Whistleblowing Policy

Aims

The firm is committed to maintaining and promoting the highest standards of integrity, transparency, and ethical conduct in all its business operations and client dealings. This policy is aimed to encourage employees to report any concerns about unethical, illegal, or improper conduct without fear of reprisal or retaliation.

Purpose

The purpose of the policy is to enable concerns of wrongdoing that are in the public interest to be raised inside, and if necessary, outside of the firm. It is intended to encourage employees to inform management if they are concerned about serious malpractice, fraud, corruption, or any other possible irregularity. However, it is not meant to be another mechanism for employees to raise collective or personal grievances. The Grievance Policy and Procedure is in place to enable employees to lodge a concern relating to all other aspects of their employment. The Whistleblowing Policy is intended to cover major concerns that fall outside the scope of other procedures.

Scope

This policy applies to all employees, contractors, consultants, suppliers, clients, and any other individual associated with the firm.

Employees are protected from victimisation, harassment, or disciplinary action as a result of any disclosure where the disclosure is made in the public interest and is not made maliciously or for personal gain. When disclosures are made in the public interest, colleagues will have statutory protection under the Public Interest Disclosure Act 1998. The firm is also committed to ensuring compliance with the Bribery Act 2010 and The Financial Services and Markets Act 2000.

Reportable concerns in the public interest relate to suspected danger, risk, malpractice or wrongdoing at work which affects others. This may include, but is not limited to:

• A criminal offence, including bribery and corruption.
• A failure to comply with any legal obligation.
•  A miscarriage of justice.
• Endangering the health and safety of any person.
• Damage to the environment.
• Unauthorised disclosure of confidential information.
• A breach of our Conflict of Interests policy breach of our internal policies and procedures.
• Behaviour that harms or is likely to harm the reputation or financial well-being of Moorfields.
• The deliberate concealment of any of the above.

General Principles

This policy ensures that any form of retaliation against whistleblowers is strictly prohibited and subject to disciplinary action. Reports must be made in good faith, with malicious or false reporting not tolerated. Whistleblowers can report concerns anonymously, with efforts made to maintain confidentiality. All involved parties will be treated fairly and with respect, and accusations will be investigated impartially. The policy will be widely communicated, with regular training provided. Whistleblowers will receive feedback on the outcome of their reports, and the policy will be regularly reviewed and updated to stay effective and aligned with best practices.

Relevant and Qualifying Disclosure

A whistleblower must meet specified criteria so that their disclosure can be considered a qualifying disclosure under the Public Interest Disclosure Act 1998. The criteria are as follows:

• The disclosure must be made to an appropriate person.
• The person making the claim must have reasonable belief that the wrongdoing is being or is about to be committed.
• The person making the claim must reasonably believe it to be substantially true and that the disclosure is in the public interest.
• The person making the claim should not collect the information to support the allegation improperly.

Disclosure Procedure

Any employee wishing to raise a concern should inform a Partner or HR, either verbally or in writing. If either of them is connected with the concern, then another Partner or line manager must alternatively be informed.

If the concern is raised verbally, a written note will be made of the full details, a copy of which will be sent to the employee within two working days. If the concern is sent in writing, a written acknowledgement will be made within two working days of receipt.

In raising concerns, employees have the right to seek advice and be accompanied by a Trade Union officer or workplace colleague.

The Partner or HR shall ensure the concern is fully investigated as quickly as reasonably possible without compromising a thorough and full investigation. This may include the appointment of independent investigators. If there is evidence of criminal activity, then the police would also be informed.

Once the investigation is completed a written response will be sent to the employee who raised the concern to their home address or via their private email address.

If the investigation is prolonged, the employee who raised the matter will be kept informed in writing as to the progress of the investigation. Employees will be told, as far as possible, and subject to third party rights, what the outcome of their concern is.

In the event the investigation substantiates the alleged concern the firm’s Disciplinary Procedure would normally be used to address the matter as appropriate.

If the employee is not satisfied that their concern is being properly dealt with by the Partner or HR, they have the right to raise this confidentially in writing to an alternative Partner.

If the alternative Partner finds the allegation unsubstantiated, employees have the right to raise their concern with an appropriate official external body e.g. the FCA or other relevant regulatory authority. This option should only ever be used when internal procedures have been exhausted.

If the concern relates to the firm’s Partners, employees have the right to raise their concern with a relevant regulatory authority.

Employees will suffer no detriment of any sort for making such a disclosure in accordance with this procedure on the proviso concerns are submitted in good faith.

Appropriate disciplinary action will be taken with any employee who has harassed or victimised any employee following a disclosure.

Confidentiality

The firm regards the confidentiality of the Whistleblowing process as a matter of uppermost importance. Any employee who raises a concern in conjunction with this procedure will have the right to have the matter treated confidentially and not to have their name disclosed to the alleged perpetrator of malpractice without their prior approval. Any correspondence concerning the matter will be sent to the employee’s home address or to their private email address to ensure confidentiality.

The firm will take all reasonable steps to ensure that any report or other relevant documentation produced by the firm does not identify the employee making the disclosure without their written consent unless the firm is legally obliged to do so for the purpose of seeking legal advice or assisting with a Police or regulatory investigation. Any departure from this procedure may result in the confidentiality status being lost and therefore it should be followed carefully.

Other

No formal disciplinary action will be taken against an employee on the grounds of making a disclosure under this policy or procedure. This does not prevent the firm from bringing disciplinary action against an employee where it has grounds to suspect a disclosure was made maliciously or vexatiously, or where a disclosure is made outside the firm without reasonable grounds.

Support

The firm has a responsibility to ensure those employees against whom concerns are raised against are treated fairly as any allegation made under this policy is a serious matter. The firm will take all reasonable steps to provide protection and support, as necessary.

Employees who have raised a concern under the ambit of the Whistleblowing Policy or who are the subject of any such concern may want to confidentially request counselling or support services should be addressed to HR. Such a request will be made in confidence.

Employees can contact the Financial Conduct Authority for confidential advice on whistleblowing issues. Contact information is as follows:

T: 0207 066 9200
E: whistle@fca.co.uk
W: www.fca.org.uk/firms/whistleblowing

Review

This policy will be reviewed annually and will be reviewed on the basis of feedback, best practice, changes in legislation or regulatory standards.

Version: 1.1
Last Review: 20.6.2024