Policy Statement 

Bright Brains Global takes allegations of wrongdoing, or malpractice (in any form) very seriously and therefore seeks to ensure that employees, acting in good faith, who genuinely believe that wrongdoing is evident, are able to disclose the information without fear of detriment or victimization, and in confidence. All employees are encouraged to be open about their concerns, and to express them at the earliest opportunity.

Definition

Whistleblowing is the act of drawing public attention, or the attention of an authority figure, to perceived wrongdoing, misconduct, unethical activity.

Purpose

To educate staff and management and reinforces the standards expected in Bright Brains Global Ltd.

Procedure

There are six situations contemplated by the legislation on Whistleblowing.

(i) Internal Disclosure – The recommended route

Bright Brains Global requests that unless circumstances dictate that it would be unreasonable to do so, all disclosures are made internally, in the first instance.

The disclosure may be made orally, or in writing, and should be made either to the employee’s Manager, or Supervisor (see note below). When making a disclosure it is important that as much information as possible is given so that the reasons for concern are apparent, and that further investigation may be made.

• All disclosures will be treated in the strictest confidence;
• Anonymous disclosures will be disregarded;
• No employee acting in good faith will suffer any detriment as a result of making a general disclosure about something of real concern to them.

 The person to whom the disclosure is made must take reasonable steps to: –

• establish that the disclosure is made in good faith;
• investigate the details of the allegations to establish whether or not they are substantially true;
• if necessary and appropriate, refer the matter to the relevant authority, e.g., the Police, external auditors, Health & Safety Executive;
• report back to the person who made the initial allegation so that they are aware of the action being taken;
• inform the reporter of the outcome of the investigation.

Note

In certain circumstances the employee may feel that disclosure to his/her supervisor and/or Manager may not be appropriate, as it is possible that either or both may be directly involved in or related to the disclosure.

In such circumstances the employee is authorised to disregard the normal reporting structure and go to the level of management they believe is appropriate, having regard to all of the circumstances.

(ii) Making a qualifying disclosure to a prescribed person

Although Bright Brains Global requests that disclosures are made internally, employees who are concerned about wrongdoing or failures can make disclosures to a person or body which has been prescribed by the Secretary of State for the purpose of receiving disclosures about the matters concerned. If an employee makes a qualifying disclosure to such persons, it will be a protected disclosure provided the employee: –

• makes the disclosure in good faith;
• reasonably believes that the information, and any allegation it contains, are substantially true;
• and reasonably believes that the matter falls within the description of matters for which the person or body has been prescribed.

(For example, breaches of health and safety regulations can be brought to the attention of the Health and Safety Executive or appropriate local authority, or environmental dangers can be notified to the Environment Company.) 

(iii) Making a qualifying disclosure to a legal adviser

A qualifying disclosure will be a protected disclosure if it is made to a legal adviser in the course of obtaining legal advice. There are no further conditions attached.

(iv) Making a qualifying disclosure to a Minister

A qualifying disclosure made in good faith by an employee, employed in a Government-appointed organisation, such as a non-departmental public body, will be a protected disclosure if made to a Government Minister (either directly or via departmental officials).

(v) Making a qualifying disclosure more generally (i.e. to a person not mentioned above).

A qualifying disclosure will be a protected disclosure if the following conditions are met: Firstly, the employee must: –

• make the disclosure in good faith;
• reasonably believe that the information, and any allegation contained in it, are substantially true; and
• not act for personal gain.

In addition, one or more of the following conditions must be met:

• the employee reasonably believed that he would be subjected to a detriment by his employer if disclosure were to be made to the employer or to a prescribed person;

• in the absence of an appropriate prescribed person, the employee reasonably believed that disclosure to the employer would result in the destruction or concealment of information about the wrongdoing;
• the employee had previously disclosed substantially the same information to his employer or to a prescribed person.

• Finally, it must be reasonable for the employee to make the disclosure and to the person chosen.

(vi) Making a qualifying disclosure about an exceptionally serious failure

A qualifying disclosure made about a relevant failure which is exceptionally serious will be a protected disclosure if the employee: –

• makes the disclosure in good faith;
• reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and
• does not act for personal gain.

Also, it must be reasonable for the employee to make the disclosure in view of all the circumstances, having regard in particular to the identity of the person to whom the disclosure is made.

Review and Improvement

This Policy will be amended from time to time to ensure it remains up-to-date. 

Policy was last updated on 01/12/2021