Last reviewed: November 2022
For review: November 2023
- Protected disclosures
- Disclosure procedure
- What further action may be necessary?
1.1 It is the policy of the British Wheel of Yoga (BWY) to maintain the highest ethical standards in all areas of BWY activities and to encourage an open and transparent culture in dealings between its officers, employees, volunteers and members. In particular, the BWY recognises that effective and honest communication is essential to its success.
1.2 Employees may, in properly carrying out their duties, have access to, or come into contact with, information of a confidential nature. Their terms and conditions provide that except in the proper performance of their duties, employees are forbidden from disclosing, or making use of in any form whatsoever, such confidential information.
1.3 However, the law allows employees to make a ‘protected disclosure’ of certain information. To be ‘protected’, a disclosure must relate to a specific subject matter (clause 2) and the disclosure must also be made in an appropriate way (clause 5).
Whistleblowing protection is confined to a disclosure which, in the reasonable belief of the employee making the disclosure, is made in the public interest.
1.4 BWY is committed to compliance with the Bribery Act 2010. All employees are required to report to the designated manager any issue that, in the employee’s opinion, might constitute bribery or corruption.
2 Protected disclosures
2.1 Nothing contained in this Policy will have any effect on an employee’s statutory rights for protection in connection with ‘protected disclosures’, in accordance with the definition of ‘protected disclosures’ given in The Public Interest Disclosure Act 1998.
2.2 The following circumstances constitute a ‘qualifying disclosure’ whereby The Public Interest Disclosure Act 1998 provides protection for the person reporting such a circumstance. A criminal offence has been committed, is being committed or is likely to be committed when:
2.3 A person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject
2.4 A miscarriage of justice has occurred, is occurring or is likely to occur
2.5 The health and safety of any individual has been, is being or is likely to be endangered
2.6 The environment has been, is being or is likely to be damaged
2.7 Information tending to show any matter failing within any one of the preceding points has been, is being or is likely to be concealed.
What should you do if you do if you have suspicions you wish to raise?
3 Disclosure Procedure
3.1 Information which an employee reasonably believes tends to show one or more of the above should promptly be disclosed to the Head of Governance so that any appropriate action can be taken.
3.2 If it is inappropriate to make such a disclosure to the Head of Governance, the employee should speak to the CEO, however if this in turn is not felt appropriate then the matter should be raised with the Chair of BWY.
3.3 Employees will suffer no detriment of any sort for making such a disclosure in accordance with this procedure. However, failure to follow this procedure may result in the disclosure of information losing its ‘protected status.’
3.4 False or malicious allegations concerning another employee, volunteer, member or trustee is a serious disciplinary offence and may give rise to disciplinary proceedings or other disciplinary action.
3.5 For further guidance in relation to this matter or concerning the use of the disclosure procedure generally, employees should speak in confidence to the Head of Governance, or if this is not appropriate to the CEO. If it not appropriate to speak to the CEO then an employee should speak to the Chair.
4 What further action may be necessary?
4.1 In addition to your written concerns, you may be asked to provide details of any evidence in your possession to support your concerns. You may be asked to attend a meeting with managing officers to address and to be questioned in relation to your concerns.
4.2 For these meetings with managing officers, you will be entitled to bring someone with you, as support however the role of this person will be limited to support, and they will not be entitled to speak unless invited to do so by the Chair of the meeting. You will be advised of any action that is proposed to be taken.
4.3 Appropriate steps will be taken to ensure that your working environment and/or working relationships are not prejudiced in any way by your disclosure.
4.4 To contact the appropriate officers by email or telephone:
CEO & Head of Governance
To contact the appropriate officers by post please address your envelope to the named person, marking the envelope ‘Private and Confidential, for the personal attention of the named addressee only’ and send it to:
BWY Central Office, 25 Jermyn Street, Sleaford, Lincs, NG34 7RU.