Whistleblowing Policy

Whistleblowing Policy and Procedure

1. Purpose
Dynamic Training UK Ltd is committed to upholding the highest standards of integrity, transparency, and accountability. This policy provides a clear framework for staff, learners, contractors, and other stakeholders to raise genuine concerns about wrongdoing or risks that could impact individuals, the organisation, or the wider public interest.
The Board of Governors promotes a culture of openness and ensures that all whistleblowing concerns are taken seriously and managed fairly, independently, and in line with relevant legal and regulatory requirements.
The purpose of this policy is to:
•    Encourage individuals to raise concerns without fear of reprisal
•    Ensure all disclosures are managed appropriately, consistently, and in accordance with the law
•    Protect individuals who raise concerns from victimisation or disadvantage
•    Ensure the organisation meets its safeguarding, regulatory, and ethical responsibilities as an education and training provider

2. Scope
This policy applies to: All Dynamic Training UK Ltd employees (full-time, part-time, or temporary) Apprentices, learners, volunteers, contractors, consultants, and associates. Members of the governing body or trustees
It covers concerns relating to wrongdoing, misconduct, safeguarding failures, unethical behaviour, or risks to individuals or the organisation within Dynamic Training UK Ltd or by those acting on its behalf.

3. Definition of Whistleblowing
Under the Public Interest Disclosure Act 1998 (PIDA), a protected disclosure is a disclosure of information that the whistleblower reasonably believes shows that one or more of the following has occurred, is occurring, or is likely to occur:

• A criminal offence
• A failure to comply with a legal obligation
• A miscarriage of justice
• A danger to the health or safety of any individual
• Damage to the environment
• Deliberate concealment of information relating to any of the above
• The disclosure must be made in the public interest.
• Whistleblowing should not be confused with personal employment grievances, which are handled through the
• Grievance Procedure.

4. Legal and Regulatory Context
This policy aligns with:

• Public Interest Disclosure Act 1998
• Employment Rights Act 1996
• Worker Protection (Amendment of Equality Act 2010) Act 2023
• Education and Skills Funding Agency (ESFA) and Department for Education (DfE) whistleblowing guidance
• Safeguarding and Prevent duties for education and training providers
• Health and Safety at Work Act 1974
• Equality Act 2010
• Bribery Act 2010

5. Relationship to Other Policies
This policy should be read alongside:

• Safeguarding and Prevent Policy
• Staff Wellbeing and Safeguarding Policy and Procedures
• Health and Safety Policy
• Equality, Diversity and Inclusion Policy
• Complaints Policy
• Grievance and Disciplinary Procedures
• Finance and Fraud Policy
• Data Protection and Confidentiality Policy

Where concerns overlap (for example a safeguarding issue that also involves misconduct), both procedures may apply. The Managing Director (as both DSL and Whistleblowing Lead) will determine the most appropriate response pathway.

6. Policy Statement
Dynamic Training UK Ltd promotes a culture of openness, accountability, and fairness.
Anyone raising a concern in good faith under this policy will be supported and protected. The organisation will not tolerate victimisation, dismissal, or any form of reprisal against individuals who make a protected disclosure, even if their concern is not upheld.
All disclosures will be treated seriously, investigated promptly, and handled with sensitivity and confidentiality.

7. Preventing Sexual Harassment
Dynamic Training UK Ltd is committed to providing a safe, respectful, and inclusive working environment free from sexual harassment.
In accordance with the Worker Protection (Amendment of Equality Act 2010) Act 2023, the organisation takes proactive steps to prevent sexual harassment and encourages anyone who experiences or witnesses inappropriate behaviour to report it.
Concerns relating to sexual harassment will be taken seriously, investigated promptly, and handled with sensitivity and confidentiality.
Individuals raising concerns in good faith will be protected from victimisation or retaliation.

8. Non-Retaliation
Dynamic Training UK Ltd strictly prohibits retaliation against any individual who raises a concern in good faith under this policy.
Any form of victimisation, dismissal, disciplinary action, or disadvantage linked to a protected disclosure may constitute a breach of employment law and will be treated as a serious disciplinary matter.

9. Principles
Concerns should be raised at the earliest opportunity.
Individuals will not be disadvantaged for raising genuine concerns.
Malicious or knowingly false allegations may be treated as a disciplinary matter.

