Whistleblowing Policy Statement and Procedure | Whistleblower Protection and Rights | Complaint Form and Assessment | FCA Handbook | Template for FCA Applications and Authorised Firms

1 Policy Statement

[Your Company Name] (hereinafter referred to as the “Company”) takes seriously any valid and non-malicious disclosure of a failing within the firm, either by the firm itself through operational failings or by any staff member or associated individual.

We support all staff and encourage an open and transparent workplace where employees feel safe to report any concerns that they may have. When a person reports a concern and advises that the disclosure has been made under the firm’s Whistleblowing Policy, we will take every measure to ensure that the staff members’ identity is protected and that they are treated in a fair and confidential manner.

The Company complies with all aspects of the Public Interest Disclosure Act 1998 (PDIA) and adopts a positive approach towards staff reporting any potential or suspected wrong doings as they apply to legislative, regulatory or statutory requirements.

This policy provides further information on our intent in this area and contains guidance for staff on reporting any such wrongdoing and assurances as to the confidentiality of any report. We confirm that we have provisions in place to comply with the PIDA and have internal procedures which are clearly communicated to all staff with regards to any concerns that they may have.

2 Purpose

The purpose of this policy is to provide the Company’s intent and approach with regards to complying with the Public Interest Disclosure Act 1998 and our own internal Whistleblower Policy and procedures. The policy is designed to deal with any concern raised in relation to issues which are in the public interest and are not already covered within the Company’s existing policies and procedures.

We maintain a transparent and open workplace where all staff are encouraged to report any suspicions or concerns to a Manager or designated person without fear of recrimination or further consequences. All such reports are held in the strictest confidence and reporting staff will be treated with due consideration and respect.

3 Scope

This policy applies to the Company and its staff (meaning permanent, fixed term, and temporary staff, any third-party representatives or sub-contractors, agency workers, volunteers, interns and agents engaged with the Company in the UK or overseas). Any member of staff who does not follow this policy and any associated procedures will be subject to disciplinary procedures and possible termination from the company.

4 What Is Whistleblowing?

For the purposes of this policy, ‘whistleblowing’ refers to any individual who has become aware of an illegal activity taking place in or in association with the Company and the act of sharing this information with another person, authority or regulator, for the purposes of reporting it.

The person doing the reporting is known by the term ‘whistleblower’. This person can be an employee, contractor, agent, client, supplier or any other third party associated with the Company. Despite the stigma surrounding the term ‘whistleblowing’, the Company views this act in a positive light and will work to protect the identity and reputation of any person who comes forward to report actual or suspected illegal activities.

4.1 Who Can Raise a Concern?

Any member of staff who has reasonable belief of a qualifying disclosure can raise and/or report a concern. A qualifying disclosure is information about malpractice, which include, but is not limited to, criminal offences, failure to comply with legal and/or regulatory obligations, threats to or breaches of health and safety of an individual, damage to the environment and/or a deliberate attempt to cover up any of the above.

Under the Public Interest Disclosure Act 1998, all workers, including temporary agency staff and persons on training courses (excluding volunteers) can raise a concern without malice and in good faith. Disclosures must not be made for purposes of personal gain and the policy does not apply to personal grievances regarding: –

• An employee’s terms and conditions of employment
• Any aspect of the working relationship
• Complaints of bullying or harassment
• Disciplinary matters

4.2 Public Interest Disclosure Act 1998

The Public Interest Disclosure Act 1998 is an Act of Parliament that includes provisions for protecting whistleblower’s from any adverse or detrimental treatment by their employer or colleagues. The aim of the Act is to ensure that any wrong doings within an organisation, can be reported to the authorities or regulators without the reporter fearing repercussions in relation to their job or treatment.

The Company firmly supports the Whistleblowing provisions and has put an internal policy in to place to ensure that its staff feel no adverse or negative consequences or pressure when considering reporting any wrong doings.

In accordance with section 1 of the PIDA: –

• a protected disclosure is a qualifying disclosure which meets the relevant requirements set out in part 4A of the Employment Rights Act 1996
• a qualifying disclosure is a disclosure, made in1 the public interest, of information which, in the reasonable belief of the worker making the disclosure, tends to show that one or more of the following (a “failure”) has been, is being, or is likely to be, committed: –
  • a criminal offence
  • a failure to comply with any legal obligation
  • a miscarriage of justice
  • the putting of the health and safety of an individual in danger
  • damage to the environment
  • deliberate concealment relating to any of the above

The Company confirms that it understands the above clauses and has taken into consideration any provisions within the Act which apply to the firm, when developing and implementing our Whistleblower Policy and Procedures.

5 Objectives

It is the Company’s aim to ensure that: –

• All staff are made aware of their rights under the PIDA
• All staff are made aware of any verbal or written procedures and guidance that we have in place and how they apply to them and their role
• All staff are aware that any concerns or suspicions of wrongdoing are to be reported to a manager immediately and that any such report will not purport any negative consequences or detrimental treatment within the workplace by any other staff member
• Staff are made aware of alternate reporting lines (i.e. Compliance Officer, HR Manager), should they wish not to disclose their concern to a direct line manager
• Staff are made aware that any false or malicious reports will be penalised by the firm and disciplinary action will be taken
• All staff are made aware of external advice providers with who they can communicate
• All staff are protected from victimisation, harassment or disciplinary action as a result of any disclosure.

