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INTERNAL WHISTLE BLOWING – FRIEND OR FOE?

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INTERNAL WHISTLEBLOWING – FRIEND OR FOE?

Ben Henriques, Associate, Corker Binning

If knowledge is power, Whistle blowing is, potentially, a shot in the arm for any corporate body. The extensive new FCA measures concerning Whistle blowers, which came into force on 7 September 2016,provide a good opportunity for reflection on this sensitive topic.

Ben Henriques

Ben Henriques

Arguably, the increasing scrutiny faced by companies in today’s climate (together with the associated risk of prosecution) makes managed reporting of suspected wrongdoing and disclosure of information within an organisation increasingly more desirable. ‘Internal Whistle blowing’ can have great benefits for corporate bodies and may help them to navigate the growing minefield of corporate liability.

A poor or non-existent Whistle blowing policy can have disastrous consequences.For example, when the Whistle is blown externally via the media, such an outcome could have been avoided.

Whilst the perception of Whistle blowers in the corporate world is often negative, such views are usually based on the actions of what are sometimes called ‘External Whistle blowers’ (those disclosing information to prosecutors, regulators or the media). By contrast, ‘internal’ Whistle blowers (individual employees who report wrongdoing to their employer) are less talked about, but may be far more valuable.

What the Law says

Many countries now offer legislative protection for Whistle blowers. In the UK such protection is provided by the Public Interest Disclosure Act 1998 (‘PIDA’). The Act is a purely civil law statute and offers protection from dismissal as the result of a qualifying disclosure of various kinds of wrongdoing, including the commission of a criminal offence. The legislation applies to both internal and external Whistle blowing.

What PIDA does not do is offer any immunity from prosecution to the disclosing employee. This situation may discourage external Whistle blowing, especially if the employee has taken legal advice. Yet, the threat of prosecution may also make internal reporting of fraud and other malpractice more attractive to a potential discloser. From this point of view, PIDA makes the UK an ideal jurisdiction for the implementation of rigorous internal Whistle blowing policies. Indeed, those with the most knowledge about wrongdoing are usually those involved, and thus those most at risk of prosecution.

An EU dimension to the legislative framework surrounding Whistle blowing had just come into view when the June referendum struck. Whilst they may eventually become academic for the UK, for now the EU proposals make interesting reading.

In late 2015, the EU published proposals for a new system of reporting market abuse offences to European regulators.[1]They provide, among other things, that internal procedures for EU regulators make provision for Whistle blowing and make clear that the intention is that reporting should be anonymous (see more on the latter below).

Even Brexit will not prevent greater official interest in a firm’s Whistle blowing procedures. On 7 March 2015 the FCA introduced rules requiring regulated firms to appoint a ‘Whistle blowers’ Champion’ to take responsibility for, among other things:

‘ensuring and overseeing the integrity, independence and effectiveness of the firm’s policies and procedures on Whistle blowing’

In addition, on 7 September 2016, further FCA measures introduced:

‘Requirements on firms in relation to the adoption, and communication to UK-based employees, of appropriate internal procedures for handling reportable concerns made by Whistle blowers as part of an effective risk management system’

These requirements are far reaching (covering areas such as the formulation of the policy, communication with Whistle blowers, record keeping and training) and will have to be implemented with considerable care. Yet, the FCA (sensibly) leaves much of the detail to the individual firm. For example, firms are to establish ‘appropriate and effective arrangements’ and how to manage conflicts of interest is left very much in the corporate’s hands. 

What can the company gain?

Internal Whistle blowing has major advantages in addition to the prevention of further (or any) financial loss to a corporate. First, it gives the senior management greater control over a situation which might well otherwise have had explosive consequences. The corporate body can decide whether or not to self-report the uncovered wrongdoing to the authorities and more effectively control the flow of information to them.  One of the lessons of the recent SFO Standard Bank and XYZ cases is that early self-reporting can pay significant dividends in the context of a Deferred Prosecution Agreement.[2]

Second, Whistle blowing can enable a corporate body to manage, or even avoid,damaging public scrutiny. Assuming there is no legal duty to disclose the suspected fraud, the employees responsible can be dismissed and the activity remedied or prevented. If disclosure to the authorities is inevitable or deemed appropriate, at least the corporate body will not be taken by surprise and can begin preparing for the impending attentions of media organisations and authorities.

