect and investigate fraud and corruption and also pro-active actions to deter and prevent fraud and corruption through the development of an anti-fraud, anti-corruption and anti-bribery culture.
7.3. The Company’s Anti-Fraud, Corruption and Bribery Policy requires Employees:
• Not to offer or make any bribe, unorthodox or unauthorised payment or inducement of any kind to anyone;
• Not to solicit business by offering any bribe, unorthodox or unofficial payment to customers or potential customers;
• Not to accept any kind of bribe, unorthodox or unusual payment or inducement that would not be authorised by the Company in the ordinary course of business;
• To refuse any bribe or unorthodox payment and to do so in a manner that is not open to misunderstanding or giving rise to false expectation, and to report any such offers;
• To report any breaches of the policy, related principles or standards or of any associated legislation;
• Not to make facilitation payments, even if such payments are local practice or custom.
7.4. Employees must take care they do not accept, or make a facilitation payment when performing their normal duties.
7.4.1. A facilitation payment is a payment of gift, often of small value, made to a public official to speed up or secure the performance of a routine action. A facilitation payment is a bribe, and is illegal under the Bribery Act 2010. The Company accepts that refusal to make illicit payments may lead to commercial delays and that there may be a commercial cost to the Company attributable to this policy.
7.4.2. Employees must report any incident to their line manager without delay, where they encounter a demand for a facilitation payment, feel forced to make a facilitation payment, or they are concerned that a transaction may resemble a facilitation payment.
7.4.3. The Company recognises that demands for facilitation payments are often backed by a form of extortion and resistance may not be feasible. When faced with a demand for a payment, the employee should ask for proof that the payment is legitimate and request an official receipt. If no satisfactory proof is available, employees should refuse to make the payment.
7.4.4. In exceptional circumstances, where personal safety or that of another is at risk, the Company accepts that employees will need to use their best judgement. The Company will stand by employees who find themselves placed in exceptional situations provided that the employee has provided absolute transparency as to the circumstances surrounding a payment immediately after the incident has occurred.
7.4.5. In the event that a facilitation payment is made, the Finance Director will fully investigate the event, record the payment in the Company accounts and report the incident to the appropriate authorities.
7.5. The Company recognises that there are a number of emerging overseas markets in which the legal system is internally contradictory, a different cultural acceptance of malpractice is in place, and where corruption and bribery may take place. Ensuring compliance with our policies may be more difficult; however we recognise the importance of the rule of law and the elimination of corruption and will rigorously enforce this policy notwithstanding such difficulties.
7.6. Specifically, the Company will use the Corruption Perception Index as an active tool to ensure that the closest attention is paid to the countries presenting the highest risk. The baseline will be to treat all overseas markets, whether public or private sector, without prejudice, as high risk sectors and shall apply the full scope of our anti-fraud, anti-corruption and anti-bribery procedures accordingly.
8. The Compliance Officer
8.1. The Managing Director is the "Responsible Officer" who is responsible for ensuring that the Company has control systems and measures in place to enable the prevention and detection of inaccuracies, fraud and
corruption. An Anti-Fraud, Corruption and Bribery Policy helps towards discharging part of this responsibility.
8.2. Accordingly, the Responsible Officer will:-
• Take overall responsibility for the maintenance and operation of this Policy;
• Promote awareness of the principles and practices it contains;
• Maintain records of financial malpractice, including concerns and allegations received, matters arising from audits, investigations and evidence and the outcomes;
• Report as necessary to the Board.
1.1 Smith & Ouzman Ltd (“the Company”) recognises that the offer and acceptance of gifts and hospitality can be part of building normal business relationships.
1.2 In different geographical locations, this practice can vary significantly, often depending on local laws and specific customs. Some gifts and hospitality can create improper influence and conflicts of interest and in some instances they can be viewed as bribes that could damage the Company’s reputation or even break the law.
1.3 The expectation is that all staff, being employees and International Agents in all countries in which we operate (“staff”), will conduct themselves with integrity, impartiality and honesty at all times.
2.1 The purpose of this policy is to set out the responsibilities of staff in observing and upholding our position on the offer and acceptance of gifts and hospitality, and to avoid the potential for any perceived or real conflict of interest or allegation of bribery or corruption.
