Whistleblowing Policy
1 Introduction
1.1 Scope
1.1.1 This policy applies to anybody who is employed by, or carries out work on behalf of, Mortgage Brain Limited, AE3 Media Limited and any other companies under the ownership of Mortgage Brain Holdings Limited (combined: the “Company”) including managers, officers, directors, part-time and fixed-term workers (“Colleagues”), as well as temporary staff, and agency workers. Other individuals, including our contractors, subcontractors, suppliers and volunteers are also encouraged to follow the procedure set out in this policy.
1.2 Purpose
1.2.1 The Whistleblowing Policy is to make it clear to all colleagues that it is safe and acceptable to raise any concerns they may have at an early stage over any perceived wrongdoing by the Company, its employees or those with whom it has dealings, without fear of victimisation, reprisal, discrimination or disadvantage.
1.2.2 We recognise that raising a whistleblowing concern can be daunting. However, we encourage you to report concerns internally as soon as possible where you suspect wrongdoing. We are here to listen and will take all concerns that you raise seriously.
1.2.3 If your concern relates to a personal grievance that is not in the public interest (for example, an allegation of bullying or harassment, or an allegation that your contract of employment has been breached), you should raise it under our separate grievance procedure.
If you are unsure about whether your concerns are best dealt with under the whistleblowing policy or grievance procedure, please speak to a Director or a member of the HR department for further advice.
1.3 Intended Audience
1.3.1 This document is intended to be read by all Company colleagues and must not be provided to Third Parties without approval from the document owners (currently, the Senior HR Manager and / or the Chief Financial Officer (CFO)).
2 Policy Overview
2.1 Whistleblowing concerns to which this policy relates
2.1.1 This Whistleblowing is the act of reporting suspected wrongdoing or risk of wrongdoing relating to:
• a criminal offence;
• a failure to comply with a legal obligation;
• a miscarriage of justice;
• a risk to the health and safety of an individual;
• bringing the company into disrepute;
• damage to the environment; or
• an attempt to cover up any of the above.
2.1.2 It is not necessary for you to prove the wrongdoing. However, to be protected by whistleblowing laws against detrimental treatment or dismissal, you must reasonably believe that wrongdoing (related to one of the categories listed
above) is being, has been, or is likely to be committed and that your disclosure is in the public or Company interest.
2.2 Raising concerns about the issues at work
2.2.1 The Company recognises that its employees may from time to time be concerned about an issue at work. Usually, such issues can and are easily resolved. The Company does however also recognise that employees may be the first to realise serious wrongdoing within the Company and may be reluctant to speak up because of loyalty to colleagues or to the Company itself. It can be difficult to know what to do.
2.2.2 Employees may also fear bullying, harassment or victimisation if they did raise their concerns and may therefore choose not so do so.
2.2.3 Any employee who raises concerns over possible wrongdoing by the Company, its employees or those with whom the Company has dealings
(a ”whistleblower”) is also afforded protection under the Public Interest Disclosure Act 1998. The law provides protection for workers who raise legitimate concerns about specified matters. These are called “qualifying disclosures”. This gives protection to a whistleblower who raises concerns about serious fraud or malpractice at their place of work against victimisation or dismissal, provided they have acted in a responsible way in dealing with their concerns.
2.2.4 The holding of any data in connection with this Whistleblowing Policy will be consistent with the provisions of the Data Protection Act 2018 (as amended) and any other relevant legislation.
2.3 Aims of the Whistleblowing Policy
2.3.1 Encourage employees to feel confident in raising concerns and to question and act upon concerns over perceived wrongdoing by the Company, its employees or others with whom the Company has dealings;
2.3.2 Provide guidelines for employees to raise concerns and receive feedback on any action taken;
2.3.3 Ensure that employees receive a response to their concerns and that they are aware of how to pursue them if they are not satisfied;
2.3.4 Reassure employees that if they raise a concern in the public interest reasonably believing that the information, and any allegations contained in it, are substantially true, they will be protected against any possible reprisals, harassment or victimisation; and will not be discriminated against or suffer any disadvantage.
3 How to Report your concern
The most important thing is that you raise your concern with someone.
3.1 Stage 1- Raising a whistleblowing concern
3.1.1 If you have a genuine concern relating to any type of wrongdoing that is covered under this policy, you should raise it with your line manager. If your concern relates to your line manager, or for any reason you do not wish to approach your line manager, you should raise your concern with the Director of your Department or the HR department.
3.1.2 You can raise your concern orally, or in writing. It is important that you set out clearly:
• the details of the suspected wrongdoing;
• the names of any individuals involved; and
• and what action (if any) you are seeking.
3.1.3 In some cases, it may be necessary to ask you to attend a meeting to clarify the nature of your concern. This will be arranged as soon as possible. You may, if you wish, bring a colleague or a trade union representative with you to the meeting. Where it is considered appropriate, a member of the HR department may also be present.
3.2 Stage 2- Responding to your whistleblowing concern
3.2.1 The manager to whom you raise your concern will decide if an investigation is required and, if it is, the most appropriate person to conduct it. The relevant manager will write to you confirming that they are conducting an investigation and the timescale for completion.
