Policies and Procedures

All organisations face the risk of things going wrong or unknowingly harbouring malpractice, and Hemswell Parish Council (PC) has a duty to identify such situations and take the appropriate measures to remedy them. It is hoped that such problems can be prevented by encouraging a culture of openness within the PC.

This policy applies to all Employees of the PC and other workers including temporary, subcontracted and agency workers.

By encouraging a culture of openness, the PC wants to encourage Employees and workers to raise issues which concern them at work.  They may be concerned that by reporting such issues they may be exposing themselves to detrimental treatment or risking their job security.  This is not the case.  All members of staff have statutory protection if they raise concerns in the right way.  This policy is designed to give staff that opportunity and protection.  Providing they are acting in good faith, it does not matter if they are mistaken.  There is no question of employees having to prove anything about the allegation they are making, but they must reasonably believe that the information they have implies acts of malpractice.

If there is anything which employees think the PC should know about, they should use the procedure outlined in this policy. By knowing about malpractice at an early stage, the PC has a good chance of taking the necessary steps to safeguard the interests of all who are involved with and have a legitimate interest in its activities. 

Typical examples of malpractice which are covered by this policy are:

• Criminal offences
• Miscarriages of justice.
• Dangers to health and safety
• Damage to the environment.
• Breaches of any legal and/or statutory obligations
• Deliberately concealing any of the above.

The PC is committed to this policy. If an employee uses this policy to raise a concern in good faith, the PC assures them that they will not suffer any form of retribution or detrimental treatment. 

The PC will treat their concern seriously and act according to this policy. They will not be asked to provide anything about the allegation they raise, but they must reasonably believe that the information they have is used in good faith.  If an employee asks for a matter to be treated in confidence, the PC will respect their request.

Hemswell Parish Council's Guarantee:

• If an employee is concerned about any form of malpractice, they should raise the issue with their immediate supervisor.  There are no specific requirements to do this.  They can inform their supervisor verbally or in writing if they prefer.
• If they feel that they cannot deal with their supervisor, for whatever reason, they should address their concerns to the Chair of the PC.

How Hemswell Parish Council will respond:

• Once a concern has been raised, the PC will decide how to respond responsibly and appropriately under this policy. Usually, this will begin with internal enquiries but may progress to either a formal or informal investigation, depending upon the nature of the concern. The PC will endeavour to complete the investigation within a reasonable time scale.
• Depending on the nature of the concern, the investigation may be conducted by either the clerk alone or a team of three Councillors selected by the Full Council.
• The PC will keep the employee informed of the progress of the investigation.  However the PC will not be obliged to reveal information that would infringe the confidentiality of others, the Data Protection legislation or any other statutory obligation.

Raising your concerns externally:

• The purpose of this policy and procedure is to give employees the opportunity and protection they need to raise concerns internally.  The PC would expect that in almost all cases, raising concerns internally would be the most appropriate action to take.

• However, if employees feel that they cannot raise their concerns internally and reasonably believe that the information and allegations are substantially true, they can consider raising the matter with the appropriate regulator – external auditor, HSE, etc.
• 'Protect' (previously Public Concern at Work) is an independent charity whose main objective is to promote compliance with the law and good practice in the public, private and voluntary sectors.  The charity be contacted via https://protect-advice.org.uk/
• If you have any questions regarding this policy and procedure, please feel free to discuss the matter with the clerk.