Whistleblowing policy

It is important to Howden Insurance Brokers (HK) Limited (“HIBHK”) that any fraud, misconduct or wrongdoing is reported and properly dealt with. This policy aims to provide reporting channels and guidance on reporting suspected fraud, misconduct, malpractice or irregularity and reassurance to persons reporting his or her concerns under this policy of the protection that the HIBHK will extend to them against unfair disciplinary action or victimisation for any genuine reports made.

HIBHK encourages all individuals to raise any concerns that they may have about the conduct of others in the business or the way in which the business is run. This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.

This policy applies to all employees of HIBHK, full time and part-time employees on fixed-term contracts and others performing functions in relation to the organisation, such as agency workers and contractors, are encouraged to use it. It is also available to use by any external third party or counterparty.

This policy and procedure are not contractual, and HIBHK reserves the right to amend it should it, in its sole discretion, elect to do so.

Principles

• Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Individuals 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 individual will be victimised for raising a matter under this policy. This means that the continued employment and opportunities for future promotion or training of the individual will not be prejudiced because he/she has 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 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, individuals should not agree to remain silent.

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 his/her own contract has been, or is likely to be, broken, he/she should use the organisation's grievance procedure. 

Policy 

The law provides protection for those who raise legitimate concerns about specified matters. Activities or behaviours covered under this Policy include but not limited to the following:

• Criminal offences and unlawful acts (e.g. corruption, theft, fraud, forgery, bribery and blackmail);
• Failure to comply with legal or regulatory obligations;
• Material breach of internal policy or rules (e.g. financial controls, procurement rules, confidentiality obligations);   
• An act or omission which creates a substantial and specific danger to the lives, health or safety of the HKIA employees or the public; and/or
• Concealment of any of the above.

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

Procedure
 

1. Step One

In the first instance, and unless you reasonably believe your Line Manager to be involved in the wrongdoing, or if for any other reason you do not wish to approach your Line Manager, any concerns should be raised with your Line Manager. If you believe your Line Manager to be involved, or for any reason do not wish to approach your Line Manager, then you should proceed straight to Step Three.

2. Step Two

Your Line Manager will arrange an investigation into the matter (either by investigating the matter him/herself or immediately passing the issue to someone in a more senior position). The investigation may involve you and other individuals involved giving a written statement. Any investigation will be carried out in accordance with the principles set out above.  Your statement will be taken into account, and you will be asked to comment on any additional evidence obtained. Your Line Manager (or the person who carried out the investigation) will then report to the board, which will take any necessary action, including reporting the matter to any appropriate government department or regulatory agency.

If disciplinary action is required, your Line Manager (or the person who carried out the investigation) will report the matter to Human Resources Department and instigate the disciplinary procedure. On conclusion of any investigation, you will be told the outcome and what the board has done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

3. Step Three

If you are concerned that your Line Manager is involved in the wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the board, you should inform a senior member in Human Resources, who will arrange for another manager to review the investigation carried out, make any necessary enquiries and make his own report to the board as in Step Two above. Any approach to Human Resources will be treated in the strictest confidence and your identity will not be disclosed without your prior consent i.e. ensuring that your disclosure is kept anonymous.

4. Step Four

Where the matter is more serious, or you feel that your Line Manager or Human Resources has not addressed your concern, or you prefer not to raise it with them for any reason, you should liaise with the independent confidential reporting line, the Safecall. The Safecall is a confidential reporting service where you can raise your concerns and be assured they will be fully addressed. Calls are handled by skilled staff and will be treated in complete confidence. A report of the call will be sent to Group Chief Risk Officer, whose independence is ensured through an immediate declaration of any conflicts of interest, in addition to secondary support (where required) from the Group General Counsel who is not involved in trading activities of the business. Where independence cannot be ensured, a third party e.g. external solicitors will be engaged to perform the investigation and opine on the recommended course of action.

If you wish to remain anonymous, the Safecall will not disclose your name. You can contact the Safecall at any time on the Freephone numbers listed below.

The Safecall line is available 24/7 365 days a year. Alternatively, the Safecall can be contacted in writing via web, www.safecall.co.uk/report.

5. Step Five

If on conclusion of all of the above steps, you reasonably believe that the appropriate action has not been taken, you should report the matter to the proper authority. The legislation sets out a number of bodies to which qualifying disclosures may be made. In Hong Kong, these include:

a. Hong Kong Labour department
https://www.labour.gov.hk/eng/tele/content.htm 

b. The Equal Opportunities Commission
https://www.eoc.org.hk/en/about-the-eoc/contact-us

c. Hong Kong Police Force
https://www.police.gov.hk/ppp_en/contact_us.html?st=headingNineteen#

d. ICAC
https://www.icac.org.hk/en/rc/channel/index.html

e. Labour Legislation & Guideline of Discrimination in the Workplace
https://www.gov.hk/en/residents/employment/labour/discrimination.htm

Confidentiality

Referrals made to the Safecall service are recorded anonymously, via the independent hotline managed by appropriately qualified call handlers. Calls are not recorded with only handwritten notes used to generate a comprehensive written report to the Group Chief Risk Officer.

Referrals made to HR are also recorded anonymously and filed in restricted access folders viewable by senior HR representatives. All records remain strictly confidential unless specific consent from the employee has been obtained.

The individual reporting the case (i.e. the “whistleblower”) must keep details of any investigation confidential whilst the investigation is ongoing.

Limitations on confidentiality relate to instances whereby the business is compelled to disclose under specific laws and regulations e.g. court orders, health and safety, or criminal risk.

Communication of outcomes

During the course of the investigation, we will endeavor to report progress and outcomes where possible (refer to limitations above). Given the case-by-case nature of the investigation process, the timeline for commencing an investigation will be within 7 days of notification, with regular updates thereafter.

There may be instances in which it is not possible for the business and / or the Safecall cannot share the outcome of an investigation with the informant (i.e. the “Whistleblower”). These cases typically relate to serious legal or regulatory investigations in which we are obligated to remain confidential.