Whistleblowing Policy

Introduction

Anthony Nolan takes the conduct of its people seriously and puts in place policies to enable concerns to be treated fairly and addressed to ensure the proper operation of the Charity in the public interest.  Our Whistleblowing Policy exists to ensure that people can safely raise concerns and feel confident they will be listened to, their concerns will be properly investigated and acted upon appropriately.

It is important that any fraud, misconduct or wrongdoing by employees, permanent or temporary, or volunteers, including Trustees, acting on behalf of Anthony Nolan is reported and properly dealt with.  All those who believe there to be a valid concern to be raised are encouraged to report their allegations without fear or favour. 

Whistleblowing is about raising concerns relating to wrongdoing, risk, or malpractice that you are concerned about in the workplace. These concerns should be in the public interest, meaning that others must be affected (for example the general public or patients).

Our Whistleblowing Policy sets out the way in which individuals may raise concerns and how those concerns will be dealt with.

Background – Public Interest Disclosure Act 1998

The Public Interest Disclosure Act 1998 provides protection for those who raise legitimate concerns about specified matters.  These are called "qualifying disclosures". A qualifying disclosure is one made in the public interest by someone who has a reasonable belief that one of the following is being, has been, or is likely to be, committed:

• a criminal offence (including fraudulent and corrupt behaviour, e.g. theft, fraud or malpractice);
• a miscarriage of justice;
• an act causing risk to health and safety;
• an act causing damage to the environment;
• a breach of any other legal obligation; or
• concealment of any of the above.

It is not necessary for the reporting person to have proof of such an act – a reasonable belief is sufficient.  The person raising the concern is not expected to investigate the matter themselves – it is the Charity’s responsibility to ensure that an investigation takes place.

Anyone who makes such a “protected disclosure” has the right not to be dismissed, or subjected to any other detriment, or victimised in any way for making a disclosure.  Any employee who, in good faith, makes allegations that turn out to be unfounded will not be penalised for being genuinely mistaken.

Definitions

For the purposes of this policy, employeemeans individuals who have a contract of employment with, Anthony Nolan including those on fixed term contracts, such as students and paid interns, or temporary or honorary contract employee, while conducting authorised business on behalf of Anthony Nolan.

Volunteers includes all individuals who undertake work for or on behalf of the Charity in an unpaid capacity.  This includes Trustees.

Procedures for disclosures of concern:

Employees

Employees are encouraged first, both by Anthony Nolan and by the Charity Commission, to consider raising any concerns they may have internally within the Charity.  The following process outlines the internal reporting procedure:

If appropriate, an employee should discuss his/her concerns first with his/her line manager;

If this is not thought appropriate by the employee, they should next consider raising an approach directly with their Chief (member of Strategic Leadership Team), Director of People or the Chief Executive;

If this also is not thought appropriate by the employee they should next consider an approach to the Chair of the Governance and Risk Committee (GRC); or then to the Chair of the Board of Trustees.  Contact details for Trustees should be requested from the Governance Officer or the Director of Legal & Governance.

If all these internal approaches are not thought appropriate, or if the employee believes their concern would not be taken seriously, or they remain unhappy with the speed or conduct of any action taken, the employee has the option of reporting their concerns to the Charity’s independent external auditor, Fiona Condron at BDO LLP - https://www.bdo.co.uk/en-gb/our-people/fiona-condron .

Volunteers

Volunteers are asked in the first instance to contact their Volunteer Manager.  However, if the Volunteer Manager is the subject of the concern, the volunteer should contact volunteering@anthonynolan.org in line with the Volunteer Concerns Resolution Policy. If this also is not thought to be appropriate, the volunteer should consider contacting either the Director of People, the Chair of the GRC, or the Chair of the Board, depending on the subject who is the focus of their concern.  Details of how to contact these people are on the Volunteers hub.

Disclosures of concerns by Trustees should be made in the first instance to the Chair of the GRC, or the Chair of the Board depending on the subject who is the focus of their concern.  If this is not thought appropriate, a concern can be raised with the CEO or the external independent auditor, Fiona Condron at BDO LLP - https://www.bdo.co.uk/en-gb/our-people/fiona-condron .

Dealing with disclosures of concerns

Anthony Nolan urges employees and volunteers to exhaust the internal processes set out above but, in exceptional or urgent circumstances, it might be appropriate for them to contact an external regulatory body. 

As Anthony Nolan is a charity registered and regulated under charities legislation. The person raising a concern may find that the Charity Commission is the most appropriate external organisation to contact - see https://www.gov.uk/guidance/report-serious-wrongdoing-at-a-charity-as-a-worker-or-volunteer.  Alternatively, the Commission may recommend the most appropriate organisation to whom qualifying disclosures may be made.

The Charity is separately registered under Scottish charity law and is therefore also subject to the requirements of the Office of the Scottish Charity Regulator (OSCR).  Complaints from employees, volunteers or Trustees based in Scotland and relating to fraud or misconduct in Scotland may need to contact OSCR after considering the use of internal processes provided at Anthony Nolan – see https://www.oscr.org.uk/about-charities/raise-a-concern/whistleblowing/.