The Claretian Missionaries Trust is committed to being open, honest and accountable. It encourages a free and open culture in its dealings between the Trustees and those working for the Trust, professed members, employees and volunteers.
This policy aims to help the Trustees, professed members, employees and volunteers to raise any serious concerns they may have about colleagues with confidence and without having to worry about being victimised, discriminated against or disadvantaged in any way as a result.
It is written in the context of the Public Interest Disclosure Act 1998 which protects employees who ‘blow the whistle’ on malpractices within their organisation.
What types of concerns?
The policy is intended to deal with serious or sensitive concerns about wrongdoings such as the following:
- a criminal offence
- a failure to comply with any legal obligation
- a failure in the protection of children or vulnerable adults
- a miscarriage of justice
- a health and safety risk to an individual
- damage to the environment
- or concealment of the above.
It is not necessary for individuals who raise the concern to prove the wrongdoing that is alleged to have occurred or is likely to occur.
However if an individual knowingly or maliciously makes an untrue allegation (eg: in order to cause disruption for the Claretian Missionaries Trust), the Claretian Missionaries Trust will take appropriate disciplinary action against them. It may constitute gross misconduct.
Individuals should note that they will not be protected from the consequences of making a disclosure if, by doing so, they commit a criminal offence.
This policy does not deal with any complaints staff may have about their employment. This should be dealt with through the Claretian Missionaries Trust’s Grievance Procedure.
The Claretian Missionaries Trust’s Bullying and Harassment policy offers protection to workers against harassment, bullying and discrimination.
Any complaints or concerns should be raised following the Claretian Missionaries Trust Complaints Procedure.
How to raise a concern in the workplace
The officer designated to handle whistleblowing concerns is Paul Smyth and shall be known as the Whistleblowing Officer.
Individuals should in most cases, first report their concern to their line manager, who is expected to respond to that matter. If the relevant manager cannot deal with the matter, he or she will refer the concern to the Whistleblowing Officer.
Dependent on the seriousness and sensitivity of the matter, and who is suspected of the wrongdoing, the individual can, if necessary report directly to the Whistleblowing Officer. If the matter concerns the Whistleblowing Officer, it should be raised with the Trustees.
Individuals are encouraged to raise their concerns in writing where possible, setting out the background and history of their concerns (giving names, dates and places where possible) and indicating the reasons for their concerns.
Employees may wish to seek the assistance of their trade union representative before raising the concern. The trade union representative may, where the employee so desires, raise the concern on behalf of the employee. Employees may also invite a trade union representative or colleague to be present during any meetings or interviews about the concerns they have raised.
If any individual is unsure whether to use this procedure or they want independent advice at any stage, they should contact:
the independent charity, Public Concern at Work’s legal helpline on 020 7404 6609
email: helpline@pcaw.co.uk
Public Concern at Work will be able to advise on how and with whom to raise a concern about malpractice.
Disclosures made to a legal advisor in the course of obtaining legal advice will be protected under the Public Interest Disclosure Act.
If the individual reasonably believes that the matter relates wholly or mainly to the conduct of a person or body other than the Claretian Missionaries Trust or any other matter for which a person or body other than the Claretian Missionaries Trust has legal responsibility, the disclosure should be made to that other person or body.
Protecting the individual raising the concern
If an individual raises a concern which they believe to be true, the Claretian Missionaries Trust will take appropriate action to protect the individual from any harassment, victimisation or bullying. Employees who raise a genuine concern under this policy will not be at risk of losing their job, nor will it influence any unrelated disciplinary action or redundancy procedures.
The matter will be treated confidentially if the individual requests it and their name or position will be not be revealed without their permission unless the Claretian Missionaries Trust has to do so by law. If in other circumstances the concern cannot be resolved without revealing the individual’s identity, the Whistleblowing Officer will discuss with the individual whether and how to proceed.
Concerns raised anonymously tend to be far less effective but the Whistleblowing Officer will decide whether or not to consider the matter taking into account:
- the seriousness of the matter;
- whether the concern is believable;
- whether an investigation can be carried out based on the information provided.
How the Claretian Missionaries Trust will deal with the concern
How the concern will be dealt with, will depend on what it involves. It is likely that further enquiries and/or investigation will be necessary. The concern may be investigated by Small Charity Support’s Whistleblowing Officer, the Trustees, through the disciplinary process or it may be referred to the police, other agencies such as Social Services, an external auditor or an independent investigator.
It may be necessary for the individual to give evidence in criminal or disciplinary proceedings.
The Claretian Missionaries Trust will give the individual feedback on the progress and outcome of any investigation wherever possible.
If the suspicions are not confirmed by an investigation, the matter will be closed. Staff will not be treated or regarded any differently for raising the concern, and their confidentiality will continue to be protected.
General Guidance
What is Whistleblowing?
Whistleblowing, or public interest disclosure, is when a worker reports a concern about the improper actions or omissions of their colleagues or their employer which may cause harm to others or to the organisation.
The disclosure should be made ‘in good faith’. In other words the disclosure must be made out of real concern about wrongdoing.
Whistleblowing is not the same as making a complaint or raising a grievance.
- theft or fraud
- abuse
- breaches of health and safety