Employee disclosure policy

Northern Foods is committed to the highest standards of openness and accountability. We believe that trust and integrity are of vital importance in our business.

The following policy supports our wish to give you the opportunity to disclose any issues of concern you may have about possible malpractice or wrongdoings by the Company or any of its employees, without fear of reprisal.

Introduction

The Public Interest Disclosure Act 1998 gives you employment protection should you make a disclosure about possible wrong doings or malpractice by Northern Foods (“the Company”) or any of its employees or agency workers.  This is commonly known as “whistleblowing”.

You are encouraged to report possible wrongdoings, where you have a genuine concern, for example if you believe that the Company has behaved fraudulently or illegally or has done something wrong.  However, if you make a disclosure without there being any real grounds and in a malicious or mischievous way, you may be subject to the Company’s disciplinary procedure. 

This policy set out examples of wrongdoing and the reporting procedure you are expected to follow.  It does not replace existing grievance, disciplinary or other consultation procedures. 

1.  What is a “Disclosure”?

i)  Examples of the sorts of wrongdoings that would be appropriately dealt with using this policy are as follows:

DISCLOSURE	EXAMPLE
Criminal Offences	Such as stealing, acts of violence, corruption, bribery, blackmail, financial wrongdoing/misconduct
Failure to comply with a legal obligation	Such as being forced to work excessively long hours without any breaks, not working within any collective bargaining agreement we may have at your site, fixing prices with competitors, rigging the bidding process and colluding with our competitors in any tender process, the operation of a cartel
Miscarriages of justice	Such as dismissing an employee because they have supported another employee in a grievance meeting
Endangering the health and safety of any individual	Such as not following site health and safety procedures
Endangering the environment	Such as the disposal of detergents/waste material down normal drains
The cover up or hiding of any of the above

ii)  This policy does not cover the following wrongdoings because we already have existing procedures in place which can deal with these sorts of issues:

• Complaints or disputes about terms and conditions of employment or working conditions. These should be dealt with through the Company Grievance Procedure.
• Complaints relating to potential discrimination should be dealt with through the Company’s Grievance Procedure.
• Complaints involving an allegation of harassment or bullying, should be dealt with through the Company’s Harassment and Bullying and Grievance Procedure.
• Complaints involving the termination of your employment with the Company, should be dealt with through the Company’s Grievance Procedure.

2. Who is covered by this policy?

This policy applies to all permanent employees, temporary employees and agency workers within the Company. 

3. What does employment protection mean?

Anyone who discloses a potential wrongdoing in the genuine belief that unprofessional conduct or wrongdoings have occurred or are about to occur, to the appropriate person as detailed below will be protected from being treated differently and/or being dismissed by the Company because they have made the disclosure.
 
Having made a disclosure under this policy, if you suffer less favourable treatment than any other employee or agency worker, then the employee treating you inappropriately may be subject to disciplinary action. 

4. Confidentiality

The Company will treat all disclosures in a sensitive manner. Wherever possible the fact that you have approached the HR Department will remain confidential; however, if the matter is one that the HR Department must report due to its seriousness or if there is a risk to others, they will inform you that they have no choice but to take such action as is appropriate.

5. Anonymous allegations

You are encouraged to make any disclosures openly.  You have the right to remain anonymous unless withholding your name affects the credibility of the disclosure and the investigation.

6. Trade Unions

This policy is not intended to stop any matters of concern being raised by recognised Trade Unions through the agreed joint consultation procedures (or Works Council).

7. How to make a disclosure

The Company aims to ensure that all issues raised under this policy are dealt with speedily and effectively.  To achieve this, issues should be raised with the people most able to deal with them. 

If you make a disclosure, you will be given reasonable time to seek advice prior to any meeting which forms part of the procedure.  At all meetings you will be entitled to be accompanied by a work colleague employed by the Company or (where applicable) trade union representative of your choice.

i)  Raising issues within Business Units/Head Office functions

Level 1

Concerns about wrongdoing should wherever possible be raised and resolved with your Line Manager.  Should the matter not be resolved satisfactorily by this means, then you should refer it to Level 2.

Where a disclosure relates to your immediate manager, or where you believe that the matter is so serious or important to warrant it, you should make the initial disclosure at Level 2.

Level 2

Where the matter has not been resolved at Level 1, or where it is deemed inappropriate for the matter to be raised at Level 1, you should raise it in writing with your site’s HR Manager. 

The HR Manager will determine whether the matter is one that falls within the scope of this policy or would be better dealt with by another procedure such as the Company Grievance Procedure. If it is appropriate to deal with the matter under this policy, the HR Manager will inform the site General Manager (or where required another appropriate person) who will investigate the disclosure.

If, as a result of the investigation, there is evidence of wrongdoing or malpractice, the General Manager (or where required another appropriate person) will be responsible for taking appropriate action to remedy the situation. If your complaint is not resolved to your satisfaction, you should refer it to Level 3.  All matters will be dealt with as speedily as possible and certainly within 15 days.

Level 3

Where the matter has not been resolved at Level 2, you should raise the complaint in writing with your Business Unit HR Director or, for those individuals within the Head Office functions, with the Group HR Director.  The HR Director will determine whether the matter is one that falls within the scope of this policy or is better dealt with by another procedure such as the Company Grievance Procedure. If it is appropriate to deal with the matter under this policy, the HR Director will inform the Business Unit Managing Director (or equivalent within the Head Office functions) who will be responsible for fully investigating the matter.

The Business Unit Managing Director (or other appropriate person) will consider all the information.

If he/she believes there is evidence of wrongdoing or malpractice, he/she will be responsible for taking appropriate action to remedy the situation.

ii)  Investigating complaints

Investigations to establish all relevant facts will be conducted as sensitively and quickly as possible. Wherever possible, investigations will not be carried out by any person who has had previous involvement in the matter concerned.

In some instances the Company may feel it necessary to refer the matter to an external authority for further investigation, such as the Police or the Health and Safety Executive.

The person or persons against whom a complaint is made will be informed and will be given any evidence supporting the complaint. They will be allowed to comment before any action is taken. Where it is appropriate and necessary, that person or those people will be suspended on full pay pending further investigations.

The outcome of any investigation will be communicated to you provided you agree to keep this confidential.

iii)  Raising issues directly with Northern Foods plc

It is anticipated that in normal circumstances most issues will be resolved by the Business Unit Management (or other team as appropriate).  If you believe at any stage that the complaint cannot be dealt with adequately or appropriately within your Business Unit because of the nature of the complaint, it may be directed in writing to the Group HR Director.

iv)  Raising issues externally

You have the right to make your concerns known to an external regulatory or independent organisation if you feel that the matter has not been resolved appropriately internally, but you are always encouraged to raise the matter internally first.

v)  Raising issues about a non-Northern Foods company or employee

If you reasonably believe that your concern relates to a company other than this Company (or an employee of another company), then you should make your disclosure direct to the other company.

8. Further support

If you want to raise an issue but are uncertain as to how you should proceed you may approach any member of the HR function who will seek to advise you.

9. Monitoring

The effectiveness of this policy will be monitored by internal audit and a report will be provided to the audit committee, a committee of the company board.  The Business Unit HR Director or appropriate person will provide a summary of:

• any disclosures made using this process
• how the disclosures were dealt with and within what timescales
• the outcome of the investigation.