Howden Foundation Whistleblowing Policy

Introduction

The Howden Foundation (“the Foundation”) is a charity registered in England & Wales (Charity Number 1156286) that is supported by Howden Group Holdings Limited, its subsidiary companies (“Howden”) and their employees (“Howden employees”). 

It is important to the Foundation that any fraud, misconduct or wrongdoing is reported and properly dealt with. The Foundation therefore encourages all individuals to raise any concerns that they may have about the conduct of others in the Foundation or the way in which the Foundation is run. This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.

This policy applies to everyone working for the Foundation in any capacity, including staff members, trustees, seconded workers, volunteers, interns, contractors and external consultants. It is also available to use by any external third party or counterparty. This policy is not contractual and the Foundation reserves the right to amend it should it, in its sole discretion, elect to do so.

Our Principles

  • Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Individuals should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.

  • Any matter raised under this policy and procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the individual who raised the issue. 

  • No individual will be victimised for raising a matter under this policy. This means that the continued employment and opportunities for future promotion or training of the individual will not be prejudiced because he/she has raised a legitimate concern. 

  • If misconduct is discovered as a result of any investigation under this policy, the Howden Group Services Limited – UK Disciplinary Procedure will be used, in addition to any appropriate external measures.

  • Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence. 

  • Maliciously making a false allegation is a disciplinary offence. 

  • An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, individuals should not agree to remain silent. 

This policy is for disclosures about matters other than a breach of an employee's own contract of employment. If an employee is concerned that his/her own contract has been, or is likely to be, broken, he/she should use the Howden Group Services Limited – UK Grievance Policy & Procedure.

What is Whistleblowing?

‘Whistleblowing’ is a term used to refer to the internal or external disclosure of malpractice as well as illegal acts, or omissions, at work. It covers, for example, how we raise funds, how we commission work or make payments. The law provides protection for those who raise legitimate concerns about specified matters. These are called "qualifying disclosures". A qualifying disclosure is one made in the public interest by an individual who has a reasonable belief that: 

  • a criminal offence;

  • a miscarriage of justice; 

  • an act creating risk to health and safety; 

  • financial fraud or mismanagement; 

  • an act causing damage to the environment; 

  • negligence; 

  • breaches of our internal policies and procedures; 

  • breaches of competition law or anti-competitive practices; 

  • a breach of any other legal obligation; 

  • conduct likely to damage the Foundation’s reputation; 

  • concealment of any of the above; 

is being, has been, or is likely to be, committed.

Non-Whistleblowing Concerns 

This policy is only to be used in the exceptional circumstances as outlined above. There are a number of policies that the Foundation adheres to that will be relevant in other circumstances. This list includes but is not limited to: 

  • Howden Foundation Safeguarding Policy

  • Howden Foundation Anti-Bribery Policy

  • Howden Group Services Limited – UK Bullying Harassment Policy and Procedure

  • Howden Group Services Limited – UK Disciplinary Policy and Procedure

  • Howden Group Services Limited – UK Grievance Policy and Procedure

Raising a concern 

You should raise your whistleblowing concern as soon as possible. This will make it easier to act and to enable any problems to be resolved or reported quickly. You can make your disclosure orally but written disclosures are preferable as these will make the process more efficient and effective. 

In your disclosure, you should: 

  • provide any relevant context and background, including relevant dates, venues, names etc. 

  • state clearly the reason why the situation causes for concern. 

You must say that you are raising your concern using the whistleblowing policy and whether you wish your identity to be kept confidential. While we will make every effort to deal with your case confidentially, depending on the circumstances of the case this may not always be possible. Where this is the case, you will be informed of this and the reasons why it was not possible. We will consider anonymous disclosures, but we do not encourage them as anonymity often makes it difficult to properly investigate concerns, protect employees or give feedback on outcomes.

Reporting Whistleblowing Concerns 

You should always look to raise the matter directly with the Foundation CEO in the first instance, either in person, or by email at Claire.Harbron[at]howdenfoundation[dot]com. Please note emails will only be anonymous if sent from an anonymous email address. The CEO is responsible for ensuring all concerns are taken seriously and appropriate action taken including logging the risk on the risk register. To ensure oversight of the response, the CEO will immediately inform the Board of Trustees.

Where raising the matter with the CEO is not appropriate because they may be involved in the alleged malpractice, wrongdoing or illegal acts or omissions in some way, raise your concern with the Foundation Chair of the Finance, Audit and Risk Committee, either in person, or by email at [email protected].  

Foundation response to whistleblowing concerns

Your disclosure will always be acknowledged within five working days. It will be investigated by the Foundation CEO, unless this is not appropriate because they may be involved and you reported it directly to the Foundation Chair of the Finance, Audit and Risk Committee, in which case the Trustees will investigate. 

They will arrange to meet you as soon as possible, away from the workplace if necessary, to enable you to explain your concern. As explained above, we may not always be able to keep your details confidential but we will always let you know if it is not possible to do so. You will be told either at the meeting or as soon as possible afterwards what action will be taken to address the concern you have raised. Where action is not taken, you will be informed and given an explanation. The action taken in response to a disclosure will depend on the nature of the concern.

Typically, the matters raised may result in one or more of the following:

  • no action required

  • action being taken under another Foundation or Howden Policy or Procedure

  • an internal investigation under this policy

  • a referral to the police or relevant statutory body

  • a referral to the Foundation’s external auditors

  • a referral to the Charity Commission

Raising a concern externally 

We strongly encourage you to exhaust the internal processes set out above in the first instance. In exceptional or urgent circumstances, however, or where, having made a disclosure, you are unhappy with the outcome, you have a legal right to make a disclosure to prescribed bodies. These include but are not limited to:

  • the Charity Commission; 

  • HM Revenue & Customs; 

  • the Health and Safety Executive; 

  • the Fundraising Regulator. 

Similar to the rights and obligations of an employee, the Foundation reserves the right to make a referral to any of the above agencies without your consent.

Making a disclosure to the press 

Disclosures to the press will not be considered reasonable and may constitute misconduct. As such, the matter might be treated as a disciplinary matter in accordance with our disciplinary and grievance policy and procedure.

Further Advice

If you are unsure about whether to follow this policy or want independent advice at any stage, you can refer to the Charity Commission for advice or contact the independent charity Protect. Their advisers can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work. They will support you and advise you on the law and how best to proceed. They will do this confidentially.

Website: https://protect-advice.org.uk/ 

Telephone: 020 3117 2520 

Review

This policy is reviewed by the Foundation trustees on a regular basis to ensure compliance with legislation and best practice. 

Any amendments to this Policy require approval by the Foundation trustees, in accordance with the Scheme of Delegation.