Whistleblowing Policy

This policy was reviewed on June 21, 2024

1. Key Points

This Whistleblowing policy (“Policy”) sets out the framework for dealing with allegations of illegal and improper conduct.

The company, Openclassrooms Limited (“OpenClassrooms”), is committed to the highest standards of transparency, probity, integrity and accountability.

This Policy is intended to provide a means of making serious allegations about standards, conduct, financial irregularity or possible unlawful action in a way that will ensure confidentiality and protect those making such allegations in the reasonable belief that it is in the public interest to do so from being victimised, discriminated against or disadvantaged.

This Policy does not replace other policies and procedures such as the Complaints Policy, Disciplinary and Grievance Policy, Safeguarding and Duty Policy and other specifically laid down statutory reporting procedures. 

This Policy is intended to ensure that Openclassrooms complies with its duty under the Public Interest Disclosure Act 1998.

2. Scope

This Policy applies to all employees and third parties, including subcontractors (“Whistleblower”) but it does not replace the other documents such as the Code of Ethics or other procedures. 

For example, if employees have a grievance about their working conditions or treating them unfavourably, they should use the Disciplinary and Grievance Policy.If they felt that their manager or a colleague was acting inappropriately which could affect the care and safety of learners, fellow employees or third parties, they should use the Safeguarding and Prevent Duty Policy. 

This Policy applies to, but is not limited to, allegations about any of the following:

  • Crime
  • Conduct which is an offence or breach of the law;
  • Alleged miscarriage of justice;
  • Serious Health and Safety risks;
  • The unauthorised use of public funds;
  • Possible fraud and corruption;
  • Sexual, physical or verbal abuse, or bullying or intimidation of employees, customers or service users;
  • Discrimination;
  • Cyberstalking;
  • Abuse of authority;
  • Other unethical conduct.

3. Reporting

Whistleblowers have several options if he/she wants to make an allegation:

Whistleblowers can also communicate with the  following people directly: 

  • Stéphanie Fraise (stephanie.fraise@openclassrooms.com) - Chief Human Resources Officer (CHRO) 
  • Pierre Dubuc (pierre.dubuc@openclassrooms.com) - Chief Executive Officer
  • Specific referent if one of the 2 points of contact above is personally the subject of the Whistleblower's report : Louise Rogers (louise@louiserogers.com) - Consultant Senior - Private Equity & Venture Capital, member of the Board

Openclassrooms recognises that the decision to make an allegation can be a difficult one to make. However, Whistleblowers who make serious allegations in the reasonable belief that it is in the public interest to do so have nothing to fear because they are doing their duty either to OpenClassrooms and/or to those for whom OpenClassrooms is providing a service.

Openclassrooms will take appropriate actions to protect a Whistleblower who makes a serious allegation in the reasonable belief that it is in the public interest to do so from any reprisals, harassment or victimisation:

  • All communications related to the investigation use a codename for the Whistleblower, and access to their identity is restricted to a small, need-to-know group;
  • Openclassrooms monitors the Whistleblower's work environment for any signs of retaliation;
  • Openclassrooms offers the Whistleblower access to counselling services. This includes both psychological support and professional coaching if needed;
  • Openclassrooms can decide to transfer the Whistleblower to  a different department or location within the company to avoid contact with individuals who were implicated in the allegation.

4. Confidentiality

All allegations will be treated in confidence and every effort will be made not to reveal a Whistleblower’s identity unless the Whistleblower otherwise requests. Similarly, if the allegation results in court proceedings, then the Whistleblower may have to give evidence in open court if the case is to be successful.

5. Anonymous allegations

This Policy encourages Whistleblowers to put their name to an allegation wherever possible as anonymous allegations may often be difficult to substantiate/prove. Allegations made anonymously are much less powerful but anonymous allegations will be considered at the discretion of the CEO.

In exercising discretion to accept an anonymous allegation, these factors to be taken into account:

·   The seriousness of the issue raised;

·   The credibility of the allegation; and 

·   Whether the allegation can realistically be investigated from factors or sources other than the complainant

6. Untrue allegations

No disciplinary or other action will be taken against a whistleblower who makes an allegation in the reasonable belief that it is in the public interest to do so, even if the allegation is not substantiated by an investigation. 

