Queen Mary, University of London Students’ Union

QMSU Services Limited

Whistleblowing Policy and Procedure

  1. Definitions

In this Policy and Procedure the terms listed below have the meanings shown:-

‘the Union’ / Queen Mary, University of London Students’ Union, registered charity no 1147886, company registration no 8092471
‘QMSU Services’ / QMSU Services Limited, company registration no 6677304, the wholly owned subsidiary of QMSU
‘QMUL’ / Queen Mary University of London
‘ERA’ / Employment Rights Act 1996
‘Workers’
include / employees of the Union (including Executive Officers) and/or QMSU Services
staff working for the Union and/or QMSU Services under contracts of employment with QMUL
individuals working for the Union and/or QMSU Services under a contract for services
other ‘workers’ of the Union and/or QMSU Services as defined under sections 230 and 43K ERA (as may be amended from time to time)
‘Volunteers’
include / trustees/directors of the Union
Union part time officers and student representatives, and other elected representatives
non-executive directors of QMSU Services
other volunteers of the Union and/or QMSU Services
‘Students’ / Student members of the Union
  1. Scope of this policy and procedure

2.1Whistleblowing (or public interest disclosure) is the disclosing of information to an appropriate person within the workplace or, in some circumstances,to a third party, about a past, current or likely danger, risk, malpractice or wrongdoing which may affect others.

2.2This Policy and Procedure applies to all Workers, Volunteers and Students.

2.3Workers (subject as mentioned in Clause 4), Volunteers and Students are requestedto follow the procedure set out belowif they want to disclose information which they reasonably believe is in the public interest to discloseand which tends to show:-

  • a criminal offence has been, is being or is likely to be committed;
  • someone has failed, is failing or is likely to fail to comply with a legal obligation;
  • a miscarriage of justice has occurred, is occurring or is likely to occur;
  • the health and safety of any individual has been, is being or is likely to be endangered;
  • the environment has been, is being or is likely to be damaged
  • information on the any of the above has been, is being or is likely to be deliberately concealed.
  1. Whistleblowing compared to individual complaints or grievances

3.1Whistleblowing is not the same as someone raising a complaint or grievance relating to them as an individual. Any such complaint or grievance should be raised under the complaints or grievance procedure or provisions applicable to them.

3.2Disclosures should not be made under this Policy and Procedure with a view to personal gain. A whistleblower will not generally have any direct personal interest in the outcome of any investigation into their concern.

3.3If someone raises a concern with a view to personal gain, or maliciously or vexatiously, this may result in disciplinary action against them under the disciplinary procedure or provisions applicable to them.

  1. Qualifying disclosures made by workers

4.1Public interest disclosure legislation gives protection to workers, as defined in the ERA, against unfair dismissal and against being subjected to any other detriment by an employer (as defined) in respect of “qualifying disclosures”. An employer can also be held ‘vicariously’ liable for a co-worker subjecting a worker to a detriment unless the employer takes reasonable steps to prevent it.

4.2Any Worker raising a concern may wish to take independent advice on the extent of legal protection available to them -see further at Clause 10 below.

4.3If anyWorkerbelieves they are suffering a detriment for having raised a concern, they should report this to the relevant Designated Person, as defined in Clause 7.1. Co-workers should be aware that subjecting a Worker to a detriment because the Worker has raised a concern may result in disciplinary action against them as a co-worker.

  1. Relationship with QMUL in the context of whistleblowing

The Union and QMSU Services are separate legal entities from QMUL and each has its own responsibilities in relation to whistleblowing. Those Workers who work for the Union and/or QMSU Services under contacts of employment with QMUL, and Students, may wish to refer also to QMUL’s Public Interest Disclosure (Whistle-blowing) Procedure. Those Workers and Students may choose to follow that procedure if they consider it more appropriate in the particular circumstances.

  1. Policy commitment

The Union and QMSU Services are both committed to being open, honest and accountable in all theiractivities. To this end, they will ensure that Workers, Volunteers and Students,with a genuine concern, can raise the matter and be confident that it will be dealt with in a proper and appropriate way and that they will not be penalised for raising such a concern.

  1. Procedure

7.1Who to raise a concern with

The Chief Executive of the Unionis the Designated Person with responsibility for dealing with all matters relating to whistleblowing relating to the Union’s activities.

The Managing Director of QMSU Services is the Designated Person with responsibility for dealing with all matters relating to whistleblowing relating to QMSU Services’ activities.

If a Worker, Volunteer or Student has any concern which they wish to raise under this Policy and Procedure, they should raise it with the relevant Designated Person. If, for any reason, they feel unable to raise their concern with such Designated Person, they may raise it instead, in the case of the Union, with the Deputy Chair of Trustees, and, in the case of QMSU Services, with the Chair of the Board of Directors.

