Information request - 1810302 (ref: 1810302)

Summary

The requester asked if non-staff members could report wrongdoing at the Isle of Man Post Office and requested copies of the relevant whistleblowing procedures. The authority confirmed that separate policies exist for employees and suppliers, and disclosed both the Supplier Assurance Confidential Reporting procedure and the internal Employee Whistleblowing Policy.

Key Facts

• The Isle of Man Post Office has a separate confidential reporting procedure for suppliers compared to employees.
• The whistleblowing policy can be shared publicly as the Post Office is a Statutory Body.
• Suppliers can report concerns to the Head of Procurement and Compliance or the Finance Director.
• The internal whistleblowing policy applies to all employees including full-time, part-time, temporary, casual, and agency workers.
• Reports can be made verbally or in writing and may be referred to the Police or Public Auditor.

Data Disclosed

• 2021-06-28
• 2021-07-19
• 8
• 2
• Version 1.0
• Version 1.1
• HR/KG/0009
• Version 3.1
• April 2011
• 090413
• 2016
• IM2 1AA

Original Request

Can non staff members report alleged wrong-doing in the IOMPO? IOMPO response: The Confidential Reporting (Whistle Blowing) policy applies to IOMPO employees. IOMPO has a separate supplier assurance procedure for confidential reporting (whistle blowing) for companies or individuals who provide goods and/or services to IOMPO. New Request: Can you please forward me a copy of this procedure? 6 Can the Whistleblowing policy be shared publicly? as the IOMPO is a Statutory Body of the IOM Government. IOMPO response: Yes New Request: Can you please forward me a copy of the policy?

Data Tables (2)

Full Response Text

Page 1 of 2 – Version 1.0

Supplier Assurance

Confidential Reporting (Whistle Blowing) Isle of Man Post Office (IOMPO) is committed to the highest possible standards of openness, probity and accountability. In line with that commitment, suppliers (either companies or individuals who provide goods and/or services to IOMPO) with serious concerns about any aspect of the IOMPO’s work are encouraged to voice them through appropriate channels. In so doing, it is recognised that in certain cases, they may have to proceed on a confidential basis.

Employees and our supply chain are often the first to realise that there may be something seriously wrong within IOMPO or their own organisation. However, they may not wish to speak up about concerns because they may feel disloyal towards colleagues and their employers if they did so. IOMPO wish to make it clear that employees and suppliers can speak out without fear of victimisation, discrimination or disadvantage. Examples of issues are where there is a suspicion or direct evidence that the following have been, are being or are likely to be committed such as: a criminal offence; fraud, bribery or corruption; disregard for legislation; breach of conduct or bad working practices.

For transparency, this information is provided to convey the confidential reporting procedure to suppliers.

How to raise concerns Suppliers to IOMPO (or their employees) wishing to report a concern should contact either: Head of Procurement and Compliance (contact details redacted) or Finance Director (contact details redacted)

Concerns should be made promptly so that an investigation may proceed and any preventative measures taken. Disclosures can be made in writing or verbally by telephone. Please provide as much information as possible, which may include:
 background to the concern  individual(s) involved  details of dates/places where the malpractice occurred; and  the reasons for raising the matter, i.e. ground for suspicions

Where appropriate, the matter raised may:  be investigated by IOMPO management, or through the disciplinary process  be referred for specialist advice  be referred to the Police or the Public Auditor  form the subject of an independent inquiry

IOMPO does respect the concerns raised by its suppliers and will ensure that they are kept as fully informed as possible, so that they can be satisfied that the matter is being properly addressed. Therefore, subject to any legal or other constraints, the person who made the disclosure will be informed about the investigation, its outcome and any necessary action will be taken by IOMPO.

Page 2 of 2 – Version 1.1 Form of Acknowledgement

To: Head of Procurement and Compliance

Isle of Man Post Office

Postal Headquarters

Spring Valley Industrial Estate

Douglas

Isle of Man IM2 1AA

Confidential Reporting (Whistle Blowing)

We accept that the IOMPO operates a confidential reporting (whistle blowing) procedure for its suppliers of goods and/or services.

Please accept this letter as our acknowledgement of the processes to follow.

