Whistleblowing Policy

Date: amended April 2021

Policy Introduction

It is important that any fraud, misconduct or wrongdoing by staff or others working on behalf of The Trent Rivers Trust, including volunteers, is reported and properly dealt with. We therefore require all individuals to raise any concerns that they may have about the conduct of others in the charity or the way in which the Trust is run. This Policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with. For the purposes of this document The Trent Rivers Trust will be referred to as ‘The Trust.’

Background

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to provide protection for workers who raise legitimate concerns about specified matters in the public interest. These are called ‘qualifying disclosures’. A qualifying disclosure is one made by an employee who has a reasonable belief that any of the following is being, has been or is likely to be, committed:

• A criminal offence
• A miscarriage of justice
• An act creating risk to health and safety
• An act causing damage to the environment
• A breach of any other legal obligation
• Concealment of any of the above.

It is not necessary for you to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. You have no responsibility for investigating the matter – it is the Trust's responsibility to ensure that an investigation takes place.

If you make a protected disclosure you have the right not to be dismissed, subjected to any other detriment or victimised because you have made a disclosure. We encourage you to raise your concerns under this procedure in the first instance.

Principles

• Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Staff, volunteers and others working on behalf of the Trust should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.
• Any matter raised under this procedure will be investigated thoroughly, confidentially and promptly and the outcome of the investigation reported back to the person who raised the issue.
• No employee, or other person working on behalf of the Trust, will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the worker will not be prejudiced because they have raised a legitimate concern.
• Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence.
• If misconduct is discovered as a result of any investigation under this procedure, our disciplinary procedure will be used, in addition to any appropriate external measures.
• Maliciously making a false allegation is a disciplinary offence.
• An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. You should report the matter to the Trust Chief Executive or to the Chair of the Board of Trustees.

Procedure

This procedure is for disclosures about matters other than a breach of your own contract of employment, which should be raised via the Grievance Procedure.

Stage 1

In the first instance, any concerns should be raised with the Trust Chief Executive, who will arrange an investigation of the matter. The investigation may involve you and other individuals involved giving a written statement. Any investigation will be carried out in accordance with the principles set out above. Your statement will be taken into account and you will be asked to comment on any additional evidence obtained. The Trust Chief Executive will take any necessary action, including reporting the matter to the Chair of the Board of Trustees and any appropriate government department or regulatory agency. The Trust Chief Executive will also invoke any disciplinary action required. On conclusion of any investigation, you will be told the outcome and what the Trust has done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

Stage 2

If you are concerned that the Trust Chief Executive is involved in the wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the relevant person, you should escalate the matter to the Chair of the Board of Trustees. The Chair will arrange for a review of the investigation to be carried out, make any necessary enquiries and make their own report to the board.

Stage 3

If the chair of trustees and CEO it is believed are involved in any wrongdoing or not taking appropriate action, then the matter can be reported to a separate nominated trustee, who will be notified when the Trust receives a request that any matter not be dealt with by the CEO or Chair.

If on conclusion of stages 1 and 2 you reasonably believe that the appropriate action has not been taken, you should report the matter to the relevant body. This includes:

• HM Revenue & Customs
• The Health and Safety Executive
• The Environment Agency
• Natural England
• The Serious Fraud Office
• The Charity Commission
• The Pensions Regulator
• The Information Commissioner
• The Financial Conduct Authority.

You can find the full list in List of Prescribed Persons and Bodies 2015.

Whistleblowing Policy accepted on May 2021
Matthew Easter CEO
Date: 22 April 2021