Reporting Suspected Malpractice –Whistle Blowing Policy & Procedure
It is the duty of all staff, contractors, and volunteers to speak up about genuine concerns in relation to poor practice, poor governance, financial malpractice, or other concerns which may include (but is not limited to): bullying, sexual harassment, sexual discrimination, racism, criminal activity, breach of a legal obligation, danger to health and safety or the environment, and the cover up of any of these. This duty applies whether or not the concerns are based upon confidential information.
The ManKind Project UK & Ireland is committed to ensuring that any concerns of this nature will be taken seriously and investigated. A disclosure to The ManKind Project UK & Ireland will be protected if the person raising the concerns has an honest and reasonable suspicion that the malpractice has occurred, is occurring, or is likely to occur. Staff, contractors, and volunteers who raise concerns reasonably and responsibly will not be penalised in any way.
Who this policy is for?
This policy is for people employed by, contracted by, or volunteering with The ManKind Project UK & Ireland. For the purposes of this policy only, this is someone who is:
• Employed on a permanent or fixed term contract of employment;
• On secondment to The ManKind Project UK & Ireland;
• On a temporary contract or employed through an agency to work for The ManKind Project UK & Ireland;
• An independent consultant for The ManKind Project UK & Ireland;
• A volunteer with The ManKind Project UK & Ireland;
• Contractors and suppliers of services to The ManKind Project UK & Ireland;
• Members of the Board of Trustees of The ManKind Project UK & Ireland.
Guiding principles
To ensure that this policy is adhered to, and to assure all that the concern will be taken seriously, The ManKind Project UK & Ireland will:
• Not allow the person raising the concern to be victimised for doing so;
• Treat victimisation of whistle blowers as a serious matter that may lead to disciplinary action, that may include dismissal;
• Not attempt to conceal evidence of poor or unacceptable practice;
• Take disciplinary action if an employee destroys or conceals evidence of poor or unacceptable practice or misconduct;
• Ensure confidentiality clauses in employment contracts do not restrict, forbid or penalise whistle blowing;
• Liaise with the other organisations (see section below) to whom staff report malpractice.
Procedure
Any individual who has reasonable suspicions of malpractice should initially take their concerns to the Training & Outreach Director. If they do not feel that this is the appropriate person, they should approach the Chair (or Vice Chair) of the Board of Trustees.
It is recognised that for some individuals, raising a concern under this procedure may be a daunting and difficult experience. An individual may choose to be accompanied or represented by their trade union representative or colleague at any stage of this procedure. Our goal is to create an environment where concerns about serious malpractice can be reported. All reported incidents will be investigated. All reports will be dealt with in confidence, with only those who need to know, being informed. The Chair of the Board of Trustees will be informed of all reported disclosures and the actions being taken (unless a report is received regarding the Chair).
The procedure is as follows:
Step 1 – Initial Reporting. The initial concerns should be reported, either in person, by telephone, or in writing (e.g. letter or email) to the Training & Outreach Director. Where requested, an acknowledgement in writing will be sent within 10 working days. If the concern is about the Training & Outreach Director, then the concern should be raised with the Chair (or Vice Chair) of the Board of Trustees (marked ‘Private & Confidential’). At this, and any subsequent stage, the person raising the concerns may be accompanied or supported by a friend, but not a legal representative.
Step 2 – We will respond to your concerns with openness and transparency. The Training & Outreach Director (or the Chair [or the Vice Chair] of the Board of Trustees, if the concerns were raised with them) will convene a team of suitably qualified people to help with the investigation, report upon its findings, and suggest actions where appropriate. The investigating officer (the Training & Outreach Director or the Chair (or the Vice Chair) of the Board of Trustees) will investigate the matter and will communicate the results of the investigation to the person raising the concerns, within a reasonable time – normally within 20 working days following the Initial Reporting.
Step 3 - If an individual is not satisfied with the response received and any subsequent action taken, they should put their concerns in writing to the Chair (or Vice Chair) of the Board of Trustees who will arrange any further investigation as he/she thinks appropriate. The Chair will send a written response to the individual concerned.
Step 4 – Further Steps. At this stage, if the initial reporter is still not satisfied with the investigation and action taken, they can contact the Charities Commission: (https://www.gov.uk/complain-about-charity).
Independent advice and further reading
Further Information for charitable organisations can be found on the Charity Commission’s website on:
http://www.charity-commission.gov.uk/Our_regulatory_activity/Reporting_issues/Trustee_employee_and_volunteer_guidance_index.aspx
Employees who feel unsure about whether or how to raise a concern or want confidential advice can contact the independent charity Public Concern at Work (http://www.pcaw.org.uk) on 020 7404 6609 or email helpline@pcaw.co.uk. Their lawyers can give free confidential advice on how to raise a concern about serious malpractice at work.
Free information and advice can also be obtained from the Advice, Conciliation and Arbitration Service (ACAS) – Telephone: 08457 47 47 47.
You may feel that it is more appropriate to report a matter to another organisation. Other organisations concerned with standards in the voluntary sector include:
The Charity Commission - 0845 300 0218
Audit Commission for local authorities and the National Health Service in England and Wales – 0844 798 3131
Health & Safety Executive – contact on-line; http://www.hse.gov.uk/contact/index.htm or in emergency 0845 300 9923
NHS Fraud & Corruption Reporting Line – 0800 028 40 60
Public Concern at Work and ACAS can advise on the circumstances when it is more appropriate to contact an outside body.