Whistle blowing v. Disciplinary Proceedings

Of course, all large corporates invest significant time and resources in creating compliance and disciplinary systems to prevent employees defrauding their employers. Such measures are however,imperfect and expensive. Even the most vigilant compliance department cannot watch every transaction and the more stringent a policy the greater its potential adverse impact on the corporate’s trade.

Inevitably, a single director or senior manager will know less about the minutiae of their corporate’s dealings than the workforce collectively. Of course they will know more about the overall strategy and be privy to much confidential information other workers are not, but the devil is very often in the detail. And the devil is fraud.

Whilst fraud is inherently difficult to estimate, it is undoubtedly extremely costly. Private sector fraud losses in the UK are estimated at over £144bn annually. Procurement fraud (often associated with malfeasance by employees) is believed to cost £127bn per annum. [3] Worse, there is some suggestion that fraud is on the rise[4]. Much of this activity could, in theory, have been reported by Whistle blowers and stopped at an early stage.

Honest employees working (literally) alongside fraudsters are very often best placed to notice and report the kind of wrongdoing. The question for the corporate is how to ensure both that employees make disclosures and that those disclosures are managed effectively.

Which policy?

The International Chamber of Commerce guidance on Whistle blowing includes examination of two questions that any corporate will need to consider when determining its Whistle blowing policy.

First is the question of anonymity. Should the Whistle blower be able to make their accusations without their name being revealed?Technically, it would be possible to have a completely anonymous system of reporting, such that even the receivers of the information were unaware of the identity of the Whistle blower. This is, perhaps, an extreme example but by no means an implausible one.

Firms will obviously want to avoid the use of a policy as a vehicle for untraceable bullying or undermining of employees. Equally, anonymity may make information harder to use, clarify or convert into evidence in court. Anonymity is, however, a key incentive for those who wish to come forward and may encourage frank and accurate disclosure.

For those firms operating in both the US and the EU, the anonymity of a Whistle blowing scheme can create serious issues. The restrictions of EU Directive 95/46/EC (which restricts the gathering and retention of data) can conflict with the requirement that entities listed on the US stock markets and their affiliates store data relating to Whistle blowing (as per the Sarbanes-Oxley Act 2002). A subsidiary of McDonalds has already become a casualty of this conflict and corporates will need to address the issue with care.

The second question is that of compulsion. Should employees be forced to use the Whistle blowing policy in preference to other (perhaps more informal) channels? The advantages of compulsion is clarity and a reinforcement of the importance of the policy.  On the other hand, compulsion can lead to abuse and even discourage some potential informants from coming forward.

Each corporate will of course want to create a Whistle blowing policy which meets its own needs. Any policy will obviously need to be work able in all the jurisdictions in which the entity operates.

Where now?

What is certain is that official intervention in the area of internal reporting of regulatory misconduct or crime (as exemplified by the new FCA measures) is here to stay, whatever impact the Brexit vote will have on the force of EU law in the UK. Internal reporting can have real benefits for corporates if implemented and used effectively,and those who swim with the tide are likely to gain significantly in the long term.

[1]See: Official Journal of the European Union, 15.12.15, available online at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015L2392

[2]See the Approved Judgment of Lord Leveson at para 22, available online

at, https://www.judiciary.gov.uk/wp-content/uploads/2015/11/sfo-v-standard-bank_Final_1.pdf

[3]See: Annual Fraud Indicator 2016 – available online at
http://www.pkf- littlejohn.com/sites/default/files/media/documents/protected/annual_fraud_indicator_report_may_2016.pdf

[4]See The Financial Cost of Fraud 2015, p.12, para 5.2

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Success beyond voice: Contact centres supporting retail shift online

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Success beyond voice: Contact centres supporting retail shift online 1

As the nation continues to overcome the challenges presented by COVID-19, customers have shifted their channel preferences, and contact centres have demonstrated typical resourcefulness in adapting rapidly and maintaining uptime. It has been a steep learning curve, as they not only learn to operate digitally, but also build an understanding of consumers’ new shopping behaviours.

