Whistleblowing and reporting serious concerns

• ensure that everyone is treated in a fair, consistent and equal manner, free from discrimination and victimisation
  
• be clearly written, easy to understand and apply
  
• ensure compliance with the Employment (Jersey) Law 2003, the Discrimination (Jersey) Law 2013 and other relevant legislation and regulations
  
• encourage employees to raise concerns about wrongdoing, malpractice or misconduct where the interests of others or the organisation may be at risk
  
• provide clear guidance to employees who have reasonable and legitimate concerns about malpractice or misconduct, enabling them to raise such concerns confidentially, responsibly and through the correct channels
  
• encourage employees to report suspected wrongdoing as soon as possible, confident that their concerns will be taken seriously and investigated thoroughly and respectfully
  
• reassure employees that they can raise genuine concerns in good faith and through appropriate channels without fear of reprisals, even if the concerns are subsequently found to be unfounded
  
• ensure that employees who report concerns have access to and receive appropriate and adequate support
  
• ensure that employees who are the subject of concerns also receive appropriate and adequate support
  
• deter wrongdoing, in line with the employer’s risk management and governance framework
  
• ensure that concerns and disclosures are handled appropriately, fully and in a timely manner
  
• provide transparency around the employer’s framework for receiving, handling and investigating all disclosures
  
• support the employer’s Core Values, Behaviours and Codes of Practice
  

• grievance policy
  
• dignity and respect at work policy
  
• disciplinary policy
  
• equalities and diversity policy on Mystates (internal website)
  
• managing attendance policy on Mystates
  
• capability policy on Mystates
  

• clinical, professional or managerial malpractice of anyone within the care of the Jersey Public Services, for example, abuse of patients, learners, prisoners, service users or employees
  
• concerns about safeguarding practices affecting vulnerable people
  
• criminal activity which has been committed or likely to be committed, for example, theft of Jersey Public Service property, use of illicit drugs, violence or the threat of violence and damage to Jersey Public Service property
  
• failure to comply with a legal duty or requirement, including failing to comply with regulatory or professional obligations
  
• danger or concerns about health and safety including ineffective health and safety risk management
  
• damage, or the risk of damage to the environment
  
• financial irregularities, including fraud or suspected fraud, money laundering or misappropriation of funds
  
• embezzlement or misappropriation of property
  
• offering, giving, soliciting or receiving bribes in any form
  
• accepting financial incentives such as facilitation payments
  
• misuse of position or influence for personal advantage or gain
  
• showing undue favour over a contractual or tendering matter
  
• negligence
  
• breach of employee codes of practice, rules and internal policies and procedures
  
• conduct likely to damage the reputation of the Jersey Public Service and its services
  
• engaging in, or threatening to engage in detrimental conduct against a person who has raised a concern or is believed or suspected to have made, or is about to make a damaging disclosure
  
• attempts to conceal information to any of the above​
  

Serious concerns raised by external service providers​

If you are a contractor, agency worker, supplier, volunteer, or former employee, you may raise a whistleblowing concern under this policy.

Disclosures to commissioners or regulators

Departments that must comply with Jersey and UK regulatory or statutory provisions that define ‘serious concerns’, including, but not limited to, Health and Care Jersey, the Law Officers’ Department, and roles governed by anti–money laundering legislation are required to follow the disclosure obligations set by their respective professional bodies. Where the criteria for reporting are met, Whistleblowing Protection Officers, together with departmental Chief Officers, have a duty to disclose any concerns raised in accordance with those requirements.

Describing your concerns

Concerns can be made in person, in writing, via the reporting site or other methods outlined in this policy and procedure. When raising a concern or making a disclosure, as much information as possible should be given, including, for example:

• the background and general information about the concern
  
• the names of any individuals involved
  
• details of the dates and places where the events that have led, or are likely to lead to, the concern
  
• if you have a personal interest in the matter, you must declare this when raising the concern
  

You will need to demonstrate that there are grounds for your serious concern, but you are not expected to prove the truth of the allegation. Wherever possible, you should provide specific information rather than a broad allegation.

In situations where information has been sourced from a third party or has been through hearsay, any concerns can be progressed via the EthicsPoint whistleblowing reporting site where it will be reviewed. You must also ensure that any information or data being shared is done so line in with data protection legislation.

Managing a serious concern and disclosure​

However your concern is raised, it will be managed with in the same way. Your concern will be assigned to a departmental Whistleblowing Protection Officer who will have responsibility for managing your disclosure, or, if your disclosure is regarding fraud or other financial matters areas, then the matter will be directed to the fraud and corruption online reporting site.

