Whistleblowing Policy

Version: 2.0 | Status: Active | Last Updated: March 2, 2026 | Next Review: March 2027
Responsible Officer: Board of Trustees
Applies to: All NSEMM staff, volunteers, trustees, contractors, and agency workers

1. Introduction

The National Society for Education, Mentoring and Media (NSEMM), a Charitable Incorporated Organisation (CIO), is committed to the highest standards of openness, accountability, and integrity. This policy encourages and enables all workers to raise serious concerns about wrongdoing within the organisation without fear of reprisal.

NSEMM recognises that whistleblowing is distinct from a grievance or complaint. Whistleblowing is when a worker reports a concern about wrongdoing that is in the public interest. Grievances relate to personal employment matters and are handled under the Complaints Policy.

2. Legal Protection

Whistleblowers are protected by law under the following legislation:

• Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998) – protects workers who make qualifying disclosures from detrimental treatment or unfair dismissal
• Enterprise and Regulatory Reform Act 2013 – requires disclosures to be made in the public interest

To qualify for legal protection, a disclosure must meet the following conditions:

1. Reasonable belief: You must reasonably believe the information disclosed is substantially true
2. Public interest: The disclosure must be made in the public interest (not solely for personal gain)
3. Qualifying disclosure: The concern must fall within one of the categories listed in section 3 below
4. Appropriate recipient: The disclosure must be made to an appropriate person or body

Important: You do not need to prove that wrongdoing has occurred. A reasonable belief is sufficient. You will not face any penalty for raising a genuine concern, even if the investigation finds no wrongdoing.

2a. Non-derogation clause (ERA 1996 s.43J)

Any term of an employment contract, settlement agreement, volunteer agreement, or non-disclosure agreement that purports to preclude a worker from making a protected disclosure is VOID under section 43J of the Employment Rights Act 1996 (as inserted by the Public Interest Disclosure Act 1998). NSEMM does not use, and will not enforce, any such term against a whistleblower.

2b. Volunteer and trustee protection

PIDA 1998 protects ‘workers’ as defined in the Employment Rights Act 1996. Volunteers and trustees are excluded from statutory protection. NSEMM extends EQUIVALENT contractual protection to all volunteers and trustees: anyone who makes a disclosure in good faith about a matter falling within the qualifying-disclosure categories is protected from retaliation, victimisation, or detriment, regardless of statutory status. This protection is enshrined in the NSEMM Volunteer Agreement and the Trustee Code of Conduct.

2c. DSL-conflict escalation

Where the disclosure concerns the actions of the DSL (Adrian Angol-Henry), the route is the Local Authority Designated Officer (LADO) for Nottingham City Council, 0115 876 5166, in parallel with notification to the Chair of Trustees. The DSL must not be informed of the disclosure until the LADO has given guidance.

3. What Can Be Reported

You should raise a whistleblowing concern if you reasonably believe that any of the following is occurring, has occurred, or is likely to occur:

4. How to Report a Concern

Option 1 – Via Protect App (preferred method)

1. Log in to Protect
2. Navigate to Whistleblowing > Raise a Concern
3. The system includes an intelligent PIDA assessment that guides you through four legal test questions to determine whether your disclosure qualifies for statutory protection
4. Provide as much detail as possible: what happened, when, who was involved, any evidence
5. Choose whether to submit identified or anonymously (see section 5)
6. If your disclosure qualifies under PIDA, the system will display a list of prescribed persons you may also report to externally
7. You can raise a parallel grievance alongside the whistleblowing report if the matter also affects you personally
8. Submit your report – it will be handled confidentially by designated officers

Option 2 – Direct to a Senior Officer

• DSL/CEO: Adrian Angol-Henry – [email protected]
• Chair of Trustees: Via post to NSEMM, Suite 74, Sneinton Market Unit 6 Gedling Street, Nottingham, NG1 1DS

Use direct reporting if the concern involves the person you would normally report to, or if you are unable to access the Protect app.

Option 3 – External Prescribed Persons

If you feel unable to raise your concern internally, or if NSEMM has not addressed your concern adequately, you may report to an external prescribed person:

5. Anonymous Reporting

NSEMM accepts anonymous whistleblowing reports. The Protect app includes an identity-stripping feature that allows you to submit a report without your identity being disclosed to investigators.

However, please be aware that:

• Anonymous reports are harder to investigate as we cannot ask follow-up questions
• If you identify yourself, your identity will be protected to the fullest extent possible
• Even if you choose to remain anonymous, your concern will be taken seriously and investigated
• The Protect app uses secure channels to protect anonymity

6. Confidentiality

• Your identity will be protected as far as reasonably possible throughout and after the investigation
• Information will be shared only with those who need to know to conduct the investigation
• If disclosure of your identity becomes necessary (e.g. for legal proceedings), you will be informed in advance
• All whistleblowing records are stored securely in the Protect app with restricted access

7. Investigation Process

The investigation may involve:

• Reviewing documents and records
• Interviewing witnesses
• Seeking specialist advice (legal, financial, safeguarding)
• Referral to external agencies where appropriate

8. Protection Against Retaliation

NSEMM will not tolerate any form of retaliation against a whistleblower. This includes:

• Dismissal or threat of dismissal
• Disciplinary action
• Demotion or denial of promotion
• Harassment, bullying, or victimisation
• Exclusion from activities or information
• Any other detrimental treatment

Any person found to have retaliated against a whistleblower will face serious disciplinary action, up to and including dismissal. Workers who experience retaliation should report it immediately via the Protect App or directly to the Chair of Trustees.

9. Malicious or Vexatious Reports

While NSEMM encourages the reporting of genuine concerns, deliberately false or malicious allegations may result in disciplinary action. A concern raised in good faith that is not upheld by investigation will not be treated as malicious.

10. Record Keeping

All whistleblowing reports and investigation records are maintained securely in the Protect app for a minimum of 7 years. Records are processed in accordance with the Data Protection & GDPR Policy.

11. Annual Review

The Board of Trustees reviews this policy annually and receives a summary report on the number and nature of whistleblowing disclosures received during the year (anonymised to protect identities).

12. Related Policies

• Safeguarding Policy
• Complaints Policy
• Conflict of Interest Policy
• Data Protection & GDPR Policy
• Health and Safety Policy

This policy is maintained by NSEMM leadership and reviewed annually. For queries, contact [email protected].