The closure of stores meant demand for customer service escalated, resulting in long telephone wait times, and consumers quickly realised that they could switch to online channels to fulfil their customer service needs. As a response to this change in channel preference, some providers quickly ramped up chatbots, social channels and private messaging apps. For example, recent research conducted by the CCMA (Call Centre Management Association), in partnership with Puzzel, revealed that some brands opened up their direct messaging channels on social media for the very first time, in a bid to ensure support across popular channels such as Facebook and Twitter. For others, the pandemic underscored the value of migrating customer interactions to self-service channels to manage demand and ensure customer service advisors’ time is directed to problems that customers cannot solve themselves.

Faced with severe constraints in many aspects of their everyday lives, the fact that contact centres remained open for business has been gratefully received by consumers.  Even despite longer wait times, many contact centres reported skyrocketing customer satisfaction ratings due to lowered customer expectations. As the new normal starts to take hold, and customer expectations revert back, now is the time for contact centres to implement the right strategies to ensure customer satisfaction

ratings are maintained.

Jonathan Allan, Chief Marketing Officer, Puzzel, comments, “The short term reduction in customer expectations, which is driving increased customer satisfaction scores, will return to previous levels once we’ve all adapted to a new way of living. The accelerated move to online services and digital channels is, however, here to stay. Now, there is an increased expectation from consumers to receive support on social media, or to initiate a web to chat to receive immediate consultation or to book an appointment.

Allan continues, “Adapting to this multi-channel environment has become a necessity, not a nice to have, and relying on voice or email alone is no longer tenable. Customers expect to be able to initiate contact through their channel of choice, and to be able to start a conversation in one channel and seamlessly move between others. As customer’s expectations continue to rise, orchestrating these interactions is essential to ensure the most positive customer experiences, and enable the optimal selection of channels to drive efficiency and satisfaction. As customer behaviour changes for the long term, it is no longer viable to rely on only one channel for customer service as seamless customer experience becomes key to ensuring customer retention.”

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7 Ways to Grow a Profitable Hospitality Business

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7 Ways to Grow a Profitable Hospitality Business 2

7 Ways to Grow a Profitable Hospitality Business 3

Hospitality requires charisma and innovation

The hospitality industry is a multibillion-dollar industry with lots of career opportunities in hotels, theme parks, restaurants, country clubs, etc. It is one of the fastest-growing sectors as a lot of industries are involved in it. 

Though it can be very profitable for aspiring and established entrepreneurs, it can get challenging as it requires charisma, drive, and innovation to ensure you can meet your customers’ demands. Growing a hospitality business for profit requires a lot of thought and innovation. In this article, we’ll look at some practical ways to grow a profitable hospitality business. 

1. Yield Management

Yield management refers to anticipating, understanding, and influencing your customers’ behavior to increase your business revenue to the max. This principle was first used in the hospitality industry in the late 80s. The main objective of yield management is not just to increase your rates or occupancy; instead, it involves forecasting your business’ supply and demand through different key factors to maximize your revenue. Let us consider some yield management examples. If you have a hotel, yield management will allow you to maximize the profit you can make from a specific number of rooms that must be sold on a deadline. 

Another example is if you have a hotel located next to an event center or stadium, you will charge more for rooms than you do on a typical weekday or weekend during a conference or sporting event. Yield management involves targeting the right customer at the right time and selling for the right price. 

It involves using gathered data to understand your customers and their sensitivity to pricing and combining that with seasonal demand. High demand, seasonality, and special events can allow you to alter your rates to increase revenue. Though the idea isn’t to increase rates only, it also involves attracting the right customer at the right time. 

Yield management allows you to make more profit from your existing inventory.

7 Ways to Grow a Profitable Hospitality Business 4

Attract the right customer at the right time

2. Create a Website

Your hospitality business should have a well-maintained website as it adds to the first impression prospective customers have when they check out your business. For example, if you have a vacation rental, you can hire a competent web designer or a web design company to help you build a vacation rental website. Also, customers can make bookings through your website if you have one, and this will help you save more money as you will not have to rely on listing channels to gain customers. 

Though listing channels can help you get bookings, you’d have to pay a commission and follow the transaction terms, which you will not det. When you have your website, you’ll have more control over how you present your business to customers. You can display a photo slideshow with high-resolution images of the property or add other enticing features that will help you gain more customers. A professional website helps to give your business a professional image while making it more visible online.