All recipients of serious concerns are responsible for recording them on the EthicsPoint whistleblowing reporting site.

A serious concern can generally be split into 2 categories:

• those that need to be referred to an external agency
  
• those that can remain an internal process
  

External process

Dependent on the nature of the concern, it may no longer be appropriate to remain as an internal process. It may be necessary to refer to external agencies such as, the States of Jersey Police or Multi Agency Safeguarding Hub (MASH), as the concern may become the subject of an independent enquiry. The Whistleblowing Protection Officer has the responsibility for deciding on the right course of action and making the referral to the relevant authority.

Internal process

If it is appropriate to remain as an internal process, the allocated Whistleblowing Protection Officer will have specific responsibility for ensuring that the serious concern raised is addressed appropriately.

The Whistleblowing Protection Officer will review your concern and decide if further investigation is needed. The Whistleblowing Protection Officer may contact you directly to request further information.

You will be asked if you are comfortable and give permission for your identity to be disclosed should further action be taken, and if not, will be advised of the anonymous provisions of this policy.

Any discussion that takes place will be summarised in writing and you will be provided with a copy of the summary for your records.

If you have raised your concern anonymously via the EthicsPoint whistleblowing reporting site, then you will be communicated with directly through the site via the log in details you would have acquired at the time of reporting the concern.

While the employer cannot always guarantee the desired outcome sought by you, the whistleblower, it will deal with the serious concern raised, fairly, thoroughly and impartially.

Where serious concerns are found, appropriate action will be taken. Whistleblowing Protection Officers are not experts in all areas of concern and where appropriate may need to commission an external investigator.

Timeframes​

The timely resolution of serious concerns raised is very important to us and therefore action will be taken quickly.

Within 2 working days of receiving your concern, the Whistleblowing Protection Officer will acknowledge receipt of your concern and explain next steps in line with the internal process.

Within 10 working days, the Whistleblowing Protection Officer will contact you to arrange a meeting or seek further information, where required.  

Within 20 working days, you will be provided with an update on the proposed next steps.

This may include whether an investigation will be carried out, the expected timescales for any investigation, and whether the concern would be more appropriately addressed under an alternative policy.

If these timescales cannot be met, you will be kept informed of progress and provided with a revised update date.

​The amount of detail you receive may be limited and dependant on the circumstances to adhere to confidentiality and data protection.

If you have reported your concern anonymously using the EthicsPoint Whistleblowing reporting site, then you will receive any updates through there.

It should be noted that for more complex concerns, the above timeframes may be extended. This also applies to matters that are referred to the Police or a Professional body, for example, the Nursing and Midwifery Council (NMC).

Notifying an employee that a complaint has been made against them

When a concern is raised about an employee, referred to as the respondent under this policy, the Whistleblowing Protection Officer is responsible for informing them at an appropriate stage and providing them with sufficient information to understand the nature of the concern raised against them.

The Whistleblowing Protection Officer will ensure that the respondent is kept appropriately informed of progress being made, while maintaining confidentiality and safeguarding the integrity of the procedure. They will also seek to manage expectations regarding communication, recognising that there may be periods where limited updates can be provided while an investigation remains ongoing. During such times, individuals may refer to Ethicspoint for updates where available.

The organisation acknowledges that being involved in a whistleblowing process can be a stressful and, at times, distressing experience.​ The respondent's Chief Officer and line manager will be notified if appropriate. Both them and the Whistleblowing Protection Officer will ensure that the respondent will be treated with care, fairness and respect throughout and will have access to appropriate support in line with this policy, procedure and relevant legislation.​

​Investigations​​

All investigations will be conducted objectively, fairly and independently, while maintaining confidentiality and the conducting workplace investigations for public servants guidelines​ will be followed.

Any investigation will be undertaken by a suitably trained or experienced workplace investigator who has had no prior involvement with the case. If internal to the Jersey Public Service, investigators can be appointed from another department. Depending on complexity and nature of the concern, it may be more appropriate to appoint external investigators.

The Whistleblowing Protection Officer is responsible for appointing an independent investigator.

All investigations will start as soon as practicable, and whilst it is impossible to determine a definitive timeframe, investigations will be completed in a timely manner.

Anonymous disclosures are generally more difficult to investigate, however, an anonymous disclosure may be investigated if sufficient information has been provided.

