Whistleblowing


Legal Position


The European Convention on Human Rights was incorporated into UK law by the Human Rights Act 1998, and the Public Interest Disclosure Act 1998 (PIDA) which reflects article 10 of the Convention in providing the right to freedom of expression. The PIDA came into force on 2 July 1999 and offers a framework of protection against victimization or dismissal for workers who blow the whistle on criminal behavior or other wrongdoing (as defined below). Further provisions were introduced by the Enterprise and Regulatory Reform Act 2013.
Key Points 

The Whistle-blowing Procedure sets out the framework for dealing with allegations of illegal and improper conduct. 
Robert May is committed to the highest standards of transparency, probity, integrity and accountability. 
This procedure is intended to provide a means of making serious allegations about standards, conduct, financial irregularity or possible unlawful action in a way that will ensure confidentiality and protect those making such allegations in the reasonable belief that it is in the public interest to do so from being victimized, discriminated against or disadvantaged. 
This procedure does not replace other policies and procedures such as the complaints procedure, the Grievance and Harassment and Bullying Policies and other specifically laid down statutory reporting procedures.  
This procedure is intended to ensure that the Robert May complies with its duty under the Public Interest Disclosure Act 1998. 
Scope

This procedure applies to all Robert May employees, including associates and contractors.
This procedure applies to, but is not limited to, allegations about any of the following:
• Conduct which is an offence or breach of the law 
• Alleged miscarriage of justice 
Serious Health and Safety risks 
• The unauthorized use of public funds 
• Possible fraud and corruption 
• Sexual, physical or verbal abuse, or bullying or intimidation of employees, customers or service users 
• Abuse of authority 
• Other unethical conduct 

 

Reporting

Contact Details for Reporting: Premal Patel (Head of Finance)
Robert May recognizes that the decision to make an allegation can be a difficult one to make. However, whistle-blowers that make serious allegations in the reasonable belief that it is in the public interest to do so have nothing to fear.
Robert May will take appropriate action to protect a whistle-blower that makes a serious allegation in the reasonable belief that it is in the public interest to do so from any reprisals, harassment or victimization. 

 

Confidentiality 

All allegations will be treated in confidence and every effort will be made not to reveal a whistle-blower's identity unless the whistle-blower otherwise requests. However, if the matter is subsequently dealt with through other Robert May procedures such as the Disciplinary Procedure.
Similarly, if the allegation results in court proceedings then the whistle-blower may have to give evidence in open court if the case is to be successful. 
Robert May will not, without the whistle-blower's consent, disclose the identity of a whistle-blower to anyone other than a person involved in the investigation/allegation. 
Anonymous Allegations


Independent Advice and Further Reading


• Individuals who feel unsure about whether or how to raise a concern or want confidential advice can contact the independent charity Public Concern at Work on 020 7474 6609 or email helpline@pcaw.co.uk. Their lawyers can give free confidential advice on how to raise a concern about serious malpractice at work. 
• Free information and advice can also be obtained from the Advice, Conciliation and Arbitration Service (ACAS) – Telephone: 08457 47 47 47. 
• You may feel that it is more appropriate to report some matters to the Health & Safety Executive – 020 7717 6000. 
• Additional information is available at www.gov.uk/whistleblowing 
• The NSPCC’s whistleblowing helpline is available for employees wishing to raise concerns relating to safeguarding practice – Telephone 0800 028 0285 (8:00am to 8:00pm); Email help@nspcc.org.uk; Postal NSPCC, Weston House, 42 Curtain Road, London, EC2A 3NH