Okay, i think i've answered the question...but im really not sure. I'll copy and paste what i've put below and see what you think... i think i've written far too much though. If u wish to take any of my notes feel free to do so :)
The Public Interest Disclosure Act was introduced in 1999 to give greater protection to whistleblowers. It tells us which disclosures can be protected, the circumstances in which such disclosures are protected and the people who may be protected.
The Standards Board for England’s Whistleblowing Policy and Procedure, are set out, in line with the Act.
The procedure to follow if an employee wishes to raise a concern is as follows:
• If an employee has a concern about malpractice, they can be raised verbally or in writing and should include the names of individuals against whom the allegations are made, the background, the nature of the malpractice that is alleged with relevant dates and the reasons for the concern.
• Their concerns should be raised first with their Line manager. However, if the disclosure concerns them, the employee should write to the Chief Executive or the HR Manager. Disclosures involving the Chief Executive should be raised with the Chair of the Board. Disclosures concerning a member of the senior management team (SMT) should be raised with the Chief Executive via the employee’s line manager. If the concern is regarding the HR Manager, the matter should then be raised with the employee’s line manager or a member of SMT. All receiving managers have a responsibility to act on the concerns raised in accordance with The Standards Board for England’s Whistleblowing Policy and Procedure.
• The Head of Legal will determine whether a concern constitutes a disclosure or whether it should be dealt with under another procedure (the employee will be informed of this). If the matter is dealt with under the Whistle blowing policy then the employee will be informed of the name of the investigating manager and how they can be contacted. The receiving manager will always inform the employee in writing of the process to be followed.
• An employee who raises a concern and is not satisfied with the final outcome or action proposed may appeal against the decision to a more senior manager within the Standards Board. However, if the employee still remains dissatisfied they can raise the matter further by contacting an outside agency such as, the National Audit Office or the Communities and Local Government.
During any investigation both parties are kept up to date with any progress made. Timescales for this are determined by the investigating manager and notified to both parties as part of the investigation process. Appropriate support is provided to both parties as required.
Both parties involved are given the opportunity to tell their version of the story and to defend any complaints made against them. All personal data shall be dealt with in compliance with the Personal Data Protection Act.
Where employees raise concerns in good faith and reasonably believe them to be true, they will be protected from possible reprisals or victimisation.
To be protected as a whistleblower they need to make a ‘qualifying disclosure’ about malpractice. This could be a disclosure about:
• Criminal offences
• Failure to comply with a legal obligation
• Miscarriages of justice
• Threats to an individual’s health and safety
• Damage to the environment
• A deliberate attempt to cover up any of the above
A qualifying disclosure will be protected only if they report their concern to the appropriate person and in the correct way. They must:
• Make the disclosure in good faith (with honest intent and without malice)
• Reasonably believe that the information, and any allegation they make, are substantially true
• Reasonably believe you are making the disclosure to the right 'prescribed person'
If they make a qualifying disclosure in good faith to their employer, or through a process that your employer has agreed, they are protected.
If they have been victimised or suffered detrimental treatment such as being demoted or denied promotion, because of blowing the whistle, they may be able to take their case to an Employment Tribunal.
All disclosures will be assessed and investigated discreetly. There is a strong emphasis on maintaining the confidentiality of both the whistleblower and the accused.
For instance, if the employee wishes to protect their identity, it will not be disclosed without consent. However, if the situation arises where a case cannot be resolved without revealing their identity, there will be a discussion as to how they can proceed.
Remaining anonymous can often be more difficult to investigate issues and provide feedback. While the Standard Board can consider anonymous reports, their policy is not designed to deal with concerns raised anonymously.
Protection of the accused party/parties:
The recipient of the report will assess whether it is necessary to protect the accused party/parties until the concerns have been investigated. Where such protection is considered necessary, the HR Department will be briefed and take the requisite precautions.
The investigating manager will have the following responsibilities towards the accused:
• Inform the individual/individuals about the seriousness of the allegations and provide any supporting evidence
• Advise in writing of the procedure to be followed
• Give the accused an opportunity to respond in person or in writing to the claims made, and receive and consider any relevant evidence
• Inform them of their right to be accompanied at any interview by a trade union representative or work colleague
• Give details of employee support mechanisms available
• Where necessary the Standards Board will provide support, counselling or mediation to those subject to investigation in order to ensure normal working relationships are resumed as effectively as possible
For the alleged wrongdoer, the privacy concerns include: protection of identity, safety, employment, and liberty (where sanctions may include imprisonment).
Whistleblowers are protected for public interest, to encourage people to speak out if they find malpractice in an organisation or workplace.
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