Whistleblowing Policy

Background

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to provide protection for workers who raise legitimate concerns about specified matters in the public interest. These are called "qualifying disclosures". A qualifying disclosure is one made by a worker who has a reasonable belief that:

  • a criminal offence;

  • a miscarriage of justice;

  • an act creating risk to health and safety;

  • an act causing damage to the environment;

  • a breach of any other legal obligation; or

  • concealment of any of the above; is being, has been, or is likely to be, committed. It is not necessary for you to have proof that such an act is being, has been, or is likely to be, committed - a reasonable belief is sufficient. You have no responsibility for investigating the matter - it is the organisation’s responsibility to ensure that an investigation takes place.

If you make a protected disclosure you have the right not to be dismissed, subjected to any other detriment, or victimised, because you have made a disclosure. We encourage you to raise your concerns under this procedure in the first instance.

Please note: The term "worker" is broad and includes employees, contractors, agency workers, and others working under a contract for the organisation. This policy applies to all such individuals.

Principles

  • Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Staff and others working on behalf of the organisation should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.

  • Any matter raised under this procedure will be investigated thoroughly, promptly, and confidentially**, and the outcome of the investigation reported back to the person who raised the issue.

  • No employee or other person working on behalf of the organisation will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the worker will not be prejudiced because they have raised a legitimate concern.

  • Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence.

  • If misconduct is discovered as a result of any investigation under this procedure our disciplinary procedure will be used, in addition to any appropriate external measures.

  • Maliciously making a false allegation is a disciplinary offence. However, a disclosure made in good faith, even if it subsequently proves to be unfounded, will not be treated as a malicious allegation. This policy is designed to encourage genuine concerns to be raised without fear.

  • An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. You should report the matter to the Chief Executive or the Chair of the Board of Trustees.

  • Support for Whistleblowers: The organisation is committed to supporting individuals who raise concerns under this policy. Beyond protection from victimisation, we will aim to provide regular updates on the progress of any investigation, where appropriate and legally permissible. We also encourage you to seek independent advice if you feel it is necessary, for example, from a legal professional or an organisation specialising in whistleblowing advice.

** Confidentiality: We will strive to protect the identity of individuals who make disclosures and will not disclose it without their consent, unless required by law or necessary for the proper investigation of the concern (e.g., where the concern cannot be investigated without revealing the source of the information). In such cases, we will endeavour to discuss this with you beforehand.

Procedure

This procedure is for disclosures about matters other than a breach of your own contract of employment, which should be raised with your line manager according to the grievance procedure in your service agreement.

Stage 1: Raising your concern with the CEO

In the first instance, any concerns should be raised with the CEO, who will arrange an investigation of the matter.

  • Upon receipt of your concern, the CEO will acknowledge it in writing, typically within 5 working days.

  • The investigation may involve you and other individuals involved giving a written statement. Any investigation will be carried out in accordance with the principles set out above. Your statement will be taken into account, and you will be asked to comment on any additional evidence obtained.

  • The CEO will aim to conclude investigations promptly, ideally within 20 working days, though complex cases may take longer. You will be kept informed of the progress and any significant delays.

  • The CEO will take any necessary action, including reporting the matter to the Chair of the Board of Trustees and any appropriate government department or regulatory agency. The CEO will also invoke any disciplinary action required.

  • On conclusion of any investigation, you will be told the outcome and what the organisation has done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

Stage 2: Escalating to the Chair of the Board of Trustees

If you are concerned that the CEO is involved in the wrongdoing, has failed to make a proper investigation, or has failed to report the outcome of the investigations to the relevant person, you should escalate the matter to the Chair of the Board of Trustees.

  • The Chair will acknowledge receipt of your escalated concern within 5 working days.

  • The Chair will arrange for a review of the investigation to be carried out, make any necessary enquiries and make their own report to the Board. This review will aim to be completed within 15 working days, with updates provided.

Stage 3: Reporting to an External Body

If on conclusion of stages 1 and 2 you reasonably believe that the appropriate action has not been taken, you should report the matter to the relevant external body. Examples below:

  • HM Revenue & Customs

  • The Health and Safety Executive

  • The Environment Agency

  • The Serious Fraud Office

  • The Charity Commission

  • The Pensions Regulator

  • The Information Commissioner

  • The Financial Conduct Authority

You can find the full list in The Public Interest Disclosure (Prescribed Persons) Order 2014 here.

Data Protection

When an individual makes a disclosure, we will process any personal data collected in accordance with the data protection policy. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the disclosure. For further information refer to the Enactus UK Data Protection Policy on the website.

Review and Accessibility of this Policy

This policy will be reviewed by the Board of Trustees annually, or sooner if there are changes in legislation or best practice. Any updates will be communicated to all staff and workers. In addition to on the website here, this policy is available on the organisation’s internal website.