7 Ways to Grow a Profitable Hospitality Business 5

Create a professional website

3. Maintain and Improve the Quality of Your Service

The hospitality industry is a highly competitive one, so it is important to stay on top of your game to gain more revenue. If your business is reputable for providing quality service, then you should maintain that standard. You can check out your competitors to get ideas on how to improve your service and set your business apart. This is very important as the reputation of your hospitality business is primarily determined and affected by your quality of service. 

If your customers are satisfied with your quality of service, they are more likely to recommend you to prospective clients. To get more ideas on how to improve your service, you can check the online reviews about your business. Check what your past clients have said about their experience, what they like, what they dislike, and any improvement they might suggest. Once you improve your service quality, new and old customers will be willing to pay more even if you increase your rates as they will get enough value for their money. To grow a profitable hospitality business, you should be ready to offer more value than your competitors.

7 Ways to Grow a Profitable Hospitality Business 6

Improve your customer service

4. Have an Active Social Media Presence

This is a great way of making your hospitality business more visible online. It is also a means of reaching prospective clients. Apart from creating and maintaining a website, you should have an active presence on Facebook, Twitter, and Instagram. 

These are where a bulk of your prospective clients are, and most brands take advantage of this. Nowadays, brands and businesses employ social media handlers that stay in charge of their social media pages. They are responsible for creating content and interacting with customers and prospective clients on social media. 

You can post images and videos of your property on social media to attract new customers. Another way you can grow your business on social media is through sponsored ads. Most social media platforms offer various forms of advertisements at a reasonable price. 

With sponsored ads, you have a higher chance of getting new customers or driving traffic to your website as you’d be able to reach a wider audience.

5. Create a Rental Agreement

If you are fully managing your business, then oral agreements with customers may not be enough. Your clients may have some assumptions about the terms and conditions or interpret the rules and regulations differently. 

Sites like Airbnb can take care of this for you if you are not fully managing your rentals. For example, you can easily create an Airbnb house manual visible to prospective clients once they click on your property. 

To avoid misconceptions and misunderstandings, you should create an agreement that will be visible on your website or any booking medium you prefer. Your guests will sign this agreement and protect both you and the guest if there is a dispute. 

Though the terms and conditions may vary depending on the type of hospitality business, you can consult a business attorney for verification before using the agreement for your business. 

A rental agreement should include information about the property, rental party details, occupancy limitations, the minimum stay requirements, house rules, rates and additional fees, cancellation policy, payment details, and the customer’s signature. 

You can add other details and terms depending on your type of business. Creating a rental agreement is an excellent way to ensure your hospitality business runs smoothly as it makes it easier to prevent and resolve disputes between you and your customers.

6. Make the Booking Process Easy

A complicated or strenuous booking process is likely to discourage new clients from patronizing your business. Firstly, your hospitality business should have an online booking and buying platform. 

A large percentage of people prefer to make bookings online. If your business does not have an online booking platform, you are bound to lose a lot of customers. If you choose to use listing sites or booking platforms, make sure the platform is reputable and offer good customer service. 

If you use your website for reservations, then customers should be able to make a booking with simple steps. The required information boxes should not be excessive. 

The less time your guests spend booking, the better. You should include additional informational text to help your guests through the booking process. Before your booking system goes live, ensure you pre-test it to make sure it’s hitch-free. Also, you can create a mobile app that allows your guests to make bookings and other transactions. 

7.    Keep in Touch with Your Customers

Apart from gaining new customers, a good way to grow a profitable hospitality business is retaining valuable customers. Guests will value a company that can offer a personalized experience. 

If your guests can get a personalized experience, they are more likely to make more bookings or refer your business to others. Always interact with your guests on a personal basis. You can send emails or appreciation messages after a successful booking. 

You can also refer your customers to your social media pages or ask them to sign up for your newsletter if they prefer to. Though you shouldn’t spam your customers with ads or emails, ensure you send information periodically about new offers, promotions, or other relevant details. 

This will help keep your business on your customers’ minds, thereby increasing the chances of having repeat bookings. Once you identify your most valuable customers, you should try to keep the communication lines open. Also, you can ask for referrals or recommendations from your long-term customers.

7 Ways to Grow a Profitable Hospitality Business 7

Keep in touch with your customers

Conclusion

As we have previously stated, the hospitality industry is very competitive. You need to come up with creative ways to market your business.  To ensure you get a steady flow of revenue from your hospitality business, ensure you follow these tips we have given above. Apart from these, always be on the lookout for new trends and innovations in the hospitality industry to help you stay on top of your game.

