Whistleblowing Policy Template Uk

WHISTLEBLOWING POLICY AND PROCEDURE AGREEMENT

THIS WHISTLEBLOWING POLICY AND PROCEDURE AGREEMENT (the "Agreement") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date") by and between:

[Company Name], a company incorporated under the laws of [Jurisdiction], with its registered office at [Company Address] (the "Company"); and

[Employee/Contractor Name], residing at [Individual Address] (the "Recipient").

RECITALS

WHEREAS, the Company is committed to the highest standards of openness, probity, and accountability; WHEREAS, the Company recognizes its obligations under the Public Interest Disclosure Act 1998 (PIDA) and the Employment Rights Act 1996; WHEREAS, the Recipient acknowledges the requirement to maintain the integrity of the Company’s operations and wishes to be bound by the protocols herein regarding the disclosure of malpractice.

1. OPERATIONAL DEFINITIONS

1.1. "Disclosable Matter" means any information that, in the reasonable belief of the Recipient, tends to show that one or more of the following has occurred, is occurring, or is likely to occur: (i) a criminal offence; (ii) a breach of any legal obligation; (iii) a miscarriage of justice; (iv) a danger to the health and safety of any individual; (v) damage to the environment; or (vi) the deliberate concealment of information tending to show any of the above. 1.2. "Protected Disclosure" means a disclosure of a Disclosable Matter made in good faith in accordance with the procedures set forth in this Agreement. 1.3. "Whistleblowing Officer" means the individual appointed by the Company (currently [Name/Title]) to receive and investigate reports. 1.4. "Detriment" includes, but is not limited to, disciplinary action, dismissal, demotion, harassment, or any unfavourable treatment resulting from the Recipient making a Protected Disclosure.

2. SUBSTANTIVE TERMS & OBLIGATIONS

2.1. Right to Disclose: The Recipient has the right to report any Disclosable Matter without fear of Detriment, provided the disclosure is made in good faith and the Recipient reasonably believes the information is substantially true. 2.2. Reporting Procedure: All disclosures must be submitted in writing to the Whistleblowing Officer. If the disclosure concerns the Whistleblowing Officer, the Recipient shall report to [Alternative Contact/Board Member]. 2.3. Company Obligations: The Company shall: a) Acknowledge receipt of the disclosure within [5] business days. b) Conduct an initial assessment of the disclosure within [15] business days. c) Maintain the anonymity of the Recipient to the maximum extent permitted by law, unless disclosure is required by a court of competent jurisdiction. 2.4. Performance Metric: The Company shall maintain a secure log of all disclosures, ensuring no Protected Disclosure remains unresolved for more than [60] business days without written notice to the Recipient regarding the progress of the investigation.

3. DEFAULT, TERMINATION, AND REMEDIES

3.1. Breach of Policy: Any attempt by the Company or its agents to subject the Recipient to Detriment constitutes a material breach of this Agreement. 3.2. Cure Period: In the event of a material breach, the non-breaching party shall provide written notice detailing the breach. The breaching party shall have [30] business days from the receipt of such notice to cure the breach to the reasonable satisfaction of the aggrieved party. 3.3. Legal Recourse: Should a breach remain uncured, the Recipient shall be entitled to seek injunctive relief, damages, or remedies afforded under the Employment Rights Act 1996 or applicable common law in the relevant [Jurisdiction].

4. BOILERPLATE LEGAL PROVISIONS

4.1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. 4.2. Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements, oral or written. 4.3. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. 4.4. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by [Arbitration/Court Name]. 4.5. Force Majeure: Neither party shall be liable for failure to perform duties due to events beyond their reasonable control, including but not limited to acts of God, war, or governmental restriction.

5. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

FOR THE COMPANY:

Name: [Signatory Name] Title: [Signatory Title] Date: [Date]

FOR THE RECIPIENT:

Name: [Recipient Name] Title: [Recipient Title] Date: [Date]