Reproduced with the kind permission of Freedom
to Care, a UK whistleblowing charity
A
Survival Checklist for Raising Concerns
IF YOU ARE RUNNING INTO DIFFICULTIES, or envisage difficulties,
as a result of raising concerns about ethically unacceptable
incidents, standards, practices or policies in your workplace
it might be helpful to run through the questions in this
leaflet. If you feel overwhelmed, you may wish to contact
us immediately. Freedom to Care may be able to offer you
some assistance or point you in the right direction. Moral
support may also be available through a support group. Our
address is: Freedom to Care, PO Box 125, West Molesey, Surrey
KT8 1YE, United Kingdom.
STEP ONE: EVIDENCE
Do you have evidence? How far is the evidence contestable?
Is there an audit/quality assurance document to which you
can refer?
Are there others who have evidence or are witnesses?
Do you have the evidence (letters, memos, records, etc.)
in your possession? Are you supposed to have it In your possession?
How far will claims about its confidentiality carry weight?
Are you keeping a diary of events?
Are you keeping copies of all relevant documents in a safe
and accessible place?
Is there material in which the police or similar agencies
would be interested?
Is there material covered by the Official Secrets Act or
similar legislation?
STEP TWO: LOCAL SUPPORT
Are there witnesses?
Do you have the support of colleagues or can you get it?
Have colleagues expressed similar concerns in the past?
Will colleagues help you to put the concern in writing?
Has the concern been raised informally with colleagues and/or
management?
Could you arrange an informal workplace meeting to discuss
the matter?
Could you raise it at a grass roots meeting (e.g. shop floor,
departmental)
Do you have an idea of which colleagues will oppose you,
and which will sit on the fence?
Do any colleagues have informal influence they could exert?
Have you discussed the issue with family / friends and do
they support you?
Are you ready for backlash from employers / colleagues?
STEP THREE: INTERNAL CHANNELS
Have you identified each step in line management?
Is it feasible to climb through each step with your concern?
Have you identified all the persons / bodies to which you
are accountable, and can any help?
Can you, and if so and have you, made a clear, well-informed,
balanced and non-emotive presentation of your concern to
management in a cooperative spirit, and have you done so
in writing?
Have you indicated to management how their own interests
and that of the institution may be adversely affected if
the concern is ignored?
Have you made the management aware of official guidelines
which require them to address your concern?
Is there an Inspectorate to whom your concern could be addressed?
Are there any internal bodies to which your management is
accountable?
Would the internal or external auditors be interested? Would
the police be interested?
STEP FOUR: DISCIPLINARY PROCEDURES
If you have a contract of employment have you read it carefully
and, if so, are you or your employers in breach of its terms?
Have you got a copy of the disciplinary procedure and have
you studied it?
Is your manager susceptible to discipline under a code of
conduct / practice?
Might there be grounds, genuine or spurious, for disciplinary
action against you and have you taken any preemptive action?
If disciplinary action is pending have you asked management
to set out dates and charges?
Is there an appeal procedure and are you familiar with it?
Have you got a copy of the grievance procedure (from personnel
office) and can you use it to further your concerns?
If you are being victimized and counter-allegations are being
made against you, are you keeping cool, maintaining priorities
and keeping your eye on the real issue at stake?
Have you consulted the ACAS advisory handbook 'Discipline
at Work' and is your employer aware of it? (ACAS: 020 7210
3000)
STEP FIVE: UNION
Do you belong to a union?
Would it be worthwhile joining one?
Is there a local agreement with a union and if so what are
its terms?
Have you consulted the union?
Could the concern be raised collectively at a union meeting?
If your branch is unhelpful have you considered taking the
matter to the union's headquarters (e.g. national professional
officer)?
Would it be worthwhile changing your union or joining a second
one? (Check with new union before trying to change.)
STEP SIX: PROFESSIONAL BODIES
Do you belong to a professional association?
Would it be worthwhile joining one?
Have you consulted a professional association?
If your profession is regulated by a statutory body (e.g.
GMC, UKCC, CPSM, PIA) have you consulted that body?
Have you considered reporting an offending colleague to his
or her statutory body? (not necessarily the same body that
regulates your profession)
Have you studied the relevant Codes of Conduct?
Has your professional body published guidelines setting out
relevant standards and policies?
STEP SEVEN: LEGAL ACTION
Have you sought legal advice from a lawyer?
Do you have a solicitor?
Have you sought legal aid?
Have you been to a Citizens' Advice Bureau?
What does your contract of employment say? Is there a gagging
clause in it?
Could you embark on civil action?
Have you consulted the Commission for Racial Equality or
the local Equal Opportunities office?
Would an Injunction be relevant? Could your case be taken
to a European court?
If you are the victim of a bad decision by a public body
have you considered applying for judicial review?
Have you sought advice and support from civil rights organisations
such as Liberty and Freedom to Care?
Have you obtained relevant information from regulatory bodies
e.g. Financial Services Authority, General medical Council,
Charities Commission, Companies House (for Directors' legal
responsibilities)?
STEP EIGHT: PARLIAMENT
Have you spoken to your Member of Parliament?
Have you spoken to local government councillors / officials?
Have you spoken to your Member of European Parliament?
Have you considered petitioning Parliament under the Law
of Parliament? (consult your MP)
Would a Parliamentary Question be helpful?
Have you consulted the relevant Ombudsman?
Have you written to the relevant Ministers?
Have you written to the relevant Secretary of State?
Have you considered taking the matter to the spokespersons
of the opposition parties?
STEP NINE: INDEPENDENT INQUIRY
Have you sought an Inquiry?
How independent an inquiry could you get?
Where does responsibility ultimately reside and/or to whom
would an appeal ultimately be made?
Has an independent inquiry been demanded from that body?
(Consider the Chief Executive, Board of Governors, Chairperson,
Inspectorate, Privy Council, Secretary of State etc.)
Could pressure be built up for such an inquiry and how?
Could a petition be organised?
STEP TEN: PRESS & COMMUNITY
Is 'going public' justified by the public interest?
Have you taken your concern to the community or its representatives
(e.g. Community Health Council or some consumer watchdog)?
Have you considered the possibility of a local community
campaign?
Have you been to the local or national press, local or national
radio, local or national TV?
Have you considered writing and distributing a pamphlet about
your concern and any victimization you have suffered?
NOTE: The advice which FREEDOM TO CARE offers is practical
in nature and is based on the cumulative experience of
its members and supporters. It does not take fees
for its services
and cannot accept legal liability for the advice it gives.
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