Introduction
YMM is committed to the highest standards of openness, probity and accountability.
An important aspect of accountability and transparency is a mechanism to enable staff and others to voice concerns in a responsible and effective manner. The term ‘whistleblowing’ covers a disclosure around suspected malpractice or wrongdoing within the organisation which is made to a senior employee, a Board member or an outside person or body by any person who works for or comes into contact with YMM. We encourage any such person to raise concerns as soon as possible. should be arrangements to enable this to be done independently of management.
It is important that any fraud, misconduct or wrongdoing by staff or others working on behalf of the charity is reported and properly dealt with. We therefore require all individuals to raise any concerns that they may have about the conduct of others in the charity or the way in which the organisation is run. This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.
Background
The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to provide protection for workers who raise legitimate concerns about specified matters in the public interest. These are called ‘qualifying disclosures’. A qualifying disclosure is one made by an employee, trustee or volunteer who has a reasonable belief that any of the following is being, has been or is likely to be, committed:
● Financial malpractice or impropriety or fraud
● Failure to comply with a legal obligation or Statutes
● Dangers to Health & Safety or the environment
● Criminal activity
● Improper conduct or unethical behaviour
● A breach of any other legal obligation
● Concealment of any of the above
It is not necessary for you to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. You have no responsibility for investigating the matter – it is the charity’s responsibility to ensure that an investigation takes place.
If you make a protected disclosure you have the right not to be dismissed, subjected to any other detriment or victimised because you have made a disclosure. We encourage you to raise your concerns under this procedure in the first instance.
Safeguards
1. Protection
This policy is designed to offer protection to those employees of the charity who disclose such concerns provided the disclosure is made:
● in good faith
● in the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety
● if they make the disclosure to an appropriate person as per procedure (see below).
2. Confidentiality
The charity will treat all such disclosures in a confidential and sensitive manner. Whilst the charity aims to respect the confidentiality of the whistleblower, there are some circumstances, such as legal proceedings, where this may not be possible and the individual making the disclosure may need to provide a statement as part of the evidence required.
3. Anonymous Allegations
This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of the charity. In exercising this discretion, the factors to be considered will include:
● The seriousness of the issues raised
● The credibility of the concern
● The likelihood of confirming the allegation from attributable sources.
4. Untrue Allegations
If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual In making a disclosure. The individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken up to and including gross misconduct (in line with disciplinary procedure) against that individual.
Principles
● Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Staff and others working on behalf of the charity should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.
● Any matter raised under this procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the person who raised the issue.
● No employee or other person working on behalf of the charity will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the worker will not be prejudiced because they have raised a legitimate concern.
● Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence.
● If misconduct is discovered as a result of any investigation under this procedure, our disciplinary procedure will be used, in addition to any appropriate external measures. Maliciously making a false allegation is a disciplinary offence.
● An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. You should report the matter to the CEO, the Chair of Trustees or another Trustee.
Procedures for Making a Disclosure
For a worker to be protected under the Act, they must make the disclosure to the employer (YMM) first, or if they feel unable to do this they can contact Protect for advice (previously Public Concern at Work www.pcaw.org.uk)
Concerns may be raised either orally or in writing to either the CEO, The Chair of the Board of Trustees or another Trustee
Complaints of malpractice will be investigated by one of the above
If there is evidence of criminal activity, then the investigating officer should inform the police. The charity will ensure that any internal investigation does not hinder a formal police investigation.
This procedure is for disclosures about matters other than a breach of your own contract of employment, personal dispute or unfair treatment, which should be raised via the grievance procedure.
If, on conclusion of these procedures, you reasonably believe that the appropriate action has not been taken, you should report the matter to the relevant body. This includes:
● HM Revenue & Customs
● the Health and Safety Executive
● the Environment Agency
● the Serious Fraud Office
● the Charity Commission
● the Pensions Regulator
● the Information Commissioner
● the Financial Conduct Authority
You can find the full list here: Whistleblowing: list of prescribed people and bodies.
Timescales
Due to the varied nature of these sorts of complaints, which may involve internal investigators and/or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.
The investigating officer (either the CEO, the Chair of Trustees or an assigned Trustee) should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded. All responses to the complainant should be in writing and sent to their home address or via email.
Investigating Procedure
The investigating officer should follow these steps:
1. Full details and clarifications of the complaint should be obtained.
2. The investigating officer should inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a representative at any future interview or hearing held under the provision of these procedures.
3. The investigating officer should consider the involvement of the Charity auditors and the Police at this stage and should consult with the CEO or the Trustees/assigned Trustee should the CEO be the subject of the complaint or the investigating officer
4. The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals / bodies.
5. A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to the CEO and/or Trustees depending on who the subject of the complaint may be or who is investigating
6. The CEO and/or assigned Trustee will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Charity procedures.
7. The complainant should be kept informed of the progress of the investigations and, if appropriate, the outcome.
8. If appropriate, a copy of the outcomes will be passed to the Charity Auditors to enable a review of the procedures.
9. If the allegations are found to be unsubstantiated, all internal procedures have been exhausted and the whistleblower is not satisfied with the outcome, YMM recognises the right of the individual to make disclosures to relevant public bodies
10. It is a disciplinary matter to victimise a legitimate whistleblower
11. it is a disciplinary matter to make false allegations