3.2.2 The level of investigation and time this will take will vary depending on the nature of the suspected wrongdoing. This may involve an internal inquiry or a more formal investigation – when fraudulent activity is suspected the Anti-Bribery & Corruption Policy will be used to investigate the matter. We will ensure that the investigation is carried out in a way which is fair and equitable to the individual raising the concern and the person(s) against whom the
allegation is made.
3.2.3 We will keep you updated as to the progress of your matter as appropriate. Once your concern has been fully investigated, we will confirm this and let you know what we can about the actions we have taken. While we aim to provide you with comprehensive feedback, in some cases this may not be possible, for example where data protection rules apply or there are sensitive issues that need to remain confidential.
3.3 Stage 3- Appeal
3.3.1 If you are not satisfied with how your concern has been dealt with, you should appeal to a Director who did not handled the original concern or a member of the HR department.
3.3.2 You can raise your appeal orally, or in writing. It is important that you set out clearly the grounds of your appeal, ie the basis on which you consider that your original concern has not been satisfactorily dealt with.
3.3.3 In some cases, it may be necessary to ask you to attend a meeting to clarify the nature of your appeal. This will be arranged as soon as possible. You may, if you wish, bring a colleague or a trade union representative with you to the meeting. Where it is considered appropriate, a member of the HR department may also be present.
3.3.4 The relevant manager will consider your grounds for appeal and review the manner in which your original whistleblowing concern was handled. You will be informed in writing of the outcome as quickly as possible.
4 Responsibilities
4.1 As an employee you are responsible for:
4.1.1 Understanding the standards of ethical behaviour expected at the Company.
4.1.2 Raising any genuine concern you may have as quickly as possible as outlined in section 2.
4.2 Managers and Directors are responsible for:
4.2.1 Ensuring that all employees, agency workers, temporary staff, volunteers and contractors working in their department are made aware of this policy.
4.2.2 Creating an environment in which it is easy to discuss a concern about unethical behaviour.
4.2.3 Taking seriously any concern that is raised.
4.2.4 Dealing sensitively with anyone who raises a concern.
4.2.5 Logging all concerns raised
4.2.6 Notifying the Chief Finance Officer at the earliest opportunity if the concern involves possible fraudulent activity.
4.2.7 Investigating concerns thoroughly and making an objective assessment of the concern
4.2.8 Seeking advice when necessary.
4.2.9 Keeping the employee advised of progress, as appropriate.
4.2.10 Completing an Investigation Summary Report.
4.3 Human Resources:
4.3.1 Providing advice to employees and managers on the application of the Whistleblowing Policy.
4.3.2 Monitoring the effectiveness of the Whistleblowing Policy and process.
4.3.3 Maintaining a restricted access whistleblowing register and associated records.
4.3.4 Supporting managers to ensure his/her obligations in this Policy
4.3.5 Conducting a review of this policy from a legal and operational perspective once a year.
5 Your Safety
5.1 If you raise a genuine concern under this policy, you will not be at risk of losing your job or suffering any form of retribution as a result. It does not matter if you are mistaken. Of course, the Company does not give this assurance to someone who raises an allegation which they know to be false.
5.2 If you believe that you have suffered any such treatment you should inform a Director of the Company or the HR department.
6 Your Confidentiality
6.1 We hope that this policy reassures you that you can safely raise a concern openly. If you feel that you cannot, you can ask for your identity to be kept confidential, but you need to make this very clear when you raise your concern. If you ask us to protect your identity, we will not disclose it without your consent, unless we are required to do so legally. If the situation arises where we are not able to resolve the concern without revealing your identity, we will discuss with you whether and how we can proceed.
6.2 While we will consider anonymous reports, this policy is not designed to deal with concerns raised anonymously. Remember that if you do not tell us who you are, it will be much more difficult for us to look into the matter, to protect your position, or to give you feedback. It is also more difficult to establish whether the allegations are credible.
6.3 We encourage anonymous reporting over remaining silent.
6.4 Whistleblowers who are concerned about possible reprisals if their identity is revealed should come forward to a Director of the Company or the HR department and appropriate measures can be taken to preserve confidentiality. If you are in doubt, you can seek advice from a Director of the Company or the HR department.
7 Our Commitment to You
7.1 You have the right not to be subjected to any detrimental treatment (including being unfairly penalised, disciplined or dismissed) because you have raised a whistleblowing concern.
7.2 If you raise a whistleblowing concern in accordance with this Policy, we will ensure that you are treated with respect and provided with adequate support and protection.
7.3 If you are told not to raise or pursue a whistleblowing concern, or you believe that you have been subjected to detrimental treatment because you have raised a whistleblowing concern, you should report the matter to the Director of your department or a member of the HR Team. In the alternative, you can raise it under our Grievance procedure if it applies to you.
7.4 If we find that an individual has knowingly raised false allegations, this will also be treated as a disciplinary offence.
8 Raising your Whistleblowing Concerns Externally
8.1 We encourage you to raise your whistleblowing concerns internally in the first instance. If you feel that appropriate action has not been taken, you should report the matter to the correct prescribed body or person (see list on GOV.UK).
8.2 You should seek advice if you are thinking of raising your concern with the media as you will not have protection under whistleblowing laws unless certain conditions are met.
9 Further Guidance
9.1 If you need further guidance or support, you can contact the whistleblowing charity Protect or Citizens Advice for free confidential advice.
10 Supporting Documentation
10.1 Anti-bribery & corruption
10.2 Travel & Expenses Policy