Signature

Name

For and on behalf of

Address

Postcode

Date

Email Address

Telephone Number

HR/KG/0009 Version 3.1 April 2011 – Reviewed by ARC 090413 and in 2016 Approved by Board Page 1 of 6

Confidential Reporting (Whistle Blowing) Policy

Introduction This policy applies to all in the employment of Isle of Man Post Office (the “Post Office”) whether full-time, part-time, temporary, casual or agency workers. Reference to ‘Employee’ within this document encompasses all of the above, and must be someone who has a contract of employment.

1. Policy The Isle of Man Post Office is committed to the highest possible standards of openness, probity and accountability. In line with that commitment, employees with serious concerns about any aspect of the Post Office’s work are encouraged to voice them through appropriate channels. In so doing, it is recognised that, in certain cases, they may have to proceed on a confidential basis.

Employees are often the first to realise that there may be something seriously wrong within their organisation. However, they may not wish to speak up about concerns because they may feel disloyal towards colleagues and employers if they did so. Employees may also feel concerned that they may be subject to victimisation or harassment if they speak out, or may feel it is easier to ignore their concerns if they only have inkling or suspicion something may be wrong.

It is the intention of this policy to make it clear that employees can speak out without fear of victimisation, discrimination or disadvantage. This confidential reporting policy is intended to encourage and enable employees to exhaust all available avenues within the Post Office to raise serious concerns and seek resolution without fear or reprisal and to discourage employees from ignoring problems.

It is vitally important that employees raise issues of concern so that they can be fully investigated. Isle of Man Post Office expects employees to use this procedure, and to feel confident that, if they are genuinely concerned about the matter they raise, their concerns will be handled with sensitivity and professionalism.

This policy is intended to cover any major concerns the employee may have that fall outside the scope of existing internal procedures, such as personal grievances including harassment, violence, aggression or discrimination, for example.

An example of issues which should be raised under this policy, and the list is by no means exhaustive, are where there is a suspicion or direct evidence that the following have been, are being or are likely to be committed by a fellow employee(s)

 a criminal offence
 fraud, bribery or corruption
 a breach of the Isle of Man Post Office Code of Conduct  undue favour shown, either on a contractual matter, or to a job applicant  bad working practice

HR/KG/0009 Version 3.1 April 2011 – Reviewed by ARC 090413 and in 2016 Approved by Board Page 2 of 6

 disregard for legislation, particularly in relation to health and safety in the workplace  damage of the environment  serious breach of Isle of Man Post Office Financial Regulations  concealment of any of the above

For any issues not listed here, it will be for the employee to use their judgement as to whether to take action under this policy. If in any doubt, employees are advised to follow the terms of this policy and make a disclosure, should their report relate to issues outside its scope, then they will be advised accordingly.

As a general guide, employees should report their concerns if they consider it would be in the public interest for intervention to stop the malpractice and, if appropriate, for sanctions to be applied.

Although employees are not expected to prove the truth of an allegation, they will need to demonstrate to the person contacted, that there are sufficient grounds for their concern.

An employee may discuss their concern with a work colleague, who may also have knowledge of the matters they wish to raise, and both may consider raising a joint disclosure.

The earlier an employee expresses their concerns, the easier it will be to take action and to minimise any negative impact on the Isle of Man Post Office.

Consultation This policy has been subject to consultation with appropriate trade unions and has their full support.

1. Assurance Isle of Man Post Office recognises that the decision to report a concern is not an easy one to make, not least because of the fear of reprisal from those reported for the malpractice.
   The Post Office will not tolerate harassment or victimisation from employees and will take appropriate action, including the application of disciplinary procedures, to protect an employee who raises a concern in good faith. If concerns cannot be confirmed by an investigation, no action will be taken against an employee except where they raise a matter they know to be false.

In the event of a person maliciously making a false allegation this will be a disciplinary offence. It will be the responsibility of the organisation to ensure that appropriate action is taken against any person who places an employee or their family under any duress arising from any disclosure made in good faith.

If an employee makes a disclosure in confidence, under this policy, and asks for their identity to be protected, efforts will be made to do so. Employees must appreciate though, that due to the nature of the investigation process it may be vital to proceedings that they would be required to make a statement to be included in evidence. If the matter does progress to this stage, and the evidence is required in a disciplinary hearing or a police investigation, then the employee will be advised accordingly.

