Whistleblowing Policy

Policy Statement

• The Whistleblowing policy will encourage and enable colleagues to raise serious concerns within Homes in Sedgemoor. It allows colleagues to take matters further if they are dissatisfied with the Company’s decision and it reassures colleagues that they will be protected from reprisals or victimisation for acting in good faith. This policy applies to all colleagues in the organisation. Other individuals performing functions in relation to the organisation, such as agency workers and contractors, are encouraged to use it.
• It is important to the business that any fraud, misconduct or wrongdoing by colleagues or officers of the organisation is reported and properly dealt with. We therefore encourage all individuals to raise any concerns that they may have about the conduct of others in the business or the way in which the business is run.
• The policy does not replace the organisation’s grievance procedure or managerial responsibilities. It does, however, allow colleagues to express serious concerns about aspects of service provision or the conduct of colleagues or others acting on behalf of Homes in Sedgemoor.

Purpose of Policy

• The purpose of this Whistleblowing Policy is to:
  • Set out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.
  • The law provides protection for workers who raise legitimate concerns about specified matters. These are called “qualifying disclosures”. A qualifying disclosure is one made in the public interest by a worker who has a reasonable belief that:
    • a criminal offence;
    • 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; or
    • concealment of any of the above;
  • is being, has been, or is likely to be, committed. It is not necessary for the colleague to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. The colleague has no responsibility for investigating the matter – it is the organisation’s responsibility to ensure that an investigation takes place.
  • A colleague who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.
  • The organisation encourages colleagues to raise their concerns under this Policy in the first instance. If a colleague is not sure whether or not to raise a concern, they should discuss the issue with their line manager or the Human Resources Manager.

Principles

• Any matter raised under this Whistleblowing Policy will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the colleague who raised the issue.
• No colleague will be victimised for raising a matter under this Policy. This means that the continued employment and opportunities for future promotion or training of the colleague will not be prejudiced because they have raised a legitimate concern.
• Victimisation of a colleague for raising a qualified disclosure will be a disciplinary offence.
• If misconduct is discovered as a result of any investigation under this procedure the organisation’s 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, colleagues should not agree to remain silent. They should report the matter to a member of the Strategic Management Team. Details are available on the intranet.

How to raise a concern

• In the first instance, and unless the colleague reasonably believes their line manager to be involved in the wrongdoing, or if for any other reason the colleague does not wish to approach their line manager, any concerns should be raised with the immediate line manager. If they believe the line manager to be involved, or for any reason does not wish to approach the line manager, then the colleague should follow the process set out in 4.3.
• The line manager will advise the Strategic Management Team (SMT) member who has responsibility for the directorate the whistleblowing relates to. They will then commence an investigation into the matter (either by investigating the matter personally or by involving the department manager. The investigation may involve the colleague and other individuals giving a written statement. Any investigation will be carried out in accordance with the principles set out above. The colleague’s statement will be taken into account, and they will be asked to comment on any additional evidence obtained. The SMT member of manager will then report their findings to the rest of the SMT who will take any necessary action, including reporting the matter to any appropriate government department or regulatory agency and the Board. If disciplinary action is required, the SMT member will report the matter to the Human Resources Department and start the disciplinary procedure. On conclusion of any investigation, the colleague will be told the outcome of the investigation and what SMT or the Board, where appropriate, has done, or proposes to do. If no action is to be taken, the reason for this will be explained.
• If the colleague is concerned that their line manager is involved in the wrongdoing, they should inform a member of the Strategic Management Team, ideally, their directorate lead, who will arrange for the investigation to be carried out, make any necessary enquiries and make their own report to SMT as set out in 4.2 above. Any approach to a member of SMT will be treated with the strictest confidence and the colleague’s identity will not be disclosed without their prior consent.
• If on conclusion of the investigation the colleague reasonably believes that the appropriate action has not been taken they should report the matter to the Chair of the Audit and Risk Committee Paul.Hackett@homesinsedgemoor.org.
• If fraud or any other wrongdoing is suspected against a Director the colleague should contact the Chief Executive who will undertake the investigation. The Chief Executive will also notify the Chair of the Board and the Chair of the Audit and Risk Committee. If the issue relates to the Chief Executive or if the colleague is not satisfied that the Chief Executive has taken appropriate action, the colleague should contact the Chair of the Audit and Risk Committee direct. If the colleague feels the matter involves the full Board then the following independent organisations can be contacted:
  • External Auditors – Bishops Fleming
    • Contact Nathan Coughlin, Partner on Telephone 01752 234333, mobile 07974 213567 or email ncoughlin@bishopsfleming.co.uk
  • Internal Auditors, SWAP
    • Contact Dan Newens, Principal Auditor on Telephone 02081 425030, mobile 07730198838 or email Daniel.newens@swapaudit.co.uk
  • Protect
    • Telephone 020 3117 2520, www.protect-advice.org.uk).
    • Protect is an independent charity that provides free, confidential whistleblowing advice for employees who wish to express concerns about fraud or other serious malpractice.

Monitoring and Review

We will maintain a confidential record of any concerns raised under the Whistleblowing policy and ensure every concern is responded to as appropriate, subject to any legal constraints. An annual summary of any issues raised via the Whistleblowing Policy will be reported to Board in the Statutory and Other Registers document via the Company Secretary. In addition, the relevant SMT member will provide a summary report to Board at the time of any incident occurring.

Homes in Sedgemoor – Whistleblowing Policy

This policy is drawn up with reference to the following legislation:

• Public Interest Disclosure Act 1998
• Employment Rights Act 1996
• Data Protection Act 2018
• General Data Protection Regulation 2018

Related Documents

• Grievance procedure