Whistleblowerpolicy (engelska)

We believe we have a duty to take appropriate measures to identify such situations and attempt to remedy them. By encouraging a culture of openness and accountability within the organisation, we believe that we can help prevent such situations occurring. We expect all staff to maintain high standards in accordance with our code of conduct themselves but also to report any malpractice that falls short of these fundamental principles.  The aim of this policy is to ensure that our workers are confident that they can raise any matters of genuine concern without fear of negative reaction, in the knowledge that they will be taken seriously and that the matters will be investigated appropriately on a confidential basis.

The Policy

The aim of the policy is to provide a procedure under which individuals, who have reasonable grounds to believe that an incident of work place malpractice is occurring or is likely to occur within MTG, are able to raise their concerns. The policy applies to MTG’s employees; agency workers, contractors and self employed home workers.

Definition of malpractice

For the purposes of this Whistleblowers Policy, MTG considers the following matters to constitute malpractice:

• a criminal offence has been committed, is being committed, or is likely to be committed; or
• a person has failed, is failing, or is likely to fail to comply with their legal obligations; or
• a miscarriage of justice has occurred, is occurring, or is likely to occur; or
• the health and safety of any individual has been, is being, or is likely to be endangered; or
• the environment has been, is being or is likely to be damaged; or
• there has been any manipulation of financial data or accounting records; or
• any of the above are being, or are likely to be, deliberately concealed.

The Policy does not cover general concerns about poor or unfair management, inefficient systems or other operational feedback. Employees wishing to raise issues relating to these areas should do so either by contacting their manager or if they believe it is appropriate to the HR department.

Protected disclosure

MTG is committed to ensure that any incident of work place malpractice is prevented wherever possible, and immediately dealt with, should they arise.  Employees are often the first to realise that something is wrong in the work place but they may feel that they cannot express their concerns because to do so would be disloyal to their colleagues or to MTG or could result in them being subjected to harassment or victimisation.

Provided concerns are raised in good faith and not out of malice or with a view to personal gain and there are reasonable grounds for believing the concerns to be true and the employee has complied in full with the spirit of the policy and procedural steps set out herein, the following will apply:

• So far as possible the employee’s identity will not be disclosed at any time by MTG unless necessary for the purposes of its investigations or to comply with a legal obligation.
• The employee will not be subjected to any harassment, victimisation or disciplinary action by MTG as a result of raising the concern.
• So far as possible any supporting evidence relating to employee concerns will be kept secure at all times.

Any abuse of this policy, by raising deliberately false, unfounded or malicious allegations will mean that the employee loses the protection provided under this policy and may result in disciplinary action, possibly including dismissal.

Procedure

How should a disclosure be made?

An employee can raise concerns with their Departmental Manager who will usually be in the best position to help. We recognise that there may be circumstances where an employee feels unable to approach a Departmental Manager and in these circumstances they should raise the concern direct with their Personnel Department, MTG’s Chief Financial Officer, Company Secretary, Head of Administration or Head of Internal Audit.

An employee can raise concerns orally or in writing but must state that they are using the Whistleblowers Policy and specify whether they wish their identity to be kept confidential. The Departmental Manager, the Personnel Department, MTG’s Chief Financial Officer, Company Secretary, Head of Administration or Head of Internal Audit will ask the employee to formalise their concerns in writing either before or after the first meeting. They will acknowledge receipt of the formal written disclosure and keep a record of further action taken.

Escalation

If an employee is dissatisfied with the action taken in respect of their concerns or for some reason feels totally unable to approach the Personnel Department, Departmental Manager, or MTG’s Chief Financial Officer, Company Secretary, Head of Administration or Head of Internal Audit they should raise their concerns in writing with the President, Hans-Holger Albrecht, or the Chairman of the Audit Committe, Simon Duffy.

Investigation of Disclosure

MTG is committed to investigating disclosures fully, fairly, quickly and confidentially where circumstances permit. The length and scope of the investigation will depend on the subject matter of the disclosure. In most instances, an initial assessment of the disclosure will be carried out to determine whether there are grounds for a more detailed investigation to take place or whether the disclosure is, for example, based on erroneous information.

The person responsible for hearing the concerns may arrange a meeting.  The employee may be required to set out concerns in writing in advance of the meeting.  These concerns will then be discussed in full at the meeting and the person hearing the complaint will decide if any further action needs to be taken and, if so, what the appropriate action will be. This may include requiring the employee to attend a further meeting with a higher level of management or asking them to provide any further evidence, which is considered necessary.  The employee will, unless circumstances do not permit it, be told what action MTG has decided to take and must treat any such information with the strictest confidence

Confidentiality

We recognise that disclosures made under this policy may involve highly confidential and sensitive matters and that an employee may prefer to make an anonymous disclosure. However, we regret that we cannot guarantee to investigate all anonymous allegations. Proper investigation may prove impossible if the investigator cannot obtain further information, give feedback, or ascertain whether the disclosure was made in good faith. It is preferable for whistleblowers to reveal their identity and measures can be taken to preserve confidentiality if appropriate.

The Company’s Response

If the concern raised is found to be valid then MTG may decide that one or more of the following steps, (which is a non-exhaustive list) is appropriate:

• referral of the matter to the Chairman of MTG’s Audit Committee
• referral of the matter to MTG’s Board of Directors;
• referral of the matter to the appropriate external regulatory body; and/or
• referral of the matter to the police.

As stated above, the employee will wherever possible be informed of the steps taken but is required to keep this information strictly confidential.

External disclosure

If, after having followed the procedural steps set out above, the employee remains genuinely and reasonably dissatisfied with the outcome, they may raise their concern, on a confidential basis, with an appropriate regulatory authority. However you must inform the President at least seven days before taking such action.

This policy is for guidance only and does not form part of any contract of employment