Introduction
We seek to conduct our business honestly and with integrity at all times. However, we acknowledge that all organisations face the risk of their activities going wrong from time to time, or of unknowingly harbouring malpractice. We believe we have a duty to take appropriate measures to identify such situations and attempt to remedy them.
Employees are often the first to realise that there may be something wrong within the Company. However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues or to the Company. They may also fear harassment or victimisation. In these circumstances it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice. Examples can include:
· criminal offences or activities
· exposing fraud
· financial mismanagement or corruption
· mis-selling of pensions or financial products
· physical or emotional abuse of prisoners, children or the elderly in care
· health and safety issues concerning transport that puts the safety of passengers at risk
· health and safety issues concerning the workplace that puts the safety of workers or visitors at risk
· failure to investigate allegations of sexual assault by one employee against another
· failure to comply with legal obligations, or likelihood of failure to comply with legal obligations
· breaches of legislation, for example the Data Protection Act 2018
· medical negligence in a health care establishment
· payments in exchange for awarding contracts
· risks to the environment.
· To be protected, the information supplied by the whistleblower must be properly based in fact and have sufficient detail in it to cover one of the types of wrongdoing referred to in the legislation. An opinion or an
observation is unlikely to amount to a protected disclosure.
The Company is committed to the highest possible standards of openness, probity and accountability. In line with that commitment we expect employees, and others that we deal with, who have serious concerns about any aspect of the Company's work to come forward and voice those concerns. It is recognised that most cases will have to proceed on a confidential basis.
The whistleblower does not necessarily have to be directly personally affected by the danger or illegality. Whistleblowing that falls within the legal definition usually occurs when a worker raises a concern about danger or illegality that affects others, for example, members of the public. The disclosure does not have to be about the alleged illegal conduct of the employer, although it often is. The disclosure could be about the conduct of a fellow employee, client, or a third party.
The policy document makes it clear that a worker can do so without fear of victimization, subsequent discrimination or disadvantage. This whistle-blowing policy is intended to encourage and enable employees to raise serious concerns with in the company rather than overlooking a problem or 'blowing the whistle' outside. The policy applies to all employees and those contractors working for the Company on Company premises, for example, agency staff, builders, and drivers. It also covers suppliers and those providing services under a contract with the Company in their own premises.
These procedures are in addition to the Company's grievance procedures and other statutory reporting procedures.
The whistleblower does not necessarily have to be directly personally affected by the danger or illegality. Whistleblowing that falls within the legal definition usually occurs when a worker raises a concern about danger or illegality that affects others, for example, members of the public. The disclosure does not have to be about the alleged illegal conduct of the employer, although it often is. The disclosure could be about the conduct of a fellow employee, client, or a third party.
Aims and scope of this policy
This policy aims to;
• encourage you to feel confident in raising serious concerns and to question and act upon concerns about practice
• provide avenues for you to raise those concerns and receive feedback on any action taken
• ensure that you receive a response to your concerns and that you are aware of how to pursue them if you are not satisfied
• reassure you that you will be protected from possible reprisals or victimisation if you have a reasonable belief that you have made any disclosure in good faith
There are existing procedures in place to enable you to lodge a grievance relating to your own employment.
The whistle blowing policy is intended to cover major concerns that fall outside the scope of other procedures. These include;
• conduct which is an offence or a breach of law
• disclosures related to miscarriages of justice
• health and safety risks, including risks to the public as well as other employees
• damage to the environment
• the unauthorised use of funds
• possible fraud and corruption
• sexual or physical abuse of clients, or
• other unethical conduct
Thus, any serious concerns that you have about any aspect of service provision or the conduct of officers or members of the Company or others acting on behalf of the Company can be reported under the whistle-blowing policy. This may be about something that;
• makes you feel uncomfortable in terms of known standards, your experience or the standards you believe the Company subscribes to
• is against the Company’s policies
• falls below established standards of practice
• amounts to improper conduct
Safeguards
The Company is committed to good practice and high standards and wants to be supportive of employees. The Company recognises that the decision to report a concern can be a difficult one to make. If what you are saying is true, you should have nothing to fear because you will be doing your duty to your employer and those for whom you are providing a service.
