National Learning Group is committed to being open, honest and accountable. This policy explains how workers can raise serious concerns about suspected wrongdoing, how disclosures are handled, and how individuals raising genuine concerns are protected.
Applies to trustees, employees and contractorsContext Public Interest Disclosure Act 1998
✓ Open and accountable culture
✓ Public interest disclosure
✓ Safeguarding-aware concerns
✓ Protection from victimisation
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Purpose and scope
Encouraging serious concerns to be raised early
The National Learning Group is committed to being open, honest and accountable. We encourage an open culture where individuals feel confident to raise concerns relating to suspected misconduct at an early stage.
This policy outlines the actions trustees, employees and contractors can take to raise serious concerns about colleagues or the organisation with confidence, without having to worry about being victimised, discriminated against or disadvantaged as a result.
Policy context
This policy is written in the context of the Public Interest Disclosure Act 1998, which protects employees who blow the whistle on malpractice within their organisation. It does not form part of employment contracts and may be amended at any time.
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Definition
What is whistleblowing?
Whistleblowing, also known as public interest disclosure, is when a worker reports a concern about improper actions or omissions by colleagues or their employer that may cause harm to others or to the organisation.
Disclosures should be made in good faith where there is a real concern about wrongdoing. The whistleblower should reasonably believe that the information and allegation are substantially true, even if the information later turns out to have been incorrect.
Whistleblowing is different from a personal grievance.
A grievance usually relates to how an individual has personally been treated. Whistleblowing relates to wider public interest concerns, serious wrongdoing or risk to others.
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Concerns covered
What types of concern can be raised?
This policy is intended to deal with serious or sensitive concerns about wrongdoing. Examples include, but are not limited to:
Criminal or legal concerns
A criminal offence, failure to comply with a legal obligation, miscarriage of justice or concealment of wrongdoing.
Safeguarding concerns
A failure to protect children or vulnerable adults, or any serious concern that may affect their safety or welfare.
Health, safety and ethics
Health and safety risks, financial malpractice, fraud, environmental damage or serious ethical failure.
A criminal offence.
A failure to comply with any legal obligation.
A failure to protect children or vulnerable adults.
A miscarriage of justice.
A health and safety risk to an individual.
Financial malpractice, impropriety or fraud.
Damage to the environment.
Serious failure to comply with codes of practice or ethical rules covering business.
Concealment of any of the above.
The concern can be past, present or prospective. It may have occurred inside or outside the United Kingdom.
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Protection
Protecting individuals raising concerns
If an individual raises a concern which they believe to be true, National Learning Group will take appropriate action to protect that individual from harassment, victimisation or bullying.
Employees raising genuine concerns will not be at risk of losing their job because they raised the concern.
Raising a genuine concern will not influence unrelated disciplinary action or redundancy procedures.
No action will be taken against an individual for raising genuine concerns, even if a later investigation does not confirm those concerns.
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Confidentiality
Confidentiality and anonymity
Any disclosure made under this policy will be treated confidentially and sensitively as far as reasonably practicable. If confidentiality is not reasonably practicable because of the nature of the information, this will be explained to the individual.
National Learning Group hopes individuals feel comfortable raising concerns openly. However, disclosures may be made anonymously.
Anonymous concerns can be harder to investigate.
Concerns expressed anonymously may not be dealt with as effectively as open disclosures because they are often more difficult to investigate, verify and follow up.
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Raising a concern
How to make a disclosure
Individuals should bring concerns to the attention of their immediate manager, who will respond to the matter. If the manager is unable to deal with the matter directly, they will refer the concern to an appropriate member of NLG staff.
If the disclosure contains allegations about an individual’s immediate manager, or if the suspected malpractice occurs at that level, the disclosure may be made directly to another member of National Learning Group staff.
Internal route
Raise the concern with your immediate manager or another appropriate member of NLG staff if your manager is involved in the concern.
Independent advice
Individuals unsure whether to use this procedure may seek independent advice. The current page references Public Concern at Work’s legal helpline and email route.
Disclosures made to a legal adviser in the course of obtaining legal advice will be protected under the Public Interest Disclosure Act.
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Investigation
How concerns are investigated
Once a concern is raised, it will be investigated fully in a manner appropriate to the nature of that concern.
The concern may be investigated by managers.
It may involve external regulating bodies where appropriate.
It may involve an external auditor or independent investigator.
If the disclosure is not anonymous, the individual may be asked to attend a meeting to provide evidence.
Individuals will be informed of the progress of the investigation as far as possible and appropriate, taking account of any confidentiality obligations. Details of disciplinary action will not usually be shared unless National Learning Group considers it appropriate.
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Outcome
If dissatisfied with the outcome
If an individual is dissatisfied with the outcome of the investigation, this should be raised with the Managing Director, giving the reasons for dissatisfaction.
The Managing Director will respond in writing, notifying the individual of the acceptance or rejection of the need for further investigation and the reason for this decision.
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Awareness
Training and manager responsibilities
All workers will receive an appropriate briefing to ensure they are aware of their rights and responsibilities under this policy. This policy will be made available to all employees.
Managers will be fully briefed on their role in supporting this policy and the appropriate action to take when a disclosure is made.
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Misuse
Breach of this policy
National Learning Group may invoke disciplinary procedures if someone subjects a whistleblower to any form of detrimental treatment.
Detrimental treatment towards a whistleblower may result in disciplinary action.
Disciplinary procedures may apply if someone intentionally misleads National Learning Group in relation to a matter.
Disciplinary procedures may apply if someone breaches this policy in another way.
Disciplinary procedures may apply if National Learning Group believes a false allegation has been made maliciously.
Quick answers
Whistleblowing policy FAQ
Whistleblowing is when a worker raises a genuine concern about suspected wrongdoing, improper actions or omissions that may cause harm to others or to the organisation.
No. A grievance normally concerns how an individual has personally been treated. Whistleblowing usually concerns serious wrongdoing, risk or public interest concerns.
Yes. A failure to protect children or vulnerable adults is one of the concern types covered by this whistleblowing policy.
Yes, but anonymous concerns can be more difficult to investigate, verify and follow up than open disclosures.
The concern will be investigated in a manner appropriate to its nature. This may involve managers, external regulators, external auditors or independent investigators.
Need to raise a serious concern?
Use the correct internal route as early as possible. If the concern involves your immediate manager, raise it with another appropriate member of National Learning Group staff.
