Concerns/Complaints/Confidential Reporting

 

 

We operate a concerns, complaints or confidential reporting procedure. It’s available to everyone
irrespective of length of service or position.

 

 

Our procedure provides you with access to a safe and effective means of reporting matters of
genuine concern. This could be something inappropriate about the way you believe we run our
organisation. It could be something inappropriate you believe another worker, or an internal
employee is doing. It could be perceived misconduct or some other wrongdoing. If you feel you
would like to raise this with us, you may do so by following this procedure.

 

 

We acknowledge that it is never easy to report a concern. This is particularly the case when you
observe serious misconduct or discover unlawful acts. However, we urge you to refer such matters
at the earliest opportunity. This allows us to respond speedily and effectively, before problems
worsen. As far as we are able, we will deal with anything you report promptly and confidentially.
To ensure this, it’s important you follow our procedure.

 

 

 

 

Guiding Principles

 

 

We must all be watchful for unlawful or unethical conduct at work. Preventing and eliminating
workplace wrongdoing is important. We all have a duty to report such inappropriate behaviour
or activity.

 

 

• We will consider matters you raise under this procedure confidentially. We will investigate
  them promptly and thoroughly.
• We will not victimise or penalise you for raising a reasonable belief under this procedure. This
  applies equally if you come forward with genuine concerns which later turn out not to be
  justified.
• You cannot be instructed to cover up wrongdoing or told not to report genuine concerns. This
  applies even if the person telling you to do so is someone in authority such as a manager. To
  tell you to behave in this way is itself a serious disciplinary offence.
• If anyone attempts to intimidate, bully, harass or victimise you for reporting something through
  this procedure you must tell us. To behave in this way is itself a serious disciplinary offence.
• We treat misconduct or wrongdoing uncovered following an investigation under this procedure
  as a disciplinary matter. We may also have to report it externally, for instance to a statutory
  body.

 

 

 

 

Our Procedure

 

 

• Initially, you should report concerns to the person who registered you to work with FC
  Workforce Ltd. If you are unsure whether to raise the matter, you can talk confidentially with
  that person. If you have concerns, and this person may be involved, please contact a more
  senior Manager/Director (contact details below)
• With your permission, the staff member you report this information to will either investigate
  your allegation personally or refer it to someone more senior. This would usually be our internal
  HR Manager, Joshua Human or our Managing Director Bailey Wootton. You will be advised if
  it is to be referred elsewhere. On conclusion of the investigation, we will advise you of the
  outcome. We will explain what action we are taking. If we do not intend to take any action,
  we will explain why.
• To allow us to investigate, we may ask you to provide further information in relation to your
  report. You should provide us with all information requested if you are possession of it and
  should not leave out any details.
• If you do not receive an acknowledgement of your concerns within seven days, please contact
  a more senior Manager/Director. You can also do this should you believe investigation has
  been insufficient. Very occasionally you may believe your concerns have not been considered
  at a high enough level. Again, please contact a more senior Manager/Director in such
  circumstances. It’s very important to us that you have complete confidence in this procedure.
• A full complaints procedure may be provided to you upon receipt of your complaint by the investigating manager, if appropriate.

 

 

 

 

Public Interest Disclosures

 

 

The law provides special protection for workers who make what are known as “public interest
disclosures”. This is colloquially referred to as “whistleblowing”. Officially they are qualifying
disclosures made in accordance with current public interest disclosure legislation. They only apply
when you report something which is in the public interest. You must reasonably believe it to be so
because it concerns: –

 

 

• a criminal offence.
• a miscarriage of justice.
• an act creating risk to health and safety.
• an act causing damage to the environment.
• a breach of another legal obligation we may have.
• our concealment of any of the above.

 

 

We do not expect you to provide definitive proof of such wrongdoing. However, you must have a
reasonable belief that it is, has been or is likely to take place. Providing you follow the above
procedure; we will investigate urgently. We do not expect you to undertake this aspect yourself.
Our guiding principles are always at the forefront of any investigation we mount.

 

 

It’s possible our investigation may not satisfy every concern you have. Where the matter is a
protected disclosure, you may be able to refer it to a statutory agency. This only applies where
you refer something you reasonably believe is in the public interest, as defined above. Statutory
agencies include HM Revenues and Customs, Office of Fair Trading, Health and Safety Executive
and Environment Agency.

 

 

 

 

Making Malicious Allegations

 

 

This procedure is intended to enable you to identify or support genuine concerns. Our approach is
that we are interested in the substance of any disclosure. Why you choose to raise or support a
concern is not our focus. We encourage you to come forward with any genuine concern, even if it
later turns out not to be justified. However, we have a fair expectation that you reasonably believe
what you are saying to be true. Your report must be honest and sincere in its intention.

 

 

If we subsequently discover that you made or supported false or malicious complaints, this would
be a disciplinary matter. This would include, for instance, false allegations made in spite or for
personal gain. Following investigation, should we identify you deliberately made or supported
malicious allegations, this is potentially very serious misconduct. Depending on the circumstances,
we may even consider it to be gross misconduct. The penalty for gross misconduct is normally
summary dismissal.

 

 

 

 

Approaching External Organisations

 

 

Under no circumstances should you approach a commercial organisation such as a media outlet
instead of utilising this procedure. Neither in the first instance should you publish or promote
concerns on social networking sites, blogs etc. If you do so, you jeopardise our opportunity to
investigate your concerns properly. Such action also negates our promise to deal with matters
confidentially. If you fail to use this procedure it also impedes our ability to provide the protections
it envisages.

 

 

We hope you will have complete confidence in our procedure. If, exceptionally, you feel unable to
utilise it to make a public interest disclosure, you should contact the appropriate statutory agency.
We may consider deliberate violations or breaches of our procedure to be serious misconduct. We
will investigate utilising our disciplinary procedure. Following investigation, should we conclude
your actions amounted to gross misconduct, this can result in summary dismissal.

 

 

Contacts

 

 

joshua.human@fcworkforce.co.uk

 

 

bailey@fcworkforce.co.uk