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Complaints and Whistleblowing Policy

Complaints Policy

Introduction

Utility People Ltd follow a strict standard to ensure that all candidates we supply to our clients are of the highest professional and personal calibre. We take seriously any concerns raised regarding our staff and candidates (and the organisations that we place candidates in).

This policy gives details of the action we will take when concerns are raised with us.

Scope of the Policy

This policy applies to anyone employed by Utility People Ltd including our Directors, staff and any work placement/volunteers or anyone registered with us as a candidate.

Any member of staff or candidate who wishes to raise a concern regarding their conditions at work (or similar) should do so through the company Grievance procedure and also refer to our Whistle Blowing Policy.

Any organisation or service wishing to complain about our services, or the suitability/capacity of any candidate placed with them should do so under this procedure.

Complaints

The details of any complaint a candidate or member of staff are processed in a central incident file on our electronic secure system.

When we receive a complaint, we explain our procedures for handling complaints and ask the candidate or member of staff in question if they would like for us to commence a process accordingly. We can confirm that as a business, we will have responded to your complaint within 14 working days from the date of submission. All complaints must be made in writing and sent to the director of the business (Linda Mason) lindam@utilitypeopleuk.com, or if your concern is regarding our Directors, you may send your complaint to our Head of Operations (Sam Lewis) saml@utilitypeopleuk.com. Further details of our process can be found below.

Clients

Consultants will encourage candidates to speak openly about their experiences with the role and workplace in which they have been placed. Candidate comments will be treated in confidence unless it is agreed with the candidate that the issue needs to be raised with the client. The Consultant will act on behalf of the candidate to help resolve any issues causing difficulties for them.

Complaints which do not meet the criteria for an allegation but are of a serious nature regarding the behaviour of clients and their staff will be communicated to the hiring manager at the client and/or relevant governing body. If deemed appropriate, the issue may also be raised to the police for a formal investigation.

Internal Investigation

Procedure

Where appropriate, Utility People Ltd will undertake an internal investigation into the complaint.

Stage 1

The complaint should be made in writing to the company Director or Head of Operations as outlined above. The information required to process your complaint should include how the complaint has arisen.

If the complaint is a client, the client will be asked the following questions:

  • Do you wish to terminate the engagement with the candidate?
    Do you wish to terminate immediately or wait until an investigation has been carried out?
  • Would you like us to source a replacement?

If the complaint is a candidate, the candidate will be asked the following questions:

  • Do you wish to terminate the engagement?
  • Do you want to terminate immediately, or wait until an investigation has been carried out?

Linda Mason (Company Director) must be immediately informed of all serious allegations made against clients or candidates. lindam@utilitypeopleuk.com

Stage 2

Utility People will inform the complainant that we conduct our own investigation. We will also explain the process of that investigation. A written statement will be requested from the complainant, together with any supporting documentation of the incident or incidents.

If the complaint is aimed towards a candidate, Utility People Ltd will build up a profile of the candidate based on their original clearance checks, references, and feedback from previous clients since working for Utility People Ltd in order to assess the nature of the incident.

Stage 3

The complainee is notified about the complaint and is asked of their version of the events. Confidentiality is maintained on a need-to-know basis.

If the complainee is a client, they will be asked to discuss the matter over the phone or in person. If the complainee is a candidate, they are asked to attend a face-to-face review meeting. During this meeting, the alleged incident will be discussed in detail, so our Director can evaluate the candidates’ ability to continue working for Utility People Ltd.

During the complaint, if it becomes apparent that the complaint is more serious and meets the criteria for an allegation, then you should revert to the allegations policy and follow that.

Stage 4

Utility People Ltd informs the complainant of the steps that have been taken and of the outcome of the investigation. The complainant is advised that if the matter cannot be resolved and that the seriousness of the allegation warrants further action, to adopt whatever measures would normally come into force to meet legal requirements.

If the issue needs to be resolved through any authority involvement, Utility People Ltd will be guided by the authority’s decision when considering working with the complainant subsequently.

Stage 5

If the complainee is a candidate with an unblemished record and where a genuine error in professional practice has been made, Utility People Ltd will go through the Terms of Engagement with the candidate and require the candidate to re-sign the terms.

