At the Purple Elephant Project, we recognise the importance of any fraud, misconduct or wrongdoing by anyone working on behalf of the charity being reported and properly dealt with. We encourage a free and open culture across our workforce and therefore need all those who work for us to raise any concerns that they may have about the conduct of others in the charity or the way in which the organisation is run.
This policy sets out the way in which those who work for us can raise any concerns that they have and explains how these concerns will be dealt with.
This policy applies to all those who work for The Purple Elephant Project, at all levels and grades, whether permanent, fixed-term or temporary staff, volunteers, Trustees, consultants, contractors, trainees, seconded staff, and interns. This policy does not form part of any employee’s contract of employment, and we will review it regularly which may result in changes being made, in which case, we will communicate these changes to all.
This policy is written in the context of the Public Interest Disclosure Act 1998 to provide protection for workers who raise legitimate concerns about specified matters in the public interest. These are called “qualifying disclosures”. A qualifying disclosure is one made by an employee who has a reasonable belief that any of the following is being, has been, or is likely to be, committed:
It is not necessary for you to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. You have no responsibility for investigating the matter – it is the charity’s responsibility to make sure that an investigation takes place.
Whistleblowing, or public interest disclosure, is when a worker reports a concern about the improper actions or omissions of their colleagues or their employer which may cause harm to others or to the organisation. Obvious examples of such improper actions include theft, fraud, abuse, breaches of health & safety.
The disclosure should be made ‘in good faith’. In other words, the disclosure must be made out of real concern about wrongdoing. Knowingly and maliciously making false accusations for ulterior motives is not whistleblowing. The whistleblower should reasonably believe the information and allegation is substantially true, even if the information later turns out to have been incorrect. Whistleblowing is not the same as making a complaint or raising a grievance, where the individual is saying that they have personally been poorly treated. A whistleblower is usually not directly or personally affected by the concern and therefore rarely has a direct personal interest in the outcome of any investigation into their concerns. The whistleblower raises the concern so that others can address it. Examples of concern may include:
This procedure is for disclosures about matters other than a breach of your own contract of employment, which should be raised via the Grievance Procedure.
Stage 1: In the first instance, any concerns should be raised with the CEO who will arrange an investigation of the matter. Any investigation will be carried out in accordance with the principles set out above. Individuals are encouraged to raise their concerns in writing where possible, setting out the background and history of their concerns (giving names, dates and places where possible) and indicating the reasons for their concerns. Your statement will be taken into account, and you will be asked to comment on any additional evidence obtained. The CEO will take any necessary action, including reporting the matter to the Chair of the Board of Trustees, any appropriate government department or regulatory agency, the police, agencies such as Social Services, an external auditor or an independent investigator. The CEO will also invoke any disciplinary action required. It may be necessary for the individual to give evidence in criminal or disciplinary proceedings. At the conclusion of any investigation, you will be told the outcome and what the charity has done, or proposes to do, about it. If the suspicions are not confirmed by an investigation, the matter will be closed. Those who work for us will not be treated or regarded any differently for raising the concern, and their confidentiality will continue to be protected.
Stage 2: If you are concerned that the CEO is involved in wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the relevant person, you should escalate the matter to the Chair of the Board of Trustees. The Chair will arrange for a review of the investigation to be carried out, make any necessary enquiries and make their own report to the Board.
Stage 3: If at the conclusion of stages 1 and 2 you reasonably believe that the appropriate action has not been taken, you should report the matter to the relevant body. This includes:
You can find the full list in The Public Interest Disclosure (Prescribed Persons) Order 2014:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496899/BIS-16-79blowing-the-whistle-to-a-prescribed-person.pdf
Individuals should note that they will not be protected from the consequences of making a disclosure if, by doing so, they commit a criminal offence. This policy does not deal with any complaints those who work for us may have about their employment. This should be dealt with through charity’s Complaints
Volunteers should follow the Complaints Procedure if they need to make a complaint or raise concerns. Those who access our services should also follow the Complaints Procedure if they need to make a complaint or raise concerns.
If an individual raises a concern which they believe to be true, The Purple Elephant project will take appropriate action to protect the individual from any harassment, victimisation or bullying. Employees who raise a genuine concern under this policy will not be at risk of losing their job, nor will it influence any unrelated disciplinary action or redundancy procedures. The matter will be treated confidentially if the individual requests it and their name or position will not be revealed without their permission unless required to do so by law. If in other circumstances the concern cannot be resolved without revealing the individual’s identity, the CEO will discuss with the individual whether and how to proceed. Concerns raised anonymously tend to be far less effective, but the CEO/Chair of
Trustees will decide whether or not to consider the matter taking into account:
If you make a protected disclosure, you have the right not to be dismissed, subjected to any other detriment, or victimised, because you have made a disclosure. We encourage you to raise your concerns under this procedure in the first instance.
When anyone makes a disclosure, we will process any personal data collected in according to the data protection policy. Data collected from the point at which the person makes the report is held securely and accessed by, and disclosed to individuals only for the purposes of dealing with the disclosure.
This policy has been developed to set out how those who work for us can raise any concerns that they have and explains how these concerns will be dealt with. If you have any queries about this policy please speak to a manager or the CEO.
