Purpose
This policy sets out Dr Logic’s commitment to providing an effective way for serious concerns about colleagues or Dr Logic itself to be raised with confidence and without an individual having to worry about being victimised or disadvantaged in any way as a result.
Scope
This policy applies to everyone working for Dr Logic, or on behalf of, including employees at all levels whether permanent or temporary, contractors and third party representatives.
It is intended to enable those who become aware of wrongdoing to report their concerns at the earliest possible opportunity so that it can be properly investigated.
Key Points and Definitions
What is Whistleblowing?
‘Whistleblowing’ is a term used to refer to the internal or external disclosure of malpractice as well as illegal acts, or omissions, at work.
Protecting Individuals Using This Policy
The Public Interest Disclosure Act 1998 provides protection for those who raise legitimate concerns about specified matters. Known as a qualifying disclosure, these are made in good faith by an individual who has a reasonable belief that any of the matters outlined below are occurring:
- Criminal offences (including fraudulent and corrupt behaviour, eg theft, fraud, or malpractice)
- Miscarriages of justice
- Acts creating a risk to health and safety
- Acts causing damage to the environment
- Breaches of any other legal obligation
- Concealment of any of the above.
It is not necessary for the whistle-blower to have proof that such an act is being, has been, or is likely to be, committed as by law, it only needs to be demonstrated that it is reasonable to believe that the disclosure fits into one of the categories above and is in the public interest.
Public interest means it has to also affect others e.g. it affects other employees, clients or the general public or there are a large number of people affected by the concerns.
Protection starts from the beginning of employment and a whistle-blower can still be protected even if they no longer work for the employer they are making a disclosure about.
Whistle-blowers making a protected disclosure have the right not to be dismissed, subjected to any other detriment, or victimised. This is the case even were it to materialise that they were genuinely mistaken. Dr Logic is committed to achieving the highest possible standards and practices and to help achieve these standards it encourages all individuals to speak freely and will not tolerate any whistle-blower being subjected to a detriment as a result of their making a disclosure in good faith.
Malicious Disclosures
If it is found that a whistle-blower has maliciously raised a matter which they know to be untrue or that they are involved in any way in the malpractice, wrongdoing, or illegal acts or omissions, their behaviour will be addressed through the disciplinary procedure up to and including dismissal.
Non-Whistleblowing Concerns
This policy is only to be used in exceptional circumstances as outlined above. There are a number of other Dr Logic policies that will be relevant in other circumstances eg: where there are personal problems or concerns regarding employment terms and conditions or working relationships. This list includes but is not limited to:
- Equality, Diversity, and Inclusion Policy and Procedure
- Disciplinary Policy and Procedure
- Grievance Policy and Procedure
Raising a Concern
Whistleblowing concerns should be raised as soon as possible to enable any problems to be reported and addressed quickly. Written disclosures are preferable as this will form the basis of the process. In this disclosure, whistle-blowers should where possible:
- provide any relevant context and background, including relevant dates, venues, names and so on
- state clearly the reason why the situation causes concern and why there are reasonable grounds for believing wrongdoing has taken place / is taking place
- state whether you wish your identity to be kept confidential.
While Dr Logic will make every effort to deal with the case confidentially, depending on the circumstances, this may not always be possible. Where this is the case, the whistle-blower will be informed of this and the reasons why it was not possible.
Under the Public Interest Disclosure Act 1998, whistleblowing disclosures may be made to one of the following:
- Employer: Whistle-blowers should raise their concerns with their manager in the first instance. Where this is not appropriate because the manager may be involved in the alleged malpractice, wrongdoing, or illegal acts or omissions in some way, concerns should be raised with their manager. In some circumstances where it would be inappropriate to make either of these approaches, the matter should be raised directly with one of the Directors.
- Another person who is responsible for the wrongdoing: Disclosures can be made to a person other than the employer if the whistle-blower reasonably believes that the wrongdoing relates to their conduct eg: a contractor company who is responsible for a health and safety breach. Even though the disclosure is not made to the employer, the whistle-blower would still be protected by whistleblowing law if they were:
- subsequently dismissed by the employer for making the disclosure
- subjected to detriment because of making the disclosure
- A legal adviser: A disclosure will be protected if made to a legal adviser in the course of receiving legal advice.
- Government ministers: This only applies if the whistle-blower works for a statutory body.
- A prescribed person or body: In some cases, a whistle-blower might need to make a disclosure to an official person or body who has responsibility for the concerns eg: an auditor, a regulator or a government authority. Some of these official bodies are known as a ‘prescribed person or body’. To get the most protection, whistle-blowers should ensure the correct prescribed person or body is picked eg: breaches of health and safety regulations should be reported to the Health and Safety Executive or an appropriate local authority.
It’s also important that all instructions given by the prescribed person or body on how to make a disclosure are followed eg: completing forms or calling a specific telephone number.
- Any other person or body if there’s a good reason to, or if it’s related to an ‘exceptionally serious failure’: In very rare circumstances a whistle-blower may want to make a disclosure to another person or body about a failure which is exceptionally serious. There is no legal definition of what an exceptionally serious failure is and it would be up to a court or employment tribunal to decide whether it was reasonable for the disclosure to be made. In these circumstances, whistle-blowers are strongly urged to obtain legal advice or contact Protect, a UK whistleblowing charity which offers free legal advice
How Dr Logic Will Respond to Concerns
Dr Logic will respond to concerns raised by whistle-blowers as quickly as possible. In order to be fair to all, including those who may be wrongly or mistakenly accused, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take.
The investigation may need to be carried out under terms of strict confidentiality, i.e. by not informing the subject of the complaint until (or if) it becomes necessary to do so. In certain cases however, suspension from work may have to be considered immediately. Above all, the protection of others is paramount in all cases.
Where appropriate, the matters raised may be investigated by management, or through the disciplinary/grievance process or referral to external bodies such as the police. It is likely that all whistle-blowers will be interviewed to ensure that their disclosure is fully understood however Dr Logic will however do all that it can to minimise any difficulties a whistle-blower may experience as a result of raising a concern. A whistle-blower will also be kept informed of the progress and outcome of any investigation unless there are legal reasons why this can not be done.
Support & Advice
For any queries about this policy please find a list of useful contacts and sources of support below:
- Your manager
- Other managers within your team or across Dr Logic
- The HR team
- Mental Health First Aiders – a network of trained employees with skills to support anyone experiencing mental ill health. They are available to listen and sign post-appropriate support.
- The Employee Assistance Programme (EAP) via YuLife or BUPA
- Acas helpline for general advice https://www.acas.org.uk
Protect: A charity that aims to make whistleblowing work for individuals, organisations and society https://protect-advice.org.uk/