Whistleblowing Policy

Purpose

Considerate Constructors Scheme Limited (‘CCS’, ‘we’, ‘us’, and ‘our’) is committed to the highest standards of openness, probity, ethical behaviour and accountability.

CCS is committed to enabling staff and other members to raise concerns responsibly and effectively. We actively encourage individuals to speak up at an early stage if something doesn’t feel right, even if they are unsure whether it meets the formal definition of whistleblowing.

While employees must protect confidential information, anyone who believes they have identified serious malpractice or wrongdoing should report it internally without fear of reprisal, including via routes independent of line management (though minor issues may be raised with a line manager).

The Public Interest Disclosure Act 1998 provides legal protection for employees who raise certain serious concerns in the public interest (see Scope of Policy below). CCS endorses these protections and will ensure no member of staff is disadvantaged for raising a legitimate concern.

This policy supports individuals who believe they have discovered wrongdoing, malpractice or impropriety. We recognise that raising a concern can feel difficult, and we are committed to supporting individuals throughout the process.

It is not intended to challenge business decisions or replace existing harassment, complaint, disciplinary or grievance procedures. Staff and other members are expected to use these whistleblowing arrangements rather than raise concerns outside CCS.

Scope

This policy enables all CCS colleagues, agency workers, contractors, volunteers, and anyone representing the organisation in any capacity to raise concerns internally, including at a senior level, where they believe wrongdoing, malpractice or impropriety has occurred. Concerns may relate, for example, to unsafe practices, financial misconduct, breaches of law, or serious concerns about behaviour. It covers matters in the public interest, which may be investigated separately at first but may then lead to other procedures.

Certain disclosures are prescribed by law as “qualifying disclosures.” A “qualifying disclosure” means a disclosure of information that the individual making the allegation believes is genuinely and reasonably in the public interest and shows that CCS has committed a “relevant failure” by:

committing a criminal offence
failing to comply with a legal obligation
a miscarriage of justice
endangering the health and safety of an individual
sexual harassment (unwanted conduct of a sexual nature, as defined in the Equality Act 2010)
environmental damage
concealing any information relating to the above.

These acts can be in the past, present or future, e.g. a disclosure qualifies if it relates to environmental damage that has happened, is happening, or is likely to happen. We will take any concerns that are raised relating to the above matters very seriously.

The Employment Rights Act 1996 provides protection for workers who “blow the whistle”, where they reasonably believe that some form of illegality, injustice or breach of health and safety has occurred or is likely to occur. The disclosure must be “in the public interest.”

Definition

Whistleblowing is the name given to the act of the disclosure of information to the employer or the relevant authority by an individual who knows, or suspects, that CCS is responsible for, or has taken part in, some wrongdoing.

Those making qualifying disclosures are protected against dismissal or detriment by The Public Interest Disclosure Act 1998.

Safeguards

Protection

This policy is designed to offer protection to those individuals who disclose such concerns provided the disclosure is made:

in good faith
in the reasonable belief that the disclosure shows wrongdoing, malpractice or impropriety and is made to an appropriate person (see below).

No individual will suffer detriment for raising a concern in good faith, even if it is not substantiated following investigation. No protection is available to those who do not use this procedure. Malicious or unsubstantiated allegations may result in disciplinary action and, in extreme cases, legal action by those complained about.

Confidentiality

CCS will handle disclosures confidentially and sensitively and will keep the individual’s identity confidential where possible. However, confidentiality may be limited where it would hinder an investigation, and the individual may be required to provide a statement as part of the evidence. Where this is the case, it will be discussed with the individual in advance.

Anonymous Allegations

Individuals are encouraged to identify themselves when making a disclosure. However, concerns raised anonymously will still be considered seriously, although this may limit our ability to investigate fully or provide feedback. When deciding whether to consider an anonymous disclosure, we will take into account:

The seriousness of the issues raised
The credibility of the concern
The likelihood of confirming the allegation from attributable sources.

Untrue Allegations

No action will be taken against an individual who raises a concern in good faith that is not substantiated following investigation. Individuals must exercise due care to ensure the accuracy of the information disclosed. Making unfounded or malicious claims, especially after an investigation disproves them, can lead to discipline.

Procedure

In the first instance, you should report any concerns you may have to your line manager. Where the concern relates to your line manager or it is not appropriate to make the report to your line manager, you should report your concerns to a Director or a senior member of the People team. Concerns may also be raised through a confidential route where preferred. All concerns reported will be treated in the utmost confidence.

You will normally receive acknowledgement of your concern within a reasonable timeframe, and we will aim to keep you informed of progress where appropriate.

The concern should be taken direct to the appropriate organisation or regulatory body with authority for that area where relevant. If there is evidence of criminal activity, then the investigating officer should inform the police. CCS will ensure that any internal investigation does not hinder a formal police investigation.

Following receipt of a disclosure made under this policy, an investigation meeting will be held. The purpose of this meeting would be to gather as much information as possible regarding the concerns, including whether there is any supporting evidence and any witnesses.

After this meeting, the investigating manager will commence a full investigation into the concerns raised. The investigation will aim to gather all relevant information, including relevant documentary evidence and/or witness statements.

Once the investigation is complete, the investigation manager will write to the complainant to confirm the outcome.

Feedback will be provided where possible, though there may be limits on the detail shared for confidentiality reasons. If the complainant is not satisfied with the explanation or outcome, they may raise the matter in confidence with a member of the Senior Leadership Team or the appropriate official organisation or regulatory body.

Formal action

Should formal action be required because of any disclosure made under this policy, this action will be carried out in accordance with the applicable internal policy. Any potential sanctions imposed will be fair and reasonable in line with the relevant policy.

PROTECTION AGAINST DETRIMENTAL TREATMENT

Everyone who raises matters of concern under this policy are protected against detrimental treatment, up to and including dismissal, because they have made a disclosure.

Bullying, harassment or any other detrimental treatment afforded to a colleague who has made a qualifying disclosure is unacceptable. Anyone found to have acted in such a manner will be subject to disciplinary action.

We also recognise the potential emotional impact of raising concerns and will ensure appropriate support is available throughout the process.