Whistle blowing Policy and Protected Disclosures
WHISTLE BLOWING POLICY AND PROTECTED DISCLOSURES – October 2021
1. PURPOSE AND SCOPE
1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. Rob Greenwood Painting and Decorating believes it has a duty to identify such situations and take the appropriate measures to remedy the situation. By encouraging a culture of openness within our organisation Rob Greenwood Painting and Decorating is committed to compliance with legislation, including but not limited to, the Bribery Act 2010 and further believes it can help prevent malpractice. That is the aim of this whistleblowing and protected disclosures policy. This whistle blowing policy applies to all employees of Rob Greenwood Painting and Decorating and to other workers within Rob Greenwood Painting and Decorating including sub-contractors, agency workers and home workers.
1.2 By encouraging a culture of openness Rob Greenwood Painting and Decorating wants to encourage employees and workers to raise issues which concern them at work. They may be worried that by reporting such issues they will be opening themselves up to detrimental treatment, or risking their job security; that is quite understandable but is not the case – all staff has statutory protection if they raise concerns in the right way. This policy is designed to give staff that opportunity and protection. Provided they are acting in good faith, it does not matter if they are mistaken. There is no question of employees having to prove anything about the allegation they are making but they must reasonably believe that the information they have tends to show some malpractice.
1.3 If there is anything which employees think Rob Greenwood Painting and Decorating should know about they should use the procedure outlined in this policy. By knowing about malpractice at an early stage Rob Greenwood Painting and Decorating stands a good chance of taking the necessary steps to safeguard the interests of all staff and protect the organisation. In short, employees should not hesitate to 'blow the whistle' on malpractice.
1.4 This policy is not the procedure for general, private or personal grievances. If an employee has a complaint about their own personal circumstances then they should use the normal grievance procedure. If an employee has concerns about malpractice within the organisation then they should use the procedure outlined in this policy.
1.5 Rob Greenwood Painting and Decorating has a separate policy dealing with Anti-Bribery and Anti-Corruption. Employees should report concerns about such issues using the process set out in that policy, instead of the process set out here.
1.6 The kinds of malpractice covered by this policy (“protected disclosures”) are:
1.6.1 criminal offence(s) has been committed, is being committed or is likely to be committed [(except those in relation to bribery and corruption, which should be reported using the procedure set out in the anti-bribery and corruption policy)];
1.6.2 failed to comply with a legal obligation, or is failing, or likely to fail with a legal obligation or obligations to which a person is subject (except in relation to bribery and corruption, which should be reported using the procedure set out in the anti-bribery and corruption policy)
1.6.3 miscarriages of justice, that has occurred, is occurring, or likely to occur;
1.6.4 danger to the health and safety of any individual has been, is being, or is likely to be, endangered;
1.6.5 damage to the environment, that has been, is being, or is likely to be, damaged;
1.6.6 deliberately concealing any of the above, including information tending to show any of the above, is being, or is likely to be deliberately concealed.
1.6.7 unethical or dishonest trading (except Bribery and corruption, which should be reported in accordance with our Anti-Bribery and Anti-Corruption Policy.
2. DISCLOSURE PROCEDURE – OUR GUARANTEE
2.1 Rob Greenwood Painting and Decorating is committed to this policy. If an employee uses this policy to raise a concern in good faith Rob Greenwood Painting and Decorating gives them its assurance that they will not suffer any form of retribution or detrimental treatment. Rob Greenwood Painting and Decorating will treat their concern seriously and act according to this policy. They – the whistle-blower – will not be asked to prove anything about the allegation they raise but they must reasonably believe that the information they have tends to show some malpractice. If an employee asks for a matter to be treated in confidence Rob Greenwood Painting and Decorating will respect their request and only make disclosures to third parties or other staff with their consent.
2.2 If an employee is concerned about any form of malpractice they should normally first raise the issue with their immediate superior. There is no special procedure for doing this — they can tell that person about the problem or put it in writing if they prefer.
2.3 If they feel they cannot tell their immediate superior, for whatever reason, they should raise the issue with Rob Greenwood.
2.4 If an employee has raised concerns and is still concerned, or the matter is so serious that they feel they cannot discuss it with either of the two persons named above, they should raise the matter with the following member of the board of management: Rob Greenwood at rob.greenwood100@gmail.com
2.5 Employees will not suffer any detriment of any form for making such disclosure in accordance with this procedure. However, failure to follow this procedure may result in the disclosure of information losing its ‘protected status’.
2.6 For further guidance in relation to whistle-blowing or concerning the use of the disclosure procedure generally, employees should speak in confidence to Rob Greenwood
3. HOW Rob Greenwood Painting and Decorating WILL RESPOND
3.1 After an employee has raised a concern, Rob Greenwood Painting and Decorating will decide how to respond in a responsible and appropriate manner under this policy. Usually this will involve making internal enquiries first, but it may be necessary to carry out an investigation at a later stage which may be formal or informal depending on the nature of the concern raised. [External investigators may be brought in where necessary.] Rob Greenwood Painting and Decorating will endeavour to complete investigations within a reasonable time.
3.2 Rob Greenwood Painting and Decorating will keep the employee informed of the progress of the investigation carried out and when it is completed. Rob Greenwood Painting and Decorating will not be able to inform them of any matters which would infringe the duty of confidentiality owed to others.
4. RAISING YOUR CONCERN EXTERNALLY (EXCEPTIONAL CASES)
4.1 The main purpose of this policy is to give the employee the opportunity and protection they need to raise concerns internally. Rob Greenwood Painting and Decorating would expect that in almost all cases raising concerns internally would be the most appropriate action for them to take.
4.2 However, if for whatever reason, they feel they cannot raise their concerns internally and they reasonably believe the information and any allegations are substantially true, they can consider raising the matter with the appropriate regulator. A list of the bodies currently listed as regulators for this purpose and the areas they are responsible for is available from Protect (see below).
Name of Regulator
Contact details
[e.g. Health & Safety Executive, Financial Services Authority]
[insert]
4.3 Caution: If an employee has good reasons for not using the internal or regulatory disclosure procedures described above, they may consider making wider disclosure by reporting the matter to the police or to the media, for example. However, whistle-blowers who make wider disclosures of this type will only be protected (from dismissal or suffering detrimental treatment) in certain circumstances. Rob Greenwood Painting and Decorating recommends that employees take legal advice before following this course of action since we believe it will be in employees’ own interests to do so.
4.4 Protect is a leading independent charity whose main objectives are to promote compliance with the law and good practice in the public, private and voluntary sectors. They are a source of further information and advice at https://protect-advice.org.uk/
4.5 Those using the procedure outlined in this policy to raise a concern in good faith are assured that they will not suffer any form of retribution or detrimental treatment. Any person who victimises a bona fide whistle-blower will be liable to disciplinary action. To ensure the protection of all our employees, those who maliciously make a false allegation will also be liable to disciplinary action.
4.6 If you have any questions about the application of this policy, please contact Rob Greenwood at rob.greenwood100@gmail.com
- end of WHISTLEBLOWING AND PROTECTED DISCLOSURES POLICY -
