Whistleblowing policy

Introduction 

This policy applies to all team members. Other individuals performing functions in relation to 10 Degrees, such as agency workers and contractors, are also encouraged to familiarise themselves with this policy.

It is important to 10 Degrees that any fraud, misconduct or wrongdoing by team members or officers of 10 Degrees, or any action that is in breach of our company Code of Ethics, is reported and properly dealt with. 10 Degrees therefore encourages all individuals to raise any concerns that they may have about the conduct of others in the business or the way in which the business is run.

This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.

Background

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to provide protection for team members who raise legitimate concerns about specified matters. These are called “qualifying disclosures”. A qualifying disclosure is a disclosure or complaint made in good faith by a team member who has a reasonable belief that:

• 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;

is being, has been, or is likely to be, committed.

It is not necessary for the team member to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. The team member making the disclosure has no responsibility for investigating the matter – it is 10 Degrees’s responsibility to ensure that an investigation takes place.

A team member who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because he/she has made a disclosure.

10 Degrees encourages team members to raise their concerns under this procedure in the first instance. If a team member is not sure whether or not to raise a concern, he/she should discuss the issue with his/her Manager. If his/her Manager is the subject of the disclosure, an alternative Manager, or another senior member of staff, should be approached.

Principles

• Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Team members should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.
• Any matter raised under this procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the team member who raised the issue.
• No team member 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 team member will not be prejudiced because he/she has raised a legitimate concern.
• Victimisation of a team member for raising a qualified disclosure will be a disciplinary offence.
• If misconduct is discovered because of any investigation under this procedure 10 Degrees’s disciplinary procedure will be used, in addition to any appropriate external measures.
• Maliciously making a false allegation or disclosure is also a disciplinary offence.
• An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a Manager, team members should not agree to remain silent. They should report the matter to a Director.

Procedure

This procedure is for disclosures of matters other than a breach of a team member’s own contract of employment. If a team member is concerned that his/her own contract has been, or is likely to be, broken, he/she should use 10 Degrees’s grievance procedure.

Stage one

In the first instance, and unless the team member reasonably believes their manager to be involved in the wrongdoing, or if for any other reason the team member does not wish to approach their manager, any concerns should be raised with a company director.  If they believe a company director to be involved, then the team member should speak to one of the other company directors and proceed straight to stage 3.

Stage two

The manager will arrange an investigation of the matter (either by investigating the matter themselves or immediately passing the issue to someone in a more senior position). The investigation may involve the team member and other individuals involved giving a written statement.

Any investigation will be carried out in accordance with the principles set out above. The team member’s statements will be considered, and they will be asked to comment on any additional evidence obtained. The manager (or the person who carried out the investigation) will then report to the company directors, which will take any necessary action, including reporting the matter to any appropriate Government Department or Regulatory Agency.

If disciplinary action is required, the manager (or the person who carried out the investigation) will report the matter to a company director to start the disciplinary procedure. At the conclusion of any investigation, the team member will be told the outcome of the investigation and what the company directors have done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

Stage three

If the team member is concerned that their manager is involved in the wrongdoing and has failed to make a proper investigation or has failed to report the outcome of the investigations to a company director, they should inform one of the other company directors, who will arrange for a review of the investigation to be carried out, make any necessary enquiries and create their own report as in stage 2 above.

If for any other reason the team member does not wish to approach their manager, they should also in the first instance write to another company director. Any approach to a company director will be treated with the strictest confidence and the team member’s identity will not be disclosed without their prior consent.

Stage four

If at the conclusion of stages 1, 2 and 3 the team member reasonably believes that the appropriate action has not been taken, they should report the matter to the proper authority. The legislation sets out a number of bodies to which qualifying disclosures may be made. These include:

• HM Revenue & Customs
• The Financial Services Authority
• The Office of Fair Trading
• The Health and Safety Executive
• The Environment Agency

A team member may also choose to seek independent legal advice, should they feel that their claim has not been dealt with satisfactorily.

Right to anonymity

All team members have the right to make a disclosure anonymously, or confidentially – 10 Degrees will make every effort to protect your identity. In some circumstances, ensuring anonymity may mean that a claim may not be taken further however if full and complete information regarding the disclosure cannot be provided.

If you report your concern to the media, in most cases you will lose your whistleblowing law rights.

Conclusion

10 Degrees wants to make it safe and acceptable for staff to raise any concern outside of those that qualify within this procedure about the way we operate. 

10 Degrees has in place a number of other procedures that may be more appropriate for their concern to be raised within, e.g., the Grievance Policy.

10 Degrees needs to maintain its integrity and the integrity of its contractors and team members should feel able to challenge behaviour which is not in line with their rules and standards. By stepping forward and making a qualifying disclosure and challenging unsuitable behaviours team members will protect 10 Degrees reputation and market position.

10 Degrees will ensure that their concern is dealt with using the appropriate procedure and escalated to the appropriate level to ensure the resolution of their issue.