3.1 This policy applies to all staff of the Company.
3.2 This policy should be read in conjunction with the Company’s Anti-Fraud and Anti-Corruption Policy.
4.1 A “gift” is defined as any item, cash or goods, or any service which is offered for personal benefit at a cost, or no cost, that is less than its commercial value.
4.2 “Hospitality” is defined as any generous or material welcome or reception that is more than an incidental kind, such as beverage or light refreshment.
5.1 Staff are prohibited from offering, soliciting or accepting any gift or hospitality which could reasonably be deemed likely to influence any future business decision.
5.2 The Company seeks to protect staff from allegations of impropriety by ensuring that the offer or acceptance of all forms of gifts and hospitality is transparent, approved and, where appropriate, recorded.
5.3 In determining whether the offer or acceptance of a gift or hospitality is appropriate, consideration should be given to the recipient or provider, the value, and the reason for it.
5.4 Staff must declare offers and acceptances of gifts and hospitality in accordance with this Policy’s guidelines.
6. Recording of gifts and hospitality
6.1 HR will record all reported gifts and hospitality in the “Gift and Hospitality Register” which shall be reviewed annually by the Board of Directors.
6.2 It is the staff member’s responsibility as a matter of corporate discipline to inform HR by email or in writing of any offer or acceptance of gifts or hospitality, whether accepted or declined, that fall within this Policy’s guidelines.
7. Raising concerns and seeking guidance
7.1 Staff are encouraged and directed to raise concerns with their line manager or HR about any instance of malpractice at the earliest possible stage.
8. Policy Guidelines
8.1 The primary responsibility for deciding whether the offer or acceptance of a gift or hospitality is appropriate lies with the individual member of staff.
8.2 Staff must ensure that the offer or acceptance of a gift or hospitality does not create, or appear to create, a conflict of interest for those involved.
8.3 Staff should consider whether attendance at a social hospitality event, eg sporting and cultural events, is appropriate to the business and whether the interests of the company can be clearly demonstrated, eg networking opportunities.
8.4 The offer or acceptance of gifts and hospitality must be consistent with the policy and laws of the applicable third party organisation or country
To ensure, through effective controls and procedures, that the company’s assets, including confidential information, are protected from fraudulent attack, misuse, corruption or loss. Key actions will be:
To adopt a system of risk analysis to ensure all recognised threats are evaluated.
To introduce security measure (e.g. physical, logical, authentication, encryption) to prevent fraud, disclosure of confidential information, loss or corruption of data.
To promote and maintain security awareness amongst all personnel.
To ensure that personnel employed by the company are suitable for working in a security printing
To ensure that the company’s activities meet current legal and regulatory requirements.
- The purpose of the Policy is to protect the organisation’s information assets from all threats, whether internal or external, deliberate or accidental.
- The Board of Directors have approved the Information Security Policy.
- It is the Policy of the organisation to ensure that:
– Information will be protected against unauthorised access;
– Confidentiality of information will be assured;
– Integrity of information will be maintained;
– Availability of information is ensured as required by the business processes;
– Regulatory and legislative requirements will be met;
– Business Continuity plans will be produced, maintained and tested;
– Information security training will be available to all staff;
– All breaches of information security, actual or suspected, will be reported to, and investigated by, the Director responsible for Security.
- Procedures exist to support the policy. These include virus control, passwords and business continuity.
- Business requirements for the availability of information and information systems will be met.
- The Director responsible for Security has direct responsibility for maintaining the Policy and providing advice and guidance on its implementation.
- All managers are directly responsible for implementing the Policy within their business areas, and for adherence by their staff.
- It is responsibility of each member of staff to adhere to the Policy.
Our Quality Management System supports the companies scope to Design and supply products and services which consistently and fully meet our customers’ requirements.
The company is committed to comply with those requirements and continually improve the effectiveness of our quality management.
To achieve this Policy we operate a Quality Management System to the requirements of BS EN ISO 9001: 2015.
We have established a robust Quality Management System which includes: A structured IMS Review strategy to meet objectives and deliver Products of high quality which continue to be suitable to the business and our customers’ requirements.
