Policy Statement
The Royal Botanic Garden Edinburgh (RBGE) is committed to achieving and maintaining high standards of behaviour at work, service to the public and in all its working practices. This policy also considers the Public Interest Disclosure Act 1998. This legislation allows employees to make a ‘protected disclosure’ of information where there is a genuine concern of any of the following:
- criminal offences
- failure to comply with a legal obligation
- miscarriages of justice
- threats to an individual’s health and safety
- damage to the environment
- a deliberate attempt to cover up any of the above
If an employee raises a genuine concern under this policy, the legislation guarantees they will not be dismissed or suffer any other detriment as a result.
RBGE recognises that the decision to report a concern can be a difficult one, not least because of fear of reprisal from those responsible for the alleged malpractice. RBGE will not tolerate the harassment or victimisation of a genuine whistleblower and will treat such conduct as a disciplinary matter.
Where the concern is raised in good faith, the whistleblower’s identity should be kept confidential as far as reasonably possible.
There are existing procedures in place to enable employees to lodge a grievance relating to their own employment by using the RBGE grievance policy. This policy is intended to cover concerns that fall outside the scope of all other RBGE internal policies and impact on the protected areas mentioned above.
How to raise a concern
If any employee has a concern, they should first raise this with their immediate line manager. If for any reason the employee finds this difficult or it is believed the line manager is involved, the matter should be reported to their divisional Head.
If the concerns are about a divisional Head, the matter should be raised with the Regius Keeper.
If the disclosure is about the Regius Keeper or a Trustee, the issues should be reported directly to the nominated Trustee for whistleblowing. This is currently being discussed, and in the meantime any concerns can be flagged to our Director of Resources & Planning, Joanne Hannah jhannah@rbge.org.uk.
In such a case, the appointed whistleblowing contact will usually also inform the Chair and subsequently decide how the investigation should proceed.
If the concern is about the Whistleblowing Trustee, the matter should be raised with the Regius Keeper in the first instance. The Chair of the Board would also be likely to be informed of the issues in such an instance.
How RBGE will respond
During the first part of the investigation, the investigator (the employee’s line manager, divisional Head, Regius Keeper or Trustee/Director of Resources and Planning) will arrange a meeting with the employee to discuss the issues. The individual should bring along as much evidence as possible of their concerns to this meeting.
If the concern is felt to be well founded following this meeting, it would be usual for the investigator to meet the person against whom the allegations are made, outlining the details of the issues raised, and give the individual the opportunity to respond.
Depending on the nature and seriousness of the complaint, the individual against whom the allegations are made may be suspended whilst the investigations are on-going.
If the evidence is felt to be insufficient however, the allegations will not be investigated any further. This procedure exists to deal with genuine concerns received from members of staff. However, a claim which is found to be malicious or made in bad faith will not be afforded protection by this policy and procedures. If investigations reveal this to be the case, the claim will not be considered further, and the individual raising it will be subject to disciplinary action.
Any allegations made should be kept confidential among as few people as possible. If the allegations made are felt to be genuine, it would be normal for the Regius Keeper and possibly even the Chair of the Board of Trustees to be informed.
Outcome of the Investigation
If the allegations are proven to be founded, disciplinary procedures will be initiated against the person who is the subject of the allegations.
The whistleblower will be kept up to date with developments as appropriate, although the exact nature of any disciplinary action taken will remain confidential.
Provided that the employee’s disclosure was made in good faith because they genuinely believed it to be true, the employee’s line manager and/or the Divisional Head should ensure that the employee is protected from reprisal or victimisation because of their complaint.
This policy is intended to provide reassurances and a route for employees to raise their concerns internally. If a whistleblower subsequently believes reasonable action has not been taken, the matter can be reported to the appropriate external authority.
People and Organisational Development
Last reviewed: May 2024
Next Review: May 2027