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The Whistleblower Policy (Policy) sets out MUFG Pension & Market Services’ approach to encourage and support the Disclosure of Reportable Conduct and protect Whistleblowers from any retribution or other detriment that may arise as a result of their Disclosure. MUFG Pension & Market Services does not tolerate Reportable Conduct under any circumstances.
The Policy supports the MUFG Pension & Market Services Code of Conduct and Ethics Policy which sets the standards for the way we work at MUFG Pension & Market Services.
This Policy does not cover the disclosure of personal workplace grievances such as:
unless such disclosure also includes a Disclosure of Reportable Conduct. If you have a workplace grievance, please consult the MUFG Pension & Market Services Grievance Policy available on the MUFG Pension & Market Services intranet page.
Words in bold have the meaning stated in Section 9 (Definitions) and appear in bold when first used.
MUFG Pension & Market Services is committed to requiring and supporting ethical and responsible behaviour. MUFG Pension & Market Services recognises the important role whistleblowing can play in the early detection of Reportable Conduct. MUFG Pension & Market Services also recognises that individuals who are considering disclosing Reportable Conduct may fear retribution or other detriment and require an assurance of protection.
MUFG Pension & Market Services has adopted the following principles in relation to its whistleblowing program:
This Policy applies to MUFG Pension & Market Services and all MUFG Pension & Market Services Persons globally. MUFG Pension & Market Services Persons include current and former directors, officers, employees, contractors, consultants, suppliers, third party providers, secondees and advisers of MUFG Pension & Market Services, and includes relatives and dependents of any of those persons. Any MUFG Pension & Market Services Person can make a Disclosure of Reportable Conduct under this Policy.
Compliance with the Policy is mandatory, and no exceptions are allowed.
Whistleblowers who act with reasonable belief about the Reportable Conduct must be supported and protected. Whistleblowers are afforded certain legal protections, and whilst these vary by jurisdiction, they generally include:
MUFG Pension & Market Services provides an environment which encourages people to appropriately raise concerns. Refer to the Group Speak Up Framework for the channels to raise different types of concerns.
Disclosure of Reportable Conduct must be based on information that is directly known to the person making the Disclosure. The Whistleblower must act with reasonable belief to suspect the alleged Reportable Conduct has occurred or is likely to occur. When making a Disclosure with reasonable belief, the Whistleblower can qualify for protections outlined in section 4.1 even if the Disclosure turns out to be incorrect.
When making a Disclosure of Reportable Conduct, Whistleblowers are encouraged to clearly communicate that they are making a Disclosure of Reportable Conduct and to provide as much information as possible, including any known details related to the Reportable Conduct (e.g. date, time, location, name of person(s) involved, evidence (e.g. documents or emails), names of possible witnesses) and any steps that have been taken to disclose the matter elsewhere in an attempt to resolve the concern. Whistleblowers are not expected to investigate their concerns to prove their validity prior to making a Disclosure.
Whistleblowers can make the Disclosure anonymously or via a pseudonym and still qualify for protections outlined in section 4.1.
Disclosure of Reportable Conduct may be made by contacting one of the designated Whistleblowing Protection Officer (WPO) set out below:
WPO | CONTACT DETAILS |
Fergus Duggan MUFG Pension & Market Services Chief People Officer |
Email: fergus.duggan@mpms.mufg.com |
Raj Singh MUFG Pension & Market Services Chief Risk Officer |
Email: raj.singh@mpms.mufg.com |
Neelam Patel MUFG Pension & Market Services General Counsel |
Email: neelam.patel@linkgroup.co.uk |
Atsushi Yoshinari Chair of Internal Audit Committee, and Board Risk & Compliance |
Email: atsushi.yoshinari@mpms.mufg.com |
Disclosures could also be made to other senior leadership, or a member of the internal audit team. Where a senior leadership or internal audit team member receives a report, they must inform Whistleblower that the matter will be referred to a WPO without delay and the information will also be shared with ERM for record keeping and reporting purposes. In the event that the Whistleblower wishes to remain anonymous, the recipient of the Disclosure must keep the Whistleblower’s identity confidential, unless disclosure is required by law or is necessary to prevent or lessen a serious threat to a person’s health or safety.
Disclosure of Reportable Conduct may also be made through FairCall, an external and independent provider, contracted by MUFG Pension & Market Services to receive Disclosures impartially and confidentially. When an anonymous or partially anonymous Disclosure is made to FairCall, the identifying information of the Whistleblower will not be provided to MUFG Pension & Market Services.
You can contact FairCall by:
Telephone: | 1 800 500 965 (within Australia) 0 800 100 526 (within New Zealand) 0808 234 7091 (within UK) 1800 200 625 (within Ireland) 0008 0004 022 32 (within India) +61 2 9335 8785 (all other countries) |
Online | www.kpmgfaircall.kpmg.com.au/MUFGPensionandMarket |
The FairCall Manager KPMG Forensic PO Box H67 Australia Square Sydney NSW 1213 Australia |
You may make a Disclosure or report a breach of your protections as a Whistleblower to an external party listed below and still qualify for protections, in accordance with your jurisdictional laws or regulations.
