Whistleblowing Policy

1.1 The University is committed to conducting its business with honesty and integrity, and to the highest standards of ethical behaviour and professional conduct. However, there is a possibility of inappropriate behaviours or unlawful practices occurring within any organisation.

1.2. It is often individuals who are the first to observe such behaviours or practices occurring. The University encourages an environment of openness and accountability, where individuals feel able to raise in good faith genuine concerns, without fear of detriment, and that they will be taken seriously, even if it later transpires that they were mistaken.

1.3. The University has a number of policies and processes in support of the University’s values, which provide individuals with a way to speak up. The Whistleblowing Policy provides a route to raise serious matters about inappropriate behaviours and unlawful practices taking place within the University, that do not otherwise fall within its other policies.

1.4. It is vital that the University is made aware when things are not happening the way they should. By speaking up you are playing an important role in helping the University to improve the student experience and the working environment.

2.1. A ‘whistleblower’ is a person who, in good faith, comes forward with genuine, serious concerns of suspected wrongdoing or dangers that they have observed within an organisation. This may occur in different forms. What is covered by this policy is set out below.

2.2. The Public Interest Disclosure Act 1998 (“PIDA”) is designed to give protection to workers (including employees and agency workers) from suffering any form of detrimental treatment as a consequence of them reporting instances of suspected wrongdoing, that are matters of public interest.

3.1. The University has chosen to extend protections beyond the scope of PIDA. Whilst PIDA specifically covers workers, this policy makes provision for any member of staff, agency worker, student, member of Council, those contracted to provide services to the University as well as any persons with a genuine connection to the University to raise concerns in good faith about inappropriate behaviours and unlawful practices within the University and to do so with the confidence that they will not be subject to any detriment as a consequence of coming forward.

3.2. For the purposes of this policy, such inappropriate behaviours and unlawful practices are:

3.2.1. a criminal offence has been committed, is being committed or is likely to be committed;

3.2.2. a person has failed, is failing or is likely to fail to comply with any legal obligation to which he, she or they are subject;

3.2.3. a miscarriage of justice has occurred, is occurring or is likely to occur;

3.2.4. the health or safety of any individual has been, is being or is likely to be endangered;

3.2.5. the environment has been, is being or is likely to be damaged;

3.2.6. financial malpractice, impropriety or fraud;

3.2.7. academic or professional malpractice;

or 3.2.8. that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

4.1. In the first instance, you should raise concerns informally with local management, your tutor or contract manager, who may be able to resolve the matter quickly and effectively.

4.2. However, if you feel that an informal report is not appropriate or if you feel that it has not subsequently been adequately addressed, you should raise your concerns with the Director of Legal Services (the “Whistleblowing Officer”). Members of Council should raise concerns directly with the Whistleblowing Officer.

4.3. If your concerns relate to the Whistleblowing Officer, you should raise it with the Chief Operating Officer or the Chief Finance Officer.

4.4. In the event of concerns relating to a member or members of the University’s Senior Management team, the Whistleblowing Officer will promptly notify a designated lay member of University Council.

5.1. Reports of concerns received by the Whistleblowing Officer will first be assessed to determine whether they fall within the scope of this policy or should be handled under another policy (e.g. staff grievance or student complaints). The Whistleblowing Officer may refer complaints to these other processes where they feel this is appropriate.

5.2. Where criminal conduct is alleged, the Whistleblowing Officer may at any stage refer the matter to the Police.

5.3. If the Whistleblowing Officer determines that the reported concerns merit further investigation under this policy, they will arrange for a formal investigation to be carried out. You will be informed of the identity of the selected investigating officer. If you have any reasonable objections to the person selected in carrying out the investigation you must notify the Whistleblowing Officer within two working days setting out the basis of your objection. The Whistleblowing Officer shall consider your objections, but shall have the final decision on the appointment of the investigating officer.

5.4. Those identified as the subject of the report will normally be informed of the allegations made against them (but not by whom) and will be provided with the information that support such allegations and be given an opportunity to respond.

5.5. The investigation will be carried out as swiftly as possible dependant on the nature and complexity of the matter and you will be kept informed at key stages throughout the process.

5.6. You and/or anyone else participating in an investigation may be accompanied by a work colleague or trade union representative, or if you are a student, accompanied by a fellow student or Student’s Union representative.

5.7. On conclusion of the investigation, the investigating officer shall make recommendations in light of their findings. The Whistleblowing Officer shall decide on the appropriate course of action having due regard to the recommendations received from the investigating officer.

5.8. Provided it does not relate to them, the Whistleblowing Officer may discuss complaints with the Secretary to University Council.

5.9. If the Whistleblowing Officer believes at any stage that a report is vexatious, malicious or otherwise without merit, they may decide that no further action shall be taken.

5.10. A record of all reports, evidence gathered, actions and outcomes will be kept by the University for no less than two years and in accordance with data protection legislation.

6.1. Confidentiality is important to ensure an investigation is fair and anyone involved in an investigation must maintain such confidentiality throughout. This includes you, any companion, the investigating officer, the Whistleblowing officer and anyone else contributing to the investigation, including witnesses or experts.

6.2. If you make a report under this policy, your identity will be protected to the extent possible in the circumstances.

6.3. In some instances, the source of a report may be obvious or it may become necessary to disclose your identity in order to proceed appropriately (for example, if your testimony is required at a disciplinary hearing). In the event it becomes necessary to disclose your identity, this will be discussed with you at the earliest possible point.

6.4. Anonymous reports can be difficult to properly investigate. For example, the investigator will be unable to ask questions to acquire necessary additional detail from you. Due weight will be given to anonymous reports. You are encouraged to come forward in order that the matter can be thoroughly investigated.

7.1. This policy and disclosures protected by PIDA serve to protect those who speak up. If you have raised a concern and subsequently feel that you have been subject to a detriment as a result, then please tell us:

7.1.1. staff should speak to Human Resources for support, who will work with all interested parties to seek a resolution;

7.1.2. students should raise the matter with Student Voice in the first instance, who will advise accordingly;

and 7.1.3. contractors should raise the matter with the Director of Finance

8.1. The University hopes that this policy gives you the confidence and courage to come forward with your concerns and demonstrates that they will be taken seriously and without reprisals. If you wish to seek independent advice about a whistleblowing matter you can contact a trade union representative, student union or Protect (the UK’s whistleblowing charity) who offer free, confidential support for whistleblowers.