What Is Whistleblowing?
38.1 A “whistleblower” is someone who discovers something that is wrong and alerts his employer or the relevant authorities to what is going on. The law protects whistleblowers from their employer subjecting them to detriment or dismissal by reason of their having “blown the whistle” and from detrimental treatment by their colleagues. To be protected by the law, the act of whistleblowing must fall within the legal rules and the whistleblower must reasonably believe that their disclosure of wrongdoing is made in the public interest.
Our Policy
38.2 Our business is run in accordance with the law. No employee will suffer a detriment for speaking up if they believe that something is wrong.
38.3 If you have information you believe shows any of the following:
38.3.1 A criminal offence was committed or is being or is likely to be committed
38.3.2 A person has or is or is likely to fail to comply with a legal obligation
38.3.3 A miscarriage of justice has occurred or is or is likely to occur
38.3.4 The health and safety of any individual has been or is being or is likely to be endangered
38.3.5 The environment has been, is being or is likely to be damaged
38.3.6 That information tending to show any matter falling within any one of the above categories has been, is being, or is likely to be deliberately concealed.
please raise your concerns immediately with Saffia Bullock.
38.4 The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally.
38.5 However, you will still be protected in law if you disclose the information to the following:
38.5.1 A legal adviser in the course of getting legal advice
38.5.2 A Minister of the Crown
38.5.3 One of the prescribed persons set out in the Public Interest Disclosure (Prescribed Persons) Order 1999 (e.g. disclosure of a danger to health and safety to the Health and Safety Executive; disclosure of fraud to the Secretary of State for Trade and Industry; disclosure of breach of tax rules to HM Revenue & Customs).
38.6 Disclosure to any other person is not generally protected except in very limited circumstances.
38.7 After you have raised a concern, the Company will decide how to respond in a responsible and appropriate manner. This will usually involve making internal enquiries but it may become necessary to carry out a full investigation which may be formal or informal depending on the nature of the concern raised. We will endeavour to complete investigations within a reasonable time.
38.8 The Company will keep you informed of progress and let you know when the investigation is completed. We will not be able to inform you of any matters which would infringe any duty of confidentiality owed to others.
38.9 If you use this policy to raise a concern which you reasonably believe to be in the public interest, the Company assure you that you will not suffer any form of retribution or detrimental treatment.
38.10 Any employee who criticises, bullies or victimises a fellow employee by reason of their whistleblowing will be liable to disciplinary action up to and including dismissal, depending on the seriousness of the conduct.
Safeguarding
Please also see the BCC Safeguarding Policy – there is lots of contact information in Appendix 3
38.11 If you have concerns about a child and do not believe that safeguarding procedures are being correctly followed, or that you are not being listened to or your concerns are being dismissed, you must speak to the nursery DSL. If you have concerns about the behaviour of another member of staff, you must speak to the nursery DSL.
38.12 If your concerns are about the nursery DSL, or it is the nursery DSL who is not following procedures or listening to you, you must contact Saffia Bullock the Managing Director.
38.13 If you do not think that the Managing Director is following safeguarding procedures correctly, or is not listening to your concerns, you must contact an outside agency – this can be the NSPCC or Ofsted, or the Local Area Designated Officer (LADO) for concerns about another member of staff:
NSPCC Whistleblowing Advice Line – 0800 028 0285 – this is on the “tea-cup” poster in nurseries
Ofsted Whistleblowing hotline – 0300 12 33 155
LADO – Bristol City – 0117 903 7795; South Gloucestershire – 01454 868 508
38.14 The protections set out above in this Whistleblowing Policy are to reassure you that you will not suffer any form of retribution or detrimental treatment by the Company by contacting Ofsted, the LADO or the NSPCC about any safeguarding concerns.