Whistleblowing

Protected Disclosures

Employment law (the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998) provides protection for an employee against harm or damage caused to them as a result of reporting a concern to their employer. This is known as making a “protected disclosure”. For example, it is unfair for an employer to dismiss you or select you for redundancy on the grounds that you have made a protected disclosure.

Under the legislation, a disclosure is protected if the person making it has a reasonable belief that it is in the public interest to do so (known as the “public interest test”).

It is important to note that this protection only applies to the areas and situations set out in this procedure. If there is any uncertainty whether the matter is covered, independent advice can be sought. Key contacts have been included in the Whistleblowing Policy.

Harassment and Victimisation

The Council recognises that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those responsible for the malpractice. The Council will not tolerate harassment or victimisation (including informal pressures) and will take action to protect employees when they raise a concern in good faith. The Council will treat any claims of harassment or victimisation seriously and will investigate the complaint in accordance with the Council’s Harassment Procedure at Work, which could lead to disciplinary proceedings.

This does not mean that if, where an employee is already the subject of disciplinary or redundancy procedures, those procedures will be halted as a result of their whistleblowing.

Confidentiality of your identity

Recognising that individuals may have personal concerns about coming forward as whistleblowers, the Council will make every effort to protect whistleblowers’ identities when they ask for their name not to be disclosed. However, the fact that enquiries are being made could result in the identity becoming suspected or known. As a result, the Council cannot guarantee in all cases that complete confidentiality can be maintained.

Where information needs to be shared with officers to progress an investigation, then again, the Council will seek to protect the whistleblower’s confidentiality to the extent possible.

If your identity may be compromised through investigation, or if may become necessary to disclose it (for example, in the course of evidence in court), the Council will attempt to contact you in advance to discuss how you want to proceed. It will also try to make suitable protective arrangements as appropriate and feasible (for example changing line management structures).

In particular, it may be necessary to breach confidentiality without any prior consultation where the allegation is so serious that the Council has to take immediate action to prevent anyone coming to any harm, and where it is necessary to reveal the nature and source of the complaint. These will be extreme and unusual cases, however, and the Council will endeavour to notify you in advance even in these cases.

How the Council handles Anonymous Allegations

We encourage whistleblowers to put their name to their allegation whenever possible. Concerns expressed anonymously will be considered by the Council, but they are much less powerful and the Council will exercise discretion as to whether to further investigate them, taking into account:

• the seriousness of the issues raised;
• the credibility of the concern; and
• the likelihood of being able to independently confirm the allegation.

Withdrawing your allegation

You have the right to withdraw any allegation previously made under this procedure. Depending on circumstances, the Council may request an explanation for this change of decision.

As set out above, however, the Council may continue to investigate the allegation notwithstanding your withdrawal, if it determines that serious issues are raised.

Disclosure of Confidential Information

Individuals can make a protected disclosure using information that the employer classes as confidential. It is important to note, however, that the procedures in this Policy should be followed to avoid the risk of disciplinary action.

If a disclosure includes information that a third party has provided to the Council in confidence, that disclosure may not be protected to the extent that it causes the third-party unjustifiable damage or breaches their rights.

Untrue Allegations

Whistleblowers are not expected to prove the truth of an allegation, and if an employee or Member makes an allegation in good faith, but it is not confirmed by the investigation, the Council will not take action against them.

However, if an allegation is found to be malicious, frivolous or vexatious, or intended to give personal gain to the whistleblower as a result of the allegation, disciplinary action may be taken against them. If such an allegation is made by a Member, the Standards Committee may investigate the matter.