DISCLOSURE OF CONCERNS (‘WHISTLEBLOWING’) PROCEDURE
Principle of the Procedure
At British Polythene Industries PLC we strive to encourage a culture where issues can be
raised by employees where there is great concern regarding bad or dangerous practice within
the organisation.
This policy is designed to identify suspected criminal behaviour, dishonesty, breaches of
rules and regulations and unethical conduct.
We want to promote good business practice and operate a system which deals internally with
any form of suspected malpractice at the earliest opportunity.
The Enterprise and Regulatory Reform Act 2013 (the Act) updates earlier legislation and
encourages this kind of culture and this policy has been formulated to incorporate the
principles of the Act.
Employees should not confuse this procedure with existing Grievance Procedures which are
in place at local sites. The Grievance Procedure should be used where an employee believes
their own contract of employment has been breached as this procedure is only applicable in
those instances outlined below.
The Enterprise and Regulatory Reform Act 2013
The policy is intended to encourage employees to raise their concerns in a responsible
manner should they reasonably believe that there is a practice within the organisation which
threatens the public interest.
The Act states that employees who raise a concern will be protected from dismissal or
detrimental treatment by their employer and their colleagues if they make a qualifying
disclosure in the public interest about one of the following concerns. Detrimental treatment
includes harassment, bullying or not complying with a person’s entitlements under their
contract of employment.
Employees are therefore encouraged to raise any concerns that they may have in relation to
any of the following activities within the Group’s businesses using the procedure set out
below :
*
That a criminal offence is being, has been or is likely to be committed.
*
That a person is failing, has failed or is likely to fail to comply with any legal
obligation placed upon them.
*
A miscarriage of justice is occurring, has occurred or is likely to occur.
*
That the Health & Safety of any individual is being, has been or is likely to be in
danger.
*
That the environment is being, has been or is likely to be damaged.
*
That information relating to any of the above is being, has been or is likely to be
concealed.
Internal Procedure
In most instances, employees must raise the matter internally within the Company in order to
be protected by the Act. The matter should also be disclosed by employees, believing it to be
true and not for personal gain. Employees who raise concerns in this way will have their
identity protected wherever possible and will be protected from any victimisation arising
from their use of this policy.
There is no need for an employee to prove that the breach or failure that they are alleging has
occurred or is likely to occur as a reasonable suspicion and belief that the information
disclosed is substantially true will suffice. Employees should, however, note that they are not
entitled to make a disclosure if in so doing they commit a criminal offence.
Stage 1
An employee (or an elected employee representative) should contact the appropriate Director
or Managing Director of their site setting out their concerns verbally or in writing. The policy
allows any individual to make a disclosure without revealing their identity. However there
may be circumstances where the matter cannot be resolved without their identity being
revealed (such as where their evidence is required in court/employment tribunal).
The disclosure will be investigated by the Director / Managing Director and arrangements
will be made to discuss the issue. The issue will be treated seriously and will be dealt with in
a confidential, professional and speedy manner. Consultation will take place with all relevant
parties related to the disclosure and appropriate solutions will be sought. This may include
contacting external agencies in order to resolve the issue. The employee will be advised of
the outcome of the investigations in writing as soon as possible. The disciplinary procedure
may be an appropriate solution used to resolve any issues raised which may include the
dismissal of an employee found to be in contravention of this policy.
Where it is not appropriate to contact the Director or Managing Director on site the employee
should contact the Group HR Manager at Greenock.
Stage 2
If the employee is not satisfied by the outcome of investigations at Stage 1 the employee
should write to the Group Company Secretary and Legal Counsel at Greenock. The employee
should set out details of the disclosure and the reasons why there is dissatisfaction with the
outcome of investigations at Stage 1. The matters that have been raised will be fully
investigated by the Group Company Secretary and Legal Counsel and the employee will be
notified of the outcome in writing as soon as possible. There is no further level within the
organisation where concerns and disclosures can be raised.
Stage 3
In the unlikely event that there is still dissatisfaction at the outcome the employee may
contact an external organisation as regulated by the Act. This may include a legal advisor in
the course of obtaining legal advice or a regulatory body appointed by the Secretary of State
(e.g. the Health & Safety Executive).
Employees should note that they may not be protected by the Act if Stages 1 and 2 have not
been exhausted.
Malicious Disclosure
In the unlikely event that an investigation arising from a disclosure concludes that the
employee has knowingly made a false accusation, or has made it with the intention of
personal gain, the employee may be subject to the Company’s disciplinary procedure and
may be summarily dismissed in cases of gross misconduct.
Craig Mason
Group HR Manager
1 October 2013