Whistleblowing Policy Agreed 2024

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Whistleblowing Policy and Procedure
This policy sets out the procedure to ensure that the Town Council deals with
Whistlblowing and that employees who speak up are treated fairly
Approved by Council 22 April 2024

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1. Policy Statement
Employees are often the first to realise that there may be something wrong within
their organisation. However, they may not feel able to express their concerns because
they feel that speaking up would be disloyal to their colleagues or to their employer.
They may also be apprehensive about the consequences and they may mistakenly
feel that it may be easier, therefore, to ignore the concern rather than report what
may be no more than a suspicion of malpractice.
North Petherton Town Council is committed to the highest standards of openness,
probity, and accountability. It expects employees, and others that it deals with, who
have serious concerns about any aspect of the Town Council’s work, to come forward
and voice those concerns. The word ‘whistleblowing’ in this procedure refers to the
disclosure, internally or externally, by employees of malpractice, as well as illegal acts
or omissions at work.
This policy makes it clear that all employees can report, in a confidential manner, their
concerns without fear of victimisation, subsequent discrimination or disadvantage,
and is intended to encourage and enable serious concerns to be raised with the Town
Council, rather than overlooking a problem or ‘blowing the whistle’ outside. It is
stressed that under the Public Interest Disclosure Act 1998, employees of the Town
Council who speak out against corruption or malpractice at work have statutory
protection against victimisation, dismissal or other disadvantage.
2. Scope
This policy applies to employees of North Petherton Town Council. Agency workers,
casual workers and other individuals performing functions for the Council, such as
contractors, are also encouraged to use the procedure.
3. Aims
This policy aims to:
• Encourage employees to feel confident in raising serious concerns in those
cases where they do not wish to use the normal reporting routes.
• Provide alternative avenues for raising concerns;
• Ensure that responses to concerns are made; and
• Reassure employees that they will be protected from possible reprisals or
victimisation if they have made a qualifying disclosure to address their
concerns.
4. Background
The law provides protection for employees who raise legitimate concerns about
specified matters. These are called ‘qualifying disclosures’. A qualifying disclosure is

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one made in the public interest by an employee who has a reasonable belief that one
of the following is being, has been, or is likely to be committed:
• A criminal offence;
• A miscarriage of justice;
• An act creating a risk to health and safety;
• An act causing damage to the physical environment;
• A breach of any other legal obligation; or
• Concealment of any of the above
An employee who makes such a protected disclosure has the right not to be
dismissed, subjected to any other detriment (e.g. disciplinary action), or victimised
because he/she has made a disclosure.
The employee has no responsibility for investigating the matter; it is North Petherton
Town Council’s responsibility to ensure that an investigation takes place.
The Town Council fully understands that employees who are members of a Trade
Union may, in the first instance, wish to seek advice and guidance from their Union on
the application of this procedure.
This procedure is for disclosures about matters other than a breach of an employee's
own contract of employment. If an employee is concerned that his/her own contract
has been, or is likely to be, broken, he/she should use the Town Council’s Grievance
Procedure.

5. Safeguards
5.1 Harassment or Victimisation
North Petherton Town Council recognises that the decision to report a concern
can be a difficult one to make, not least because of the fear of reprisal from the
person(s) who is/are the subject of the complaint. However, if employees state
the truth when making a disclosure they should have nothing to fear because they
will be doing their duty to their employer and those for whom they are providing a
service.
North Petherton Town Council will not tolerate any form of harassment or
victimisation by any worker and will take appropriate action to protect individuals
when they make a qualifying disclosure.
5.2 Confidentiality
All concerns will be treated in confidence and every effort will be made to protect
an employee’s identity if that is their wish. At the appropriate time, however, they
may need to be called as a witness, following a full factual investigation of the
concerns raised.

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5.3 Anonymous Allegations
In order to ensure that employees receive the protection of the Public Interest
Disclosure Act 1998, employees should put their name to their concern.
Concerns expressed anonymously are much less convincing. Anonymous
concerns and allegations will therefore be investigated at the discretion of the
Town Council.
In exercising the discretion the factors to be taken into account would include:
• The seriousness of the issues raised;
• The credibility of the concern; and
• The likelihood of confirming the allegation from factual evidence.
5.4 Unsubstantiated Allegations
If an employee makes an allegation which they reasonably believe to be true but it
is not confirmed by the investigation, no action will be taken against them.
However, if they make an allegation frivolously, maliciously, or for personal gain,
disciplinary action may be taken against them.
6. Procedure For Making A Disclosure
6.1 Step One – Raising a Concern
Whenever possible you should raise your concern with the Town Clerk.. If the
complaint is about the Town Clerk then your concern should be raised with the
Mayor or Deputy Mayor; the Mayor / Deputy Mayor should then seek advice from
an appropriate organisation e.g. Association of Local Councils or South West
Councils.
6.2 Step Two – How The Council Will Respond
The action taken will depend on the nature of the concern. The matters raised
may:
• be investigated internally by management, or through the disciplinary or
other internal process
• be referred to the Police
• be referred to the External Auditor
• form the subject of an independent inquiry.
In order to protect individuals and the Town Council, initial enquiries will be made to
decide whether an investigation is appropriate and, if so, what form it should take.
Concerns or allegations which fall within the scope of specific procedures of North
Petherton Town Council will normally be referred for consideration under those
procedures. Some concerns may be resolved by agreed action without the need for
investigation. If urgent action is required this will be taken before any investigation is
conducted.
You will be written to within ten working days:
• acknowledging that the concern has been received
• indicating how the Town Council proposes to deal with the matter

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giving an estimate of how long it will take to provide a final response
informing you if any initial enquiries have been made
whether further investigations will take place and, if not, why not

6.3 Contact
The amount of contact between the officers considering the issues and the person
raising the issue will depend on the nature of the matters raised, the potential
difficulties involved and the clarity of the information provided. If necessary, further
information will be sought.
6.4 Attending Meetings
When any meeting is arranged the person raising the issue has the right to be
accompanied by a trade union representative or a workplace colleague who is not
involved in the area of work to which the concern relates or a lay-person.
6.5 Support
North Petherton Town Council will take steps to minimise any difficulties that the
person raising the issue may experience as a result of raising a concern. For instance,
if you are required to give evidence in criminal or disciplinary proceedings, North
Petherton Town Council will advise or arrange for you to have advice about the
procedure.
North Petherton Town Council will not tolerate harassment or victimisation (including
informal pressures) and will take action to protect individuals who raise a concern in
good faith.
North Petherton Town Council accepts that you need to be assured that concerns will
be properly addressed and, subject to legal constraints, will provide information about
the outcomes of any investigations.
7.

How The Matter Can be Taken Further

This procedure is intended to provide individuals with an avenue to raise concerns
within North Petherton Town Council If you are not satisfied, and feel it is right to take
the matter further, the following are possible contacts:
• Public Concern at Work
• Audit Commission
• the Police
• Health and Safety Executive
• Her Majesty’s Revenue and Customs
If a matter is taken outside North Petherton Town Council you must take all
reasonable steps to ensure that confidential or privileged information is not disclosed.
If in doubt, check with the Town Clerk.

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