This is a Sponsored Feature.

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Finding and following your website’s ‘North Star Metric’

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Finding and following your website’s ‘North Star Metric’ 8

By Andy Woods, Design Director of Rouge Media

The ‘North Star Metric’ (NSM) is one of many seemingly confusing terms to come out of Silicon Valley but its message is simple and universal.

It refers to the single metric businesses use to guide activity, drive key decisions and measure success. And while it may seem naïve on the surface, to boil business success down to a single metric, there is a method to the apparent madness.

It doesn’t mean businesses simply ignore all other performance data but instead measure it against the overarching goal they’re working towards.

Here’s how businesses can create their own North Star Metric and follow it to website success.

What is a North Star Metric?

The idea of a North Star Metric is to focus on the goal which delivers the most value for the business and its customers.

It’s a popular strategy adopted by successful business around the world. For example, Spotify set its North Star Metric as ‘time spent listening’, while Amazon focused on ‘purchases per month’. Every business decision was then geared towards increasing these metrics.

For the business, this increase means greater advertising revenue and sales, while for users, spending more time using the service or making more purchases shows the platform is meeting their needs.

Chasing this North Star Metric sees businesses align their efforts towards a single goal. For ecommerce businesses, this means sales and marketing activity is aimed at taking users to the website, where service experts provide relevant content and information and website designers add natural calls to action.

Finding the North Star Metric for your website project, whether it be sign-ups, purchases or more time spent on site, allows the whole team – plus your agency, if you work with one – to move in the same direction.

What does a successful NSM look like?

Nominating your NSM before undertaking a website project allows you to focus all your efforts in design, functionality and content on delivering your goal.

However, some businesses may have been operating for years with a North Star Metric that isn’t quite right. If you’ve been focusing your efforts towards a goal which isn’t driving value for the business or customers, and for which you struggle to measure impact, you may need to switch focus.

Key considerations for making sure your NSM delivers a positive impact for your business include:

Generating engagement: the internet is full of businesses fighting for custom and users don’t owe them anything. If a website doesn’t give them what they need, they can find one that does within minutes.   

Solving consumer challenges: Customers want a product or service that solves their problems and they want it now. Does your website contain information that answers their questions? Does it call out the key features of your product or service that makes their life easier?

Building trust: The chances are, many businesses offer a similar product or service to you. Customers need to know your business is trustworthy if they’re to part with their cash. Case studies, awards and user reviews are examples of content which can improve your brand authority.

Finding your website’s NSM

Identifying your NSM doesn’t mean picking a goal that sounds good in the boardroom. It needs to be a targeted, realistic and measurable goal.

Andy Woods

Andy Woods

Dial-in on your NSM by answering these three questions:

What is the single most important thing your website should deliver? The answer to this should be simple and obvious – more sales, sign-ups, downloads or leads.

What do users want from the site? You’re likely to have many users, so try to identify your main three here. What are they looking for when they enter your site? Advice, a product, a follow-up from an employee?

Which metrics tie together the above? You need to be able to measure your performance in answering these questions. If you’re after more leads, monitoring on-site user data – like time spent on site and number of pages visited – gives you an indication of what users want and how well you’re meeting their needs.

There are many questions to answer when finding your NSM. A useful way to arrange the information is in a visual hierarchy. Place your NSM at the top, with the answers to these key questions as branches.

Breaking it down into a visual flow chart like this also helps with gaining crucial buy-in from the whole business, with teams visualising how their role fits into the wider goal.

Final destination

As your business grows and industry and user demands change, you may need to adapt your NSM.

If you’ve been working towards an appropriate NSM, it may only need tweaking slightly. For example, as a start-up, your NSM may have been building awareness by generating more leads. After a few successful years, the business may decide to switch the focus from leads to online sales.

While the metric changes slightly, the original strategy has already laid the foundations for the new goal, with your website designed to drive traffic and provide helpful content to inform users’ buying decisions.

Using analytics data, businesses can make changes to their website to align with their changing goals. Look at how users are behaving on your site. Are there ways you can encourage them to convert or sign-up?

This data helps you understand where to add calls to action or how to improve website design and functionality, so completing a form becomes a natural part of navigating the site and accessing content.

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