If required, additional training will be given. In the event of repetitive minor misdemeanours and where complaints are continually being made (by the same of different clients), we will take action and make a decision to remove the candidate from Utility People’s register.

All candidates returning to work for Utility People Ltd after the review meeting are closely monitored after returning and relevant notes are kept on file.

If Utility People Ltd is still concerned about a candidate’s ability to return to work after their practice review meeting, the matter will be referred to the Director. For issues defined as professional incompetence or serious misconduct which have been the subject of an investigation and which have been proven to the satisfaction of the Director of Utility People Ltd, the candidate will immediately be removed from the Utility People register. If a candidate is removed from the register, the candidate and the relevant authority’s will be informed. Affected clients will also be informed.

Complaints against Utility People Ltd

It is our utmost priority that incidents and complaints are dealt with in a fair manner. If a complaint were to be made against Utility People Ltd by either a candidate or a client, the matter would be referred to the Director who would decide which course of action would be most appropriate to follow in accordance with THE Utility People Grievance Policy. To ensure the complainant is kept informed at all stages of the process, reports are issued either verbally or in writing. Support is given to both parties until a satisfactory conclusion is reached.

Whistleblowing Policy

Policy Statement

Utility People Ltd encourages a free and open culture in dealings between its Senior Team, employees and all people with whom it engages in business and legal relations. In particular, Utility People Ltd recognises that effective and honest communication is essential if concerns about breaches or failures are to be effectively dealt with and the company’s success ensured.

This policy is designed to provide guidance to all those who work with or within the company who may from time to time feel the need to raise certain issues relating to the company with someone in confidence.

Workers who in the public interest raise genuine concerns under this policy will not under any circumstances be subjected to any form of detriment or disadvantage as a result of having raised their concerns.

Background

The Public Interest Disclosure Act 1998 recognised that workers have the right to “blow the whistle” and disclose certain information, e.g. fraudulent activities, malpractice and/or concerns about health and safety.
The Act introduced specific rights for those who disclose information to a third party about an alleged wrongdoing in defined circumstances. There is no general right for all so-called whistle-blowers to receive special protection. To qualify, the following issues must be met:

  • The Disclosure in question must relate to one of the specified categories contained within the Act; and
  • The Disclosure must be made in on the ways specified.

Procedure

This police will apply in cases where workers genuinely believe that one of the sets of circumstances is occurring, has occurred or may occur within the company and that it is in the public interest for the employee to disclose it. The matters that may be disclosed in this way are that:

  • A criminal offence has been committed, is being committed or is likely to be committed; or
  • A person has failed, is failing or likely to fail to comply with any legal obligation to which they are the subject of; or
  • A miscarriage of justice has occurred, is occurring or likely to occur; or
  • The health or safety of an individual has been, or is likely to be endangered; or
  • The environment has been, is being or is likely to be damaged; or
  • Information tending to show any massive failing within any one of the proceeding paragraphs has been, is being or is likely to be deliberately concealed.

We aim to encourage anyone with a genuine concern to raise it by providing the facility to make the complaint to someone who has no direct involvement with the issue. The issue should be reported to the Director or another responsible person in a senior position. If there is not a sufficiently senior person to deal with the complaint within the organisation, external routes should be considered as set out in the Act. The matter will be dealt with objectively and in a confidential manner. If you have a concern, do not wait until you have proof or investigate the matter yourself; a reasonable suspicion will suffice, i.e., where you reasonably believe that the information disclosed is substantially true.

However, there are two important exceptions where the Disclosure will not qualify for protection, and they are:

  • If the person making the Disclosure commits an offence by making it, or
  • It is a matter in which legal, professional privilege would apply, namely, correspondence between the employer and their lawyers regarding a specific case.

Utility People Ltd will not take action against anyone who raises a complaint under these policies in good faith because they did so, however, employees who make false allegations maliciously may be subject to the appropriate disciplinary action. This Whistle Blowing Policy does not cover private grievances, including complaints about individual employment matters. A “Whistle-blower” is a witness, not a complainant.

Utility People are registered with APSCo Global who act as our trade body. They can be contacted by visiting their website: Homepage (apsco.org) or by telephone 0203 117 0910.

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