Whistleblowing Policy September 2024 - Legal Protection for Workers with Concerns at Work
In this section
- What is this about?
- What legal protection do I have?
- Will I be protected if I make a public disclosure?
- What support can I expect?
- What is the Council’s attitude to malpractice in the workplace?
- Who can blow the whistle?
- What can I blow the whistle about?
- How does the policy fit in with other Council policies?
- What if I am already involved in another HR procedure?
- How does this policy fit with the Members’ Code of Conduct?
- What if I want to make anonymous allegations?
- Is my identity kept confidential?
- How do I raise a concern?
- What happens after I have raised my concerns?
- How will we deal with your concerns?
- What happens if my concerns are not confirmed after an investigation?
- What happens if I am not happy with the Council’s response?
- Who is responsible for this policy?
- What happens to your ‘information’ and ‘personal data’?
- Appendices
Appendices
Appendix A
Appendix B
Appendix C
WHISTLEBLOWING CASE STUDIES
The following case studies have been produced by Public Concern at Work (PCaW), the whistleblowing charity, which advises individuals on their whistleblowing dilemmas and organisations on their whistleblowing arrangements.
They are examples of whistleblowing concerns that individuals have raised in other organisations.
Case 1 – Fraud in the NHS
The Story
Tim coordinated training for an NHS Trust. He was concerned that his boss was hiring a friend of his to deliver training on suspicious terms which were costing the Trust over £20,000 a year. More courses were booked than were needed and the friend was always paid when a course was cancelled. Although Tim asked his boss to get a credit note as with other training contracts, he never did. Tim also couldn’t understand why the friend was paid for training sessions delivered by NHS staff. One day when the boss was out, Tim saw the friend enter the boss’ office and leave an envelope. His suspicions aroused, Tim peeked inside and saw that it was filled with £20 notes, amounting to some £2,000. Unsure what to do, Tim called Public Concern at Work. Tim said his boss had lots of influence in the Trust and he was unsure who to tell, particularly as the Trust was being restructured and none of the directors were secure in their posts. Tim also recognised that the cash in the envelope was so brazen that there could be an innocent explanation.
What PCaW advised
PCaW advised Tim that the options were either to go to a director of the Trust or to the NHS Counter-Fraud Unit. Either way, we advised Tim to stick to the facts and focus on specific suspect arrangements and payments. We also said he should avoid the temptation to investigate the matter himself. Tim said he felt much better and would decide what to do over the holiday he was about to take.
What happened
On his return, Tim raised his concerns with a director at the Trust, who called in NHS Counter Fraud. Tim’s suspicions were right: his boss and the trainer pleaded guilty to stealing £9,000 from the NHS and each received 12 month jail terms suspended for two years.
Case 2 - Involving a Regulator
The Story
Ian worked as a safety inspector at an amusement park. He was responsible for maintaining one of the park’s most popular rides. Every morning he would carry out a safety inspection on the ride and, if it passed, he would sign the ride off as safe in the log. During one inspection, he noticed that pins on the axles which kept the carriages stable had become loose. Ian thought this presented a serious risk and notified his managers.
After what Ian felt was not a thorough examination, the Operations Manager cleared the ride as safe. Ian was unhappy with this and the next day, as no corrective action had been taken, he again could not sign off the ride as safe. Again the Operations Manager overruled Ian and he was assigned to other rides. Ian contacted us the same day. He was anxious that the weekend was coming up and that the park would be extremely busy. He was also worried that if he pursued the issue any further he would be dismissed.
What PCaW advised
PCaW advised Ian that they could contact the Health and Safety Executive (HSE) on his behalf and relay the information that he had given us without giving his name. However, it was more than likely that they would want to speak to him, if they felt that the situation was potentially serious. PCaW said they would explain Ian's anxieties about his position and ask the HSE to bear this in mind. Although he was unsure whether he would speak to the HSE, he asked us to make the initial contact. The HSE agreed that the situation sounded potentially serious. However, they told PCaW that they would need to speak to Ian. PCaW explained Ian’s fears that if the HSE suddenly turned up to inspect this particular ride, his employers would easily put two and two together and he would be out of a job. The HSE assured us that if they were to carry out an inspection, it could be done in such a way as not to make Ian’s role apparent. We went back to Ian and, after talking things through, he agreed that he would speak to the HSE.
What happened
Shortly afterwards the HSE made a ‘routine’ visit to the park during which they inspected the ride, along with several other rides. As a result of the inspection, the ride was suspended and the repairs were carried out.
Case 3 – Theft in a care home
The story
FA worked as a care assistant in an old people’s home. He and some of his colleagues were worried that SM, one of the managers, might be stealing cash from the residents. SM, looked after residents’ pocket money and kept a record of when sums were paid out. FA was fairly sure that money was recorded as being given out to particular residents when they had received none.
After a while, he thought he had to raise the concern as the amount involved was adding up. After he raised his concerns with the owners of the home, an investigation quickly found FA was right, SM was dismissed and the police were called in. Relations within the home were tense as some of SM’s friends strongly objected to the whistleblowing. Within weeks, FA was suspended over allegations that he had mistreated the residents. He rang us.
What PCaW advised
We advised that he should bite his lip and deal with these allegations squarely. Although the investigation found they had no substance, the owners decided to transfer FA to another home. FA was very unhappy and rang us again. We helped him draft a letter to the owners explaining that he wanted to stay at that home and that transferring him after he had blown the whistle would give out the wrong messages to other staff.
What happened
The owners reconsidered and FA stayed at the home. When FA rang to tell us that SM had been convicted of stealing £1400 from the residents, he said the atmosphere in the home was now much improved.