Whistleblowing Policy

Reviewed: Jan 2023

Introduction:

British Esports Federation and its associated companies are committed to the highest standards of openness, integrity and accountability. This policy applies to all employees, workers and officers of the organisation and other individuals performing functions in relation to the organisation, such as agency workers, contractors, volunteers, consultants and subcontractors are encouraged to use it. For ease of reference all of these are referred to as ‘workers’ in this policy.

An important aspect of accountability and openness is a mechanism to enable workers to voice concerns in a responsible and effective manner. It is a fundamental term of every contract of employment that an employee will faithfully serve its employer and not disclose confidential information about the employer’s affairs. Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this information should be disclosed internally without fear of reprisal, and there should be arrangements to enable this to be done independently of line management (although in relatively minor instances the line manager would be the appropriate person to be told).

The Public Interest Disclosure Act, which came into effect in 1999, gives legal protection to employees against being dismissed or penalised by their employers as a result of publicly disclosing certain serious concerns. The Company has endorsed the provisions set out below so as to ensure that no workers should feel at a disadvantage in raising legitimate concerns.

It should be emphasised that this policy is intended to assist individuals who believe they have discovered malpractice or impropriety. It is not designed to question financial, or business decisions taken by the Company nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary or other procedures. Once the “whistleblowing” procedures are in place, it is reasonable to expect workers to use them rather than air their complaints outside the Company.

Scope of Policy:

The law provides protection for workers who raise legitimate concerns about specified matters. These are called “qualifying disclosures”. A qualifying disclosure is one made in the public interest by a worker who has a reasonable belief that:

a criminal offence;
a miscarriage of justice;
an act creating risk to health and safety;
an act causing damage to the environment;
a breach of any other legal obligation; or
concealment of any of the above

is being, has been, or is likely to be, committed. It is not necessary for the worker to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. The worker has no responsibility for investigating the matter – it is the organisation’s responsibility to ensure that an investigation takes place.

A worker who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.

The organisation encourages workers to raise their concerns under this procedure in the first instance. If a worker is not sure whether or not to raise a concern, they should discuss the issue with their line manager or the HR department.

Principles:

Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Workers should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.
Any matter raised under this procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the worker who raised the issue.
No worker will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the worker will not be prejudiced because they have raised a legitimate concern.
Victimisation of a worker for raising a qualified disclosure will be a disciplinary offence.
If misconduct is discovered as a result of any investigation under this procedure the organisation’s disciplinary procedure will be used, in addition to any appropriate external measures.
Maliciously or knowingly 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, workers should not agree to remain silent. They should report the matter in accordance with this policy.

This procedure is for disclosures about matters other than a breach of an employee’s own contract of employment. If an employee is concerned that their own contract has been, or is likely to be, broken, they should use the organisation’s grievance procedure.

Safeguards:

i. Protection:

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

in good faith
in the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety and if they make the disclosure to an appropriate person. It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case malicious or false allegations could give rise to legal action on the part of the persons complained about.

ii. Confidentiality:

The Company will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.

iii. Anonymous Allegations:

This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of the Company.

In exercising this discretion, the factors to be taken into account will include:

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

iv. Untrue Allegations:

If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.

Procedures for Making a Disclosure:

On receipt of a complaint of malpractice, the individual who receives and takes note of the complaint, must pass this information as soon as is reasonably possible, to the appropriate designated investigating officer as follows:

Complaints of malpractice will be investigated by the appropriate Director unless the complaint is against the Director or is in any way related to the actions of the Director. In such cases, the complaint should be passed to the Chief Executive for referral.
In the case of a complaint, which is any way connected with but not against the Director, the Chief Executive will nominate a Senior Manager to act as the alternative investigating officer.
Complaints against the Chief Executive should be passed to the Chairman who will nominate an appropriate investigating officer.
The complainant has the right to bypass the line management structure and take their complaint direct to the Chairman. The Chairman has the right to refer the complaint back to management if he/she feels that the management without any conflict of interest can more appropriately investigate the complaint.

Should none of the above routes be suitable, then the complainant may approach the Human Resources Department which has been designated and trained as independent point of contact under this procedure. The HR department can advise the complainant on the implications of the legislation and the possible internal and external avenues of complaint open to them.

If there is evidence of criminal activity the investigating officer should inform the appropriate government department or regulatory agency. If disciplinary action is required, the line manager (or the person who carried out the investigation) will report the matter to the HR department and start the disciplinary procedure. The Company will ensure that any internal investigation or disciplinary procedure does not hinder a formal police investigation.

Legislation sets out a number of bodies to which qualifying disclosures may be made. These include:

HM Revenue & Customs;
the Financial Conduct Authority (formerly the Financial Services Authority);
the Competition and Markets Authority;
the Health and Safety Executive;
the Environment Agency;
the Independent Office for Police Conduct; and
the Serious Fraud Office.

Timescales:

Due to the varied nature of these sorts of complaints, which may involve internal investigators and

/ or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.

The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.

All responses to the complainant should be in writing and sent to their home address.

Investigating Procedure:

The investigating officer should follow these steps:

Full details and clarifications of the complaint should be obtained.
The investigating officer should inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a trade union or other representative at any future interview or hearing held under the provision of these procedures.
The investigating officer should consider the involvement of the Company auditors and the police at this stage and should consult with the Chairman/Chief Executive – following the investigation, the company may at its discretion decide to conclude internal disciplinary proceedings prior to reporting to the police.
The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals/bodies.
A judgment concerning the complaint and validity of the complaint will be made by the investigating officer. This judgment will be detailed in a written report containing the findings of the investigations and reasons for the judgment. The report will be passed to the Chief Executive or Chairman as appropriate.
The Chief Executive/Chairman will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Company procedures.
The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome.
If appropriate, a copy of the outcomes will be passed to the Company Auditors to enable a review of the procedures.

If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with the Chief Executive/Chairman, or the designated persons described above.

If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, the Company recognises the lawful rights of employees and ex-employees to make disclosures to prescribed persons (such as the Health and Safety Executive, the Audit Commission, or the utility regulators), or, where justified, elsewhere.