Appendix 17 - Public Interest Disclosure (Whistleblowing) Policy
Tracklements recognise that effective and honest communication is essential if concerns about breaches or failures are to be effectively dealt with and our success ensured.
This policy is designed to provide guidance to all those who work with or within Tracklements (including casual and temporary employees) who may from time to time feel that they need to raise certain issues relating to the business with someone in confidence.
The Company undertakes to comply with all applicable laws relating to the prohibition of retaliation against good-faith whistleblowers; see the Public Interest Disclosure Act 1988, which gives to workers who whistleblow protection against victimisation or dismissal.
Any person who in the public interest raises genuine concerns under this policy will not under any circumstances be subjected to any form of detriment or disadvantage as a result of having raised their concerns. The victimisation or harassment of an individual making a protected disclosure is a disciplinary offence.
This policy applies where you reasonably believe that one of the following sets of circumstances is occurring, has occurred or may occur within Tracklements and that your disclosure is in the public interest:
a criminal offence has been committed, is being committed or is likely to be committed
a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject
a miscarriage of justice has occurred, is occurring or is likely to occur
the health and safety of any individual has been, is being or is likely to be endangered
the environment has been, is being or is likely to be damaged
information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed. Where the nature of a disclosure is not included in the above list, it should be made by way of the Company's grievance procedure and not under this whistleblowing policy.
It is not necessary that you prove the breach or failure that you are alleging has occurred or is likely to occur, you may simply raise a reasonable suspicion. However, you should note that you will not be protected from the consequences of making such a disclosure if, by doing so, you commit a criminal offence.
Procedure
It is particularly important in matters concerning the health, safety and welfare of those on our premises that anyone who becomes aware of a hazard or dangerous occurrence is expressly required to immediately notify [Job title] before making any other report not least so that immediate action can be taken if necessary to deal with the hazard.
Failure to notify the Company when reasonably aware or certain of an occurrence included in the list of categories of disclosures above is regarded by the Organisation as misconduct. Failure to notify internally before notifying externally without good cause is also regarded as misconduct. Only if you have reasonable grounds for believing that [Job title] may be involved, may contact be made to an outside body in the first instance.
If you believe that any of the above practices are happening in Tracklements the following procedure should be followed:
First raise the issues with your Manager, who will treat the matter in confidence.
If it is not appropriate to raise the issues with your Manager you should raise the issue with a more senior member of management, or, if not possible, another member of management at the same level.
It is likely that an investigation will be necessary and you may be required to attend an investigatory meeting as a witness.
At the investigation meeting you will need to explain fully the nature and extent of what you believe is the problem. You may bring a colleague to help you explain the situation more clearly if you wish.
Depending on the nature of your complaint, it may not be possible to find an immediate solution but your concerns will be investigated as quickly as is reasonably possible and where possible providing such disclosure does not breach confidentiality, you will be advised of the outcome of the investigation in due course. As a minimum you will be advised when any investigation has been completed and that appropriate action has been taken although you may not be informed of the specific details of the action that has been taken.
Where it is necessary for your disclosure and the investigative meeting minutes to be supplied to an employee as part of the evidence supporting disciplinary action, appropriate steps will be taken to ensure that your working environment and/or working relationship is/are not prejudiced by the fact of the disclosure.
Where requested, the Company will keep the identity of the discloser confidential as far as possible. However, in certain circumstances you may be needed as a witness. If this happens, [Job title] will inform you at the earliest opportunity.
If you are dissatisfied with the outcome of this procedure you may raise the matter with a Director, if you remain dissatisfied with the outcome you have the right to express your concerns to the relevant Prescribed Person designated by the Public Interest Disclosure (Prescribed Persons) Order 2014 or any statute or statutory instrument which subsequently supersedes this legislation.
If you reasonably believe that the relevant failure as listed in any of the above practices relates wholly or mainly to the conduct of a person other than someone in Tracklements or any other matter for which a person other than Tracklements has legal responsibility, then you should make that disclosure to that other person.
Also, you may make such a disclosure to Public Concern at Work, the leading authority on public interest whistleblowing, if you consider that it has an interest in the matter and, despite the best efforts of Tracklements, you believe that disclosure within Tracklements is inappropriate or as noted previously has been unsuccessful. Disclosures made to legal advisors in the course of obtaining legal advice will be protected.
If any disclosure concerns information which you do not substantially believe is true or is made in bad faith (for instance in order to cause disruption within the business), or indeed if the disclosure is made for personal gain, then you may become subject to action under the Disciplinary Procedure, which could include dismissal.
While Tracklements hopes that such disclosures will never be necessary, it also recognises that it may find itself in circumstances which are new to it. Each case will be treated on its own facts.