The Global Association for NLP
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The Whistle-blowing Procedure sets out the framework for dealing with allegations of illegal and improper conduct.
The Whistleblowing Procedure sets out the framework for dealing with allegations of illegal and improper conduct.
ANLP is committed to the highest standards of transparency, probity, integrity and accountability.
This procedure is intended to provide a means of making serious allegations about standards, conduct, financial irregularity or possible unlawful action in a way that will ensure confidentiality and protect those making such allegations in the reasonable belief that it is in the public interest to do so from being victimised, discriminated against or disadvantaged.
This procedure does not replace other policies and procedures such as the Complaints Procedure, the Grievance and Harassment and Bullying Policies and other specifically laid down statutory reporting procedures.
This procedure is intended to ensure that the ANLP complies with its duty under the Public Interest Disclosure Act 1998.
This procedure applies to all ANLP employees, including Associates and contractors.
This procedure does not replace other ANLP policies or procedures. For example, if an employee/contractor or client felt that their employer, manager, colleague, supervisor or coach was treating them unfavourably, they should use the ANLP Harassment and Bullying Policy. Similarly, if someone has a concern about the conduct of a fellow employee in the working environment (e.g. that they are not treating colleagues with respect) they should raise these with their line manager, or if that is not possible, with the CEO, Managing Director, Director or other person of authority and responsibility within the organisation in question.
This procedure applies to, but is not limited to, allegations (including evidenced historical incidents) about any of the following:
Contact Details for Reporting: (in writing) ANLP
ANLP recognises that the decision to make an allegation can be a difficult one to make. However, whistle-blowers who make serious allegations in the reasonable belief that it is in the public interest to do so have nothing to fear because they are doing their duty either to ANLP and/or to those for whom ANLP are providing a service.
ANLP will take appropriate action to protect a whistle-blower who makes a serious allegation in the reasonable belief that it is in the public interest to do so from any reprisals, harassment or victimisation.
All allegations will be treated in confidence and every effort will be made not to reveal a whistle-blower’s identity unless the whistle-blower otherwise requests. However, if the matter is subsequently dealt with through other ANLP procedures such as a legal investigation, it may be necessary for the whistle-blower identity to be given to the relevant authorities. Confidential information will remain confidential as far as legally possible.
Similarly, if the allegation results in court proceedings then the whistle-blower may have to give evidence in open court if the case is to be successful.
ANLP will not, without the whistle-blower’s consent, disclose the identity of a whistle-blower to anyone other than a person involved in the investigation/allegation.
This procedure encourages whistle-blowers to put their name to an allegation wherever possible as anonymous allegations may often be difficult to substantiate/prove. Allegations made anonymously are much less powerful but anonymous allegations will be considered at the discretion of the CEO, Managing Director, Director or other person of authority and responsibility within the organisation in question.
In exercising discretion to accept an anonymous allegation the factors to be considered:
No disciplinary or other action will be taken against a whistle-blower who makes an allegation in the reasonable belief that it is in the public interest to do so even if the allegation is not substantiated by an investigation. However, legal or other suitable action may be taken against a whistle-blower who makes an allegation without reasonable belief that it is in the public interest to do so (e.g. making an allegation frivolously, maliciously or for personal gain where there is no element of public interest).
It is preferable for allegations to be made to an immediate manager of the supervisor/coach to whom they report. However, this may depend on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if the whistle-blower believes that management/owners are involved it would be inappropriate to raise it directly with them. The whistle-blower may then make an allegation direct to any of the following:
If any of the above receive an allegation, they will consider the allegation and may discuss with either the CEO or others with authority in the organisation (where appropriate). After consideration, the matter will discuss with the whistle-blower and if they wish to proceed, the allegation will be investigated.
Whether a written or oral report is made it is important that relevant information is provided including:
Someone making an allegation may be accompanied by another person of their choosing during any meetings or interviews in connection with the allegation. However, if the matter is subsequently dealt with through another procedure the right to be accompanied will at that stage be in accordance with the relevant procedure.
The line manager will record details of the allegation gathering as much information as possible, (within 5 working days of receipt of the allegation) including:
The investigator will ask the whistle-blower for his/her preferred means of communication and contact details and use these for all communications with the whistle-blower in order to preserve confidentiality.
If the allegation relates to fraud, potential fraud or other financial irregularity the Treasurer will be informed within 5 working days of receipt of the allegation. The Treasurer will determine whether the allegation should be investigated and the method of investigation.
If the allegation discloses evidence of a criminal offence it will immediately be reported to the Board of Trustees and a decision will be made as to whether to inform the Police. If the allegation concerns suspected harm to children, the appropriate authorities will be informed immediately.
If the issue is around suspected harm to vulnerable adults, the Safeguarding Policy and Bullying and Harassment Policy should also be referred to.
Where the allegation has been made internally and anonymously, obviously ANLP will be unable to communicate what action has been taken.
ANLP will take steps to minimise any difficulties which may be experienced as a result of making an allegation. For instance, if a whistle-blower is required to give evidence in criminal or disciplinary proceedings, ANLP will guide them to the correct authorities to receive advice about the procedure and advise on the support mechanisms that are available.
ANLP accepts that whistle-blowers need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, we will inform those making allegations of the outcome of any investigation.
The person to whom the allegation is made or the person they refer the allegation to (if they are not a person of legal authority within the organisation) has overall responsibility for the operation of this Procedure and for determining the administrative processes to be followed and the format of the records to be kept.
A Register will record the following details:
The Register will be confidential and only available for inspection by the authorised personnel.
Annual Reports will be made to the company directors on the operation of the Procedure and on the whistle-blowing allegations made during the period covered by the report. The report will be in a form which does not identify whistle-blowers.