Anti-Fraud Policy

Examples of fraud include but are not limited to:

• Theft of funds or other Anthony Nolan property;
• False accounting or any other falsification of costs, expenses, or financial records;
• Forgery or alteration of documents;
• Destruction or removal of records;
• Inappropriate use of Anthony Nolan property;
• Seeking or accepting cash, gifts or other benefits from a third party in exchange for preferment of the third party in their dealings with Anthony Nolan;
• Blackmail or extortion and;
• Cyber fraud, phishing and/or scamming activities such as the creation of fake email addresses or bank accounts.

This can be committed internally (insider fraud), by employees, volunteers or Anthony Nolan service providers, and/ or externally by third parties. We treat attempted fraud as seriously as accomplished fraud.

We have established procedures to encourage employees to report actual, attempted or suspected fraud and/or other forms of illegal activity without fear of reprisal as outlined in our Whistleblowing Policy.

Any acts of bribery are covered by our Anti-Bribery Policy.

The Charity Commission has also published guidance in relation to fraud which provides further information and advice.

The Home Office provide guidance to organisations on the offence of failure to prevent fraud.

Help sheets and further resources can be found on the Prevent Charity Fraud website.

All employees, trustees and volunteers (as defined above) are responsible for familiarising themselves and complying with this policy. All employees must complete mandatory Fraud Prevention training on Gene-ius and be alert to the risk of fraud.  Trustees and volunteers are provided with training and information relevant to their roles and need to be alert to the risk of fraud.

The SLT are responsible for ensuring this policy is implemented and that any incidents within their division are reported immediately.

Managers are responsible for being familiar with this policy and complying with it. They also have a responsibility to ensure that their employees and any volunteers they are responsible for familiarising themselves with the types of fraud and dishonesty that might occur within their business unit.

Anthony Nolan expects employees to report all reasonable suspicions of fraud. We will investigate all instances of actual, attempted and suspected fraud committed by employees, consultants, suppliers and other third parties and will seek to recover funds and assets lost through fraud. Perpetrators will be subject to disciplinary and/or legal action.

If you are unsure whether a matter falls within the scope of this policy or wish to report suspected fraudulent activity, please discuss with your line manager initially. If you feel this is not appropriate please contact the Governance Officer, or Director of Legal and Governance. If you are still unsure or have any concerns in using these reporting options, please consult our Whistleblowing Policy.

The Public Interest Disclosure Act 1998 protects employees who raise concerns about certain matters of public interest in good faith. Employees can obtain free independent advice from the charity Protect on 0203 117 2520 or contact their Advice Line. The Employee Assistance Programme, available to all employees, is also able to offer free and confidential legal and practical advice.

Attempted or actual fraud will be reported to Action Fraud. Action Fraud is a national reporting centre specifically for reporting frauds and has an online fraud reporting service, available 24 hours a day. The website includes an A to Z of fraud types. 

Fraud incidents will also be reported to the Charity Commission in line with our Serious Incidents Policy. 

If you become aware of suspected fraud or irregularity, write down your concerns immediately. Make a note of all relevant details, such as what was said in phone or other conversations, the date, the time and the names of anyone involved. Report the matter immediately to either your line manager, the Governance Officer, or the Director of Legal and Governance.  If the Governance Officer or Director of Legal and Governance are implicated in the matter, it should be reported directly to the CEO.

Volunteers should report to their volunteer manager, unless the volunteer manager is implicated in the matter, in which case they should contact the Governance Officer or Director of Legal and Governance.  Their contact details can be found on the Volunteers hub. 

When you report your concerns, arrange to hand over your notes and any evidence you have gathered to the appropriate investigator. Confidentiality for all parties will be maintained over reports made in good faith which cannot be substantiated following investigation.

You must not: 

• contact or discuss the matter with the suspected perpetrator;

• discuss the case facts, suspicions, or allegations with anyone else inside or outside of Anthony Nolan (including the Press and via use of personal or business Social Media accounts) unless specifically asked to do so – for example by those conducting an investigation or;

• attempt to personally conduct investigations or interviews.

