Whistle Blowing Policy

Transcription

1 Whistle Blowing Policy

2 Whistle Blowing Policy and Procedure Purpose William Freer Ltd is committed to being open, honest and accountable. It encourages a free and open culture in its dealings between management and workers. In the course of normal employment, employees may raise problems or complaints about work practices that are dealt with informally at source. Whistle blowing, or public interest disclosure, is when a worker reports a concern about the improper actions or omissions of their colleagues or their employer which may cause harm to others or to the organization. This policy is to inform employees about the procedure to follow where an employee believes and provides information to the organisation about its practices and, raising concerns about danger or illegalities that affect others or the general public in relation to the Public Interest Disclosure Act 1998 (whistle blowing). The Act protects most workers against unfair dismissal or being subjected to any other detriment (such as denial of promotion, pay rise or training) for making disclosures about wrongdoing. Any worker not reporting the misconduct of colleagues without legal justification may be subject to disciplinary action due to collusion to conceal. If in doubt report it. Principles A qualifying disclosure under the Act relates to: A criminal offence A failure to comply with any legal obligation A miscarriage of justice A health and safety risk to an individual Damage to the environment Or concealment of the above

3 The disclosure must be made in good faith. In other words the disclosure must be made out of real concern about wrongdoing. Knowingly and maliciously making false accusations for ulterior motives is not whistle blowing. The whistle blower should reasonably believe an allegation is substantially true, even if the information later turns out to be incorrect. Victimisation is a disciplinary offence as is knowingly raising malicious untrue allegations. Whistle blowing is not the same as making a complaint or raising a grievance, where the individual is saying that they have personally been poorly treated. A whistle blower is usually not directly or personally affected by the concern and therefore rarely has a direct personal interest in the outcome of any investigation into their concerns. A whistle blower is not expected to prove or investigate their report. Staff that act illegally to obtain information for the purpose of submitting a Public Interest Disclosure will be held personally liable for any breaches in the law. If the employee feels uncomfortable raising their concern with the Manager then they can raise it with any senior member of staff of their choice. The whistle blower raises the concern so that others can address it. Examples of concern may include: An employee defrauding the organization The physical or emotional abuse of a vulnerable person The taking of payments or gifts in breach of policy Danger to the Health & Safety of any individual This list is not definitive so staff should report any concerns no matter how trivial, and may seek clarity at supervision sessions. An employee who makes a report will be supported and protected from reprisals. Confidentiality can be offered to any worker but there may be circumstances when their identity might have to be revealed such as when you are ordered by court. A whistle blowing policy improves trust and confidence among workers by creating a culture of honesty and openness by encouraging workers to report internally. Whistleblowing will enable problems to be caught quickly and tackled before becoming a crisis.

4 Scope This policy applies to all employees and management who are full time or part time, temporary or permanent and those on fixed term contracts. Former employees will also have access to this policy after their employment had been terminated if they wish to use this. This policy does not apply to genuinely self-employed and volunteers. Procedure 1. If an employee wishes to make a Public Interest Disclosure, they should first aim to bring the matter to the attention of the Managing Director or the manager on duty. This would enable concerns to be heard and investigated as quickly as possible. This procedure is to ensure that evidence of any malpractice brought to the attention of, or presented to, the organization is fully investigated and, if necessary, put right and the appropriate action taken. Staff are encouraged to use this procedure as opposed to reporting concerns anonymously. 2. Once a disclosure has been made in good faith to a manager or employer it will be protected under the Act. This should normally be the first route for workers, rather than having to disclose the concern externally. However it does mean that the matter should be dealt with by employers, quickly and thoroughly. If the matter is not dealt with internally, whistle blowers can disclose to appropriate external bodies. The Act protects disclosures made to prescribed bodies such as the Police, Health and Safety Executive, the Inland Revenue, the Audit Commission, the Charity Commission, the Commission for Social Care Inspection, the Financial Services. The disclosure is also protected if it is made to a legal advisor in order to obtain legal advice. 3. If the whistle-blower fears they may be victimised, or that a cover-up is likely or there is no appropriate prescribed regulator, or if the matter has already been raised internally or with a prescribed body, wider disclosures can be made and still be protected. Wider disclosures might be to another professional body, the police, an MP, the media etc. They should still be reasonable in all circumstances taking into account the seriousness of the matter and likelihood of reoccurrence. Reasonableness would also include consideration of whether the worker first followed any internal whistleblowing procedure the organisation may have.

5 4. Concerns raised anonymously tend to be far less effective but the Manager will decide whether or not to consider the matter taking into account: The seriousness of the matter Whether the concern is believable Whether an investigation can be carried out based on the information provided Responsibilities The officer designated to handle whistle blowing concerns is the Managing Director or the manager on duty in their absence. If the manager on duty cannot deal with the matter it will be referred to the Managing Director at the earliest opportunity. If the matter concerns the Managing Director then it should be referred to the Chairman. The concern must be investigated but how it is dealt with will depend on what it involves. It is likely that further enquiries and/or investigation will be necessary. It may be done through the disciplinary process or through the police or other agency such as social services, and external auditor or an independent investigator. It may be necessary for the individual to give evidence in criminal or disciplinary proceedings. The officer handling the concern must support the whistle blower, keeping them updated on progress and action to resolve the concern and the outcome of any action. If the suspicions are not confirmed by an investigation, the matter will be closed. Staff will not be treated or regarded any differently for raising the concern, and their confidentiality will continue to be protected. If in doubt, report it.