However, disciplinary action may be taken against a Whistleblower if this is not the case (e.g. bad faith, making an allegation frivolously, maliciously or for personal gain where there is no element of public interest).

7. Procedure for Making an Allegation

It is preferable for allegations to be made to an employee’s immediate manager to whom they report.  

However, this may depend on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if the Whistleblower believes that management is involved, it would be inappropriate to raise it directly with them. The Whistleblower may then make an allegation directly according to Article 3 of this Policy.

After consideration and depending on each situation, the appropriate individuals will discuss with the Whistleblower to determine if they wish to proceed with the investigation of the allegation.

8. Allegations

Whether a written or oral report is made, it is important that the following relevant information is provided including:

  • The name of the person making the allegation and a contact point ;
  • The background and history of the allegation (giving relevant dates and names and positions of those who may be in a position to have contributed to the allegation);
  • The specific reason for the allegation: although someone making an allegation will not be expected to prove the truth of any allegations, they will need to provide information to the person they have reported to, to establish that there are reasonable grounds for the allegation.

Whistleblowers making an allegation may be accompanied by another person of their choosing during any meetings or interviews in connection with the allegation. However, if the matter is subsequently dealt with through another procedure, the right to be accompanied will at that stage, be in accordance with the relevant procedure.
9. Action on receipt of an allegation

The designated point of contact (line manager, CEO, CHRO…) will record details of the allegation, in IT tools, gathering as much information as possible (within 5 working days of receipt of the allegation) including:

  • The record of the allegation;
  • The acknowledgement of the allegation;
  • Any documents supplied by the whistleblower.

The point of contact will ask the Whistleblower for his/her preferred means of communication and contact details and use these for all communications with the Whistleblower in order to preserve confidentiality.

If the allegation relates to fraud, potential fraud or other financial irregularity, the Legal Department will be informed within 5 working days of receipt of the allegation. The Legal Department will determine whether the allegation should be investigated and the method of investigation.

If the allegation discloses evidence of a criminal offence it will be immediately  reported to the CEO and/or OpenClassrooms’ Board and a decision will be made as to whether to inform the Police. If the allegation concerns suspected harm to children the appropriate authorities will be informed immediately.

If the issue is around suspected harm to vulnerable adults, OpenClassrooms Safeguarding Policy should be referred to.
10. Timetable
An acknowledgment of the allegation will be sent in writing to the Whistleblower within 10 working days and will include : 

o   An indication of how Openclassrooms proposes to deal with the matter,

o   An estimate of how long it will take to provide a final response,

o   An indication of whether any initial enquiries have been made,

o   Information on whistleblower support mechanisms,

o   Indication whether further investigations will take place and if not, the reasons  why this was not implemented.

Acknowledgments are recorded in OpenClassrooms’ HR online tools (Google drive).

Where the allegation has been made internally and anonymously, OpenClassroomswill be unable to communicate what action has been taken to the Whistleblower.

11. Support

Openclassrooms will take steps to minimise any difficulties which may be experienced as a result of making an allegation.  For instance, if a Whistleblower is required to give evidence in criminal or disciplinary proceedings, the company, where appropriate, will arrange advice about the procedure and advise on the support mechanisms that are available.

Openclassrooms acknowledges that Whistleblowers need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, we will inform those making allegations of the outcome of any investigation.

12. Responsibility for the Policy

The CEO and the CHRO have overall responsibility for the operation of this Policy and for determining the administrative processes to be followed and the format of the records to be kept.

13. Monitoring

A register will record the following details:

  • The name and status (e.g. employee) of the whistleblower
  • The date on which the allegation was received
  • The nature of the allegation
  • Details of the person who received the allegation
  • Whether the allegation is to be investigated and, if yes, by whom
  • The outcome of the investigation
  • Any other relevant details

The register will be confidential and only available for inspection by the Board of Trustees.

The CEO will report annually to the OpenClassrooms’ Board on the operation of the Policy and on the Whistleblowers allegations made during the period covered by the report. The report will be in a form which does not identify Whistleblowers.

14. Policy review

OpenClassrooms will review and amend this Policy, at its own discretion, on an annual basis and, where otherwise necessary, may revise it as required in response to findings of any review or when there is a change in legislation and Law. 

The next date of planned reviews is June 21, 2025