All employees are fully briefed on the Quality Management System, and participate in continual training to ensure competence and awareness.
Smith & Ouzman are committed to working in partnership with suppliers, and ensuring fair and ethical employment conditions throughout our supply chain. We have therefore implemented an Ethical Trading Policy, which works in conjunction with the company’s Anti-Fraud, Corruption & Bribery and Corporate Social Responsibility Policies.
We believe strongly in ethical principles and stewardship and are proud to guarantee that we trade according to the following Ethical Trading Criteria, and in turn encourage our suppliers to operate under the same ethical standards.
Smith & Ouzman’s Commitment
As a socially responsible business, local community and customers have a right to expect:
o Products sourced by Smith & Ouzman are produced under working conditions that are hygienic and safe.
o All workers involved in the delivery of services provided to Smith & Ouzman are treated with full consideration to their basic human rights.
o Smith & Ouzman acts in an ethical manner above and beyond the basic legal requirements.
o Smith & Ouzman is therefore committed to implementing the principles of the Ethical Trading Initiative Base Code (although we are not members of the ETI).
This policy sets out Smith & Ouzman’s commitment to its suppliers and customers; setting out the measures we are taking to ensure that we are acting in an ethical manner.
Our Suppliers Commitment
We require our suppliers to be committed to the Code of Practice covering the minimum standards relating to employment rights, working conditions and wages, as set out below;
Employment should be freely chosen
o All workers should be working of their own free will.
o There should be no involuntary prison labour, bonded labour or other forced labour of any kind.
o No monetary deposits should be required or deducted from pay.
o Original identity or similar documents should not be held by the employer.
o All workers should be able to leave their jobs if they choose, without losing pay or benefits to which they are entitled, having given a reasonable notice period.
Freedom of association and the right to collective bargaining should be respected
o Workers should be allowed to join or form trade unions, or similar groups, in order to negotiate collectively with management on employment matters.
o Trade union or other workers' representatives should be treated fairly, without discrimination, and be allowed to represent workers effectively.
Working conditions should be safe and hygienic
o Adequate measures should be taken to prevent accidents and minimise potential hazards.
o All workers should receive regular health & safety training.
o All workers should have unrestricted access to toilet facilities and drinking water.
Child labour should not be used
o All workers should be 16 years old or over.
Living wages should be paid
o All workers should earn at least the minimum legal wage (or the minimum wage established within the industry, or the minimum wage necessary to provide for basic living requirements, whichever is the higher) for a standard working week, including after permitted deductions have been made.
o Written details, provided prior to commencement of employment, should clearly communicate all conditions of employment pertaining to pay, including overtime arrangements.
o Pay slips, provided to each worker each time they are paid, should clearly indicate how the pay has been calculated, including basic hours, overtime hours and permitted deductions.
o There should be no deductions from wages other than those allowed by law.
o There should be no pay deductions made as disciplinary measures
Working hours should not be excessive
o Working hours should comply with national law and industry standards.
o At least one day in seven should be free as a rest day.
o The working of overtime should be voluntary and not mandatory.
o Overtime working should not be either regular or routine.
o Overtime should be paid at a premium rate as specified in national law or accepted industry practice.
No discrimination should be practised
o There should be no discrimination or preferential treatment given to any worker or group of workers.
Regular employment should be provided
o Employment should be provided on the basis of a recognised employer/worker relationship as established through national law and practice.
o Employer obligations should not be avoided by excessive use of labour-only contracting, sub-contracting, fixed term contracts, home-working or apprenticeship schemes or probationary periods.
o All workers should be entitled to paid leave, sickness leave and maternity leave with no detriment to their employment status.
There should be no harsh or inhumane treatment
o Workers should not be subject physical abuse (or threat of physical abuse), verbal abuse, sexual harassment, bullying or any other form of intimidation in the workplace.
o There should be no such behaviour permitted between workers.
Management of the Policy
o We require suppliers to confirm their acceptance of the standards set out in this policy. It is a contractual requirement for new suppliers, and will be for existing suppliers, as and when the contract comes up for renewal.
o Where non compliance is identified, we will work with these suppliers to establish an appropriate course of action and timescales for improvement. Where this approach fails, we reserve the right to take steps, up to and including termination of contract.