Whistleblowing Policy

Introduction

All colleges are required to have appropriate procedures in place for handling whistleblowing and for ensuring staff know who they can contact if they wish to raise a concern.

This document explains the types of concerns that can be raised under this procedure, the legal protection for whistleblowers and how whistleblowing concerns will be handled.

This procedure should be followed for any whistleblowing matters raised by employees of Oxford Energy Academy Ltd, casual staff, and agency workers.

Policy statement

Oxford Energy Academy Ltd is committed to the highest possible standards of:

  • Openness and inclusiveness
  • Accountability
  • Integrity

Aim of procedure

  • To encourage those working for Oxford Energy Academy Ltd to report suspected wrongdoing promptly and in the knowledge that it will be taken seriously
  • To provide guidance on how to raise concerns
  • To reassure staff that they can raise genuine concerns made in the public interest without fear of reprisals, even if they turn out to be mistaken

What is whistleblowing?

Whistleblowing is when a worker reports certain types of wrongdoing or misconduct within an organisation. The wrongdoing disclosed must be in the public interest.

The wrongdoing must relate to or show one of the following:

  • A criminal offence
  • A failure to comply with a legal obligation
  • A possible miscarriage of justice
  • A Health & Safety risk
  • Samaging the environment
  • Misuse of public money
  • Corruption or unethical conduct
  • Sexual, physical, or verbal abuse
  • Deliberate concealment of any of these matters
  • Any other substantial and relevant concern

The concern could be about something that happened in the past, is currently happening or likely to happen in the future.

Concerns or complaints that employees wish to raise formally, about their own employment, should normally be raised using the Oxford Energy Academy Ltd’s Grievance Procedure, unless the employee believes the concern is in the public interest. This includes for example, concerns related to working conditions, working relations, employment rights or bullying or harassment.

Scope

The purpose of this policy and procedure is to outline ways in which all employees can express concerns about malpractice or wrongdoing and to encourage employees to raise these at an early stage and in an appropriate way in line with the Public Interest Disclosure Act 1998.

The director is committed to managing the organisation in the best way possible. This policy is in place to reassure staff that it is safe and acceptable to speak up and enable concerns to be raised at an early stage and in the correct way.

Rather than wait for proof, we would prefer you to raise the matter when it is still a concern. It can be difficult to know what to do when these concerns are about unlawful conduct, financial irregularities, abuse of apprentices, dangers to the public or environment, health and safety issues, or if you feel these issues are being inappropriately concealed.

This policy does not replace the companies Complaints Procedure.

This policy is to be applied consistently and in line with Oxford Energy Academy Ltd's values.

Definitions

There will be circumstances where the ordinary processes available to workers to report on matters of concern in the workplace cannot be used. The Public Interest Disclosure legislation, commonly referred to as the Whistleblowing Act, encourages and enables workers to raise their concerns about:

  • Fraud
  • Financial irregularities or serious financial maladministration arising from improper conduct
  • Corruption, bribery, dishonesty or blackmail
  • Breach of health and safety or safeguarding regulations
  • Abuse of position
  • Miscarriages of justice
  • Failure to comply with legal obligations
  • Serious breaches of Oxford Energy Academy Ltd procedures which may advantage a particular person or party
  • Unprofessional or unethical conduct
  • Misuse or inappropriate use of Oxford Energy Academy Ltd funds or resources
  • Criminal activity or a criminal offence
  • Sexual, physical, and verbal abuse including bullying, racism, sexism and homophobia
  • Endangering an individual's health and safety
  • Endangering or damaging the environment
  • Deliberate concealment of information relating to any of the above could be deemed improper, illegal, or negligent behaviour by anyone in the workplace.

Legal protection for whistleblowers

Whistleblowers are protected by law from being treated unfairly treated or losing their jobs because they 'blow the whistle'.

Whistleblowers must hold a reasonable belief that the concern they are raising is in the public interest. Oxford Energy Academy Ltd will be responsible for ensuring that appropriate personal support is offered both to a worker raising a concern and to any worker against whom allegations have been made under this procedure.

Although an employee has certain legal obligations of confidentiality to Oxford Energy Academy Ltd, in a limited set of circumstances, whistleblowing may override these obligations. This guidance sets out the circumstances under which these disclosures may lawfully be made.

Procedure for raising a whistleblowing concern

Whistleblowing anonymously or confidentially

  • Concerns can be raised anonymously, but Oxford Energy Academy Ltd or the person receiving the allegation may not be able to take it further if they have not been provided with all the information they need
  • Whistleblowers can give their name but request confidentiality and in these circumstances, every effort will be made to protect their identity
  • All disclosures made under this procedure will be treated sensitively, consistently, and fairly.

Step 1

Deciding who to report the concern to. Concerns can be raised verbally or in writing. You can raise your concern with the Office Manager or either Director.

Reporting concerns to the media, in most cases will lead to the loss of your whistleblowing law rights.

Although you are not expected to prove beyond doubt the truth of your concerns, you will need to demonstrate that you have sufficient evidence or other reasonable grounds to raise them.

You can be accompanied by a trade union representative or colleague to any meetings that are required.

Step 2

The person with whom you have raised your concern will decide what action is needed. They may ask you to provide further information. They will write to you within 10 days to let you know how your concern will be dealt with.

The information you can expect to receive is:

  • An indication of how the concern will be dealt with
  • An estimate of how long it will take to provide a final response
  • Whether any initial enquiries have been made
  • Whether further investigations will take place, and if not why
  • Information about support is available for you

The person with whom you have raised your concern will at the same time notify the director that a whistleblowing allegation has been made.

Advice on dealing with concerns is available from the Office Manager, Centre Manager or Director

Step 3

Initial enquiries will be made to decide whether an investigation is appropriate.

An investigation may be carried out, depending on the nature of the allegations and the evidence/information presented. Full details of the investigation may be withheld from you to protect the confidentiality of other people.

Information will need to be passed on to those with a legitimate need to have this information and it may be necessary for you to provide a written statement and act as a witness in any subsequent disciplinary proceedings or enquiry. This will be discussed with you first.

Where an investigation is necessary, it may take the form of one or more of the following:

  • An internal investigation by the Director & Centre Manager, which may, for example, take the form of a disciplinary investigation
  • A referral to the police

Step 4

You will be informed of the outcome of any investigation, in writing, and/or of any action taken, subject to the constraints of confidentiality and the law.

If you do not feel your concern has been addressed adequately you may raise it with an independent body such as one of the following as appropriate:

  • Your trade union
  • The Citizens Advice Bureau
  • A relevant professional body or regulatory organisation
  • A relevant voluntary organisation
  • The police
  • The Local Government Ombudsman
  • Equality and Human Rights Commission

You have a duty to Oxford Energy Academy Ltd not to disclose confidential information. This does not prevent you from seeking independent advice at any stage in accordance with the provisions of the Public Interest Disclosure Act 1998.

Reviewing and reporting

Oxford Energy Academy Ltd has overall responsibility for this procedure which has been reviewed with reference to equalities, human rights and discrimination legislation and requirements.

Confidential monitoring of the procedures is undertaken by the Director and Centre Manager, in order to gather data to help establish whether the procedure is operated in a fair and consistent manner. In undertaking monitoring the Directors will not identify individuals.

Circulation

This policy applies to all full-time and part-time staff (including casual hours staff) who work for Oxford Energy Academy Ltd.