WhistleBlowing Policy

Eden Training Solutions (F) always strives to safeguard and act in the interest of the public and its employees.

Definition

Whistleblowing is the name given to the act of the disclosure of information to the employer or the relevant authority by an individual who knows, or suspects, that the Organisation is responsible for or taken part in some wrongdoing.

Those making qualifying disclosures are protected against dismissal or detriment by The Public Interest Disclosure Act 1998.

Qualifying disclosures

Certain disclosures are prescribed by law as “qualifying disclosures”. A “qualifying disclosure” means a disclosure of information that you genuinely and reasonably believes is in the public interest and shows that the Organisation has committed a “relevant failure” by:

  • committing a criminal offence
  • failing to comply with a legal obligation
  • a miscarriage of justice
  • endangering the health and safety of an individual
  • environmental damage or
  • concealing any information relating to the above.

These acts can be in the past, present or future, so that, for example, a disclosure qualifies if it relates to environmental damage that has happened, is happening, or is likely to happen. The Organisation will take any concerns that you may raise relating to the above matters very seriously.

The Employment Rights Act 1996 provides protection for workers who ‘blow the whistle’ where they reasonably believe that some form of illegality, injustice or breach of health and safety has occurred or is likely to occur. The disclosure has to be “in the public interest”. We encourage you to use the procedure to raise any such concerns.

Should the concern not meet the requirement to be a qualifying disclosure, you should raise this under the Organisation’s grievance policy. Where a concern is raised under the whistleblowing policy where it is not appropriate to do so, i.e. it relates to a personal grievance, the receiving manager will confirm that the matter will be addressed under the grievance policy.

The procedure

An employee should initially raise their concern about the above practices or actions with their Line Manager who will notify the employee in writing of any necessary remedial action taken. If it is their Line Manager with whom the employee has a concern, then the issue should be raised with a Senior Manager. Alternatively, a concern can be raised via whistleblowing@eden-ts.com. All concerns reported will be treated in the utmost confidence.

Following receipt of a disclosure made under this policy, an investigation meeting will be held. The purpose of this meeting is to gather as much information as possible from the employee regarding the concerns, including whether they have any supporting evidence or can identify any witnesses.

After this meeting, the investigating manager will commence a full investigation into the concerns raised. The investigation will aim to gather all relevant information including relevant documentary evidence or witness statements.

Once the investigation is complete, the investigation manager will write to the employee confirming the outcome.

Where the employee is dissatisfied with the response then he or she should raise the matter in writing directly with a Senior Manager not involved in the original decision.

Any allegations relating to Safeguarding will be dealt with in accordance with Part 4 of Keeping Children Safe in Education (KCSE) 2023. This includes following guidance regarding information sharing which can be found in Part 2 of Keeping Children Safe in Education (KCSE) 2023.

Formal action

Should formal action be required as a result of any disclosure made under this policy, this action will be carried out in accordance with the applicable internal policy. Any potential sanctions imposed will be fair and reasonable in line with the relevant policy.

Protection against detrimental treatment

Everyone who raises matters of concern under this policy are protected against detrimental treatment, up to and including dismissal, because they have made a disclosure. 

Bullying, harassment or any other detrimental treatment afforded to a colleague who has made a qualifying disclosure is unacceptable. Anyone found to have acted in such a manner will be subject to disciplinary action.

Where the employee who raises the concern is found to be culpable or in any way involved in the practice or action or if the employee raises the concern maliciously or in a manner not prescribed in the procedure above, then they may be subject to the appropriate disciplinary action.

Employees are strictly not permitted to publicise their concerns or abuse the Procedure by maliciously raising unfounded allegations.

This Policy and Procedure have been designed to ensure employees do not feel the need to raise concerns anonymously. Employees should be clear that Eden prefers that a concern is raised in a responsible manner rather than not at all.