Whistleblowing protocol - integrated service staff

WAKEFIELD COUNCIL AND SOUTH
WEST YORKSHIRE PARTNERSHIP
FOUNDATION NHS TRUST
W/BLOW – 01
JOINTLY AGREED PROTOCOL ON THE
IMPLEMENTATION OF THE
WHISTLEBLOWING POLICIES
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
PROCESS
1
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.
WBLOW - 01
1
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:

The matter of concern is with regard to the employee’s
employing organisation.
And/or

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:

The Line Manager is employed by the same
organisation.

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
WBLOW – 01
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.

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.
WBLOW - 01
3
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
4
WBLOW – 01