Whistleblowing

41 WHISTLEBLOWING

41.1 Preamble

● The Company is committed to the highest possible standards of openness, probity and accountability.  In line with that commitment, the company expects employees and others that it deals with, who have serious concerns about any aspect of the company’s work to come forward and voice these concerns.  It is recognised that in most cases we will have to proceed on a confidential basis.

● The policy applies to all employees (both our own and within our supply chain), contractors, (eg, suppliers, service engineers, auditors, etc, customers and anyone else, with whom our business comes into contact.  

● This procedure is in addition to the Company’s complaints procedure and other statutory reporting procedures.

● This policy makes it clear that employees (and any other third party),  can speak out and do so without fear of victimisation, subsequent discrimination or disadvantage.  This whistleblowing policy is intended to encourage and enable employees and anyone else, to raise serious concerns regarding any of our company interactions, rather than us finding we have overlooked a problem.  

● We are making sure our employees, our other stakeholders and the general public, keep their eyes open and raise such concerns, so that we can both demonstrate and ensure good practice.  It will give a clear message that those tempted to defraud the Company or who are reckless about the company’s reputation will not get away with it.  It also reinforces our zero tolerance to modern slavery practices and our commitment to ensuring that this does not appear within our supply chain.  

● We encourage all who interact with us, including those within the communities which we serve, feel they can raise their concerns directly with us, knowing that such concerns will be taken seriously and dealt with, with sincerity and sensitivity.  

41.2 Aims and Scope

This policy aims to:-

● Encourage all stakeholders and our communities,  to feel confident in raising serious concerns and to question and act upon concerns in practice.

● Provide avenues for staff, stakeholders and other third parties, to raise their concerns and to receive feedback on any action taken.

● Ensure that anyone raising a concern, receives a response to their concerns and that they are aware of how to pursue them if they are not satisfied.

● Reassures all Creamline contacts and stakeholders that they will be protected from possible reprisals or victimisation if they have a reasonable belief that they have made a disclosure in good faith.

There are existing procedures in place to enable staff to raise a grievance relating to their own employment.  The whistle blowing policy is intended to cover major concerns that fall outside the scope of this procedure and these include:-

● Sexual, physical or psychological  abuse of anyone with whom Creamline transacts.  .

● Conduct that is an offence or a breach of the law, including but not limited to Modern Slavery or other legislations which limits an individual;s rights and freedoms of movement.  .

● Disclosures related to miscarriages of justice.

● Health and safety risks, including risks to the public as well as other employees.

● Damage to the environment.

● Unauthorised use of funds.

● Possible fraud or corruption.

● Other unethical conduct or significant concern which might be considered a public disclosure.  

Any serious concerns that stakeholders and third parties have about any aspect of service provision or the conduct of colleagues or others acting on behalf of the company can be reported under the whistle blowing policy. This may be sometimes that:

● Makes you feel uncomfortable in terms of known standards, your experience or the standards you believe the Company subscribes to.

● Is against the Company’s policies and procedures.

● Falls below established standards and practice.

● Amounts to improper conduct.

This policy does not replace the Company’s complaint procedure.

41.3 Safeguards

● The Company is committed to good practice and high standards, and it wants to be supportive to employees and all other stakeholders.  .

● The Company recognises that the decision to report a concern can be a difficult one to make.  If what a potential complainant  is saying is true, they should have nothing to fear because they will be doing their duty to report their concerns.

● The Company will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect a complainant,  when they raise a concern in good faith.

● Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary action or redundancy procedure that already affects an employee.

● The company recognises that there are two sides to every story.

● Where possible and where requested by the employee the identity of a whistle blower will be kept confidential.

41.4 Confidentiality

All concerns will be treated in confidence and every effort will be made not to reveal a complainant’s identity, if they do not wish. At the appropriate time, however, the complainant may need to come forward as a witness.  

41.5 Anonymous allegations

● This policy encourages complainants  to put their name to an allegation whenever possible.

