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Taking the concerns externally

This Procedure is intended to provide employees with an avenue to raise concerns within the Council. The Council hopes that employees will be satisfied with any action taken.

There may be circumstances where an employee considers that he/she needs to raise the matter externally. This may be because, for example, there is a need to involve the appropriate external regulatory body, or the employee considers that the matter has not been properly addressed, or that an employee reasonably believes that the matter will be covered up.

If employees feel it is right to take the matter outside the Council, the following are possible contact points:

  • local council member (if the employee lives in the London Borough of Bexley)
  • the external auditor (see below)
  • employee’s relevant professional bodies or regulatory organisation
  • employee’s trade union
  • employee’s solicitor
  • the Police
  • a relevant voluntary organisation
  • office for Environmental Protection
  • public Concern at Work (see below)

The external auditor contact details are as follows:
Elizabeth Jackson, Partner Ernst and Young LLP 
ejackson@uk.ey.com

If an employee is unsure whether or how to raise a concern or wants confidential advice, contact can be made with the independent charity Public Concern at Work on 020 3117 2520. Their lawyers can provide free confidential advice on how to raise a concern about serious malpractice at work.

In circumstances where an employee decides to raise the matter externally, he/she will only be protected under this Policy, and under employment law, where the disclosure is made in accordance with Section 43 of the Employment Rights Act as amended by the Enterprise and Regulatory Reform Act 2013. This means that the disclosure must fall under one of the categories listed in Section 3 (above) and must be made in one of the following ways:

  1. in the course of obtaining legal advice:
  1. to a prescribed regulatory body - provided the disclosure is made in the reasonable belief that it is in the public interest and the employee reasonably believes the prescribed body is responsible for the matter of concern and that the information and allegation/s are substantially true
  1. to other third parties (including the media) where the employee makes the disclosure:
    1. in the reasonable belief that it is in the public interest and that the information and allegations are substantially true
    2. does not make the disclosure for personal gain
    3. has already raised the matter with the Council or prescribed regulator, unless the employee reasonably believes that he/she will suffer a detriment, or there is no prescribed regulator and he/she reasonably believes that evidence will be concealed or destroyed if he/she makes the initial disclosure to the Council
    4. in all of the circumstances it is reasonable to make the disclosure
       
  1. the disclosure is of an exceptionally serious nature and the Whistleblower makes the disclosure:
    1. in the reasonable belief that it is in the public interest and, that the information and allegations are substantially true
    2. does not make the disclosure for personal gain
    3. in all of the circumstances it is reasonable to make the disclosure
       

When considering whether it is reasonable for the worker to make the disclosure, regard will be had particularly to the identity of the person to whom the disclosure is made.