Whistleblowing Policy

Updated August 23rd, 2024. 

Who is covered by this policy?

All Code Your Future staff, Trustees and community members.

What is covered by this policy?

How to raise concerns which fall outside of other policies and procedures. It details the protection of community members against any consequences of raising issues.

A person cannot suffer any detriment for whistleblowing. This includes having their employment terminated, being removed from the programme or volunteer roles. It covers any matter they raise under this policy. The Public Interest Disclosure Act 1998 protects staff. Also, the Employment Rights Act 1996, protects workers who become whistleblowers. This protection covers instances where they believe some form of injustice has occurred. It also includes illegal activities or breaches of health and safety. It covers times they believe instances are likely to occur. According to these laws, the disclosure has to be ‘in the public interest’.

Purpose

To ensure that the people covered understand what is a whistleblowing matter. Also, what their rights and responsibilities are in relation to exposing wrongdoing.

The Policy

This policy is for dealing with issues which are in the public interest. These include:

  • the unauthorised use of Code Your Future’s funds;
  • possible fraud or corruption;
  • sexual, emotional or physical abuse or ill-treatment or exploitation of community members;
  • health and safety risks. This includes risks to the public as well as other employees or the potential for harm;
  • conduct which is a criminal offence or breach of the law. Including failure to follow legal obligations;
  • disclosures related to miscarriages of justice. Where Code Your Future has been unfair or improper;
  • damage to the environment;
  • other unethical conduct, including any deliberate concealment of any of the above.

The legal protections need any whistleblowers against Code Your Future staff to meet certain conditions. Also, the whistleblower should have followed the prescribed procedures.

  • If made in good faith, the law protects disclosures to employers. This is the case if they have a suspicion that the alleged malpractice has occurred. It also counts if it is currently occurring or is likely to occur.
  • The law protects disclosure to a regulator. Examples include the Health and Safety Executive or the Charity Commission. This is the case where, the whistleblower believes the information provided is true.
  • The law protects disclosure to other bodies, if it is reasonable and not made for personal gain.

The whistleblower must also meet one of the following requirements:

  • They believed the organisation would victimise them if they raised the matter.
  • They believed the disclosure relates to a criminal offence. Thus, was a ‘qualifying disclosure’.
  • There was no appropriate regulator in relation to the specific issue. Also, they believed the perpetrator was likely to conceal or destroy evidence.
  • Somebody had already raised the concern with the employer or an appropriate regulator.
  • The concern is serious.
  • They had suffered an identifiable detriment.

Code Your Future encourages community members to raise concerns in good faith. This can be about any procedure or practice within the organisation.

We will ensure there is no adverse treatment for any community member who makes a disclosure.

But, a community member who does not act in good faith may be subject to a warning, as per the Code of Conduct. This is also true when somebody makes an allegation without having reasonable grounds. Likewise, their aim is personal gain, or they make a malicious allegation.

This policy only applies to issues outside of our other policies and procedures. The policy will not apply to personal grievances about an individual’s employment. Nor will it apply to other aspects of the professional relationship. These include complaints of bullying, harassment or disciplinary matters. Code Your Future investigates such complaints under the applicable procedure.

If the concern relates to another procedure, that procedure will apply. The Whistleblowing procedure will end.

The Procedure

If you have a concern about malpractice, you should raise it first with your line manager.

If the concern involves your line manager you should raise it with the CEO. If you feel unable to raise it with your line manager, you should raise it with the CEO. If you have concerns about raising the issue with the CEO, contact the Chair of Trustees.

If you are a Trustee you should raise any concerns with the Chair of Trustees. If your concern involves a Trustee, then you should go to the Chair of Trustees. If it is about the Chair of Trustees, go to the CEO.

You should put your name on the complaint. If requested, we will keep your identity confidential for as long as possible. This will only be the case if it does not prejudice the enquiry.

The person you raise it to will assign somebody to investigate the concern. This may be a member of staff who is not involved. It may be a Trustee.

We may investigate anonymous concerns. The investigator will determine this, they will consider the severity of the concern. They will also consider the credibility of the complaint. Also, the practicalities of investigating an anonymous complaint. They will consider fairness to any individual mentioned in the complaint.

Code Your Future will always respond to any concerns raised. A relevant manager or a nominated investigating officer will investigate the concern.

The person investigating the concern will contact you. This should happen within ten working days of you raising a concern. They will tell you:

  • acknowledging receipt of the concern;
  • indicating how they propose to deal with the concern;
  • giving an estimate of how long it will take to complete the investigations;
  • telling you whether they have made any initial enquiries;
  • how Code Your Future will support you if you feel this is necessary

The amount of contact between you and the investigator will depend on the nature of the concern. It will also depend on the potential difficulties involved. Also the clarity of the information provided.

We will aim to minimise any difficulties you might experience as a result of raising a concern. For instance, if you need to give evidence, we will arrange for you to receive advice about the procedure.

If you feel that we have not responded at any stage, you can bring up the matter with external authorities.

We cannot guarantee that we will address all matters the way that you might wish. We will always aim to handle the matter in a fair and proper way. By following this policy, you will help Code Your Future achieve this.

If you raise a concern with external agencies, do not disclose confidential information.  The exception to this is if the information is necessary for the investigation.

If your concern is not substantiated, you should not take any further action. Nor should you make any disclosure to anyone other than those referred to in this policy.