The Company will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect you when you raise a concern in good faith. Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary or redundancy procedures that already affect you.
Confidentiality
All concerns will be treated in confidence and every effort will be made not to reveal your identity if you so wish. At the appropriate time, however, you may need to come forward as a witness.
This policy encourages you to put your name to your allegation whenever possible. Concerns expressed anonymously are much less powerful but will be considered at the discretion of the Company.
In exercising this discretion, the factors to be taken into account would include;
• the seriousness of the issues raised
• the credibility of the concern; and
• the likelihood of confirming the allegation from attributable sources
Untrue allegations
If you make an allegation in good faith, but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against you.
Note that the law changed in 2013 so that a worker only needs a reasonable belief that their disclosure was in the public interest.
How to raise a concern
As a first step, you should normally raise concerns with a member of the Senior Leadereship team. This depends, however, on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if you believe that management is involved you should approach the Chief Executive Officer (who is also the Monitoring Officer), James Barham; or the Chairman, Simon Wilson.
Concerns may be raised verbally or in writing. You can use Hive (our intranet) to report an issue (Life at PCI Pal/Departments/People). You have the option to disclose your name, or to remain anonymous. If reported using Hive the information you disclose will be viewed by the People team, the CEO and CFO.
Staff who wish to make a written report are invited to use the following format;
• the background and history of the concern (giving relevant dates)
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the reason why you are particularly concerned about the situation
The earlier you express the concern the easier it is to take action. Although you are not expected to prove beyond doubt the truth of an allegation, you will need to demonstrate to the person contacted that there are reasonable grounds for your concern.
You may wish to consider discussing your concern with a colleague first and you may find it easier to raise the matter if there are two (or more) of you who have had the same experience or concerns.
You may invite a professional association representative or a friend to be present during any meetings or interviews in connection with the concerns you have raised.
How the company will respond
The Company will respond to your concerns. Do not forget that testing out your concerns is not the same as either accepting or rejecting them. Where appropriate, the matters raised may;
• be investigated by management or through the disciplinary process
• be referred to the police
• be referred to the external auditor
• form the subject of an independent inquiry
In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Concerns or allegations which fall within the scope of specific procedures (for example discrimination issues) will normally be referred for consideration under those procedures.
Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required, this will be taken before any investigation is conducted.
Within ten working days of a concern being raised, the responsible person will write to you;
• acknowledging that the concern has been received
• indicating how we propose to deal with the matter
• giving an estimate of how long it will take to provide a final response
• telling you whether any initial enquiries have been made, and
• telling you whether further investigations will take place and if not, why not
The amount of contact between the officers considering the issues and you will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the Company will seek further information from you.
Where any meeting is arranged, off-site if you so wish, you can be accompanied by a professional association representative or a friend.
The Company will take steps to minimise any difficulties which you may experience as a result of raising a concern. For instance, if you are required to give evidence in criminal or disciplinary proceedings the Company will arrange for you to receive advice about the procedure.
The Company accepts that you need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, we will inform you of the outcome of any investigation.
The responsible officer
The Chief Executive Officer (who is also the Monitoring Officer) has overall responsibility for the maintenance and operation of this policy. That officer maintains a record of concerns raised and the outcome (but in a form which does not endanger your confidentiality) and will report as necessary to the Company.
How the matter can be taken further
This policy is intended to provide you with an avenue within the Company to raise concerns. The Company hopes you will be satisfied with any action taken. If you are not, and if you feel it is right to take the matter outside the Company, the following are possible contact points;
• the external auditor
• your local Citizens Advice Bureau
• relevant professional bodies or regulatory organisations
• a relevant voluntary organisation
• the police
If you do take the matter outside the Company, you should ensure that you do not disclose confidential information. Check with the contact point about that.
In very serious circumstances, or following an internal report which has not been addressed, we recognise that it may be appropriate for you to report your concerns to an external body, such as a regulator. The government has prescribed a list of appropriate bodies for such external reporting - for example, the Environment Agency and the Health and Safety Executive. A full list is available from an independent charity called Public Concern at Work, who can be contacted by telephone on 020 7404 6609.
