East Durham College - Public Interest Disclosure Policy (Whistleblowing)

POLICY TITLE: Public Interest Disclosure Policy
DOCUMENT NUMBER: 1.13
GROUPING POLICY: Human Resources
AUTHOR / REVISOR / OWNER: Clerk to the Corporation
DATE OF CURRENT VERSION: December 2025
 

The College is committed to conducting operations with honesty and integrity. This policy covers all employees and workers of the College. This policy does not form part of any employee’s contract of employment, and it may be amended at any time. 

The College encourages employees or workers who suspect any wrongdoing to make a report as soon as possible in accordance with this policy. 

An employee or worker that believes that they have evidence of serious malpractice or impropriety, should be encouraged to bring such evidence to the attention of the Principal or a Vice Principal in the knowledge that the College will not take any action against them, nor seek in any way to penalise them for doing so, provided such a disclosure was in the public interest and made in good faith.

The purpose of this policy is to provide guidance to all those who work with or within the College who may from time to time feel that they need to raise matters of concern (disclosures), that are in the public interest and relate to the College, with someone in confidence.

This policy is designed to:

• Support the College’s values.
• Ensure that staff can raise concerns without fear of suffering any detriment.
• Provide a transparent and confidential process for dealing with disclosures.

The College is committed to the highest standards of openness, probity and accountability and seeks to conduct its affairs at all times in a responsible manner, having regard to the requirements of the appropriate funding bodies.

All concerns raised by an individual will be treated fairly and properly. Workers making a protected disclosure must not suffer any detrimental treatment as a result of raising a genuine concern provided it was not a false allegation made maliciously. If you believe you have suffered such treatment, you should inform your manager immediately. If the matter is not remedied, you should raise it formally using our Grievance Procedure.

1. General Principles
2. The Public Interest Disclosure Act
3. Confidentiality
4. Anonymous Allegations
5. Procedure for Making a Disclosure
6. Investigation

Supporting Documents & Records

• Grievance Procedure
• Disciplinary Procedure

When applying this policy the following principles will be used:

• This policy shall not be used for complaints relating to a member of staff’s own personal circumstances. These should be raised under the Grievance Procedure. 

• All concerns raised will be treated fairly and consistently.

• Any concern raised under this procedure will be investigated thoroughly, promptly and so far as is possible, confidentially. The outcome of the investigation will be reported back to the person who raised the issue as much as is possible and appropriate.

• The College will not tolerate any form of harassment or victimisation of anyone making a disclosure in good faith.

The College will ensure as far as is reasonably possible that no one will suffer detriment as a result of raising a genuine concern, even if they are mistaken. 

The College, however, does not extend this assurance to someone who has made false allegations maliciously or with a view of personal gain. Such conduct will be viewed as a potential disciplinary matter. 

Workers making protected disclosures must not be threatened or face retaliation and anyone involved in such conduct may be subject to disciplinary action.

The Act gives legal protection to employees against being dismissed by their employer if the principal reason is that they have made a protected disclosure and to workers against being subjected to a detriment on grounds that they have made a protected disclosure. 

Whistleblowing is the reporting of suspected wrongdoing or dangers in relation to the activities of the College. 

A qualifying disclosure is one made by an employee or worker who has reasonable belief that one of the following acts is being, has been, or is likely to be committed: 

• A criminal offence, including fraud, bribery and corruption (see the College's Anti Bribery Policy for details);

• The breach of legal obligation;

• A miscarriage of justice;

• A danger to the health and safety of any individual;

• Damage to the environment; or

• A deliberate attempt to conceal any of the above.

It is not necessary for the employee or worker to have proof that such an act is being, has been or is likely to be committed – reasonable belief is sufficient. The employee or worker must also reasonably believe that making the disclosure is in the public interest.

All disclosures under this policy will be dealt with in a confidential and sensitive manner. We will make every effort to keep your identity secret and only reveal it where necessary to those involved in investigating your concern.