7.2How to raise a concern

A concern may be raised in person or by telephone, or in writing clearly marked “confidential”, giving in all cases details of the concern and the reasons for it.Where possible, details of a concern should include the background and history of the concern, and relevant names, dates and places.Relevant contact details are given below.

Anyone raising a concern is encouraged to give their name. If, in raising a concern, they wish their identity to remain confidential,their wish will be taken into account, unless disclosure of their identity is required by law or for internal or court proceedings. If the concern cannot,however, be effectively progressed and properly dealt with on the basis of keeping their identity confidential, whether and how to proceed will be discussed with the individual concerned.

Concerns raised anonymously will be considered at the discretion of the Designated Person (or the Deputy Chair of Trustees or Chair of the Board of Directors, as the case may be) depending on the seriousness of the concern and the available evidence.

Workers, Volunteers and Studentsare requested to raise their concerns with the Union or QMSU Services in the first instance and to allow the Union or QMSU Services to address the concerns internally before the Worker/Volunteer/Student raises the concern externally.

7.3How a concern will be dealt with

The Designated Person (or the Deputy Chair of Trustees or the Chair of the Board of Directors as the case may be) will deal with the concernin a proper and appropriate way,depending on its nature, and within a reasonable timescale in all the circumstances.

In dealing with the concern, it may be necessary for further investigation to be carried out, which may includefurther enquiries, interviews, holding meetings or seeking advice.The person raising the concern may be asked to attend aninterview or meetingto discuss the matter.They may also be asked to give evidence in disciplinary or legal proceedings.

The person raising the concern will be told how the concern will be handled and given an estimate of how long dealing with it will take. Where appropriate, they will be told of the outcome on dealing with their concern. They may also be asked to give feedback on their use of thisPolicy and Procedure.

If the person raising the concern is dissatisfied with the outcome of the matter or if they have genuine concerns that the matter has not been dealt with in a proper way, they may wish to seek independent advice - see further at Clause 10 below.

  1. Record-keeping

8.1A central record will be keptof all concerns raised under this Policy and Procedure, by the Chief Executive, in the case of the Union, and by the Managing Director, in the case of QMSU Services.

8.2All appropriate records will be kept of all relevant actions in dealing with each concern raised under this Policy and Procedure.

8.3A central record will be kept of any complaints relating to the implementation of this Policy and Procedure and of actions taken in relation to any such complaints,by the Chief Executive, in the case of the Union, and by the Managing Director, in the case of QMSU Services.

  1. Communication and awareness training

9.1This Policy and Procedure will be published on the Union website.

9.2Awareness training in whistleblowing will be made available to relevant Workers and Volunteers, appropriate to their level of responsibility, to ensure the effective implementation of this Policy and Procedure.

  1. Independent Advice

For independent advice in relation to whistleblowing, Workers, Volunteers or Students may wish to contact the independent charity, Public Concern at Work (“PCaW”) -see contact details below. PCaW can advise on making an external disclosure to a ‘prescribed person,’ or other appropriate regulator or supervisory body, or to the police.

  1. Overall responsibility, audit and review

11.1Overall responsibility for effective whistleblowing arrangements is:-

  • in the case of the Union, that of the Board of Trustees of the Union; and
  • in the case of QMSU Services, that of the Board of Directors of QMSU Services.

11.2The Designated Person of the Union and QMSU Services will ensure an annual audit is carried out on the effectiveness of whistleblowing arrangements and reported on to the relevant Board.

11.3This Policy and Procedure has been approved by the relevant Board as indicated below and will be reviewed as necessary and in any event at least every 3 years.

Approved by the Board of Trustees/Directors of the Union on 23rd June 2015

Approved by the Board of Directors of QMSU Services Limited on 17th June 2015

[see overleaf for relevant contact details]

Queen Mary, University of London Students’ Union

QMSU Services Limited

Whistleblowing Policy and Procedure

Contact Details

as at June 2015

Designated Person, the Union / name:Mike Wojcik, Chief Executive
tel:020 7882 8033
e-mail:
address:Queen Mary, University of London Students’ Union, Students’ Union Hub,329 Mile End Road, London, E1 4NT
Union, Deputy Chair of Board of Trustees / name:Vernon McClure
e-mail:
Designated Person, QMSU Services Limited / name:Mike Wojcik, Managing Director
tel:020 7882 8033
e-mail:
address:QMSU Services Limited, Students’ Union Hub, 329 Mile End Road, London, E1 4NT
QMSU Services Limited, Chair of Board of Directors / name:Alan Begg
e-mail:
for independent advice / Public Concern at Work, an independent charity

e-mail:
helpline:020 7404 6609
enquiries:020 3117 2520

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Union/QMSU Services Limited Whistleblowing Policy and Procedure June 2015