If you have reason to suspect fraud or corruption in your work area, you: 

• Should listen to the concerns of your team and treat every report you receive seriously and sensitively. Make sure that all concerns are given a fair hearing. You should also reassure team members that they will not suffer because they have told you of their suspicions;

• Should gather as much information as possible from the person reporting the incident, including any notes and any evidence they have that may support the allegation. Do not interfere with any evidence and make sure it is kept safely;

• Should not attempt to carry out an investigation yourself. This may damage any internal investigation or criminal enquiry; and

• Should report the matter immediately to the Governance Officer or the Director of Legal and Governance. If the Governance Officer or Director of Legal and Governance are implicated in the matter, it should be reported directly to the CEO.

The Governance Officer or Director of Legal and Governance is responsible for initiating and overseeing all fraud investigations, and for recording all allegations and outcomes, unless there they are conflicted. In which case the CEO will assume responsibility.

A lead investigator will be appointed dependent on the nature of the allegation and any conflicts which may be apparent. In most cases the CFO or Financial Controller will be notified immediately and asked to lead the investigation. Where this is not appropriate due to potential conflict or where they may potentially be implicated by the allegation, an alternative approach will be agreed with the CEO. If the CEO is also conflicted out the approach will be agreed with the Chair of the Audit and Finance Committee.

All such work will comply with Anthony Nolan’s disciplinary procedures to ensure that all investigations conform to the same standard and in accordance with legislation.

Investigation results will not be disclosed to or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the reputations of persons suspected, but subsequently found innocent of wrongful conduct, and to protect Anthony Nolan from potential civil liability.

In cases where an individual is suspected of fraud which a subsequent investigation does not substantiate, it is important that the potential damage to the individual’s reputation is minimised. Whoever originally reported the suspected fraud or irregularity will be informed that the investigation has revealed no wrongdoing.

All investigations will be carried out with discretion and sensitivity and without regard to any person’s position, relationship to Anthony Nolan or length of service. Those carrying out the investigation will confine themselves to investigating those matters which are the subject of, or are relevant to, the suspected fraud.

All investigations will include consideration of relevant legislation including the Police and Criminal Evidence Act 1984, Data Protection Act 2018, Public Interest Disclosure Act 1998, European Convention on Human Rights and Anthony Nolan’s HR policies.

Once the investigation has been completed, a written report will be prepared which states the facts discovered by the investigation.

Where a fraud has occurred, management must make any necessary changes to systems and procedures to ensure that similar frauds will not recur. The investigation may highlight where there has been a failure of supervision or a breakdown/absence of control and if so, any necessary improvements should be implemented on a timely basis.

The Audit and Finance Committee is available to offer advice and assistance on matters relating to internal control, if considered appropriate.

Matters of alleged fraud will be dealt with under the procedure laid down in Anthony Nolan’s Disciplinary Procedure. Proven allegations of fraud will result in dismissal. Where appropriate, we may refer significant fraud to the police with a view to initiating criminal prosecution.

Where Anthony Nolan has suffered loss, restitution will be sought of any benefit or advantage obtained and the recovery of costs will be sought from individual(s) responsible for fraud. Legal advice will be sought as appropriate.

Issues reported to Legal & Governance, line managers, SLT members, the Head of HR, or reported using the channels outlined in our Whistleblowing Policy will be investigated in line with the following principles:

• We recognise that the decision to report a suspicion can be difficult to take, not least because of the fear of reprisal from those responsible for the suspected fraud. In accordance with our HR policies, we will not tolerate harassment or victimisation and will take all practical steps to protect those who raise an issue in good faith;

• We will endeavour to protect the identity of employees if they do not want their names to be disclosed. However, it should be recognised that an investigation of any suspected fraud may need to identify the source of the information and a statement by an employee may be required as part of the evidence;

• We discourage anonymous allegations, and any issues reported anonymously will be considered only at Anthony Nolan’s discretion. In exercising this discretion, the factors taken into account will include; the seriousness of the issue; the credibility of the allegations and supporting evidence; the likelihood of confirming the allegation from attributable sources;

• If an allegation is made in good faith, but is not confirmed by investigation, we guarantee that no action will be taken against the person making the allegation and;

• If an allegation is made frivolously, in bad faith, maliciously or for personal gain, disciplinary action may be taken against the person making the allegation.