Employees in the UK are entitled to certain legal protections in the event that they make a disclosure about wrongdoing that is in the public interest (known as “blowing the whistle”).
For employers, including charities, the best way to comply with their legal obligations to protect whistleblowers within their organisation, is to ensure that they have appropriate policies and procedures in place, that ensure a consistent, effective and compliant approach to handling whistleblowing complaints.
In this article, Lucy McLynn at Bates Wells and Rebecca Linford at Protect take a look at the top ten things that charities get wrong in whistleblowing cases.
1. Not having a whistleblowing champion on the board of trustees
Charities should have a designated and trained trustee to whom whistleblowing concerns can be escalated and who is looped into all whistleblowing report
2. Having a whistleblowing policy that is too narrow
The policy should not put obstacles in the way of whistleblowing (for example a complicated process to follow to raise concerns, or a requirement to provide evidence upfront), and charities should address how whistleblowing concerns should be raised by non-workers such as trustees.
3. Not regularly reviewing and updating the whistleblowing policy
Whistleblowing is a fast-evolving area, and it builds significant trust in the charity’s processes if the policy is demonstrably current.
4. Not preparing for conflicts of interest
Conflicts of interest, or perceived conflicts of interest, can be common within charities, particularly amongst senior postholders. It is important to provide different escalation / investigation routes for such situations within your policy.
5. Failing to communicate with the whistleblower
Tell the whistleblower what they can expect to hear and when. A whistleblower who hears nothing is likely to feel that their concerns are not being taken seriously and that they therefore need to be raised externally.
6. Not proactively protecting whistleblowers
Most policies say the right thing about whistleblowers not being subjected to detriment, but little is done in practical terms to ensure this. A victimisation risk assessment should be carried out on a case-by-case basis.
7. Not training staff and managers to understand whistleblowing
Whistleblowing can be seen as a siloed issue within charities rather than something integral which is the responsibility of everyone.
8. Not celebrating whistleblowers.
An organisation with a strong culture would celebrate concerns being raised. “This was brought to our attention, and we did this about it….”
9. Failing to test staff awareness / engagement.
A charity may have good whistleblowing policies and processes, but what is the actual experience of staff? Do / would they feel comfortable raising and receiving concerns? How do you know this?
10. Not signposting sources of support for whistleblowers.
Whistleblowing can be a very isolating experience for an individual and it is important to direct them towards sources of support. Protect is one such source.
Protect supports both employers and whistleblowers. If you want to direct your staff to their free legal advice, both online and by phone, then do share this link internally. If you are interested in learning more about their whistleblowing services for employers then take a look here.
Bates Wells can advise on any legal issues around your policies and processes, and on any specific whistleblowing cases (including reporting to the Charity Commission). Please do get in contact with us on [email protected] if you would like to discuss any further needs.
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The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.