HR Update - Blowing the whistle

The Public Interest Disclosures Act (1998), which came into force on 2 July 1999, aims to protect workers from victimisation and dismissal where they raise concerns about misconduct and malpractice as well as other illegal acts or omissions at work.

Examples include:

•  A criminal offence

• A failure to comply with a legal obligation

• Danger to the health and safety of any individual.

Here are some simple steps to take if an employee approaches you with whistleblowing allegations.

• Treat their concerns seriously.

• Assure them they will be protected from reprisals or victimisation and that you will respect their confidentiality.

• Arrange a time for the employee to discuss their concerns with you.

• Give them the opportunity to be accompanied by a work colleague or Trade Union representative.

Managing the meeting

• Ask the employee to explain in their own words the concerns they have.

• Ask them for the history of their concerns, in chronological order, details of acts (or omissions) and names of staff involved.

• Identify if there is any evidence available to support the allegations.

• Ask questions so you can clarify anything the employee has raised.

• Ask the employee if they will be willing to provide a written statement. If the employee is not willing to do so, keep a note of what they say.

• Tell the employee that you will let them know within ten working days how you propose to deal with their allegations.

After the meeting

• Decide whether the concerns are genuine and need further investigation.

• If not, advise the employee that you will not be investigating the matter further. If they are not satisfied they should pass this to a senior manager.

• If you believe further investigation is needed, decide whether you are able to do this yourself.

This will depend upon the seriousness and scope of the concerns.

• If you are able to carry out the investigation, bear in mind that you may need to consider suspending an employee if the investigation relates to their conduct. Any suspension or disciplinary proceedings must follow your company procedure.

• If you are not able to carry out the investigation, refer the matter to an appropriate person.

• Make sure that you let the employee know how things are being dealt with.

Jacqui Mann is managing director of HR4nurseries www.hr4nurseries.co.uk.