Public Interest Disclosure (Whistleblowing) Policy

Introduction

Malvern International and Language in Action is committed to conducting our business with honesty and integrity and we expect all employees to maintain high standards. However, all organisations face the risk of things going wrong from time to time, or of unknowingly harbouring illegal or unethical conduct. A culture of openness and accountability is essential in order to prevent such situations from occurring or to address them when they do occur.

The aims of this Policy are to:

• Encourage employees to report suspected wrongdoing as soon as possible, in the knowledge that their concerns will be taken seriously and investigated as appropriate, and that their confidentiality will be respected.
• Provide employees with guidance as to how to raise those concerns.
• Reassure employees that they should be able to raise genuine concerns in good faith without fear of reprisal, even if they turn out to be mistaken.

This Policy applies to all employees, workers and contractors of the Company.

Scope

This policy covers an employee’s right to raise a concern, known as a disclosure, of any suspected wrongdoing or dangers at work. This may include:

• A criminal offence.
• Failure to comply with a legal obligation or regulatory requirement.
• A miscarriage of justice.
• The endangering of an individual’s health and safety.
• Damage to the environment.
• Bribery (whether giving or receiving bribes).
• Conduct likely to damage our reputation.
• Unauthorised disclosure of confidential information.
• Financial fraud or mismanagement.
• The deliberate concealment of any of the above matters.

This policy should not be used for complaints relating to employees’ own personal circumstances, such as their treatment at work, as the Company’s Grievance Policy is intended to address concerns in this area.

Malvern International undertakes to protect an employee from any personal allegations or any form of victimisation, harassment or bullying as a result of a disclosure made in good faith. If you are uncertain whether something is within scope of this policy, you should seek advice from the Head of HR.

Procedure

Reporting and Investigation

Where an employee has reason to believe that an act within the scope of this policy is taking place, the employee should report the issue in writing to their line manager, specifying that the report is being made under the terms of the Whistleblowing Policy. If the concern relates to the employee’s manager, it should be raised with a more senior person in the organisation.

The employee must provide details of the reasons for their concern. It is not necessary to have absolute proof that such an act is being, has been, or is likely to be committed; evidence that supports a reasonable belief will normally be sufficient.

The line manager will conduct an investigation with support from the Head of HR. Investigation meetings will be held with the employee and any other relevant parties. Employees may bring a colleague or representative to meetings held under this policy. The companion must respect the confidentiality of the disclosure and any subsequent investigation.

If a false allegation is raised and the employee is found to be culpable, involved in the wrongdoing, or has raised concerns maliciously or outside the scope of this policy, disciplinary action may be taken up to and including dismissal without notice for gross misconduct.

Timescales

We will aim to keep employees informed of the progress of the investigation and its likely timescale. However, confidentiality requirements may prevent the sharing of specific details relating to investigations or disciplinary outcomes. Employees must treat all information received about an investigation as confidential.

Outcomes

Whilst we cannot always guarantee the outcome an employee may be seeking, we will endeavour to address all concerns fairly and appropriately.

If an employee is unhappy with the way their concern has been handled, they may contact Protect (formerly Public Concern at Work), the independent whistleblowing charity:

• Telephone: 0203 117 2520
• Email: whistle@protect-advice.org.uk
• Website: www.protect-advice.org.uk

Confidentiality

The Company will keep the identity of the employee confidential as far as possible. However, where a criminal investigation is required, the employee may be needed as a witness and will be informed of any impact on confidentiality at the earliest opportunity.

We do not encourage anonymous disclosures. Proper investigation may be more difficult or impossible if further information cannot be obtained. It is also more difficult to establish whether allegations are credible and made in good faith. Employees concerned about reprisals should approach HR so that appropriate measures can be taken to preserve confidentiality.

If in doubt, employees may seek advice from HR or from Protect, the independent whistleblowing charity, which offers a confidential helpline.

External Disclosures

The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying wrongdoing in the workplace, and employees are encouraged to raise concerns internally in the first instance. In most circumstances, it should not be necessary to alert external parties.

The law recognises that there may be occasions when it is appropriate to report concerns to an external body such as a regulator. It will very rarely, if ever, be appropriate to alert the media. Employees are strongly encouraged to seek advice before reporting concerns externally.

Whistleblowing concerns may relate to third parties such as customers, suppliers or service providers. The law allows disclosures to be made in good faith where there is a reasonable belief that the concern relates mainly to their actions or legal responsibilities. However, such matters should normally be reported internally first. Employees should contact their line manager or HR for guidance.

Policy Approval