Whistleblower 'Speak Up' Policy
Applicability: This Policy applies to all employees, contractors, agents, subsidiaries, and any other individuals or entities acting on behalf of Kpler (“You”). It covers all business activities conducted by Kpler, including interactions with government officials, customers, suppliers, competitors, and any other third parties.
Adherence: Kpler’s position on the Whistleblower ‘Speak Up’ Policy (the ‘Policy’) is mandatory. This Policy is to help You make informed decisions as to when and how to speak up.
1. Overview and Introduction
1.1 Kpler is committed to promoting ethical and responsible behaviour, whilst maintaining a culture of transparency and accountability. This Policy sets out the procedure for reporting concerns about wrongdoing, and the protection that will be provided to whistleblowers under European legislation and other relevant laws and regulations. In addition, this Policy provides guidance to You as well as other interested third parties (customers, vendors, contractors, etc.) who wish to report known or suspected breaches of law, regulation and/or Kpler policy.
2. Policy Statement
2.1 This Policy aims to enable and encourage You to raise concerns within Kpler. It recognises a worker’s legal rights to make a protected disclosure to certain prescribed persons or bodies under the applicable laws and regulations, including the Directive (EU) 2019/1937.
2.2 It is important to Kpler that any fraud, misconduct or wrongdoing within its organisation is reported and properly dealt with. Kpler is committed to tackle malpractice and wrongdoing. Everyone should be aware of the importance of preventing and eliminating wrongdoing at work.
2.3 Kpler encourages staff to use internal mechanisms for reporting malpractice or illegal acts or omissions by employees, ex-employees and third parties. Employees will be listened to and serious concerns will be investigated.
2.4 Kpler will ensure that all new employees, supervisors and managers will receive induction on the Policy and will provide training to all members of staff so that they are aware of whistleblowing laws and regulations and know how to use this policy. In addition, Kpler will provide training to all managers enabling them to deal with concerns that are raised and is committed to treating all disclosures consistently and fairly.
2.5 Adequate resources will be made available to fulfil the aims of this Policy. The Policy will be widely promoted, and displayed through the staff intranet.
2.6 The Policy allows You to take the matter further if You are dissatisfied with the management response and aims to reassure that You will be protected from harassment or victimisation from co-workers and/or from Kpler employees for raising concerns.
2.7 At Kpler, we are committed to maintaining the highest standards of ethical behaviour, transparency and accountability in all aspects of our operations. We value your role in helping us identify and address any misconduct, unethical practices, violations of laws or regulations, and/or any other concerns that could adversely affect Kpler and our stakeholders. The present Policy outlines the mechanisms and protections we provide to encourage and support individuals who wish to report such wrongdoing in good faith.
3. Definitions and Scope
3.1 For the purpose of this Policy, Kpler recognises that ‘Whistleblowing’ is the term used for confidential disclosure of information about wrongdoing in and outside work. The whistleblower must reasonably believe that they are acting in the public interest.
3.2 The statutory categories for wrongdoing are:
● Criminal offences (such as insurance fraud or illegal tax evasion)
● Breaches of any legal obligations
● Miscarriages of justice
● Endangering an individual’s health and safety
● Damage to the environment
● Deliberate concealment of information about any of the above.
3.3 Examples of wrongdoing might include (but are not restricted to):
● Gross misconduct
● A criminal offence that has been, is being, or is likely to be committed ● General malpractice such as immoral or unethical conduct
● A danger to the health and safety of an individual
● Discrimination of any kind
● Bribery and Corruption
● Misuse and Misappropriation of Company Property
● Fraudulent Acts
● Theft and Embezzlement
● Abuse of Power
● Conflicts of Interest
● Non-Compliance of Company Procedures and Policies
● Any other wrongdoing which will, or may, impact the activities or reputation of Kpler.
3.4 It is not necessary for the member of staff to have proof that wrongdoing is being, hasbeen, or is likely to be committed. A reasonable belief is sufficient to disclose the concern. The member of staff has no responsibility for investigating the wrongdoing. It is Kpler’s responsibility to ensure that an investigation takes place.
3.5 A member of staff who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.
3.6 This Policy will be reviewed annually from the date of issue in conjunction with the senior management team. Where review is necessary due to legislative change, this will happen immediately and will be carried out by the Legal, Risk and Compliance (LRC) department.
4. Roles and Responsibilities
4.1 Kpler’s senior management team is responsible and accountable for this Policy and procedure and will:
● Demonstrate commitment to developing an open culture within the
organisation, through actions and strategy
● Receive and review annual reports on whistleblowing activity
4.2 You have a duty to report wrongdoing (whistleblow) under the circumstances set out in Section 3 of this Policy.
4.3 Direct managers and/or VP stakeholders of the relevant department are responsible for:
● Ensuring all staff are aware of this Policy, procedure and their responsibilities
● Encouraging staff to report concerns to their direct manager in the first instance
● Investigating issues raised promptly and thoroughly where such matters are raised and reported to them at first instance
● Fostering an open culture within their teams
● Ensuring any whistleblower is not subject to detriment where managers are aware of the report
● Escalating issues and engaging the support of senior managers or to the HR department, as necessary.
4.4 The LRC Team leads responsibility for the whistleblowing Policy and related procedure and for dealing with issues raised:
● Oversee and review the Policy and procedure
● Provide advice and support to managers and employees
● Ensure learning from whistleblowing cases is fed back to the wider organisation ● Ensure managers are trained in dealing with issues
● Investigate issues raised with them directly promptly and thoroughly
● Inform all reported disclosures to the senior management team and the actions being taken
● Ensure the process is monitored and improved where required
● Provide reports on whistleblowing activity on an annual basis to the senior management team.
