The Importance of a Trustworthy Whistleblowing Policy
A whistleblowing review at the Financial Conduct Authority revealed criticisms of the Whistleblowing Policy, contributing to further censure about the company’s treatment of whistleblowers.
The FCA has been under scrutiny since a former employee’s public allegation in August 2024 that Ashley Alder, the chair of the FCA, breached confidentiality in handling a whistleblowing communication. The whistleblower told the Financial Times they were “stunned” about the breach and accused the FCA of “incompetence and incapability”.
After the first allegation, a second former employee came forward with a similar complaint, attracting further media interest. Richard Lloyd, the senior independent director of the FCA’s board, recently concluded an internal review of these two whistleblowing cases. He found that Alder “did not follow our existing policy” in these cases, identified shortcomings, and provided recommendations to strengthen the policy. A company announcement followed which confirmed the policy will be updated.
During the FCA’s annual public meeting, Alder appeared critical of the existing policy, sharing his view that “if a policy sets expectations, even though that policy is impractical, we would obviously regret that those expectations were not met”.
Georgina Halford-Hall, Chief Executive of WhistleblowersUK, expressed disapproval, saying the case ‘demonstrates that the FCA hasn’t got its own house in order and therefore it casts serious doubt over whether it’s able to lead and deliver its duties’.
The negative media coverage is a reminder that the quality of a company’s Whistleblowing Policy is critical. A robust policy can encourage open communication, ensure compliance, and safeguard a company’s future. A weak policy undermines trust and can lead to more harm than good.
Conclusion
Integrity, trust, and ethical behaviour are crucial in today’s business environment. A successful Whistleblowing Policy helps to protect employees and their employers. However, relying on inadequate policies can result in serious consequences, including major reputational damage.
Bright Contracts clients have access to over one hundred carefully reviewed employment policies and additional resources, including a clear and comprehensive Whistleblowing Policy.
Highlights of the CIPD Festival of Work
The 2024 CIPD Festival of Work was a landmark achievement for HR professional development, with over 11,000 attendees gaining access to more than 150 content sessions, 60 festival activities, and 180 exhibitors of leading products and services.
Keynote Speeches
The festival opened with Dr Daniel Hulme’s keynote speech, ‘Rethinking AI and impact on Business and Humanity’. Dr Hulme inspired attendees by generously sharing ideas for how HR practitioners could use Artificial Intelligence, including: data visualisation, chatbots, employee avatars, video generation, and network analysis.
Stacey Dooley MBE presented the next keynote, with the topic of breaking barriers and igniting change in media, mind, and society. The compelling speech was warmly received by attendees, with highlights including an amusing anecdote about her experience meeting David Dimbleby, and sincere reflections on her gratitude for the many learning experiences she accesses through her work. Attendees were moved by her explanation of the difficulties and disillusionment she experienced with education as a teenager, and her genuine appreciation for the lifelong learning opportunities offered through her career. The Learning and Development Stage offered attendees a wealth of professional development content, with topics including: lifelong learning, strategic skills development, and navigating the future landscape of learning initiatives.
The final keynote was presented by Alex Mahon, Chief Executive of Channel 4. This insightful speech explored leadership, culture, and key principles for Equity, Diversity and Inclusion. Attendees engaged with her exploration of authenticity, resilience in response to challenges, and her passion for fostering an open and honest organisational culture. The Festival provided further opportunities for reflection on the importance of EDI with a plethora of interesting presentations and panel discussions on topics including: neurodiversity, psychological safety, advocacy, and diverse leadership.
Takeaways for Employers
It’s an exciting time for professional development with a vast amount of guidance and learning opportunities, but many people are likely to feel apprehensive about the volume of work involved in keeping up with the increased compliance requirements and recommendations for best practices.
Bright Contracts clients have access to over one hundred carefully reviewed employment policies and additional resources, including new content for 2024 on Flexible Working, Carer’s Leave, Paternity Leave, and Absence Management.
Pilot Testing the Four-day Working Week
For many years campaigners have been promoting the idea of a shorter working week. Nicola Sturgeon, ahead of Scottish Election in 2021, proposed a £10 million fund to allow companies to pilot and explore the benefits of a four- day working week. It was criticised that the standard 9-5 five day working week was outdated. In a recent poll it was reported that 64% of Britons would support the introduction of a four-day working week with no reduction in their pay. There is no doubt that the pandemic has influenced changes to the workplace with a lot of employers adopting the hybrid working method. The six-month pilot programme will start in the UK in June 2022. It will be conducted by a pressure group, 4 Day Week Campaign. There is hope that the four-day working week will replace the traditional 9-5. However, there are a few considerations to this implementation such as the changing of contracts, dealing with holiday entitlement and change in pay and productivity.
Changing Contracts
Once a contract is made the employer cannot make any changes without the consent from the employee. In this case changing the terms of an employment contract will need approval from the employee.
Holiday Entitlement
Legally employees are entitled to 5.6 weeks paid holiday a year (28 days inclusive of band holidays for employees working a five-day week). For someone who works four-days a week would be entitled to 22.4 days a year (inclusive of bank holidays). It is suggested that if the four-day working week was to become permanent the holiday allowances would have to reduce in line with the overall reduction in working hours. Those who worked a five-day week would result in a 20% reduction in holiday allowance.
