Speaking up (whistleblowing) policy and procedure

The BFI is committed to the highest possible standards of openness, probity and accountability. The purpose of this policy is to encourage reporting of suspected wrongdoing and provide clear guidance on: (i) the steps staff should take if they have concerns; (ii) how staff raising concerns will be supported; and (iii) what will happen after such concerns are raised. This policy also seeks to reassure staff that they should be able to raise genuine concerns without fear of reprisals, even if they turn out to be mistaken.

This policy has been consulted upon with our recognised trade unions and is in line with the BFI’s legal obligations. It covers all BFI staff plus other workers such as consultants, contractors, and agency workers who for ease are all referred to in this policy as “members of staff”.

This policy does not form part of any employee’s contract of employment and the BFI may amend it at any time.

1.1 Whistleblowing occurs when a member of staff raises a concern about malpractice or wrongdoing such as criminal activity, failure to comply with a legal obligation, miscarriage of justice, danger to health and safety, fraud and/or corruption, discrimination, abuse of vulnerable people, damage to the environment or deliberate concealment of any such matter.

1.2 Members of staff who have a genuine concern in relation to any of the above matters should raise such concerns under this policy.

1.3 However, before engaging this policy, staff should consider whether it would be more appropriate to use another channel such as, for example, the complaints procedure (under which the public can complain about the BFI’s services) or the grievance procedure (under which BFI employees may complain about matters relating to their own employment).

2.1 As a first step a member of staff should normally raise concerns with their immediate line manager. This will depend, however, on the seriousness and sensitivity of the issues involved and who is thought to be involved in the suspected wrongdoing. If it is not appropriate to raise the matter with the line manager, the member of staff’s Executive Director should be contacted or Human Resources or the Chief Executive, dependent on the concern.

2.2 The earlier a concern is raised the better, and the easier it will be to take action. Concerns should be raised in writing if possible. A staff member raising a concern should try to set out:

(a) The background and history to the concern;

(b) Date(s), place(s) and potential witnesses where possible;

(c) The reason(s) for the concern.

3.1 A manager who is notified of a concern:

(a) Will arrange a meeting with the member of staff who raised the concern to discuss the concern.

(b) Will arrange an initial assessment to determine the scope of any investigation and will inform the member of staff who raised the concern of the outcome.

(c) May invite the member of staff who raised the concern to a further meeting and/or ask them to provide further information.

(d) Where appropriate, will arrange an investigation.

(e) Keep the member of staff who raised the concern advised of progress (as to which, see below).

(f) Has a responsibility to ensure that concerns raised are taken seriously.

(g) Shall ensure that any action necessary to resolve the concern is taken.

3.2 Concerns which fall within the scope of other procedures (such as grievances, complaints or matters relating to equality and diversity) will normally be referred for consideration under those procedures. Some concerns may be resolved without the need for investigation and some may be passed on to an appropriate body such as the police or Health and Safety Executive.

3.3 In most cases, within 10 working days of receipt of the concern(s), the BFI will write to the member of staff:

(a) acknowledging that the concern has been received;

(b) indicating how the BFI proposes to deal with the matter;

(c) giving an estimate of how long it will take to provide a final response; and advise the member of staff whether further investigation will take place and, if not, why not.

3.4 Whilst we cannot always guarantee the outcome the member of staff may seek, the BFI will endeavour to deal with any concern(s) raised fairly and appropriately. However, if a member of staff is not satisfied with the way the concern has been handled, they may raise it with one of the other contacts referred to at 2.1 above, such as the Head of Human Resources or CEO dependent on the nature of the concern.

4.1 The BFI recognises that deciding to report a concern can be difficult. The BFI will not tolerate detrimental treatment of any staff member as a result of raising a concern and will take action to protect members of staff who raise genuine concern(s).

4.2 This does not mean that if a member of staff is already the subject of performance & conduct or grievance procedures, that those procedures will be halted as a result of raising a concern (whistleblowing). Such matters will be dealt with on a case-by-case basis.

4.3 The BFI will do its best to protect the identity of the member of staff who raises a concern and does not want their name to be disclosed. It must, however, be appreciated that the investigation process may reveal the source of the information and a statement by the member of staff may be required as part of the evidence.

4.4 This policy encourages a member of staff to put their name to a report of a concern. Concerns expressed anonymously are much less powerful and more difficult to investigate, but they may be considered at the discretion of the BFI.

4.5 If a member of staff raises a genuine concern in accordance with this procedure, but in the event are mistaken in this regard, no action will be taken against them. If, however, malicious or vexatious allegations are made or a concern is raised with a view to personal gain, disciplinary action may be taken against the member of staff.

4.6 Throughout and after this process staff will be given full support from senior management. Staff concerns will be taken seriously and the BFI will do all it can to help staff throughout any investigation.

4.7 Staff may bring a colleague or trade union representative to any meeting under this policy. Any companion must respect the confidentiality of the disclosure and any subsequent investigation.

5.1 This policy will be reviewed, revised and updated as and when required.

6.1 If staff have any questions about this policy please contact Human Resources.

6.2 If a manager is notified of a concern and requires guidance on how to follow the procedure, again please contact Human Resources.

Human Resources

November 2014