Whistleblowing policy

The university is committed to the highest standards of ethics, openness, probity and accountability. It seeks to conduct its affairs in a responsible manner, taking into account the requirements of the funding bodies and the standards in public life set out in the reports of the Nolan Committee and the associated legislation (see Purpose).

It requires all employees and other Members of the University Community to conduct themselves in a manner consistent with these values. 

Within the UK, there is legal protection to employees against being unfairly dismissed; penalised by their employer; or harassed by their colleagues if they make a disclosure (that is in the public interest) about wrongdoing / malpractice in their organisation. 

All Members of the University Community are protected from unfair dismissal or being penalised or harassed as a Whistleblower if they: 

• Reasonably believe that malpractice (Section 3.2) in the workplace is happening, has happened in the past or is likely to happen in the future;
• Are making the disclosure in the public interest; and
• Follow the whistleblowing procedure (Section 3.3) 

A 'qualifying disclosure' means any disclosure of information where the Member of the University Community reasonably believes (and it is in the public interest to report it) that one or more of the following matters is either happening, has taken place or is likely to happen in the future 

• A criminal offence;
• The breach of a legal obligation;
• A miscarriage of justice;
• A danger to the health and safety of any individual(includes risks to the general public as well as other employees or students of the University);
• Damage to the environment;
• Deliberate attempt to conceal any of the above. 

Action points summary and a flowchart outlining the whistleblowing procedure can be found in Appendix 1 and Appendix 2 of the PDF version of this policy (see "Download PDF versions" below). Disclosures or ‘blowing the whistle’ on malpractice should be made as specified below.

• Where Members of the University Community are able, they should make the disclosure in writing to the Director of Legal Services (as the designated officer) via whistleblowingreports@salford.ac.uk. Where the Director of Legal Services is the subject of the disclosure it should be made to the Chair of the University Council’s Audit and Risk Committee (ARC) via ChairofARC@salford.ac.uk.
• Where Members of the University Community feel the University:
  • Would cover up the alleged malpractice;
  • Would treat them unfairly if they complained; or
  • If they have previously made the disclosure to their employer (including a disclosure to the designated officer, or as appropriate to the Chair of ARC) and they have not acted upon it. 

They should tell an independent prescribed person or body about the malpractice. It must be the correct prescribed person or body for the issue.

The Government provides a list of prescribed people and bodies to whom a disclosure can be made: Gov.uk: Whistleblowing for employees

All concerns raised by an individual will be treated fairly and properly.

Disclosures will be treated in a confidential and sensitive manner and all related material will be stored securely.

The information produced when handling a disclosure will be kept confidential, limiting access to those people relevant to the investigation. This includes the identity of the individual making a disclosure (where the identity is known).

Requests and investigation of ICT activity logs are handled by the Information Security team. To start an investigation, the requestor must submit an Investigation Request Form (see Related Documentation section for further information).

Official written records will be kept at each stage of the whistle-blowing investigation process.

Any individual making a disclosure can retain their anonymity unless they agree otherwise. It must be noted that anonymous concerns carry less credibility and the University will have discretion whether to continue with an anonymous disclosure. In exercising discretion, consideration will be given to:

• The seriousness of the issues raised
• The degree of credibility of the concern
• The likelihood of confirming the allegation from alternative credible sources

Disclosures will be investigated as sensitively and quickly as possible.

The University will not tolerate reprisals against, or harassment or victimisation of any individual raising a genuine concern that is in the public interest.

On receipt of the disclosure, the designated officer will consider the disclosure and the information made available to him/her and decide whether prima facie (on the face of it) the disclosure falls within the scope of this policy or whether it would be more appropriately considered through another policy.

The designated officer will issue an acknowledgement of receipt of the disclosure to the individual making the disclosure (where their identity is known).

Where the disclosure falls within the scope of the Whistleblowing Policy, the designated officer will decide whether to:

• Appoint someone internal to the University to lead an investigation
• Appoint someone external to the University to lead an independent inquiry, or
• Refer the matter to the police for investigation.

Where the matter is to be investigated internally within the University, the investigator will normally be a member of the University Management Team independent of the area in which the malpractice or impropriety is alleged to have occurred.

Where reasonably practicable the investigation should be completed within 20 working days.

If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against the individual.

If an individual makes malicious or vexatious allegations, and particularly if that individual persists in making malicious or vexatious allegations, internal disciplinary action may be taken against the individual concerned.

Once an investigation (whether internal or independent inquiry) has been completed, a written report will be submitted to the designated officer who will determine what action, if any, should be taken in the circumstances. This might include invoking other University Policies (e.g., Disciplinary Policy) or reference to an external agency as appropriate. These may include

• Police
• Office for Students
• HM Revenue and Customs;
• Health and Safety Executive;
• Office of Fair Trading;
• Environment Agency;
• Serious Fraud Office;
• Director of Public Prosecutions.

The individual who made the disclosure will, where their identity is known, be informed of the outcome of the investigation. If no action is to be taken, the individual will be advised of the reasons for this and informed that, should they be dissatisfied, they may escalate the disclosure to the Chair of the Audit and Risk Committee (ARC). If the original disclosure was made to the ARC Chair, the escalation may instead be made to the Chair of the University Council.

The Chair of the Audit and Risk Committee or the Chair of Council will either confirm the decision that no further action is required or determine what further action should be taken and the process to be followed. In doing so, they may call upon other independent members of Council to assist in considering the disclosure.

The designated officer will produce an annual summary of all disclosures and their subsequent investigation, determination and resolution for ARC (which will in turn report to the University Council). Summary reports will not identify the individuals who made the disclosures or the subject of the disclosures. Information relating to whistleblowing disclosures will be retained for a minimum period of six years.