Policy
Introduction
Hydrock is committed to conducting its business with honesty and integrity and all employees are expected to adhere to the highest 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 occurring and to address them when they do occur.
The aims of this policy are to:
» Encourage, and provide a suitable mechanisms for, 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; and
» Reassure employees that they should be able to raise genuine concerns without fear of reprisals, even if they turn out to be mistaken.
What is Whistleblowing?
“Whistleblowing” is the disclosure of information which relates to suspected wrongdoing or dangers at work. This may include:
» Criminal activity;
» Miscarriages of justice;
» Danger to health and safety;
» Damage to the environment;
» Failure to comply with any legal obligation or regulatory requirements;
» The deliberate concealment of any of the above matters.
A “whistleblower” is a person who raises a genuine concern relating to any of the above. If an employee has any genuine concerns related to suspected wrongdoing or danger affecting any of Hydrock’s activities (a “whistleblowing concern”) the employee should report it under the arrangements explained in this policy.
This policy should not be used for complaints relating to the employee’s own personal circumstances, such as the way they have been treated at work. In those cases the employee should refer to the Grievance Procedure or Harassment Policy as appropriate.
If an employee is uncertain whether something is within the scope of this policy they should seek advice from the HR Manager.
Raising a Whistleblowing Concern
Hydrock expects that in most cases employees will be able to raise any concerns with their line manager. The employee may tell them in person or put the matter in writing if they prefer. The employee’s line manager will seek to agree a way of resolving the employee’s concern quickly and effectively where possible.
However, where the matter is more serious, or the employee feels that their line manager has not addressed their concern, or the employee prefers not to raise it with them for any reason, the employee should contact one of the following:
» The HR Manager; or
» The Managing Director
A meeting with the employee will be arranged as soon as possible to discuss the employee’s concern. The employee may bring a colleague or trade union representative to any meetings under this policy. The companion must respect the confidentiality of the employee’s disclosure and any subsequent investigation.
Hydrock will take down a written summary of the employee’s concern and provide the employee with a copy after the meeting. Hydrock will also aim to give the employee an indication of how it proposes that the matter will be dealt with.
Confidentiality
Hydrock hopes that employees will feel able to voice whistleblowing concerns openly under this policy. However, if an employee wants to raise the concern confidentially, Hydrock will make every effort to keep the employee’s identity secret. If it is necessary for anyone investigating the employee’s concern to know the employee’s identity, this will be discussed with the employee.
Hydrock does not encourage employees to make disclosures anonymously. Proper investigation may be more difficult or impossible if Hydrock cannot obtain further information from the employee. It is also more difficult to establish whether any allegations are credible. Whistleblowers who are concerned about possible reprisals if their identity is revealed should come forward to the HR Manager or the Managing Director.
External Disclosures
An aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases it should not be necessary to alert anyone externally.
The law recognises that in some circumstances it may be appropriate for an employee to report their concerns to an external body such as a regulator. It will very rarely, if ever, be appropriate to alert the media. Hydrock strongly encourages employees to seek advice before reporting a concern to anyone external. The independent whistleblowing charity, Public Concern at Work, operates a confidential helpline and have a list of prescribed regulators for reporting certain types of concern and who may support employees’ in an advisory capacity.
Whistleblowing concerns usually relate to the conduct of Hydrock’s employees, but they may sometimes relate to the actions of a third party such as a customer, supplier or service provider. In some circumstances the law will protect employees if they raise the matter with the third party directly. However, Hydrock encourages its employees to report such concerns internally in first instance. The employee should contact their line manager or one of the other individuals set out in paragraph above.
Investigation and Outcome
Once an employee has raised a concern, Hydrock will carry out an initial assessment to determine the scope of any investigation. Hydrock will inform the employee of the outcome of the assessment. The employee may be required to attend additional meetings in order to provide further information.
In some cases, Hydrock may appoint an investigator or a team of investigators including employees with relevant experience of investigations or specialist knowledge of the subject matter. The investigator(s) may make recommendations for change to enable the Company to minimise the risk of future wrongdoing.
Hydrock will aim to keep the employee informed of the progress of the investigation and its likely timescale. However, sometimes the need for confidentiality may prevent Hydrock giving the employee specific details of the investigation or any disciplinary action taken as a result. The employee should treat any information about the investigation as confidential
If Hydrock concludes that a whistleblower has made false allegations maliciously or with a view to personal gain, the whistleblower will be subject to disciplinary action.
If the Employee is Not Satisfied
While Hydrock cannot always guarantee the outcome the employee is seeking, Hydrock will try to deal with the employee’s concern fairly and in an appropriate way. By using this policy the employee can help Hydrock to achieve this.
If the employee is not happy with the way in which their concern has been handled, they can raise it with one of the other key contacts listed earlier. Alternatively, they may contact the Board of Directors.
Protection and Support for Whistleblowers
It is understandable that whistleblowers are sometimes worried about possible repercussions. Hydrock aims to encourage openness and will support employees who raise genuine concerns under this policy, even if they turn out to be mistaken.
Employees will 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 an employee believes that they have suffered any such treatment, they should inform the HR Manager immediately. If the matter is not remedied the employee should raise it formally using the Grievance Procedure.
Employees must not threaten or retaliate against whistleblowers in any way. If the employee is involved in such conduct, they may be subject to disciplinary action.
Dr Scott Elliott, Managing Director
June