Whistleblowing Policy

Summary

This Policy is designed to help staff, volunteers, and all persons working for Didcot Train (“TRAIN”) to raise any serious concerns they may have about colleagues, trustees and other members with confidence and without fear of being victimised, discriminated against, or adversely affected as a result.

It is important that any fraud, misconduct or wrongdoing by any trustee, staff, volunteer, or others working on behalf of TRAIN is reported and properly dealt with. Therefore, this Policy sets out how individuals may raise any concerns and how those concerns will be dealt with.

This Policy is based on the principles of the Public Interest Disclosure Act 1998 and other relevant legislation and guidance, which provides protection for individuals who raise legitimate concerns about malpractices within their organisation.

Implementation

This Policy will be disseminated to employees and volunteers via the electronic filing system and access to a Microsoft shared drive.

All organisations face the risk of things going wrong and unknowingly harbouring malpractice. By promoting a culture of openness within TRAIN, staff, volunteers, and other stakeholders are encouraged to raise malpractice and other concerns outlined by this Policy.

The Board of Trustees is responsible for ensuring that all staff and/or volunteers are aware of and understand the importance of implementing this Policy.

This Policy applies to everyone working for or on behalf of TRAIN, meaning the Board of Trustees, paid staff, volunteers, sessional workers, agency staff, students, and contractors (collectively referred to as “TRAIN members”).

1. Introduction

At Didcot Train (“TRAIN”), we are committed to conducting our operations ethically and with honesty and integrity. We expect the same high standards from all our members – staff, volunteers, agency, and contractors.

However, we recognise that there may be occasions when our members or we do not get this right or unknowingly harbour malpractice. In these instances, you may need to raise genuine serious concerns through this whistleblowing Policy. Therefore, we encourage our staff, volunteers, and members to raise concerns and speak up if they believe malpractice may be occurring.

2. Background

2.1 The Policy aims to help trustees, staff, volunteers, and other members to raise any serious concerns they may have about colleagues or TRAIN with confidence and without having to worry about being victimised or disadvantaged in any way as a result.

2.2 The Policy will ensure everyone is aware of what to do and the appropriate person to notify in the event of concerns around serious malpractice, breaches of regulations or criminal offences. It will also ensure the investigation of concerns where there is a ‘reasonable belief’ that serious malpractice is or may be occurring.

2.3 Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Staff, volunteers, and others working on behalf of TRAIN should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.

3. Defining Whistleblowing

Whistleblowing is a term used to refer to the internal or external disclosure of serious malpractice and illegal acts or omissions at work. It covers the reporting of suspected wrongdoing or dangers in relation to our activities. This includes bribery, fraud or other criminal activity, miscarriages of justice, health and safety risks, environmental damage, and any breach of legal or professional obligations.

Therefore, it is a formal disclosure of alleged corruption, malpractice or wrongdoing made to the appropriate person in authority. In the case of TRAIN, this disclosure might be based on how we support and provide our services to young people, how we raise funds, a staff or volunteer’s conduct at work, or TRAIN’s procedures and practice.

4. Protected Disclosures

4.1 The Public Interest Disclosure Act 1998 (“The Act”) protects 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 who has a reasonable belief that:

• A criminal offence (including fraudulent and corrupt behaviour such as theft, fraud, or malpractice);
• A miscarriage of justice.
• An act creating risk to health and safety.
• An act causing damage to the environment.
• A breach of any other legal obligation.
• Concealment of any of the above – is being, has been, or is likely to be, committed.

4.2 Therefore, this Policy is intended to encourage staff, volunteers and anyone working for TRAIN to provide any of the above qualifying disclosures.

4.3 It is not necessary for you to have proof that such an act is being, has been, or is likely to be, committed. However, you need to hold a reasonable belief that such an action has been, is being or is likely to be carried out.

4.4 You have no responsibility for investigating the matter – it is TRAIN’s responsibility to investigate your disclosures.

4.5 Any matter raised under this procedure will be investigated thoroughly, promptly, and confidentially. The outcome of the investigation may be reported back to the person who raised the issue if warranted.

4.6 The outcome of the investigation will not be disclosed if it relates to a grievance against staff, raises privacy concerns, or relates to non-whistle-blowing concerns outlined in Clause 5 below.

