Whistleblowing Policy

Introduction

1. The Considerate Constructors Scheme Ltd (the Company) is committed to the highest standards of openness, probity, ethical behaviour, and accountability.

2. An important aspect of accountability and transparency is a way to enable staff and other members of the Company to voice concerns in a responsible and effective manner. It is a fundamental term of every contract of employment that an employee will faithfully serve his or her employer and not disclose confidential information about the employer’s affairs.  Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this information should be disclosed internally without fear of reprisal, and there should be arrangements to enable this to be done independently of line management (although in minor instances the line manager would be the appropriate person to be told).

3. The Public Interest Disclosure Act 1998 gives legal protection to employees against being dismissed or penalised by their employer because of publicly disclosing certain serious concerns, (see Scope of Policy below) disclosure of which concerns the employee believes is in the public interest. The Company has endorsed the provisions set out below to ensure that no member of staff should feel at risk of being disadvantaged in raising legitimate concerns.

4. It should be emphasised that this policy is intended to assist individuals who believe they have discovered wrongdoing, malpractice, or impropriety. It is not designed to question financial, or business decisions taken by the Company nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary, grievance or other procedures. As these "whistleblowing” procedures are in place it is reasonable to expect staff and other members of the Company to use them rather than air concerns outside the Company.

Scope of Policy

5. This policy is designed to enable staff and other members of the Company to raise concerns internally and at a high level and to disclose information which the individual believes shows wrongdoing, malpractice, or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invocation of other procedures e.g., disciplinary.  These concerns could include:

• Financial malpractice or impropriety or fraud
• Failure to comply with a legal obligation or Statutes
• Dangers to Health & Safety or the environment
• Criminal activity
• Improper conduct or unethical behaviour
• Attempts to conceal any of these

Safeguards

i. Protection
6. This policy is designed to offer protection to those employees of the Company who disclose such concerns provided the disclosure is made:

• in good faith
• in the reasonable belief of the individual making the disclosure that it shows wrongdoing, malpractice or impropriety and they make the disclosure to an appropriate person (see below). It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case malicious or wild unsubstantiated allegations could give rise to legal action on the part of the persons complained about.

ii. Confidentiality

7. The Company 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 need to reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.

iii. Anonymous Allegations
8. This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of the Company.

9. In exercising this discretion, the factors to be considered will include:

• The seriousness of the issues raised
• The credibility of the concern
• The likelihood of confirming the allegation from attributable sources

iv. Untrue Allegations

10. If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual is expected to exercise due care to ensure the accuracy of the information disclosed. If, however, an individual makes malicious or vexatious allegations and particularly if he or she persists with making them follow an investigation which finds no substantiation, disciplinary action may be taken against that individual.

Procedures for Making a Disclosure

11. On receipt of a concern/complaint which falls within the scope of this policy the member of staff who receives and takes note of the concern/complaint, must pass this information as soon as is reasonably possible, to the appropriate designated investigating officer as follows:

• Concerns/complaints will be investigated by the appropriate Director unless the complaint is against the Director or is in any way related to the actions of the Director. In such cases, the complaint should be passed to the identified external consultant.
• In the case of a concern/complaint, which is any way connected with but not against a Director, another Director will nominate a Senior Manager to act as the alternative investigating officer.

12. The complainant has the right to bypass the line management structure and take their concern/complaint direct to a Director or the identified external consultant. A Director has the right to refer the concern/complaint back to management if he/she feels that the management without any conflict of interest can more appropriately investigate the concern/complaint.

13. If there is evidence of criminal activity, then the investigating officer should inform the police. The Company will ensure that any internal investigation does not hinder a formal police investigation.

Timescales

14. Due to the varied nature of these sorts of concerns, which may involve internal investigators and/or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.

15. The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.

16. All responses to the complainant should be in writing and sent to their home address.

Investigating Procedure

17. The investigating officer should follow these steps:

• Full details and clarifications of the concern/complaint should be obtained
• The investigating officer should inform the member of staff against whom the concern/complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a work colleague or trade union official at any future interview or hearing held under the provision of these procedures
• The investigating officer should consider the involvement of the Company auditors and the Police at this stage and should consult with a Director
• The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals/bodies
• A judgement concerning the concern/complaint and validity of the concern/complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement.  The report will be passed to a Director as appropriate
• A Director will decide what action to take. If the concern/complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Company procedures
• The complainant should be kept informed of the progress of the investigations and, if appropriate, of the outcome
• If appropriate, a copy of the outcomes will be passed to the Company Auditors to enable a review of the procedures

18. If the complainant is not satisfied that their concern/complaint is being properly dealt with by the investigating officer, they have the right to raise it in confidence with a Director.

19. If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, the Company recognises the lawful rights of staff and other members of the Company to make disclosures to prescribed persons (such as the Health and Safety Executive, the Audit Commission, or the utility regulators), or where justified, elsewhere.