Confidentiality will be maintained wherever possible.
Investigations will be fair, objective, and timely.
Safeguarding and wellbeing concerns will be managed alongside relevant safeguarding procedures.

10. Examples of Concerns That Should Be Reported
Examples include, but are not limited to:
Safeguarding failures or abuse of learners or staff
Health and safety risks or unsafe practices
Financial malpractice, fraud, or corruption
Breach of legal, regulatory, or awarding body obligations

Misuse of organisational funds or resources
Sexual harassment, including unwanted sexual behaviour, comments, messages, physical contact, or conduct that creates an intimidating, hostile, degrading, humiliating, or offensive working environment
Discrimination, harassment, or bullying
Serious mismanagement or unethical behaviour
Attempts to conceal wrongdoing

Concerns relating to sexual harassment may also be raised through the Grievance Procedure or the Staff Wellbeing and Safeguarding Policy and Procedures.

11. How to Raise a Concern
Step 1 – Internal Reporting
Concerns should normally be raised in writing with:
Managing Director (Whistleblowing Lead and Designated Safeguarding Lead)
or
HR Director (for employment, wellbeing, or conflict-of-interest concerns)
If the concern involves senior management or cannot reasonably be raised internally, it may be escalated to the Chair of Governors via: DynamicHR@dynamictraining.org.uk
Anonymous disclosures will be considered; however individuals are encouraged to provide contact details where possible, as this may assist with investigation.

Step 2 – Information to Provide
When raising a concern include:
Nature of the concern
Relevant dates, times, and individuals involved
Why the concern is believed to be valid
Any supporting evidence
Whether the concern has been raised elsewhere

Step 3 – Initial Response
Acknowledgement of the concern will normally be provided within five working days.
An initial assessment will determine whether the matter falls under:whistleblowing
safeguarding
grievance
another organisational procedure
Urgent safety concerns will be addressed immediately.

Step 4 – Investigation
Where appropriate:
An independent Investigating Officer will be appointed.
Evidence and documentation will be reviewed.
Interviews may be conducted.
Interim measures may be implemented to manage risk.

Step 5 – Outcome
Where possible the whistleblower will be informed of the outcome, subject to confidentiality constraints.
Where wrongdoing is confirmed, corrective or disciplinary action will be taken.
Matters may be referred to external bodies such as:
Police
Department for Education (DfE)

12. Confidentiality and Protection
Dynamic Training UK Ltd will make every reasonable effort to protect the identity of the whistleblower. Retaliation against individuals raising genuine concerns will be treated as a disciplinary offence.

13. External Disclosures (Prescribed Persons)
Where internal reporting is not possible, concerns may be raised with external bodies including:
Department for Education (DfE)
Education and Skills Funding Agency (ESFA)
Ofsted
Health and Safety Executive (HSE)
Independent confidential advice can be obtained from:
Protect (formerly Public Concern at Work)
www.protect-advice.org.uk
External disclosures must be made in good faith and in the public interest to remain legally protected.

14. Support and Wellbeing
Raising concerns can be stressful.
Dynamic Training UK Ltd will offer support through:
HR wellbeing check-ins
Access to confidential advice services via Simplyhealth
Access to the Staff Wellbeing and Safeguarding Policy and Procedures

15. Monitoring and Review
The Managing Director will maintain a confidential record of all whistleblowing concerns, actions, and outcomes.
An anonymised summary will be reported annually to the Senior Leadership Team and the Board of Governors to ensure oversight and organisational learning.

Record Retention
Whistleblowing records will be stored securely and separately from personnel files.
Records will normally be retained for six years after the investigation has concluded, in line with legal limitation periods and HR record retention guidance.
Where concerns involve serious safeguarding matters, fraud, or regulatory investigations, records may be retained for a longer period where necessary.

16. Contact Details
Whistleblowing Lead & DSL
Managing Director – claire.gardner@dynamictraining.org.uk
HR Director
Dynamichr@dynamictraining.org.uk
External Advice
Protect (Independent Charity)
020 3117 2520
www.protect-advice.org.uk

17. Quick Reference Flow
Concern identified → Report to Managing Director or HR Director → Initial assessment → Investigation → Outcome → Feedback → Monitoring and review