Criminal matters will be referred to the police for investigation. If an investigation leads to criminal or civil proceedings, any information or evidence gathered as part of the investigation, even if not subsequently used in the proceedings, may be disclosed as part of the legal obligations of the parties.

Outcome​

Any findings or recommendations that may have been made by the investigator will be sent in a report to the Whistleblowing Protection Officer.

The Whistleblowing Protection Officer will share the report with the Chief Officer of the relevant department to consider and determine what action should be taken from the findings of the investigation.

Should the Chief Officer be the subject of the concern, then the outcomes and findings will be referred to the Chief Executive Officer.

Any further action from the whistleblowing process, such as disciplinary, will be managed in line with the appropriate policy and procedure and the whistleblowing concern will be updated and closed in the EthicsPoint Whistleblowing site​ for reporting purposes.

Whilst you will not be given a copy of the investigation report, you will be provided with confirmation that the matter has been properly addressed.

Should the outcome lead to disciplinary, capability or other proceedings, you will not be informed about a confidential process in respect of another employee. The Chief Internal Auditor and Chief People Officer will receive the outcomes of all matters raised for annual reporting purposes.

Untrue allegations​

If you raise a serious concern in good faith, and it is not upheld following investigation, no action will be taken against you.

Concerns should be raised when there is a reasonable belief that raising the concern is in the public interest and should not be raised if they are malicious or vexatious matters that are not in the public interest or do not align with this policy and procedure.

Withdrawal of serious concerns​

If you choose to withdraw your serious concern, this must be done in writing to the person to whom the serious concern was initially raised and, or to the Whistleblowing Protection Officer. If we feel the circumstances warrant it, we reserve the right to continue to investigate a serious concern that has been withdrawn.

External disclosures​

Disclosures to the media or to an external party may place sensitive information at risk, compromise investigations or cause unnecessary damage to the organisation. Employees must therefore use the whistleblowing procedure.

Failure to follow internal whistleblowing processes may result in whistleblowing rights being revoked and or disciplinary action being taken against the individual concerned.​

If you have exhausted the internal process and you believe your concern remains unresolved, you may escalate it to the appropriate external body, such as the Commissioner of Standards, the Children’s Commissioner, the Care Commission, or the Charity Commission.

Support​

The wellbeing of employees is a priority for the Jersey Public Service, and we will ensure that all staff implicated in a serious concern are treated fairly, feel safe and are fully supported.​

To ensure all employees implicated are supported, all the measures and mechanisms listed below would be considered for all parties effected during the whistleblowing process:

• as soon as a disclosure is made, the Whistleblowing Protection Officer will assess the risk of detriment against the member of staff and other persons
  
• consideration will be given to the most appropriate action, which may include allowing duties to be performed from another location, reassign or relocate to another role at the same grade
  
• in exceptional circumstances and where a discussion has taken place and approval has been given with the necessary people, taking extended leave may be considered
  
• a referral to Occupational Health which may include access to counselling services. This can include interventions to assist with managing stress, time or any impact on performance or any other challenges resulting from the whistleblowing process
  
• access to the Employee Assistance Programme (EAP)
  
• all parties will be notified of any allegations in a timely fashion, and the process and procedures will be fully explained
  
• any investigations undertaken will be objective, fair and independent
  
• disclosures will be handled confidentially
  

The Whistleblowing Protection Officer will ensure that management are aware of their responsibilities to maintain confidentiality of a whistleblower, address the risk of isolation or victimisation, harassment, manage any conflicts and ensure fairness.

If detriment has occurred to any person raising a whistleblowing concern, the Whistleblowing Protection Officer will ensure that an investigation takes place to address the detrimental conduct which may result in disciplinary action being taken.

Protection against victimisation

It is understandable that whistleblowers are sometimes worried about possible repercussions or reprisal. The Jersey Public Service aims to encourage openness and will support employees who raise genuine concerns in good faith under this policy, even if they turn out to be unfounded.

The Jersey Public Service will do everything reasonably possible to protect everyone who raises concerns regarding victimisation. Employees must not suffer any detrimental treatment because of raising a concern in good faith.

Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If a whistleblower believes they have suffered any such treatment, they should inform the Whistleblowing Protection Officer immediately.

Victimisation of employees raising concerns will be treated as a serious matter and disciplinary action will be taken if so warranted. No one must be allowed to threaten or retaliate against whistleblowers in any way, and deterring employees from raising a genuine concern via this policy is also a disciplinary offence. We will not tolerate any attempt to cover up any issues raised through this policy.​

​Right to be represented or accompanied, including companion support​