Employment
< Back to Article ListHow to respond to Whistleblowing
Last updated: 25 September 2023 at 16:47:51 UTC by JAMS Assistant
It is important that any fraud, misconduct or wrongdoing by staff or others working on behalf of the Council is reported and properly dealt with. Individuals are encouraged to raise concerns that they may have about the conduct of others or the way the Council is run. The Council must respond appropriately to concerns that have been raised and create a culture of openness where disclosers feel confident that their concerns will be dealt with.
Notify
• If an individual wishes to raise a concern under the Whistleblowing Policy, they should be encouraged to do so in writing to the Clerk. If the concern involves the Clerk, the matter should be escalated to the Chair of the Council.
• Assure the individual that any matter raised under the Whilstleblowing policy will be investigated thoroughly, promptly and confidentially and that the outcome will be reported back to them.
• Concerns about an employee's contract or personal grievances should be dealt with under the Grievance Procedure.
Investigate
• Concerns relating to an alleged breach of the Code of Conduct must be referred to the Monitoring Officer for investigation.
• Otherwise, arrange a through investigation into the matter. The investigation may include the worker and other individuals involved giving a written statement and the collating of any appropriate evidence.
• Once the investigation is complete, report to the Council on the findings and decide on what action to take.
• Keep the employee informed as much as possible, whilst ensuring confidentiality.
Conclude
• If, following the investigation and subsequent discussion with the Council, it is agreed that misconduct has occured, initiate the disciplinary procedure.
• If appropriate, report the matter to any appropriate government department or regulatory agency.
• Notify the original complainant of the outcome in writing.
What is whistleblowing?
Whistleblowing is the reporting of certain types of wrongdoing in the workplace. The wrongdoing being disclosed must be something that is in the public interest. Examples include the reporting of
· criminal offences such as fraud
· an organisation which is breaking the law, for example by not having the right insurance
· breaches of health & safety
· a miscarriage of justice
· risk or actual damage to the environment
· an instance where it is believed someone is covering up wrongdoing
Concerns
Concerns can be raised at any time about an incident that happened in the past, is happening now or that the individual believes will happen in the future.
Whistleblowers are protected by law and should not be treated unfairly or victimised for ‘blowing the whistle’ (making a qualified disclosure).
This document was commissioned by the National Association of Local Councils (NALC) in 2019 for the purpose of its member councils and county associations. Every effort has been made to ensure that the contents of this document are correct at time of publication. NALC cannot accept responsibility for errors, omissions and changes to information subsequent to publication.
This document has been written by the HR Services Partnership – a company that provides HR advice and guidance to local (town and parish) councils. For more information about their services, contact them on 01403 240 205.
© NALC 2019