Whistleblowing Policy

If the concern relates to a personal matter that is not in the public interest (for example, an allegation of poor service or bullying) the complaint should be raised under the Organisation’s separate complaints procedure, not whistleblowing.  Where there is uncertainty about whether the matter or concern is in the public interest so best dealt with under the whistleblowing procedures or whether it is not a public interest matter and should be dealt with under the separate complaints procedure, please contact Jamma Wellbeing (info@jammawellbeing.com) for further advice.

This policy is aligned with the current legislation in place in the UK for disclosure of matters in the public interest under The Public Interest Disclosure Act 1998 (PIDA).

For employees and workers only: If your complaint relates to a personal matter that is not in the public interest, please contact Jamma Wellbeing’s Office Manager to discuss informal and formal dispute/conflict resolution which includes the formal grievance procedures. You can email your concerns to the Office Manager (info@jammawellbeing.com).

Scope

This policy applies to all relevant individuals which include, but are not limited to parents, carers, employees, workers, educationalists, contractors, subcontractors, suppliers and volunteers.

What is a whistleblower?

A whistleblower is defined as a person who in good faith reports certain types of wrongdoing and the wrongdoing that is disclosed must be in the public interest. This means it must affect others.

Whistleblowing concerns to which this policy relates

Whistleblowing is the act of reporting suspected wrongdoing or risk of wrongdoing relating to:

• a criminal offence;
• a failure to comply with a legal obligation;
• a miscarriage of justice;
• a risk to the health and safety of an individual;
• sexual harassment;
• damage to the environment; or
• an attempt to cover up any of the above.

It is not necessary for you to prove the wrongdoing. However, to be protected by whistleblowing laws against detrimental treatment or dismissal, you must reasonably believe that wrongdoing (related to one of the categories listed above) is being, has been, or is likely to be committed and that your disclosure is in the public interest.

Anyone making a malicious, vexatious or false report of wrongdoing, if done so in bad faith, could lead to further action being taken by the Organisation.

Complaints that don’t count as whistleblowing

Personal grievances, for example bullying, harassment, or discrimination are not covered by whistleblowing law, unless your particular case is in the public interest. Sexual Harassment, however, is covered by whistleblowing law so can be reported as a whistleblowing matter.

Personal grievances should be reported under the Organisation’s separate complaints procedures for anyone other than employees or workers. Contact the Jamma Wellbeing Office Manager for further advice (info@jammawellbeing.com).

Employees and workers with personal grievances should raise the matter via the Organisation’s internal grievance procedure. Contact the Jamma Wellbeing Office Manager (info@jammawellbeing.com) for further advice.

Raising a complaint (whistleblow)

Stage 1 – Raising a whistleblowing concern

If you have a genuine concern relating to any type of wrongdoing that is covered under this policy, you should raise it in writing with Jamma Wellbeing Office Manager via email info@jammawellbeing.com in the first instance.

If you are an employee or worker of the Organisation, and your concern relates to your manager, or for any reason you do not wish to approach your manager, you should raise your concern with Trustee Board Member in writing (info@jammawellbeing.com). A Trustee Board member will address the matter directly with you in these circumstances.

You can raise your concern orally, or in writing. We recommend that you use our Form to raise a whistleblowing concern. It is important that you set out clearly:

• the details of the suspected wrongdoing;
• the names of any individuals involved; and
• and what action (if any) you are seeking.

In some cases, it may be necessary to ask you to attend a meeting to clarify the nature of your concern. This will be arranged as soon as possible.

Stage 2 – Responding to your whistleblowing concern

On receipt of your whistleblowing concern the matter will be triaged by the Office Manager and, where necessary, a Trustee Board member, to decide if an investigation is required and, if it is, the most appropriate person to conduct it. The Organisation will write to you confirming that they are conducting an investigation and the timescale for completion.

The level of investigation and time this will take will vary depending on the nature of the suspected wrongdoing.

Following the investigation, you will be informed in writing, as quickly as possible after completion of the investigation, of the outcome and any next steps or action that will be taken. While we aim to provide you with comprehensive feedback, in some cases this may not be possible, for example where data protection rules apply or there are sensitive issues that need to remain confidential.

Stage 3 – Appeal

If you are not satisfied with how your concern has been dealt with, you should appeal to a Trustee Board Member in writing via email info@jammawellbeing.com or by calling the Organisation on 01483-958052.

Whether you raise your appeal orally or in writing. It is important that you set out clearly the grounds of your appeal, i.e. the basis on which you consider that your original concern has not been satisfactorily dealt with.

In some cases, it may be necessary to ask you to attend a meeting to clarify the nature of your appeal. This will be arranged as soon as possible.

The appeal chair will consider your grounds for appeal and review the manner in which your original whistleblowing concern was handled. You will be informed in writing of the outcome as quickly as possible.

For employees and workers only: If you are appealing against the outcome of a whistleblowing concern, you will be invited to a meeting as soon as possible after submission of your appeal. You may, if you wish, bring a colleague or a trade union representative with you to the meeting. Where it is considered appropriate, a member of HR may also be present.

Confidentiality and anonymity

We want you to feel comfortable about raising a whistleblowing concern openly and actively encourage you to do so.

Where you raise a whistleblowing concern openly, we will maintain your confidentiality as far as possible. If we need to identify your identity to anyone, we will notify you beforehand.

In the alternative, you may decide to raise a whistleblowing concern anonymously. Please submit the anonymous concern to the Jamma Wellbeing Office Manager via email (info@jammawellbeing.com) or by calling 01483-958052.

Although we will investigate any concern that is reported anonymously as best we can, an anonymous report is likely to be more difficult for us to investigate, and we will not be in a position to provide you with any feedback.

Our commitment to you

You have the right not to be subjected to any detrimental treatment (including being unfairly penalised, disciplined or dismissed) because you have raised a whistleblowing concern.

If you raise a whistleblowing concern in accordance with this policy, we will ensure that you are treated with respect and provided with adequate support and protection.

For employees and workers only: If you are told not to raise or pursue a whistleblowing concern, or you believe that you have been subjected to detrimental treatment because you have raised a whistleblowing concern, you should report the matter to Trustee Board Member.  Alternatively, you can raise the matter under our in-house grievance procedure. Speak to the Jamma Wellbeing Office Manager for more information on how to raise a grievance internally.

Raising your whistleblowing concerns externally

We encourage you to raise your whistleblowing concerns with us at Jamma Wellbeing in the first instance. If you are not comfortable doing that or if you feel that appropriate action is not or has not been taken, you can report the matter to the correct prescribed body or person (see list on GOV.UK).

You should seek advice if you are thinking of raising your concern with the media as you will not have protection under whistleblowing laws unless certain conditions are met.

Further guidance

If you need further guidance or support, you can contact the whistleblowing charity Protect or Citizens Advice for free confidential advice.