Policy
Whistleblowing Policy & Procedure | BoostPay
Print versions of this policy are not updated when changes occur. Please always refer to Sage HR for the current version.
This policy applies to all employees of BoostPay, it does not apply to agency workers, casual workers or contractors.
This policy is non-contractual and will be reviewed from time to time. It may be amended or withdrawn to reflect any changes to UK law and practice, and in Company practice.
Purpose
This policy sets out the approach of BoostPay (“the Company”) in maintaining the highest possible standards of openness, probity and accountability.
The Company encourages all individuals to raise any serious concerns that they may have about wrongdoing, or suspected wrongdoing, of others in the business, or the way in which the business is run. Concerns may relate to any illegal, immoral, irregular, dangerous or unethical activity under our control.
It is important to the Company that any of the above are reported and properly dealt with. This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.
Under the Public Interest Disclosure Act 1998 (PIDA), employees are legally protected against detriment, victimisation, or dismissal as a result of raising such concerns, if the disclosure qualifies against certain requirements.
Scope
This policy applies to all employees, volunteers, contractors, consultants, temporary or agency workers. Within this policy, the term “employee” is used to refer to all the above.
It is important not to confuse this policy with the Grievance Policy. The Grievance Policy should be consulted for personal grievances that employees may have about concerns with their individual contract of employment, working conditions, pay and benefits, working hours or treatment by colleagues. Whistleblowing does not cover personal grievances or complaints relating to personal circumstances. If you are in any doubt as to which policy is best to follow, please seek advice from your line manager or the Managing Director.
All employees, as well as the Company, have a personal responsibility for carrying out and implementing this policy. Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Employees should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.
Definitions
Whistleblowing is “exposing the wrongdoing of another individual or employer” or “making a report in the public interest”.
There is a difference between a “reportable concern” and a “protected disclosure”. A reportable concern is defined by the Financial Conduct Authority (FCA) and applies to all regulated companies.
A reportable concern is a concern held by a person in relation to activities of a business, including:
anything that would be the subject matter of a protected disclosure, including breaches of rules
a breach of the Company’s policies and procedures
behaviour that harms or may harm the reputation of financial wellbeing of the business.
A protected disclosure is one type of reportable concern, although not all reportable concerns are protected disclosures. The term protected, or qualifying, disclosure has a very specific definition under the PIDA.
A protected disclosure is a disclosure of information which, in the reasonable opinion of the employee raising the concern, shows that any of the following failures has been, is currently being, or is likely to be committed:
a criminal offence;
a miscarriage of justice;
an act creating risk to health and safety;
an act causing damage to the environment;
a breach of any other legal obligation; or
concealment of any of the above.
An individual who makes such a disclosure is legally protected against detriment, victimisation, or dismissal as a result of raising such concerns, but only if the disclosure is made in good faith.
Principles
1) Any matter raised under this procedure will be treated seriously and in good faith, investigated thoroughly promptly and confidentially, and the outcome of the investigation reported back to the employee who raised the issue.
2) Protection under PIDA is only available if the disclosure is made in good faith. A disclosure motivated by malice or a desire for personal gain will not qualify for protection.
3) The Company will endeavour to protect the identity of an employee who makes a report as far as is reasonably possible.
4) No employee will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the employee will not be prejudiced because he/she has raised a legitimate concern, whether it be substantiated or not.
5) Victimisation of an employee for raising a protected disclosure will be a disciplinary offence and dealt with under the Disciplinary Policy.
6) If misconduct is discovered because of any investigation under this procedure, the Company's disciplinary procedure will be used, in addition to any appropriate external measures.
7) Maliciously making a false allegation is a disciplinary offence and will be dealt with under the Disciplinary Policy.
Procedure
Making a report
(1) In the first instance, and unless the worker reasonably believes his/her line manager to be involved in the wrongdoing, or if for any other reason the worker does not wish to approach his/her line manager, any concerns should be raised with the worker's line manager. If he/she believes the line manager to be involved, or for any reason does not wish to approach the line manager, then the worker should proceed straight to stage 3.
(2) The line manager will arrange an investigation into the matter (either by investigating the matter him/herself or immediately passing the issue to someone in a more senior position). The investigation may involve the worker and other individuals involved giving a written statement. Any investigation will be carried out in accordance with the principles set out above. The worker's statement will be considered, and he/she/they will be asked to comment on any additional evidence obtained. The line manager (or the person who carried out the investigation) will then report to the HR Manager, who will take any necessary action, including reporting the matter to any appropriate government department or regulatory agency. If disciplinary action is required, the line manager (or the person who carried out the investigation) will report the matter to the HR Manager and start the disciplinary procedure. On conclusion of any investigation, the worker will be told the outcome of the investigation and what action has been, or is proposed to be, taken. If no action is to be taken, the reason for this will be explained.
(3) If the worker is concerned that his/her/their line manager is involved in the wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the HR Manager, he/she/they should inform joy.huntley@theshoregroup.co.uk. Any approach to the Managing Director will be treated with the strictest confidence and the worker's identity will not be disclosed without his/her/their prior consent.
(4) If on conclusion of stages 1, 2 and 3 the worker reasonably believes that the appropriate action has not been taken, he/she/they should report the matter to the proper authority. The legislation sets out several bodies to which qualifying disclosures may be made. These include: HM Revenue & Customs;
the Financial Conduct Authority (formerly the Financial Services Authority);
the Competition and Markets Authority;
the Health and Safety Executive;
the Environment Agency;
the Independent Office for Police Conduct; and
the Serious Fraud Office.
Data protection
When an individual makes a disclosure, the organisation will process any personal data collected in accordance with its data protection policy. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the disclosure.
Process
The Investigator will arrange an investigation into the matter and will invite the employee who made the report to be interviewed. The employee may be accompanied by a work colleague or a Trade Union representative. The investigation may also involve other individuals being interviewed or giving written statements to obtain further information.
As soon as practicable after the interview the Investigator will recommend what further steps should be taken (if any). Recommendations may include one or more of the following:
the matter should be reported to the police;
the matter should be reported to an appropriate public authority or regulator;
the matter should be investigated either internally and/or by external or internal auditors or investigators;
the employee should be given the opportunity to seek redress through the grievance procedure; or
no further action is necessary
The Investigator will take all possible steps to ensure that any recommendations are implemented, except if there are good reasons for not doing so.
On conclusion of any investigation, the Investigator will inform the employee of the outcome and what action has been, or is proposed to be, taken. If no action is to be taken, the reason for this will be explained in writing.
The Investigator is obliged to escalate reportable concerns to the regulator where appropriate. Should the report relate to a breach of the PRA or FCA’s Conduct Rules by an employee, the Company must consider the fitness of any employees subject to the report.
If, on conclusion of the investigation including recommendations for action, the employee reasonably believes that the appropriate action has not been taken, they may report the matter to the proper authority (as highlighted above).
Appeal
The employee has the right to appeal against any decision taken based on or out of the Investigators recommendations.
An appeal should be made in writing to the HR Manager. The process to be followed in relation to any appeal will be determined and shall confirm the outcome of the appeal to the employee in writing.
If the employee is not satisfied with the outcome of an investigation, decision, or appeal, advice may be obtained from Protect Advice, which is an independent charity, or ACAS.
Contacting either the PRA or FCA directly may be appropriate where an employee is dissatisfied with the outcome of an internal investigation including the report and recommendations (if any).
Review
BoostPay will monitor the Company’s awareness and commitment to preventing and eliminating wrongdoing at work. This policy will be reviewed on a regular basis in line with legislative or regulatory requirements, and any internal requirements.
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