However, during the course of the investigation, the employee or worker making the disclosure may be required to provide a statement as part of the necessary evidence, which could lead to the identity of the individual making the disclosure being revealed.

The College encourages individuals to put their names to any disclosure they raise. Allegations or concerns expressed anonymously are much more difficult to investigate, however, the College will address them if they appear to be serious, credible and capable of being confirmed by other credible sources. 

An individual wishing to make a disclosure should do so in writing to their manager. In their absence or where they prefer not to raise it with their manager for any reason, disclosures should be made to the Principal or one of the Vice Principals of the College. 

Although an individual making a disclosure will not be expected to prove the truth of any allegation, sufficient information should be contained in the disclosure to demonstrate that reasonable grounds for the allegation to exist.

It is expected that any employee or worker who is aware of, or suspects, any kind of malpractice will report it. Where an employee or worker fails to report their suspicions, they become implicated in the matter. The College will treat any failure to report such matters very seriously.

An individual wishing to make a disclosure has the right to seek the assistance from their trade union, and has the right to be accompanied by a recognised trade union representative or work colleague of their choice who is not involved in the area of College activity to which the disclosure relates during any subsequent investigation of the disclosure.   

Once the disclosure has been made to the relevant person, that person will acknowledge receipt of the disclosure. 

The Principal or Vice Principal (the Senior Leader) will consider the information contained within the disclosure along with a member of the HR team to determine if there is a prima facie case to answer. It will then be decided whether an investigation should be conducted and what form of investigation is to be undertaken. This will depend on the nature of the matter raised, and may include an internal investigation, an independent enquiry, or a referral to the police. In some cases, a disclosure might be dealt with by agreed action without the need for further investigation.   

 A meeting may be arranged with the individual to discuss the concern. The individual may bring a colleague or union representative to any meetings under this policy. The companion must respect the confidentiality of the disclosure and any subsequent investigation.

If a disclosure is to be referred to the police, the College will fully co-operate with the police and will take no action unless the police have confirmed it is appropriate to do so or police investigations cease. 

If a disclosure is to be referred for independent enquiry, the College will take no further action unless it is confirmed by the independent enquiry that it is appropriate to do so. 

If the disclosure is to be the subject of internal investigation, the Senior Leader will determine who should undertake the investigation. The investigations will usually be carried out by a member of Senior Management independent of the area in which malpractice or wrongdoing is alleged to have occurred.  If the disclosure alleges malpractice or wrongdoing by a Vice Principal, the Principal will be the Senior Leader, and if the disclosure alleges malpractice or wrongdoing by the Principal, the Chair or Vice Chair shall be deemed the Senior Leader.

The assigned Investigating Officer will establish all the relevant facts and information from all parties involved in the alleged allegation, taking into account statements from witnesses as appropriate. 

Upon completion of the investigation, the Investigating Officer will compile a report summarising their findings for the Senior Leader , who will then determine what action, if any, should be taken. This might include the invoking of the College’s internal procedures, or referring the matter to an external authority for further investigation.   

Once the outcome of the investigation has been determined, the Senior Leader will inform the person making the disclosure of the reason in writing of the outcome as much as possible or appropriate, but the investigation report may not be shared with them.

 If the person raising the disclosure remains dissatisfied with the outcome, they can raise the matter in writing to the Chair of the Audit Committee. The Chair of the Audit Committee will review the investigation and the reason for the original decision and advise the person in writing whether no further action is required or that a further investigation is needed.

All disclosures under this policy will be disclosed in summarised form annually to the board of governors.

A person considering making a disclosure may contact Protect, the UK’s leading whistleblowing charity, on their free advice line 020 3117 2520.

This document is issued and controlled by Quality & Standards and may only be modified by the designated group after proposed modifications have been accepted by the College Management Group. The latest version of the policy will be maintained on the College Extranet.

Please feedback to Quality & Standards any constructive suggestions on how any aspect of the policy may be clarified or improved.