Important: Disclosures relating to conduct of MUFG Pension & Market Services can also be made by clients, suppliers or other third parties, in which case they will be managed the same way in accordance with this Policy and Whistleblower Procedure. On the other hand, MUFG Pension & Market Services may also receive Disclosures relating to conduct of a third party (e. g. client or supplier) that has impact on MUFG Pension & Market Services. In this case, the third party may need to be engaged for the investigation, and their Whistleblower Policy should be consulted. |
It is important that the appointed WIO conduct a fair, impartial and thorough investigation of the matter without bias, as such there should be no material conflicts of interest between the WIO and the subject of the Disclosure of Reportable Conduct, and the WIO needs to have appropriate level of authority and experience to conduct the investigation.
All records relating to a Disclosure of Reportable Conduct are to be retained in secure storage for the period outlined in the relevant Record Retention Schedule, in accordance with the MUFG Pension & Market Services Data Retention Policy.
On an annual basis, all MUFG Pension & Market Services directors, employees and contractors are required to undergo MUFG Pension & Market Services’ Code of Conduct & Ethics training that includes a module on whistleblowing. There may be additional whistleblowing training for certain roles.
This Policy is available on the MUFG Pension & Market Services public website, intranet, and on request from any member of divisional Risk and Compliance teams or ERM team.
Roles | Responsibilities |
All directors, employees and contractors of MUFG Pension & Market Services and its subsidiaries |
All directors, employees and contractors of MUFG Pension & Market Services and its subsidiaries who have knowledge of a Reportable Conduct have a responsibility to report in accordance with this Policy and Speak Up Program.
Investigations will be conducted independent of the Whistleblower and any person who is the subject of the Disclosure. All other directors, employees and contractors must assist the investigation when required. |
Enterprise Risk Management (ERM) |
Key responsibilities include:
|
Whistleblowing Investigation Officer (WIO) |
Key responsibilities include:
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Whistleblowing Protection Officer (WPO) |
Key responsibilities include:
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The ERM team (except where a Disclosure of Reportable Conduct relates to them in which case the Chair of the BRCC) must report to the BRCC:
The reports shall maintain the confidentiality of individual Whistleblowers.
The WPO, or their delegate, must also report promptly to any regulators where the regulator’s rules or regulations require this, for example in contested employment claims where a claimant successfully based all or part of their claim on a Disclosure.
If a person who makes a Disclosure of Reportable Conduct considers that their Disclosure has not been dealt with in accordance with this Policy, or that they have been subject to retribution or other detriment because of the Disclosure, the matter should be escalated to the WPO in the first instance or otherwise to the Chair of BRCC. The WPO, in consultation with the Chair of BRCC, will determine the most appropriate course for handling the matter, which may include informal resolution options or a formal investigation.
Any matters of a criminal nature will be reported by the WPO, in consultation with the Chair of the BRCC, to the police and, if appropriate, other appropriate regulatory authorities.
Non-compliance with the Policy will be dealt with in accordance with established administrative or disciplinary procedures which may result in disciplinary action, including termination of employment or engagement. Such persons may also face civil or criminal actions.
MUFG Pension & Market Services Persons who cause, or threaten to cause, detriment to a Whistleblower, or who directly or indirectly cause the identity of a Whistleblower to be made known, may be subject to disciplinary action up to and including termination of employment or engagement. Such persons may also be found to be civilly or criminally liable.
Please ensure you are familiar with the following MUFG Pension & Market Services documentations:
Related external sources include:
Australia
New Zealand
UK
Team | Definition |
Detriment |
Negative outcome, stemming from one or more of the following actions:
|
Disclosure |
The deliberate and voluntary disclosure or attempted disclosure of information that alleges the existence of Reportable Conduct. |
Emergency Disclosure |
In Australia, an emergency disclosure is the disclosure of information to a journalist or parliamentarian, where:
|
MUFG Pension & Market Services | MUFG Pension & Market Services Holdings Pty Limited and all of its subsidiaries. |
MUFG Pension & Market Services Person | Current and former directors, officers, employees, contractors, consultants, suppliers, third party providers, secondees and advisers of MUFG Pension & Market Services, and includes relatives and dependents of any of those persons. |
Public Interest Disclosure |
Disclosure In Australia, a “public interest disclosure” is the disclosure of information to a journalist or parliamentarian, where:
|
Reasonable belief | Reasonable belief means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law. |
Reportable Conduct |
Actual or suspected illegal, unacceptable, or undesirable conduct. This may include conduct or behaviour (actual or attempted) that is:
Reportable Conduct can include the conduct of a MUFG Pension & Market Services Person or a third party such as a supplier or service provider. Where a jurisdiction’s equivalent requirements of reportable conduct extend beyond the basic definition in this Policy (including for example in the UK, where a disclosure is required to be in the public interest), it is the intention of this Policy that the protections it affords cover any and all such extended requirements. |
Whistleblower | A person who Discloses (or attempts to Disclose) Reportable Conduct. |
Whistleblowing Investigations Officer (WIO) | A WIO is the person who has been appointed to investigate into the Disclosure of Reportable Conduct. |
Whistleblowing Protection Officer (WPO) | A WPO is the person who has been appointed within MUFG Pension & Market Services to be responsible for protecting or safeguarding Whistleblowers and ensuring the integrity of the reporting mechanism. |
Download |
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Whistleblower Policy |
[Published- 26 August 2024]