Whistleblowing
Purpose and Scope:
To protect people raising matters of public interest to stop malpractice and wrongdoing
Introduction
Associated British Foods plc encourages an open culture in all its dealings between employees and people with whom it comes in contact. Effective and honest communication is essential if malpractice and wrongdoing is to be effectively dealt with. The procedure below provides guidelines for individuals who feel they need to raise certain issues to Associated British Foods plc or their own employing subsidiary, in confidence ('WHISTLEBLOWING'), and is designed to protect those raising a genuine concern from any detriment, in line with the Public Interests Disclosures Act 1998.
Usually concerns about issues at work can be easily resolved. However, when the concerns are about breaches of the law or regulations; serious misconduct by another person; health and safety matters or financial malpractice it can be more difficult to know what to do. Individuals who have a reasonable belief that malpractice is occurring have a responsibility to speak out, in the confidence that they are supported by the Company
By the end of this policy you should be able to understand:
- What constitutes malpractice or wrongdoing as covered by this policy
- How to go about raising a concern when you believe malpractice or wrongdoing is occurring.
- Related policies and procedures/sources of support.
What Is Malpractice?
Malpractice is where an area of the Company, or a team, or individual is undertaking activity which is wrong either by being:
- against the law, or in breach of operating regulations
- an act of fraud, usually for personal gain, in breach of the Company’s anti-fraud policy
- where a person is failing, or has failed to comply with legal obligations
- where a miscarriage of justice has, or is occurring
- where the health and safety of an individual has, or is likely to be endangered
- that is against Company policy, i.e., acceptance of bribes etc.
- where information tending to show any matter falling within the matters above has been, or is likely to be concealed.
This is not an exhaustive list, therefore if there is anything else that you think the Company should be aware of please use the procedure outlined in this policy. By knowing about malpractice at an early stage we can take the necessary steps to safeguard the interests of everyone and our organisation.
This procedure is not a substitute for the normal Grievance Procedure or other relevant policies. The procedure is not a channel for raising matters in relation to your terms and conditions of employment
Your protection and confidence
It is natural to worry that by reporting issues that concern you at work you will be opening yourself up to victimisation or risking your job security. The Company's strong commitment to this policy means you can raise concerns about malpractice and be sure that you will be supported and protected from repercussions. Provided you act in good faith and have reasonable belief that malpractice is occurring, it doesn't matter if you are mistaken. There is no question of you having to prove anything.
Associated British Foods plc will not tolerate the victimization of anyone raising a genuine concern and anyone responsible for such conduct will be subject to disciplinary action.
Having raised your concern the person to whom the disclosure has been made will, unless otherwise advised, act as your point of contact in the matter. They will be responsible for dealing with any instances of victimization arising out of you raising your concern. Should you feel that there is any detriment to you, or your career, as a result of raising the concern this should be reported immediately to the person to whom the disclosure was made. If you reasonably believe that you are unable to discuss the detriment with that person you should bring it to the attention of one of the other contacts listed in the section Altenative Contact Details below.
You may decide that you want to raise a concern in confidence. Therefore, if you ask for your identity to be protected, the Company will at all times do its best to ensure this.
Should you raise a concern under this policy you will be consulted on the outcome you wish to achieve. However there is a responsibility on your part. It is a disciplinary offence to raise a malicious allegation. If the person making the disclosure is involved in malpractice the disclosure will not protect them from disciplinary action, where appropriate, but the disclosure will be taken into account regarding the penalty.
How To Raise Your Concern Internally
Step 1: Tell your line manager / head of department
If you are concerned about any form of malpractice you should feel able to raise it first with your line manager. This is the normal way in which you should first raise the issue. There is no special procedure for doing this - you can tell him/her about the problem or put it in writing if you prefer.
Step 2: Alternative Internal Contacts
If you feel you are unable to raise the matter with someone in your immediate line management, for whatever reason, please bring the issue to the attention of one of the alternative contacts identified in the section Altenative Contact Details below.
If you have reasonable grounds for believing that the Board of Directors of your employing company or that the ABF Board of Directors may be involved or condoning the activity you should first contact the Company Secretary of ABF whose contact details appear in the section Altenative Contact Details below.
Only if the nature of the matter is such that you cannot raise it with any of the contacts identified, or if you have followed the internal channels listed in Steps 1 and 2, and you still have concerns you should contact an external enforcement agency; usually a regulatory body or the police.
What Will Happen Next?
Once you have reported your concern, the person to whom it has been raised will assess what action should be taken, initiating the appropriate enquiries an initial assessment on how to proceed will be undertaken as quickly as possible, usually within 5 working days. Often this will lead to a formal investigation, which depending on what is found will determine the action to be taken and the timescales involved. Your contact will keep you up-to-date on the outcome of any enquiries and investigations carried out and any actions taken, where it does not impact on the Company's duty of confidentiality to others. If your concern falls more properly within other policies (e.g. Discipline and Grievance etc.) your contact will tell you.
If you are unhappy with the response you receive, remember you can go to other levels detailed in this policy. The Company is committed to ensuring any such issues are handled fairly and properly. By using this policy you will help us to achieve this.
Summary
The main purpose of this policy is to give you the opportunity and protection you need to raise your concerns internally. In almost every case, raising concerns internally will be the most appropriate action for you to take.
Alternative Contact Details
Internal Audit Manager:
Human Resources Manager - Business Functions & HR Development
Human Resources Director:
Company Secretary of ABF
Paul Lister
Associated British Foods plc
Weston Centre
10 Grosvenor Street
London
W1K 4QY
Email: paullister@abfoods.com
Tel: + 44 (0) 207 399 6500
