Whistle-blowing Policy Whole School
#MAKINGADIFFERENCE
DATE REVIEW DATE
February 2023 February 2025
Owner Version Number: Working Date: Legal Sign off by: Date: Type of Policy:
Director Ver05 15/12/2019
Authorised by Exec Authorised by the Board Effective date of Policy: Circulation:
Internal 23/02/2023
ALL
Contents 1.
PREAMBLE .......................................................................................................... 3
2.
INTRODUCTION..................................................................................................3
3.
SCOPE ................................................................................................................ 4
4.
PROCEDURE ......................................................................................................4
5.
CONFIDENTIALITY .............................................................................................. 4
6.
PROTECTION OF THE WHISTLE-BLOWER ............................................................ 5
7.
WHO DO YOU REPORT MISCONDUCT TO? ..................................................... 5
8.
HOW DO YOU REPORT MISCONDUCT? ........................................................... 5
9.
ANONYMOUS COMPLAINTS ............................................................................. 6
10. INVESTIGATION ..................................................................................................6 11. MALICIOUS ALLEGATIONS ................................................................................ 6
1.
Preamble
1.1
JESS prides itself on being a working environment where every employee feels valued, comfortable and confident to raise any suspected wrongful conduct without fear of judgement or retribution. This Policy has been created to enable employees and contractors to discharge their moral obligation to report any wrongful conduct witnessed or suspected.
2.
Introduction
2.1
If you observe what you believe to be wrongful conduct, you have the right and the duty to report it without fear of retaliation. The Policy on ‘whistle-blowing’ is intended to demonstrate that the School: • will not tolerate misconduct; •
• •
respects the confidentiality of staff raising concerns and will provide procedures to maintain confidentiality so far as is consistent with progressing the issues effectively; will provide the opportunity to raise concerns outside of the normal line management structure where this is appropriate; will provide a clear and simple procedure for raising concerns, which is accessible to all members of staff.
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3.
Scope
3.1
This Policy is applicable to all employees and volunteers (including consultants or outside contractors) who would like to report a malpractice or fraudulent activity (herein referred to collectively as ‘Misconduct’).
3.2
Misconduct is not easily defined; however, it includes child-protection issues, plus also harassment by and between members of staff, allegations of fraud, financial irregularities, corruption, bribery, dishonesty, acting contrary to the School policies, criminal activities, or failing to comply with a legal obligation, a miscarriage of justice, or creating or ignoring a serious risk to health, safety or the environment.
4.
Procedure
4.1
This procedure is separate from the School’s procedures regarding grievances. Employees should not use the ‘whistle-blowing’ procedure to raise grievances about their personal employment situation. Such grievances should be raised via the Staff Grievance Policy.
5.
Confidentiality
5.1
Employees or volunteers who wish to raise a concern under this Policy are entitled to have the matter treated confidentially. Their name will not be disclosed to the alleged perpetrator of malpractice without their prior approval where possible.
5.2
It may be appropriate, to preserve confidentiality, that concerns are raised orally rather than in writing, although members of staff are encouraged to express their concern in writing wherever possible.
5.3
All employees and volunteers have a duty of confidentiality. Any information received in the course of employment must not be disclosed to anyone outside of the School and must not be used for an employee or volunteer’s own benefit or the benefit of others.
5.4
Any individual who reports or provides information as part of an investigation must maintain the confidentiality of that information, and of the investigation. Further, all information reported, irrespective of how it is received, must be considered confidential, and may not be disclosed or discussed with any other individual, other than for the purpose of conducting the investigation.
5.5
If there is evidence of criminal activity, then the Police must be informed. Failure to do so is a crime in its own right.
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6.
Protection of the Whistle-blower
6.1
This Policy is intended to encourage and enable employees and volunteers to raise a genuine and legitimate concern for investigation and appropriate action.
6.2
Accordingly, anyone who, in good faith, reports Misconduct shall not be subject to retaliation or, in the case of an employee, adverse employment consequences.
6.3
Moreover, an employee or volunteer who retaliates against someone who has reported Misconduct in good faith will be subject to disciplinary actions as per disciplinary policies.
7.
Who do you report Misconduct to?
7.1
The School encourages employees or volunteers to discuss the Misconduct with his/her Line Manager, or any member of the SLT or Executive team.
7.2
There are circumstances where an employee may be entitled to raise a concern directly with an external body where the employee reasonably believes that exceptionally serious circumstances justify it.
7.3
Staff may consider informing the Board of Governors (GovernorsGrp@jess.sch.ae) in the first instance.
8.
How do you report Misconduct?
8.1
The Whistle-blower shall report Misconduct through the following methods:
8.2
8.1.1
Direct Meeting: The Whistle-blower may opt to report Misconduct to his/her Line Manager or a member of the SLT or Executive team personally.
8.1.2
Phone Call: The Whistle-blower may opt to report Misconduct on 04 361 9019.
8.1.3
Email: The Whistle-blower can raise the Misconduct concern by emailing his/her Line Manager or a member of the Executive team.
8.1.4
Online form: Complete the online form. The HR Manager receives any complaints made via the Online form. The HR Manager will delegate the complaint for investigation to an appropriate member of staff, depending on the issue and against whom the allegation is made.
Whistle-blowers reporting a known or suspected Misconduct shall provide the following information: 8.2.1
Name, position and contact numbers of the Whistle-blower (if willing); Page 5 of 6
8.2.2
Full name and position of the person(s) being complained about / reported;
8.2.3
Details of the Misconduct;
8.2.4
Relevant/material facts and reasonable grounds for the Misconduct; and
8.2.5
Evidence(s) that support the report (if any).
8.3
Based on the merit of the complaint and on consultation with the Director and/or Chair of Governors, a decision shall be made to commence investigations or otherwise.
9.
Anonymous Complaints
9.1
Whistle-blowers who opt to make an anonymous report due to fear or pressure especially for highly confidential and sensitive matters, may do so by detailing the suspected Misconduct in writing or via the Online form. An anonymous report should be detailed to the greatest extent possible because follow up questions will not be possible, making the investigation and resolution of the report difficult.
10.
Investigation
10.1
The School is committed to investigating all Misconducts that are reported. Upon receipt of the claim of Misconduct, the School may respond to the Whistle-blower, setting out the general plan of action by the Director and/or Chair of Governors.
10.2
The person to whom the suspected Misconduct is reported will acknowledge receipt of your report within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. The Whistle-blower will be informed when the investigation has concluded. However, the extent to which the Whistle-blower is informed of the contents of the findings may be subject to any legal requirements.
11.
Malicious Allegations
11.1
Whistle-blowers are discouraged from making false and malicious allegations. Any malicious use of the Whistleblowing Policy by an employee or volunteer will result in disciplinary action against the Whistle-blower, up to and including termination of employment.
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