Whistleblowing Policy
Scott Wilson is committed to the highest
standards of openness, probity and accountability. The Group aims
at all times to conduct its business in a responsible manner taking
into account the requirements of the law and the standards required
from a socially responsible employer. Scott Wilson expects
employees to act in a professional manner at all times and uphold
the standards set by both the Group and the professional
institutions to which they belong.
The Group takes malpractice very seriously.
Employees are, therefore, encouraged to report any wrong doing by
the Group or its employees that falls short of Scott Wilson’s
business principles.
It is a fundamental term of every contract of
employment that an employee will not disclose confidential
information about the employer’s affairs. However, as Scott Wilson
aims to conduct its affairs in a socially responsible and lawful
manner, employees are openly encouraged to report any instances of
malpractice, dishonesty, or unsafe or unhealthy working practices
which are incompatible with that aim.
Individuals who report instances of
malpractice in good faith will be protected against dismissal or
any form of victimisation. However, those who make disclosures in
bad faith, i.e. maliciously or mischievously, will be subject to
the employer’s disciplinary procedure.
It is in the interests of Scott Wilson that
employees raise concerns internally rather than disclose them to
the press or other external bodies. The purpose of this procedure
is to promote greater openness between Scott Wilson and its
employees, and in particular to assist individuals who believe they
have discovered malpractice or dishonesty in the conduct or
management of any entity within the Group.
Procedure
This procedure is designed to allow any
employee to raise concerns or disclose information, which the
individual believes shows malpractice.
Definition of disclosures
This procedure covers serious concerns
relating to:
- Criminal activity
- Failure to comply with a legal obligation
- Miscarriage of justice
- Serious failure to comply with health and safety
legislation
- Damage to the environment
- Financial malpractice, impropriety or fraud
- Unethical behaviour
- Conduct likely to prejudice the standing of the Scott Wilson
Group
- Attempts to conceal any of the above
It does not matter whether the malpractice in
question was in the past, is in the present or will be in the
future. Equally, it is not necessary to show that malpractice has
been committed, is being committed or is likely to be committed,
but merely that the individual has, or had, a reasonable belief
that this was, or was likely to be the case.
The procedure does not cover the following,
for which separate procedures exist:
- Grievances or disputes affecting terms and conditions of
employment or working conditions (refer to Grievance Policy)
- Complaints involving an allegation of misconduct by a member of
staff (refer to Disciplinary Policy)
- Complaints relating to a breach of the principle of equal
opportunity (refer to Equal Opportunities Policy)
- Complaints involving an allegation of harassment or bullying
(refer to Policy on Harassment in the Workplace)
Scope
This policy and procedure apply to all Scott
Wilson Group employees.
Protection
This procedure is designed to offer protection
to those employees who disclose concerns provided the disclosure is
made:
- In good faith
- In the reasonable belief that it tends to show malpractice
- To an appropriate person as defined below
If an individual makes an allegation in good
faith, which is not confirmed by subsequent investigation, that
individual will still be protected from any form of
victimisation.
A disclosure will not qualify for protection
if the person making the disclosure commits a criminal offence by
making it.
Confidentiality
The Scott Wilson Group will treat all such
disclosures in a confidential and sensitive manner. The identity of
the individual making the allegation may be kept confidential so
long as it does not hinder or frustrate any investigation. However,
the investigation process may reveal the source of the information
and the individual making the disclosure may need to provide a
statement as part of the evidence required.
Individuals are encouraged to put their name
to any disclosures they make. Concerns expressed anonymously will
only be considered if the Group decides to do so because of:
- The seriousness of the issues raised
- The credibility of the concern
- The likelihood of confirming the allegation from attributable
sources
Any anonymous allegations should be passed to
a HR Manager for consideration, in consultation with others as
appropriate.
DISCLOSURE PROCESS
General principles
This procedure sets out the process to be used
to raise issues of concern falling within the scope of this policy.
However, it is recognised that in some circumstances it may be
inappropriate to go through the various stages either because of
the nature of the employment relationship, e.g. the complaint
relates to the employee’s immediate superior, or where the
complainant believes that the matter is of sufficient gravity or
urgency. In these circumstances of serious concern, and where this
can be readily demonstrated, an employee may start the process at
Stage 3.
An employee making a complaint will be allowed
reasonable time to seek advice for any meeting which forms part of
the process and to be accompanied by a work colleague employed by
Scott Wilson of his/her choice.
Advice
If you wish to take advice before raising a
concern, you may contact the independent charity, Public Concern at
Work on +44 (0) 207 404 6609 or by email to helpline@pcaw.co.uk.
They provide free, confidential legal advice on whistleblowing
matters. You should not disclose any confidential information
regarding the Group and they will not expect you to do so.
Stage 1
In the case of a cause for complaint falling
within the scope of this policy, the employee should, wherever
possible and appropriate, seek to resolve it informally with the
appropriate person(s) responsible for the matter which is the
subject of complaint.
Stage 2
Where the matter has not been resolved at
Stage 1 an employee may raise the complaint formally with his/her
immediate manager in writing. If the concern involves the immediate
manager in question, or for any reason he/she prefers that the
manager not be told, he/she may raise the matter directly with a
senior member of management. The senior manager will determine
whether the immediate manager should be consulted or informed of
the complaint. The complaint will then be investigated fully.
Stage 3
If an employee has disclosed a concern
internally at Stage 2 and is concerned either by the lack of
response, or feels unable to talk to anyone for whatever reason,
the employee can contact the Senior Independent Director.
Procedures for investigating
complaints
An investigation to ascertain all relevant
facts will be conducted as sensitively and speedily as possible
with the objective of establishing whether malpractice has
occurred. Any person who has had previous involvement in the matter
concerned or who will have to reach a decision on the matter will
not carry out investigations.
Findings
The findings of any investigation carried out
will be communicated to:
- The person raising the malpractice concern
- The individual(s) under investigation
- Those members of Scott Wilson Group management or external
authorities who need to consider whether action should be taken on
the basis of the findings (if appropriate).
Geoff French
Group Chairman
22nd February 2007
