UBER - UK WORKER WHISTLEBLOWING POLICY
1. Purpose
Uber has put this Whistleblowing Policy in place to encourage and support you to report suspected wrongdoing as soon as possible. Uber takes all concerns raised seriously and relies on you to raise your concerns so that they may be addressed, as appropriate.
The purpose of this Whistleblowing Policy is to:
1. promote a culture of ethical behaviour and accountability, and help prevent and address wrongdoing when it occurs;
2. set out details of the avenues available to you for raising any concerns of suspected wrongdoing; and
3. explain how Uber will deal with protected disclosures it receives.
This Whistleblowing Policy applies only to Uber’s UK Workers.
2. Can I Make a Protected Disclosure?
You can make a "protected disclosure" if:
1. you are an "eligible whistleblower"; and
2. the disclosure you make is about a protected matter; and
3. you make the disclosure to a person who is eligible to receive a protected
disclosure.
Each of these requirements is explained below.
(a) You must be an "eligible whistleblower”. You are an "eligible whistleblower" if you are a ‘worker’ who uses or has used the Uber app; and
(b) You must make a disclosure about a "protected matter".
Only disclosures of certain types of information will qualify for protection under the UK whistleblowing laws. You may wish to get independent advice if you’re not sure you’re protected, for example from Citizens’ Advice.
3. What Is a "protected disclosure"?
Information will be a "protected disclosure" if the reporter has reasonable grounds to believe that they are acting in the public interest and reasonably believe that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the following categories:
- a criminal offence, for example fraud;
- someone’s health and safety is in danger;
- risk or actual damage to the environment;
- a miscarriage of justice;
- the company is breaking the law, for example does not have the right insurance; or
- you believe someone is covering up wrongdoing.
Personal grievances and complaints are not usually covered by whistleblowing law. If you have any concerns that do not fall within the above categories these should be made to Uber through https://help.uber.com/driving-and-delivering or via the direct call button in your Uber app.
4. How to make a "Protected Disclosure"?
Uber encourages all eligible whistleblowers to submit their “protected disclosure” via the Uber Driver Mobile Application.
You can do this by selecting ‘Help’ from the main menu, selecting’ Legal, ethics and compliance’ and then selecting ‘Report Unethical Behaviour’. As highlighted below:
Uber takes all protected disclosures seriously and will not tolerate any behaviour which constitutes misconduct in relation to Uber.
5. What Protections Are Available if I Make a Protected Disclosure?
If you have made a protected disclosure, the following protections will apply to you:
1. Confidentiality regarding your identity
If you disclose your identity when making a protected disclosure, the person(s) who received your disclosure will take reasonable steps to not disclose your identity or information that may lead to your identification, except if the disclosure is made with your consent, or is made to a regulatory or law enforcement body.
If you have a complaint about a breach of confidentiality, you can also raise it via the Integrity Helpline.
2. Protections from retaliation
Uber may not engage in any conduct that causes any detriment or make a threat to cause any detriment, including dismissal, disciplinary action, harassment, discrimination, property damage, reputational damage and other types of damage, to an eligible whistleblower or another person, because the person engaging in the conduct believes or suspects that the other person or a third person made, may have made, proposes to make, or could make, an eligible whistleblower report.
Uber is committed to ensuring that all eligible whistleblowers feel supported and able to raise issues which relate to any misconduct within Uber. Uber does not tolerate retaliation against anyone who raises concerns or who participates in an investigation. If an eligible whistleblower reports any alleged unfair or other detrimental treatment, Uber is committed to taking appropriate steps to respond to the allegations.
You do not get legal immunity from prosecution from your own misconduct revealed as part of your report. Uber also reserves the right to take action to temporarily suspend and/or terminate your Uber account if the disclosed matter poses a safety risk to riders or third parties by you continuing to access the Uber app.
6. How Uber Will Investigate Disclosures?
Uber takes all protected disclosures seriously and, where appropriate, will investigate protected disclosures that are reported to Uber.
Uber will make preliminary enquiries to:
(a) assess whether the disclosure falls within the scope of this Whistleblowing Policy; and
(b) determine how best to progress the issues raised in the disclosure, including whether or not a full investigation will be necessary and possible.
If an investigation is warranted, depending on the nature of the disclosable matter, a protected disclosure will be either:
(a) investigated internally; or
(b) referred to the appropriate external person for investigation.
The referral of a protected disclosure for investigation will be done in accordance with the confidentiality obligations that Uber owes to the eligible whistleblower.
It is important to understand that Uber may not be able to commence or progress with an investigation into a protected disclosure in some circumstances, for example because the eligible whistleblower made the disclosure anonymously and did not provide any contact details for Uber to obtain further information from the eligible whistleblower.
Uber will aim to keep the eligible whistleblower reasonably informed of the outcome of the investigation and its expected timescale. However, confidentiality concerns, if any, may prevent Uber from providing specific details of the investigation or any action taken as a result.
Uber is committed to dealing with all disclosures raised in a manner that is appropriate, consistent, fair and professional. If an eligible whistleblower notifies of any alleged unfair or other detrimental treatment, Uber will take appropriate steps to respond to the allegations.
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