POLICY: WHISTLE BLOWING

Transcription

1 POLICY: WHISTLE BLOWING Version 1, July 2013 Version 1, July

2 1. Policy Statement WAMITAB is committed to the highest possible standards of openness, honesty and integrity for the benefit of its approved centres, learners and the public at large. 1.1 The aims of the Policy To encourage WAMITAB learners and approved centre staff to report wrong doings, in the knowledge that their concerns will be taken seriously and investigated as appropriate and that their confidentially will be respected. To make guidance available to those who wish to report wrong doings. 2. What is Whistleblowing? Whistleblowing is different from a complaint or an employment dispute. When a worker reports suspected wrong doing at work this is Whistleblowing. Officially this is called making a disclosure in the public interest. Whistleblowers are protected for public interest, to encourage individuals to speak out if they find malpractice in the workplace. Centre staff may decide to make a whistleblowing disclosure to us to prevent harm or to hold a centre to account. 3. Other related definitions 3.1 Informants The Oxford Dictionary definition of informant is a person who gives information to another. Technically, as learners are not classed as workers they are not classed as whistleblowers. 3.2 A complaint is an expression of personal dissatisfaction which will be handled according to WAMITAB s complaints procedure. 3.3 An employment dispute is where an employee has a dispute about his/her own employment position or contract. WAMITAB will not take any action over grievances of this nature. 4. What to do before making a whistleblowing disclosure to WAMITAB: If you feel that you would like to blow the whistle regarding an issue related to the provision of WAMITAB qualifications, here are some guidelines to follow to protect yourself. Think about the risks before your act. Tell no one that you are unhappy or intend to whistleblow. Centre/assessment site gossips may give something away without thinking. So if you really have to tell someone be certain you can you can trust them. Do not make the telephone call from the centre. Do not from the centre using your personal account. Create a separate Version 1, July

3 account using another laptop or computer. Documentary evidence is critical, if you can photocopy any documents which may be relevant, these may be useful. Act as you always do. Don t give yourself away by doing so saying new or different things. You may wish to take independent legal advice or contact Whistleblowers UK which may be accessed at 5. Identity of whistleblowers and informants 5.1 The identity of whistleblowers and informants will not normally be disclosed without their permission. There are some circumstances where we may have to disclose your identity such as: When the police or other government enforcement agencies become involved The courts (in connection with proceedings) 5.2 A whistleblower should be aware that he/she may be identifiable by others due to the nature or circumstances of the disclosure. 6. Anonymous allegations These may be reported to WAMITAB; however WAMITAB can only act on the allegation if it has sufficient details to identify the centre. 7. How to contact WAMITAB to make a disclosure: By info.admin@wamitab.org.uk By Fax: By Phone: Whistleblowers are encouraged to provide WAMITAB with the following information - The name of the centre The number of learners affected and if possible some names of these learners A detailed account of the concerns related to the provision of WAMITAB qualifications. 8. On receipt of your disclosure, WAMITAB will: Consider the disclosure and will conduct background research and decide upon the most appropriate course of action. WAMITAB will normally inform the whistleblower of the outcome of their action by advising that there was either substance to the disclosure or no- substance to the disclosure. As the findings are likely to be commercially sensitive WAMITAB would not be in a position to divulge the findings. Version 1, July

4 9. Legal Aspects: 9.1 Public Interest Disclosure Act 1998 (PIDA) This is also known as the Whistleblowing Act. It provides protection to "workers" making disclosures in the public interest and allows such individuals to claim compensation for victimisation following such disclosures. Further information regarding PIDA may be accessed at Employment status Workers at WAMITAB Approved Assessment Centres may wish to blow the whistle about the malpractice or wrongdoing and /or the covering up of malpractice or wrongdoing. The malpractice or wrongdoing may be committed by the worker s employer (the Head of Centre or colleagues at the centre) Assessors, Internal Verifiers and Centre Co-ordinators are protected if their employment status is that of a worker, which means that: they have to perform work or services personally and cannot send a substitute or subcontract the work, they are not undertaking the work as part of their own business (the centre is one of their own clients), they have core employment rights and are protected for whistleblowing. 9.3 Protection for blowing the whistle Assessors, Internal Verifiers and Centre Co-ordinators are protected if they are: a worker, believe that malpractice at the workplace is happening, has happened in the past or will happen in the future, are revealing information of the right type (a qualifying disclosure), reveal it to the right person and in the right way (making it a protected disclosure). 9.4 Qualifying disclosures To be protected as a whistleblower the worker needs to make a qualifying disclosure about malpractice. This could be a disclosure about: criminal offences, failure to comply with a legal obligation, miscarriage of justice, threats to an individual s health & safety, damage to the environment, a deliberate attempt to cover up any of the above. 9.5 Protected disclosures For a disclosure to be protected by the law the worker should make it to the right person and in the right way. Workers must: make a disclosure in good faith (which means with honest intent and without malice), reasonably believe that the information is substantially true, reasonably believe that the disclosure is being made to the right prescribed person. If a qualifying disclosure is made in good faith to the employer, or through a process which the employer has agreed, workers are protected. Version 1, July

5 If the worker feels that they are unable to make a disclosure to their employer then there are other prescribed people workers can make a disclosure to. The worker may choose to seek legal advice; in this case anything shared with the legal adviser is automatically protected. 9.6 Workers will not be protected if: There are some disclosures that cannot be qualifying disclosures and the worker will not be protected for whistleblowing if: they break the law when making a disclosure, the information is protected under legal professional privilege. 9.7 Guidance from Ofqual Ofqual is a prescribed regulator. 9.8 Ofqual s Whistleblowing Policy March 2012 (Ofqual/12/5143) states- that it does receive whistleblowing disclosures from workers in centres and learners or parents regarding a centre s malpractice. Additional this policy states; For Centre staff- if you wish to make a whistleblowing disclosure to someone outside of your organisation, you should normally consider making the disclosure to the awarding organisation that has approved the centre to deliver the qualification(s) in question. You may also contact us, but we will normally ask the relevant awarding organisation to investigate and report the subject of the disclosure. 9.9 WAMITAB advising OFQUAL If WAMITAB receives a disclosure about malpractice directly from a whistleblower, as with any allegation of suspected malpractice, the Qualifications Manager, will advise Ofqual at the appropriate stage. Version 1, July

6 WAMITAB Peterbridge House 3 The Lakes Northampton NN4 7HE Tel: info.admin@wamitab.org.uk Web: Version 1, July