UDC Safeguarding
Disclosure of Malpractice in the Workplace Policy
Purpose
At [UDC], it is
vital that everyone who works for us maintains the highest standards of
conduct, integrity and ethics, and complies with local legislation. If an
employee, volunteer, partner, consultant or contractor has any genuine concerns
about malpractice in the workplace, we wish to encourage them to communicate
these without fear of reprisals and in the knowledge that they will be protected from victimisation and dismissal.
This policy does
not form part of an employees' terms and conditions of employment and may be
subject to change at the discretion of management.
Malpractice
includes (but is not limited to) the issues listed below:
·
Financial
wrongdoing including theft, bribery, fraud, money laundering and aid diversion
·
A failure to
comply with any legal obligations
·
Sexual
misconduct, including sexual abuse, harassment or exploitation (see [UDC] Safeguarding Policy)
·
Abuse or
exploitation of children, vulnerable adults or beneficiaries (see [UDC] Safeguarding Policy as above)
·
Breach of [UDC] policy
·
Abuse of
position
·
Danger to the
health and safety of individuals or damage to the environment
·
Improper conduct
or unethical behaviour
·
Activity which
would bring the organisation into serious disrepute
·
The deliberate
concealment of information relating to any of the matters listed above
If you have a
genuine concern and have a reasonable belief it is in the public interest, even
if it is later discovered that you are mistaken, under this policy you will not
be at risk of losing your job or from suffering any form of retribution as a
result. This assurance will not be extended to an individual who maliciously
raises a matter they know to be untrue or who is involved in any way in the
malpractice. Those found to be making false allegations maliciously will have
disciplinary action taken against them.
Malpractice is
not a complaint about the performance and behaviour of a manager or other work
colleague towards you. Such complaints will be directed for action to [UDC]’s
HR policies and procedures.
If you genuinely
believe that the actions of someone who works for [UDC] could lead to or has
resulted in malpractice, please follow the procedure below.
Please note this
procedure is not intended to replace [UDC]’s Grievance Procedures, which
continues to be the appropriate way to raise personal issues relating to the
specific job or employment.
1. Raise the
matter with your line manager, who will consult with the appropriate contact
point. If you feel that you are unable to raise the matter with your line
manager, and you are able to, raise it with a more senior manager.
At the point of
raising a concern it would be useful for you to share information describing:
·
Whether anyone
is at immediate risk of harm?
·
What happened?
If possible make note of dates, times, places, people.
·
Who is
involved?
·
How do you know
about it?
·
When were you
first concerned about it?
·
Have you told
anybody about it?
·
Was any action
taken?
All managers
should:
·
Report
incidents of theft, fraud, or corruption immediately to [UDC]’s Fraud and Corruption lead
·
Report
Safeguarding concerns relating to sexual abuse or exploitation of children,
vulnerable adults, beneficiaries or any [UDC]
representative to [UDC]’s
Safeguarding lead
·
Report any
other incidents of malpractice in the workplace to your HR team, or to the Head
of Human Resources
2. A decision
will be made on whether it is appropriate to handle such complaints under this
policy. Where not appropriate the complainant will be informed and their
permission sought to divert the issue to the appropriate HR procedure.
3. When matters
are reported to the Fraud and Corruption lead, [UDC]’s Fraud and Corruption
policy will be followed. If an investigation is conducted, the outcome may
involve taking disciplinary action if misconduct has been proved, which may
include dismissal.
4. When matters
are reported to the Safeguarding lead, [UDC]’s Safeguarding Investigation
Guidelines will be followed. If an investigation is conducted, the outcome may
involve taking disciplinary action if misconduct has been proved, which may
include dismissal.
You will be
notified once the matter has been resolved, but outcomes are subject to
confidentiality and may not be communicated.
[UDC] will take
appropriate action, which may end in dismissal, in accordance with the relevant
procedure against any employee, volunteer or consultant who:
·
Has been found
to be victimising another individual for using this procedure, or deterring
them from reporting genuine concerns under it.
·
Made a
disclosure maliciously that is known to be untrue or without reasonable grounds
for believing that the information supplied was accurate.
Frequently asked questions
What if the line manager is involved in the alleged malpractice in some way?
If the line
manager is involved in the alleged malpractice in some way, the matter should
be raised with the next senior manager in the management line. Concerns
regarding financial wrongdoing may be raised directly with the Fraud and
Corruption lead and concerns relating to sexual abuse or exploitation of
children, vulnerable adults, beneficiaries or any [UDC] representative to the
Safeguarding lead.
Can the disclosure be made
anonymously?
You are strongly
encouraged not to make anonymous disclosures as details and further concerns
cannot then be checked with you and this may seriously limit the ability of
investigators to pursue your concerns. Nonetheless, all disclosures, made
anonymously or otherwise, will be reviewed but lack of information may limit
the nature, extent and outcome of the investigation.
Who will conduct the
investigation?
Normally an
independent person from within [UDC] will be appointed. On rare occasions, or
for complex cases such as safeguarding, external investigation support may be
sought.
What if the matter involves a
criminal offence?
The issue may
also be reported to the police if a criminal offence, such as fraud or theft, or
sexual assault has been committed.
What if the matter is a complaint
about the performance or behaviour of a manager or colleague against me?
Such complaints
will be directed for action to the appropriate HR policy under unless the
concerns relate to concerns of sexual misconduct or other forms of malpractice
listed in this policy.
Disclosure of Malpractice in the Workplace Policy
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