Introduction
This policy applies to all employees and Board Members of Cheshire West Recycling and other individuals performing functions in relation to the organisation, including agency workers and contractors, are encouraged to use it.
It is important that any fraud, misconduct or wrongdoing by any employee of the organisation is reported and properly managed. The organisation encourages all individuals to raise any concerns 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 they have and how those concerns will be dealt with.
Background
The law provides protection for employees who raise legitimate concerns about specified matters. These are called "qualifying disclosures". A qualifying disclosure is one made in the public interest by an employee who has a reasonable belief that:
- a criminal offence;
- a miscarriage of justice;
- any safeguarding concerns
- 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 employee to have proof that such an act is being, has been, or is likely to be, committed - a reasonable belief is sufficient. The employee has no responsibility for investigating the matter - it is the organisation's responsibility to ensure that an investigation could take place.
An employee who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.
The organisation encourages employees to raise their concerns under this procedure in the first instance. If an employee is unsure whether to raise a concern, they should discuss the issue with their line manager or their HR support.
Alternatively, the employee could raise a Whistleblowing Case anonymously to the designated email address : whistleblowing@cwrecycling.co.uk
Principles
- 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
- Any matter raised under this procedure may be investigated thoroughly, promptly and confidentially, and any outcome of the investigation will be reported back to the employee, as long as the law will allow
- Victimisation of an employee for raising a qualified disclosure may be a disciplinary offence
- If, following a whistleblowing investigation, misconduct is alleged the organisation’s disciplinary procedure may be used in addition to any appropriate external measures
- Maliciously making a false allegation could be dealt with under the company’s disciplinary procedure
- Any instruction to conceal wrongdoing may in itself be a disciplinary offence. If an employee is instructed by any person, including a person in authority, not to raise or pursue any concern, they should report the matter to an appropriate Manager, Director, HR Manager or email the confidential designated Whistleblowing email address: whistleblowing@cwrecycling.co.uk, which can be sent anonymously.
This whistleblowing procedure is not intended as a replacement for other policies, if an employee has a complaint relating to their personal circumstances such as treatment at work, in those cases the employee should use the relevant policy.
Procedure
In the first instance, employees are encouraged to raise the issue with their Line Manager. If the employee reasonably believes their line manager to be involved in the wrong-doing or feels reporting to their Line Manager to be inappropriate, the employee should approach another Manager or the HR Manager or email the designated and confidential whistleblowing email address whistleblowing@cwrecycling.co.uk, which can be done anonymously.
The HR manager may arrange an investigation where the employees statement is taken into account. They will be asked to comment on any additional evidence obtained. The investigating Manager will then report to the HR Manager and necessary action will be carried out.
On conclusion of any investigation, the employee may be advised of the outcome of the investigation and what action has been taken, where the law allows.
If on conclusion of the investigation, the employee reasonably believes 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:
- Protect (previously Public Concern at Work) (Independent whistleblowing charity)
Helpline: (020) 3117 2520
Website: https://protect-advice.org.uk/contact-protect-advice-line/
- CWR Managing Director
- Cheshire West and Chester Council email address whistleblowing@cheshirewest.gov.uk
Protection and support for whistleblowers
It is understandable that whistleblowers are sometimes worried about possible repercussions. CWR Senior Management Team and Board Members aims to encourage openness and will support anyone who raises genuine concerns under this policy, even if they turn out to be mistaken.
Whistleblowers must not suffer any detrimental treatment as a result of raising a concern. Detrimental treatment includes dismissal, disciplinary action, threats, or other unfavourable treatment connected with raising a concern.
If any individual believes that they have suffered any such treatment, then this should be raised to the designated whistleblowing email address immediately whistleblowing@cwrecycling.co.uk .
If the matter is not remedied, then employees can raise the matter formally using the Company’s Grievance Procedure. The Grievance Procedure does not apply to any other category of persons listed within this Whistleblowing Policy i.e., Consultants, Contractors, Volunteers, Casual and Agency workers. If you fall into one of these categories and believe that you have suffered a detriment for raising a Whistleblowing concern then you can raise a further complaint by emailing whistleblowing@cwrecycling.co.uk or direct to the Managing Director who may decide to review the case.
Whistleblowers must not be threatened or retaliated against in any way; involvement in such conduct may result in disciplinary action. In some cases, the whistleblower could have a right to sue the individual personally for compensation in an employment tribunal.
CWR also operates the Employee Assistance Programme that offers around 24/7 free confidential assistance.
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.