4.7 If you make such a protected disclosure, you have the right not to be dismissed, subjected to any other detriment, or victimised. We will not tolerate any individual being subjected to a detriment as a result of their making a disclosure in good faith.

4.8 However, if it is found that you have maliciously raised a matter which you know to be untrue or you are involved in any way in the malpractice, wrongdoing or illegal acts or omissions, your behaviour may be addressed through the appropriate disciplinary action.

5. Non-Whistleblowing Concerns

5.1 This Policy is only to be used in the circumstances outlined in Paragraph 4 of this Policy. This Policy does not deal with any complaints staff may have about their employment. This should be dealt with through TRAIN’s grievance procedure.

5.2 Whistleblowing is different from a complaint or grievance. Whistleblowing occurs when an employee raises concerns about illegality or danger that affects others. Typically, the person who blows the whistle is not directly affected by the danger or violation. As a result, whistle-blowers rarely have a direct personal stake in the outcome of an investigation into their concerns. A whistle-blower is not a complainant but rather a witness. Therefore, you are not expected to provide evidence as a whistle-blower but rather raise an issue for others to address. This is not the same as a complaint or a grievance.

5.3 When someone complains or files a grievance, they are asserting that they have been personally mistreated. For instance, this may involve a violation of individual employment rights or harassment, which the complainant seeks to redress. Therefore, they will have a personal stake in the outcome of the complaint; in these situations, the complainant should utilise TRAIN’s Grievance Procedure.

5.4 Also, this Policy does not form part of any employee’s contract of employment. It may be amended at any time, and we may depart from it depending on the circumstances of any case.

6. Procedure for Disclosure

6.1 Internal Disclosure

6.1.1 In the first instance, any disclosure should be raised with the Youth Work Delivery Manager (“Manager”), who will arrange an investigation of the matter within a reasonable period. This may be raised orally or in writing. If you feel the Manager is an inappropriate person to talk to or where the Manager is involved in the alleged malpractice, raise your concern with the Chair of the Board of Trustees.

6.1.2 The Manager will take any necessary action, including reporting the matter to the Chair of the Board of Trustees, who may contact any other trustees.

6.1.3 The investigation will be carried out within a reasonable period but not more than 14 working days and may require you and other persons involved to submit a written statement. The disclosure will be investigated by the Manager, Chair of the Board of Trustees and/or Trustee(s), or it may be referred to the appropriate government department or regulatory agency.

6.1.4 TRAIN will take appropriate steps to ensure that the whistle-blower’s employment, working environment and working relationships are not prejudiced by the disclosure and that they are not unfavourably treated or penalised in any way as a result of making the disclosure.

6.1.5 Upon conclusion of any investigation, feedback on the outcome of the investigation will be provided if warranted. The outcome of the investigation will not be disclosed if it relates to a grievance against staff, raises privacy concerns, or relates to non-whistle-blowing concerns.

6.2 External Disclosure

6.2.1 We hope our procedure will provide the whistle-blower with the assurance they need to raise whistleblowing issues with TRAIN internally. However, we accept that there may be circumstances where the whistle-blower may not be satisfied with the outcome of the investigation or feel it is more appropriate to disclose to an external body. In such instances, you should report the matter to the relevant body. This includes the Charity Commission, HM Revenue & Customs, the Health and Safety Executive, the Environment Agency, the Serious Fraud Office, and the Independent Office for Police Conduct. You can find the full list in The Public Interest Disclosure (Prescribed Persons) Order 2014.

7. Making a Disclosure to the Press

Disclosures to the press will not be considered reasonable and may constitute misconduct. As such, the matter might be treated as a disciplinary matter in accordance with our disciplinary and grievance Policy and procedure.

8. Data Protection

When an individual makes a disclosure, we will process any personal data collected in accordance with the data protection policy. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the disclosure.

9. Associated Policies

This Policy should be read in conjunction with the other associated policies, such as the Code of Conduct and Safeguarding Policy.

10. Contact Details

For disclosure, report to TRAIN’s Youth Work Delivery Manager:

If the disclosures relate to the Youth Work Delivery Manager, contact the Chair of the Board of Trustees.