The whistleblower should make it clear that they are making their disclosure within the terms of this whistleblowing policy, which ensures that the recipient of the disclosed information realises this and takes the necessary action to investigate the disclosure and to protect the whistleblower’s identity.

Where the Company are bound by regulatory requirements on whistleblowing, the Company will ensure that the below regulatory objectives are met and put into place.

The Company confirms that we will: –

• appoint a Senior Manager as our whistleblower’s champion
• put in place internal whistleblowing arrangements able to handle all types of disclosure from all types of person
• put text in settlement agreements explaining that our workers have a legal right to blow the whistle
• tell our UK-based employees about the FCA and PRA whistleblowing services
• present a report on whistleblowing to the board at least annually
• inform the FCA if we lose an employment tribunal with a whistleblower
• require our appointed representatives and tied agents to tell their UK-based employees about the FCA whistleblowing service

5.1 Whistleblower Protection & Rights

The Company takes any suggestion or report of illegal activity associated with the company very seriously and will always carry out a full investigation into any allegations. This policy has been written in consideration of the Public Interest Disclosure Act 1998, which protects any employee who makes a disclosure about certain matters of concern, when those disclosures are made in accordance with the Act’s provisions and in good faith.

We fully support the clause in the Act which makes it unlawful to dismiss anyone or allow them to be victimised on the basis that they have made an appropriate lawful disclosure in accordance with the Act. We will also ensure that any employee who makes a disclosure under this Act and policy is supported and protected against harassment and/or victimisation.

The Company does not tolerate any harassment or victimisation of a whistleblower (including informal pressures, suggestions or remarks) and will take appropriate action to protect any employee who raises a concern in good faith. Any employee found to be the cause of harassment or victimisation will be considered to have committed a serious disciplinary offence and will be dealt with under our disciplinary rules and procedures.

All concerns will be treated in confidence and every effort will be made not to reveal the identity of the disclosing employee if they so wish. We also support the act of making disclosures anonymously if an employee feels this is their only options, however we would encourage any employee to put their name to any allegation where possible so that a follow up and proper investigation can be conducted.

6 Procedure

The Company ensures that all staff are aware of the Whistleblowing Policy and Procedures and are provided with access to the Whistleblowing Incident form and reporting lines. Any employee wishing to raise a concern, is asked to follow the below process.

6.1 Raising a Concern

• Obtain a copy of the Whistleblowing Complaint Form from [Insert hard Copy/Electronic Location of Form]
• Complete the Whistleblowing Complaint Form, ensuring all details are provided
• Submit the completed form to [Insert Name/Position] 

6.2 Non-Whistleblowing Complaints

Where the assigned investigator deems the complaint to be dealt with under an alternate company procedure (e.g. general complaint procedure, grievance procedure), they will advise the person making the disclosure as to the appropriate steps to follow.

6.3 Whistleblowing Complaints

Where the investigator considers the complaint to be subject to the Whistleblowing Procedures, the complaint assessment process is followed, and the investigator decides whether the matter raised should be: –

• Investigated internally
• Referred to an external auditor
• Referred for independent enquiry
• Reported to the authorities and/or regulating body

6.4 Complaint Assessment

All Whistleblowing Complaint Forms are assigned to a designated person who is responsible for: –

• Investigating the concern raised
• Decide if the complaint should be dealt with under the Whistleblowing Procedure
• Gathering additional and/or supporting information
• Reviewing the complaint
• Completing the Whistleblowing Complaint Form

Where the investigator decides not to proceed with an investigation or that no outcome actions are required after reviewing the complaint details; this decision is explained fully to the individual who raised the concern.

The individual is then advised that if they disagree with the decision not to proceed, they may report the incident again to [Insert Name/Position] or an independent body.

6.5 Investigation Outcome

Where the complaint was founded and upheld, the investigator will complete the Whistleblowing Complaint Form with the review outcome and advise of the next steps to be taken. Where the incident is dealt with internally, resulting actions are recorded on the form and any formal disciplinary actions (if applicable) are noted.

7 Responsibilities

It is the responsibility of all managers to ensure that this policy is disseminated to and understood by all staff and that the supplementing procedures and reporting lines are also made clear and are available for reference.

All staff are expected to comply with the PIDA, any related regulatory requirements and our own internal policy and procedures, failure to do so may lead to disciplinary action being taken.

8 Whistleblowing Complaint Form (Template)

NAME OF COMPLAINTANT: _________________________                        DATE: _________________

SIGNATURE OF COMPLAINTANT: __________________    

NAME OF INVESTIGATOR:    ________________________              DATE: _________________

SIGNATURE OF INVESTIGATOR:   ____________________