CRICKET DORSET LTD WHISTLEBLOWING POLICY
1. INTRODUCTION
Cricket Dorset Ltd is committed to the highest standards of openness, probity and accountability.
This procedure will enable all adult members, children, young adults and their families, to voice concerns in a responsible and effective manner. All our contracts of employment for either permanent staff or casual coaches, agree that an employee will faithfully serve his or her employer and not disclose confidential information about the employer’s affairs. Where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this information can be disclosed internally without fear of reprisal.
Employees of the Cricket Dorset Ltd can raise concerns internally and, at a high level, disclose information which the individual believes shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invocation of other procedures.
Concerns include:
• Financial malpractice or impropriety or fraud
• Failure to comply with a legal obligation or Statutes
• Dangers to Health & Safety or the environment
• Criminal activity
• Improper conduct or unethical behaviour
• Attempts to conceal any of these
2. SAFEGUARDS
2.1 Protection
This policy is designed to offer protection to those employees of Cricket Dorset Ltd who disclose such concerns provided the disclosure is made:
a. In good faith
b. In the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety and if they make the disclosure to an appropriate person (see below). No protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case, malicious or wild allegations could give rise to legal action on the part of the persons complained about.
2.2 Confidentiality
Cricket Dorset Ltd will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.
2.3 Anonymous Allegations
This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be reviewed at the discretion of the Cricket Dorset Ltd. In exercising this discretion, the factors to be considered will include:
a. The seriousness of the issues raised
b. The credibility of the concern
c. The likelihood of confirming the allegation from attributable sources
2.4 Untrue Allegations
If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual will exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.
3 Procedures for Making a Disclosure
On receipt of a complaint of malpractice, the member of staff who receives and takes note of the complaint must pass this information, as soon as is reasonably possible, to the Director of Cricket Development.
a. Complaints of malpractice will be investigated by the Director of Cricket Development (person responsible) unless the complaint is against the person responsible or is in any way related to the actions of this person. In such cases, the complaint should be passed to the Dorset County Welfare Officer for investigation.
b. In the case of a complaint, which is any way connected with but not against (person responsible), the Dorset County Welfare Officer will nominate a Senior Manager or external party to act as the alternative investigating officer.
c. Complaints against the County Welfare Officer will be passed to the Chairman of the Board who will nominate an appropriate internal / external investigating officer.
d. The complainant has the right to bypass the line management structure and take their complaint direct to the County Welfare Officer. The County Welfare Officer has the right to refer the complaint back to management if he/she feels that the management without any conflict of interest can more appropriately investigate the complaint.
e. Should none of the above routes be suitable or acceptable to the complainant, then the complainant may approach one of the following individuals who have been designated and trained as independent points of contact under this procedure. They will advise the complainant on the implications of the legislation and the possible internal and external avenues of complaint open to them:
I. Dorset Cricket Board Admin, Finance and Data Protection officer.
f. If there is evidence of criminal activity, then the investigating officer will inform the police. The Company will ensure that any internal investigation does not hinder a formal police investigation.
4. Timescales and Acknowledgement
Due to the varied nature of these sorts of complaints, which may involve internal / external investigators and / or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer will ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.
The investigating officer will, as soon as is practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer will keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.
All responses to the complainant will be in writing and sent to their home address marked “confidential”.
5. Investigating Procedure
The investigating officer will follow these steps:
a. Full details and clarifications of the complaint to be obtained.
b. The investigating officer will inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a work colleague (or any union representative) at any future interview or hearing held under the provision of these procedures. At the discretion of the investigating officer and dependant on the circumstances of the complaint an alternative representative may be allowed e.g. the individual’s legal representative.
c. The investigating officer will consider the involvement of the Company auditors and the Police at this stage and will consult with the Chairman and/or Director of Finance if appropriate.
d. The allegations will be fully investigated by the investigating officer with the assistance where appropriate, of other individuals or bodies.
e. A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to the Chairman or appropriate Director as appropriate.
f. The Chairman and Board will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Company procedures.
g. The complainant will be kept informed of the progress of the investigations and, if appropriate, of the outcome.
h. If appropriate, a copy of the outcomes will be used to enable a review of Company procedures.
If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with the Chairman or a Director as appropriate.
If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, Cricket Dorset Ltd recognises the lawful rights of employees and ex-employees to make disclosures to prescribed persons or body (e.g. the Health and Safety Executive) or to the English and Wales Cricket Board. A full list of prescribed people and bodies can be found on the Government Website (www.gov.uk).
