Policy Statement
Whistleblowing is the name given to the act of the disclosure of information to the employer or the relevant authority by an individual who knows, or suspects, that the Organisation is responsible for or taken part in some wrongdoing. Those making qualifying disclosures are protected against dismissal or detriment by The Public Interest Disclosure Act 1998.
The aim of this policy is to encourage employees and others who have serious concerns about any aspect of Austin Elliot’s work to come forward and voice those concerns.
Whistleblowing is viewed by Austin Elliot as a positive act that can make valuable contribution to our efficiency and long-term success. It is not disloyal to colleagues or the Company to speak up. Austin Elliot is committed to achieving the highest possible standards of service and the highest possible ethical standards in all of its practices. To help achieve these standards it encourages freedom of expression.
If you are considering raising a concern you should read this Policy first. It explains:
Policy Aims
The Policy is designed to ensure that you can raise your concerns about wrongdoing or malpractice within Austin Elliot without fear of victimisation, subsequent discrimination, disadvantage or dismissal. It is also intended to encourage and enable you to raise serious concerns rather than ignoring a problem or ‘blowing the whistle’ outside.
This Policy aims to:
The Whistleblowing Policy is not intended to replace existing procedures:
Who can raise a concern under this Policy?
The Policy applies to all:
What should be reported?
Certain disclosures are prescribed by law as “qualifying disclosures”. A qualifying disclosure means the disclosure of information that you genuinely and reasonably believe is in the public interest and shows that Austin Elliot has committed a “relevant failure” by:
These acts can be in the past, present or future, so that, for example, a disclosure qualifies if it relates to environmental damage that has happened, is happening, or is likely to happen. Austin Elliot will take any concerns that you may raise relating to the above matters very seriously.
Your legal rights
The Employment Rights Act 1996 provides protection for workers who ‘blow the whistle’ where they reasonably believe that some form of illegality, injustice or breach of health and safety has occurred or is likely to occur. The disclosure has to be “in the public interest”. We encourage you to use the procedure to raise any such concerns.
Should the concern not meet the requirement to be a qualifying disclosure, you should raise this under our grievance policy. Where a concern is raised under the whistleblowing policy where it is not appropriate to do so, i.e. it relates to a personal grievance, the receiving manager will confirm that the matter will be addressed under the grievance policy.
Harassment or Victimisation
Austin Elliot is committed to good practice and high standards and to being supportive of you as an employee. We recognise that the decision to report a concern can be a difficult one to make. If you honestly and reasonably believe what you are saying is true, you should have nothing to fear because you will be doing your duty to your employer, your colleagues and those for whom you are providing a service.
Austin Elliot will not tolerate any harassment or victimisation of a whistleblower (including informal pressures) and will take appropriate action to protect you when you raise a concern in good faith and will treat this as a serious disciplinary offence which will be dealt with under the disciplinary rules and procedure.
Support to you
Throughout the process you will be given full support from senior management and your concerns will be taken seriously. If appropriate, Austin Elliot will consider temporarily re-deploying you for the period of the investigation. For those who are not employees, Austin Elliot will endeavour to provide appropriate advice and support wherever possible.
Confidentiality
All concerns will be treated in confidence and every effort will be made not to reveal your identity if that is your wish. If disciplinary or other proceedings follow the investigation, it may not be possible to take action as a result of your disclosure without your help, so you may be asked to come forward as a witness. If you agree to this, you will be offered advice and support.
Untrue allegations
If you make an allegation in good faith and reasonably believe it to be true, but it is not confirmed by the investigation, Austin Elliot will recognise your concern, and you have nothing to fear. If, however, you make an allegation frivolously, maliciously or for personal gain, appropriate action that could include disciplinary action, may be taken.
The procedure
Who you should raise your concern with will depend on the seriousness and sensitivity of the issues involved and who is suspected of the wrongdoing. You should normally raise concerns with:
If you are unsure who to contact, the independent charity Protect can advise you. They offer a free and confidential helpline on 020 3117 2520.
You may raise your concern by telephone, in person or in writing. The earlier you express your concern, the easier it is to take action. You will need to provide the following information:
Although you are not expected to prove beyond doubt the truth of your suspicion, you will need to demonstrate to the person contacted that you have a genuine concern relating to suspected wrongdoing or malpractice within Austin Elliot and there are reasonable grounds for your concern.
You may wish to consider discussing your concern with a colleague first and you may find it easier to raise the matter if there are two (or more) of you who have had the same experience or concerns. You may invite your professional association representative or a friend to be present for support during any meetings or interviews in connection with the concerns you have raised.
In order to be fair to all employees, 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.
Within 10 working days of a concern being raised, the person investigating your concern will write to you acknowledging that the concern has been received, indicating how Austin Elliot proposes to deal with the matter, providing you with support mechanisms and informing you whether further investigation will take place and if not, why not.
It is likely that you will be interviewed to ensure that your disclosure is fully understood. Any meeting can be arranged away from your workplace, if you wish, and a professional association representative or a friend may accompany you in support.
If an investigation is required, it will aim to gather all relevant information including relevant documentary evidence or witness statements. 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, such as allegations of ill treatment of others, suspension from work may have to be considered immediately. Protection of others is paramount in all cases.
Where an investigation is required, it will be managed as quickly as possible following receipt of the disclosure. You need to be assured that your disclosure has been properly addressed, so unless there are any legal reasons why this cannot be done, you will be kept informed of the progress and outcome of any investigation.
If you are not satisfied with the explanation or outcome, you may raise the matter with the police or other relevant bodies prescribed by legislation.
This Policy does not prevent you from taking your own legal advice.
Formal action
Should formal action be required as a result of any disclosure made under this policy, this action will be carried out in accordance with the applicable internal policy. Any potential sanctions imposed will be fair and reasonable in line with the relevant policy.