● Concerns expressed anonymously are much less powerful but will be considered at the discretion of the Company.

● In exercising this discretion, factors taken into account will include:-

• The seriousness of the issue raised.
• The credibility of the concern.
• The likelihood of confirming the allegations.

 41.6 Untrue allegations

If an employee makes an allegation in good faith but it is not confirmed in the investigation, no action will be taken against them.  If, however, an employee makes an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against them.

41.7 How to raise a concern

● As a first step, a complainant should normally raise concerns with their immediate manager or Creamline contact.  This depends, however, on the seriousness and sensitivity of the issues involved and who is suspected of alleged  malpractice.  For example, if an employee believes that management is involved, they should approach a director.  If they feel the director is involved, another director or the joint managing director should be approached.

● Concerns may be raised verbally or in writing.  Complainants who wish to make a written report are invited to use the following format:

• The background and history of the concerns including dates.
• The reason why they are concerned about the situation.

● The earlier they express their concerns the easier it is to take action.

● Although the complainant is not expected to prove beyond doubt the truth of their allegation, they will need to demonstrate to the person contacted that there are reasonable grounds for their concern.

● Advice and/or guidance on how to pursue the matter of their concern may be obtained from a director.

● Employees may wish to consider discussing their concerns with a colleague or Creamline contact first and they may find it easier to raise the matter if there are two or more of them who have the same concerns or experience.

● They may invite a friend to be present during any meeting or interview in conjunction with the concerns they have raised.

41.8 How the company will respond

● The Company will respond to the complainant’s concerns.  

● Where appropriate, the matter raised may be:

• Investigated by management, an auditor or through the company’s disciplinary procedure.
• Referred to the police.
• Referred to an external auditor.
• Form the subject of an independent inquiry.

● In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and if so, what format it should take.  Concerns or allegations that fall within the scope of specific procedures, for example, discrimination issues will normally be referred for consideration under those procedures.

● Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required this will be taken before any investigation is conducted.

● Within five (5) working days of a concern being raised, the responsible person, the director will write to the complainant to:

• Acknowledge that the concern has been raised. 
• Indicate how the Company will progress the matter.
• Give an estimate of how long it will take to provide a final response.
• Tell the complainant  whether any initial enquiries have been made.
• Supply the complainant  with information on staff support mechanisms, where they are employed..

● Confirm whether further investigation will take place and if not, why not.

● The amount of contact between the person considering the issue and the complainant will depend on the nature and complexity of the matter raised, potential difficulties and the clarity of the information provided.  If necessary, the Company will seek further information from the complainant.

● When any meeting is arranged offsite, the complainant  may have a friend to accompany them.

● The Company will take steps to minimise any difficulties that the complainant may experience as a result of raising a concern.  For instance, if a complainant is required to give evidence in a criminal or disciplinary proceedings, the Company will arrange for them to receive advice about the procedure.

● The Company accepts that the complainant needs to be assured that the matter has been addressed properly and will, subject to any legal constraints, inform the complainant of the outcome of any investigation.

41.9 The responsible officer

A director has overall responsibility for the maintenance and operation of the procedure.  The director will maintain a record of concerns raised and the outcome, but in a way that will not compromise confidentiality.

41.10 How the matter can be taken further

This policy is intended to provide all Creamline stakeholders and wider community, with a process where they can raise their concerns within the Company.  It is hoped that the complainant will be satisfied with any action taken under this process.  If this is not the case, and if they feel it is right to take the matter further outside the Company, the following are possible contact points.

• The registration and inspection departments.
• Relevant professional bodies or regulatory organisations.
• A relevant voluntary organisation.
• The police.
• Your trade union.
• Local Citizens Advice Bureau.
• An external auditor.

If a complainant decides to take this matter outside of the Company, they should ensure that they do not disclose confidential information.

To make a complaint in the first instance please contact us at [email protected].