5. How to raise a concern
5.1 In many circumstances, the easiest way a member of staff can get their concern resolved will be to raise it formally or informally with their direct manager and/or the VP stakeholders of the relevant department, who should report it to the designated officer, a senior member of the People Team and/or LRC department.
5.2 If this is not appropriate as the concern relates to the direct manager and/or the VP stakeholders of the relevant department, or if the member of staff does not feel able to raise it with them or if raising it with their direct manager and/or the VP stakeholders of the relevant department do not resolve matters, the member of staff can approach a designated officer directly. The designated officer will then confirm how the matter will be investigated.
5.3 Concerns are encouraged to be raised in writing. The email should set out the background and history of the concerns, giving names, dates and places where possible, and the reason why the member of staff is making the disclosure. If the individual does not feel able to make the disclosure in writing, a face to face meeting can be arranged instead. Please refer to the next section ‘Reporting Mechanisms’.
6. Reporting Mechanisms
6.1 Whistleblowers are encouraged to report concerns related to misconduct, unethical behaviour, illegal activities, or violations of company policies internally or externally through established channels. Internally, whistleblowers can use one of the following reporting mechanisms:
● Direct Manager and/or the VP stakeholders of the relevant department
● People team
● LRC Department: legal-compliance@kpler.com
● CEO
6.2 Concerns may be raised to the above departments, however, where the report concerns one of the above individuals, it will be initially reviewed by another member of the Kpler Executive Leadership Team (ELT).
6.3 Whistleblowers are encouraged to report in writing or verbally via telephone, voice message, email, and/or physical meeting.
6.4 On the rare occasion that internal reporting channels are unavailable, do not function properly, there is no appropriate follow-up after an internal report has been submitted and/or the whistleblower has valid reasons to believe that they will suffer from retaliation in contravention of this Policy, an employee can resort to an external reporting mechanism to national or EU authorities.
7. What happens to reports?
7.1 Whistleblow reports will be acknowledged within 7 days by the LRC Team. Kpler has a duty to perform a quick, adequate and factual investigation and provide feedback within 3 months. Reports received will be promptly reviewed, investigated, and addressed by the appropriate department within Kpler.
7.2 Individuals who may be the subject of the report are immediately recused from any further involvement in any investigation. Where appropriate, the LRC department will lead the investigation and further information may be required. If the LRC department is directly or indirectly the subject of the report, an independent lead investigator from the People team and/or designated senior stakeholder appointed by ELT.
7.3 Whistleblowers will be kept informed about the progress of their reports to the extent possible and within the limits of confidentiality, privacy laws, and protection of involved parties.
7.4 The investigator will determine what, if any, corrective action is required (including where necessary, reporting to regulatory authorities). Appropriate corrective action may include disciplinary action, training, process improvement, or legal remedies. The whistleblower will be informed of the conclusion of the investigation.
8. Confidentiality and Non-Retaliation
8.1 The investigating team will keep the identity of the whistleblower confidential unless disclosure is required by law or regulators.
8.2 Whistleblowers who report concerns in good faith will be protected against any form of retaliation, harassment, discrimination, or adverse employment consequences. Kpler does not tolerate or condone acts of retaliation against those who report issues or concerns and will consider any such actions to be a disciplinary matter. Here is a non-exhaustive list of lines on protection:
● Protecting your identity, protecting you from detriment (discrimination, harassment, physical or psychological harm, damaging property, change in your role and/or duties)
● Monitoring and managing the behaviour of other employees
● Relocating employees (which may include the people alleged to have been involved in the Potential Misconduct) to a different division, group or office
● Offering you a leave of absence or flexible working arrangements whilst the matter is being investigated
● Any other measure(s) Kpler deems appropriate
8.3 Good Faith Reporting: Whistleblower reports must be made in good faith, meaning the individual genuinely believes the information provided is accurate and based on reasonable grounds. Reports that are knowingly false, malicious, or made with the intent to harm someone's reputation or for personal gain may result in disciplinary action, including potential termination of employment.
8.4 Anonymous Reporting: Whistleblowers have the option to submit reports anonymously, using designated channels provided by Kpler as further described under Section 6 above. While anonymous reports will be accepted and investigated to the fullest extent possible, it may limit Kpler s ability to thoroughly investigate and address the concern. Therefore, providing contact information is encouraged.
9. Awareness and Training
9.1 Kpler will provide regular training and awareness programs to employees and stakeholders to ensure they understand the importance of this Policy and the procedures for reporting concerns.
10. Compliance and Review
10.1 This Policy shall comply with all applicable laws and regulations related to whistleblowing and will be reviewed periodically to ensure its effectiveness and alignment with best practices. Whilst specific requirements may vary, depending on the countries in which you operate, the EU Whistleblower Protection Directive and UK Public Disclosure Act 1998 safeguarding whistleblowers against retaliatory action and unfair treatment and/or dismissal when they disclose wrongdoing in the workplace have been widely and extensively incorporated into this Policy.
10.2 Kpler is committed to upholding the principles of integrity, transparency, and accountability. This Global Whistleblower ‘See Something, Say Something’ Policy provides clear guidelines for reporting concerns and protects whistleblowers who act in good faith. By promoting a culture that encourages open communication and ethical behaviour, we aim to maintain the trust and confidence of our employees, stakeholders, and the global community.
10.3 On an annual basis, the LRC department will review all whistleblowing reports (anonymity will be applied where reasonable or possible).
11. Further Document Details
Version: v.02
Approval Date: January 2025 Date for Next Review: January 2026 Risk Category: High Risk
Accountable Policy Owner: Legal, Risk & Compliance (LRC) Team
