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The Public Interest Disclosure Act 1998 came into force in July 1999. It is applicable in England, Scotland & Wales and gives statutory protection against victimisation and dismissal to employees and workers who voice their concerns about wrongdoings in the workplace.
This statutory protection relates to “qualifying disclosures” of information by a worker concerning specified types of wrongdoing or malpractice:
A “qualifying disclosure of information that the employee reasonably believes tends to show that one or more of the above is occurring, has occurred or is likely to occur.
This policy is designed to assure any employee who has a genuine concern about a malpractice or wrongdoing at work that, providing they make their disclosure in good faith, they need not fear dismissal or any other form of victimization, recrimination or disadvantage.
This organization is committed to the highest standards of conduct, honesty and accountability. Accordingly, malpractice and wrongdoing in the workplace will not be tolerated and any such bona fide claims will be treated seriously.
To enable us to maintain this commitment, any employee who has a genuine belief that there is evidence of malpractice, a danger to the health and safety of anyone associated with this undertaking, or wrongdoing in the organization, is assured that they may raise genuine concerns without fear of dismissal or any other form of victimization, recrimination or disadvantage.
This policy is applicable to all employees.
Any concern raised will be treated in confidence and if you so wish we will endeavour to protect, so far as it is possible, your identity. You are encouraged to raise such a concern through our internal procedures rather than externally. This will ensure that the matter is dealt with speedily and at a level appropriate to the nature and seriousness of the allegation.
All allegations of malpractice and wrongdoing, together with the responses to them, will be properly recorded and the employee who raised the concern will be informed as to the outcome of any investigation.
Where your allegation has been discredited no action will be taken against you providing the allegation was made in good faith. Any allegations you make maliciously or for personal gain may result in disciplinary action being taken against you.
This procedure for raising a “whistle blowing” concern internally is separate from our Grievance Procedure which exists to allow an employee to raise an internal query, grievance, complaint or problem which specifically relates to them as an individual, or to them as a group of colleagues.
A disclosure may be made verbally or in writing and should include as much factual information relating to the concern as possible, e.g. background information, relevant dates and a statement of who is believed to be involved.
You should normally first raise your concern with your Line Manager stating clearly, verbally or in writing, that you are lodging an official disclosure under the Company “Whistle Blowing” Procedure.
That any such disclosure has been made must immediately be communicated to a Director.
You will be written to, acknowledging receipt of your concern and a Directors decision as to whether or not the matter will proceed any further.
Your concern will only be actioned if it is concluded that the grounds for raising your concerns are reasonable and your disclosure is made in good faith.
Assuming that it is concluded that the disclosure is made in good faith, and there are sufficient grounds or apprehensions for the matter to be taken further, a Director will immediately appoint an individual to be responsible for investigating the disclosure. The Director will then decide on the appropriate course of action to be followed.
Assuming that further investigations are undertaken you will be given an indication of the date by which the Company expects to conclude its investigation.
You will then be advised of the findings, subject to any legal constraints. You will not be advised of the detail of any disciplinary steps that the Company sees fit to invoke against any employee as a result of its findings as such matters are necessarily confidential.
Any employee lodging a disclosure under this procedure may be accompanied at any associated investigative meetings by a colleague of their choosing, subject to it being accepted by all parties that the components of any internal investigative meeting must be regarded and treated as being strictly confidential.
Exceptionally, you may wish to raise the matter externally. If you choose to make a disclosure to a “prescribed person”, e.g. the Health & Safety Executive or the police, you should ensure that you:
We recognise that there may be matters which cannot be dealt with satisfactorily on an internal basis only and that external authorities may need to become involved. In such cases, individuals should consult specialist advice.