In accordance with the Employment Act 2006, an employee cannot be dismissed or selected for redundancy as a result of making a disclosure. In addition, an employer cannot withhold a pay rise, object to a promotion or not provide relevant training and support. This does not mean that if an employee is already the subject of disciplinary or redundancy procedures, that those procedures will be halted as a result of confidential reporting.

HR/KG/0009 Version 3.1 April 2011 – Reviewed by ARC 090413 and in 2016 Approved by Board Page 3 of 6

Furthermore, an employee has protection under the law, namely the Employment Act 2006, and in certain circumstances an employee can further a complaint with an Employment Tribunal if an employee is treated unfairly at work as a result of a serious disclosure made in good faith.

1. How to Raise Concerns Anyone making a disclosure should in the first instance make a report to the Designated Officer (a list of designated officers can be found in section 10 of this policy). Disclosures should be made promptly so that investigation may proceed and any action taken expeditiously. All qualifying disclosures will be treated seriously and will be promptly investigated. If an employee wishes to make an anonymous disclosure, it will be much more difficult to investigate the matter. Employees are encouraged to disclose their name whenever possible. Concerns expressed anonymously, are much less persuasive, but will be considered at the discretion of Isle of Man Post Office. In exercising this discretion, the factors to be taken into account would include –

 the seriousness of the issues raised  the credibility of the concern; and  the likelihood of confirming the allegation from attributable sources

Concerns are best raised in writing, though they can also be expressed verbally through a telephone call. As much information as possible should be given, which should include –

 the background to the concern;
 names of individuals involved;  details of dates and places where the malpractice occurred  the reasons why the employee is making the disclosure, i.e. ground for suspicions

1. How the Isle of Man Post Office Will Respond to a Disclosure Where concerns are raised, whether in writing or otherwise, an initial confidential interview will be arranged to discuss the matter. At this stage an employee will be asked if they wish their identity to be disclosed during the investigation. Employees will be reassured about protection from possible reprisals or victimisation. The employee will also be asked whether or not they wish to make a formal statement. In either case, a brief summary of the interview will be recorded, which will be agreed by both the employee and the interviewing officer and a copy given to the employee for their records.

All proceedings will be of a confidential nature. In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required, this will be taken before any substantive investigation is conducted. The overriding principle, which Isle of Man Post Office will have in mind, is the public interest.

If, in exceptional circumstances, the concern involves the Chief Executive, then this report will be made to the Minister or Chairman responsible, who will decide how the investigation will proceed. This may include an external investigation.

Where appropriate, the matters raised may –

 be investigated by management, or through the disciplinary process

HR/KG/0009 Version 3.1 April 2011 – Reviewed by ARC 090413 and in 2016 Approved by Board Page 4 of 6

 be referred for specialist advice  be referred to the police  be referred to the Public Auditor  form the subject of an independent inquiry

Except in the case of anonymous disclosures, the Designated Officer will write to the employee within ten working days of a concern being raised to: -

 acknowledge that the disclosure has been received  indicate how the matter will be dealt with  give an estimate of how long it will take to give a final response  advise whether any initial enquiries have been made  advise whether further investigations will take place and if not, why not

The amount of contact between the Designated Officer that the disclosure has been reported to and the employee will depend on the nature of the matter raised, the potential difficulties involved and how clear the information provided is. If necessary, the Designated Officer will ask for further information from the employee.

When any meeting is arranged, the employee has the right, if they so wish, to be accompanied by a trade union/professional association representative or a friend. The meeting can take place at employee’s place of work, at their home, or elsewhere if requested. The Designated Officer may require a note taker at the meeting and may be accompanied accordingly.

The Designated Officer will take steps to help an employee, as much as possible, to minimise any difficulties which they may experience as a result of raising a concern. For example, if an employee is required to give evidence in criminal or disciplinary proceedings, they will arrange for employees to receive advice about such procedures.

The Designated Officer will produce a written report that –

 outlines the complaint  details the investigation process  gives the outcome of the investigation  details recommendations where appropriate

Whilst an employee may not be given a copy of the full investigation report, the Isle of Man Post Office does resp

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