jointly agreed protocol on the implementation of the whistleblowing policies / W/BLOW – 01
Date: November 2012
Review: November 2014
Purpose
This protocol is intended to aid the integration of the service between the two organisations and to that end both organisations and their staff, agree to adopt it. It may be amended in the light of experience of using the protocol.
Scope
This jointly agreed protocol applies to all staff within the integrated partnership who are employed by either the Council or the Trust.
Access to source documents
Access to the Trust’s policies and procedures can be found under the Trust’s ‘Document Store’ either on the intranet:
http://nww.swyt.nhs.uk/Policies/default.asp
Or the internet:
http://www.southwestyorkshire.nhs.uk/docuements.asp
The Councils policies and procedures can be found http://webintranet2/Corporate/Employment/Relations/Whistleblowing/default.htm
Process1 / Introduction to this protocol
1.1 / Situations may arise where an employee wishes to raise a concern at work which equates to a “qualifying disclosure” as defined by s.43K Employment Rights Act 1996. This should be raised under their employing organisation’s Whistleblowing Policy, which lays down how such concerns can be addressed.
1.2 / Managers must endeavour to ensure that all employees are aware of the Whistleblowing Policy.
1.3 / Managers must seek advice/guidance on the implementation of the policy from the relevant Human Resources Manager from within the employee’s employing organisation.
1.4 / The policy identifies the extent to which managers are authorised to act. Managers must ensure they do not take action for which they are not authorised, in accordance with the appropriate whistleblowing procedures and this protocol.
1.5 / Trust staff can also raise concerns in a number of ways, the details of which are contained in the leaflet ‘Raising Concerns at Work’.
2 / Protocol /
2.1 / Employees may discuss any concerns they have with their Line Manager in the first instance, on an informal basis if they wish. If it is inappropriate to speak to the Line Manager then employees should speak to a Senior Manager.
2.2 / When a concern is raised by an employee, the following situations can arise:
q The matter of concern is with regard to the employee’s employing organisation.
And/or
q The matter of concern is with regard to the other organisation.
In either of these situations, it is the Whistleblowing Policy of the employee’s employing organisation that must be followed.
2.3 / There are then two possibilities regarding the employee’s Line Manager:
q The Line Manager is employed by the same organisation.
q The Line Manager is employed by the other organisation.
With either possibility, the Line Manager should brief the appropriate Human Resources Manager and their own Line Manager about the concern as appropriate. In some cases matters of concern can be adequately resolved on an informal basis through discussion with Line Managers. Where the concern is considered to be of a serious nature, then the Senior Manager with lead responsibility for the integrated service, the professional lead for the employing organisation where appropriate and the relevant Human Resources Managers should be briefed to determine a course of action.
2.4 / Managers must ensure that the employee raising the concern has access to the support mechanisms within the relevant policy.
3 / Invoking the Whistleblowing Policy
3.1 / A) Dealing with a matter of concern raised by an employee, concerning their employing organisation:
3.2 / The Whistleblowing Policy of the employee’s employing organisation will apply.
3.3 / The Line Manager should follow the relevant policy of the employee’s employing organisation.
If the Line Manager requires advice/guidance on the implementation of the policy, then they must contact the relevant Human Resources Manager for advice on how to proceed without delay. Where the manager is not employed by the same organisation as the employee raising the concern they can only act in an informal capacity to resolve the issue so must refer to a manager of the employing organisation which in the first instance could be the HR manager or professional lead.
q The Line Manager dealing with the matter of concern must do so in accordance with the relevant Whistleblowing Policy. This may result in the matter of concern progressing to the next stage if necessary e.g. if the concerns are about that manager, or the policy indicates it should progress to the next stage.
3.4 / B) Dealing with a matter of concern raised by an employee concerning the other employing organisation:
3.5 / The employee should raise the matter of concern in accordance with their employing organisation’s Whistleblowing Policy.
3.6 / The manager (responding to the matter of concern) should follow the relevant policy of the employee’s employing organisation and consult with the employee’s Human Resources Manager. Where the manager is not employed by the same organisation as the employee raising the concern they can only act in an informal capacity to resolve the issue.
3.7 / Having clarified the nature of the matter of concern, the manager (responding to it) should liaise with the equivalent manager and the Human Resources Manager of the other organisation.
3.8 / A meeting of all relevant parties (who will be involved in seeking to resolve the matter of concern) must take place to agree the way forward.
3.9 / The manager (from the employee’s employing organisation) dealing with the matter of concern will have responsibility for ensuring the Whistleblowing Policy is properly implemented, including for example, arranging an investigation if appropriate and ensuring all relevant parties are involved and kept informed of progress and outcome of the complaint.
3.10 / If the individual remains concerned once the whistleblowing process has been concluded, then the Senior Manager needs to raise the issue with an appropriate manager in the other organisation.
4 / General Standards/Expectations
4.1 / The operation of the Whistleblowing Protocol will take into account the policies, procedures and standards of both organisations and reasonable expectations of staff, in the raising and resolution of matters of concern within the organisations.
4.2 / Managers should work together in a speedy, sensitive and confidential manner to resolve any matters of concern raised.
4.3 / Managers informed of matters of concern in the early stages of the procedure, from employees of the other organisation, should consult with the relevant Human Resources Manager of the employing organisation of the employee raising the concern.
4.4 / Managers informed of matters of concern should fully explore the nature of the concern being raised with the individual to identify if it falls within the scope of this or another policy/procedure.
4.5 / Managers informed of matters of concern should conform with timescales, documentation requirements and the rights of representation.
4.6 / If employees from the other organisation need to be involved in the process, (for example as part of the investigation, or as a witness etc,) then they are expected to co-operate and provide relevant information.
End
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