Change in pay and productivity
The four-day working week comes with fear that employees will have to work longer hours each day to compensate for the missing day. Employees also fear that it will lead to a loss in pay for working four days instead of five. However, the Campaign calls for no reduction in the employees pay.
Furthermore, some employers who were resistant to the pilot had a concern of a decrease in levels of output leading to affects in the organisations profit. Iceland has been leading this campaign since 2015. The trials were a success, and it was found that participants maintained the same level of performance and productivity.
All in all, the campaign is advocating no reduction in the pay of employees who want to reduce their working days. It is up to employers whether they want to permanently adopt a four-day working week, there will be no change to the law to reflect this.
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The Budget 2021: NLW & NMW
The Chancellor of the Exchequer announced new National Living Wage (NLW) and National Minimum Wage (NMW) details in line with those recommended by The Low Pay Commission (LPC) and these new rates will take effect from 1st April 2022.
The National Living Wage is for those aged 23 and over and the National Minimum Wage is for those of at least school leaving age.
The National Living Wage, the statutory minimum for workers aged 23 and over, will increase by 6.6% to £9.50 per hour.
An employee's age and if they are an apprentice will determine the rate they will receive. These rates can be viewed below:
Returning To The Office: Top 10 Things Employers Need to Know - Part 2
Following on from our previous blog post 'Returning To The Office: Top 10 Things Employers Need to Know - Part 1' the below are the last 5 things and employer needs to know in preparation or the return of employees to the office.
6. Cleaning & Hygiene
Consider how you will keep the office clean which will include surface cleaning and maintaining good hygiene practices. For example, this may include:
- Implementing a 'clear desk' policy
- Asking staff to wipe down their desk after use
- Asking staff to use hand sanitiser regularly
- Encouraging good hand and respiratory hygiene
7. Ventilation
Your risk assessment might identify that it is appropriate to open more windows and doors than usual, and it may also be appropriate to consider improvements to mechanical ventilation / air conditioning. The HSE provides further guidance on this.
If you are opening windows and doors ensure you take into consideration fire safety, and the potential impact on the confidentiality of sensitive conversations.
8. Guidance for those who develop COVID-19 symptoms or are identified as a close contact
You will need to ensure that staff are clear on the process should they develop COVID-19 symptoms in office or otherwise, and also if they are identified as a close contact.
9. Commuting
As part of your risk assessment, you should consider the risks posed by COVID-19 throughout all aspects of your business activity – this will include your employees' commute.
10. Other issues
Ensure you bear in mind other health and safety issues, for example fire safety and manual handling, and how you can manage these within a COVID-19 context. Depending on the measures you take, you will also need to consider whether additional protections are needed for those more vulnerable to COVID-19 due to medical conditions or pregnancy.
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- Returning To The Office: Top 10 Things Employers Need to Know - Part 1
Returning To The Office: Top 10 Things Employers Need to Know - Part 1
With the continued relaxation of COVID-19 restrictions across the UK, employers are finally on course for returning their employees to the office in some shape or form. Although restrictions are easing employers must still ensure they are adhering to the relevant government guidance in terms of re-opening and the attendance of employees in the workplace. Returning employees to the workplace will be based on the completion of COVID-19 risk assessments. Once employers have identified risks they must implement control measures to remove or control those risks. These risks and control measures will determine an employers approach on a range of issues which we've covered examples of below.
1. Social Distancing
While it is not currently a legal requirement for employers to ensure social distancing on their premises, the government encourages this. Social distancing can be considered an appropriate control measure in light of your COVID-19 risk assessment as employers may want to think about:
- Implementing a one-way system in the office
- Limiting numbers in the office
- Staggering staff start and finish times
- Reconfiguring desks, using protective screens and a desk booking system
- Limiting the number of people in certain areas e.g. canteens, toilets, meeting rooms and lifts
2. Vaccination
Currently vaccinations are only mandatory for registered care home works. Making vaccination compulsory in your business could lead to potential difficulties, including potential discrimination issues. Businesses however may wish to have their employees disclose their vaccination status prior to returning to the office in order to consider additional health and safety measures to protect your workforce. However, it is important to note that this raises data protection issues, and whether it is justified will depend on individual circumstances.
3. Testing
In line with government guidance, employers should encourage their staff to self-test regularly for COVID-19 to ensure their safety.
4. Office Equipment
As part of your control measures, will any restrictions be applied or alternative measures put in place for office equipment such as photocopiers, fridges, microwaves, water coolers or communal cutlery / crockery?
5. Face coverings
Employers must ensure they are aware of where the legal requirement to wear face coverings still exists - In Scotland it isstill a legal requirement to wear face coverings in the workplace in certain situations whereas in England and Wales, it is not currently a legal requirement to wear face coverings in the workplace. It is important to note that although face coverings are no longer required, the government's guidance encourages mask wearing therefore you may consider it an appropriate control measure in light of your COVID-19 risk assessment.
Check back next week for 'Returning To The Office: Top 10 Things Employers Need to Know - Part 2' which will list the final 5 things employers must know in relation to returning to the office.
