5. The process
Who should you raise your concern with?
In the first instance, and unless the worker reasonably believes their line manager to be involved in the wrongdoing, any concerns should be raised with the worker’s line manager.
If they believe the line manager to be involved, or for any reason do not wish to approach their line manager, then the worker should notify the next most senior member of staff or their head of department.
If exceptionally, the concern is raised about your director then you should raise your concern with the Chief Executive. If exceptionally, the concern is raised about the Chief Executive then the concern should be raised with the Chair.
Any approach will be treated with the strictest confidence and the worker's identity will not be disclosed without their prior consent.
How to raise a concern
You may raise your concern by telephone, in person or in writing. The earlier you express your concern, the easier it is to act. You should provide the following:
- The nature of your concern and why you believe it to be true.
- The background and history of the concern (including any relevant dates).
In advance of raising a concern, you may wish to consider discussing the situation with a work colleague or trade union representative. They can accompany you to any meetings or be included in any telephone conversations.
What will VisitScotland do?
When a line manager or appropriate manager is notified of potential wrongdoing, the line manager or appropriate manager will write to you within seven working days of the concern being raised, to acknowledge the concern has been received.
We will indicate how VisitScotland proposes to deal with the matter and supply you with any information on support that is available to you. If an investigation is to take place you will be informed.
When investigating a concern, the manager appointed as lead investigator may have to speak to you on one or more than one occasion to gather relevant facts. If this is the case, you will be invited into a meeting to discuss the concern and clarify information about it.
HR will be present at these meetings and workers will be advised that they have the right to be accompanied by a companion (either a trade union representative or a work colleague). Your companion must respect the confidentiality of your disclosure and any subsequent investigation.
Depending upon the nature of the concern this meeting can be arranged away from your workplace.
The worker’s statement will be considered, and they will be asked to comment on any additional evidence obtained.
The lead investigator (or the person who carries out the investigation) will then report their findings in writing to the Chief People and Culture Officer and the Director of Corporate Services, who will take any necessary action.
This action may include following anti-bribery or fraud processes, if appropriate, and/or reporting the matter to any appropriate government department or regulatory agency.
If disciplinary action is required, the lead investigator (or the person who carried out the investigation) will take this matter forward with the People and Culture Department and the Disciplinary Policy will be applied.
We will aim to keep you informed of the progress of the investigation and the expected timescale. However, sometimes the need for confidentiality may prevent us giving you specific details on the investigation or any disciplinary action taken as a result.
On conclusion of any investigation, the worker will receive an outcome letter summarising what the organisation has done, or proposes to do, about it. The worker will receive this outcome letter within three months of the disclosure date.
If no action is to be taken, the reason for this will be explained. You should treat any information about the investigation and the outcome letter as confidential.
What happens if I do not feel the matter has been dealt with appropriately?
If the worker is concerned that their line manager or lead investigator has failed to instigate a disclosure or has failed to take the matter seriously, they should inform a senior member of staff or head of department who will arrange for another manager to review the investigation carried out, make any necessary enquiries and compile a report in writing to the Chief People and Culture Officer and the Director of Corporate Services, as outlined above.
If, on conclusion, the worker reasonably believes that the appropriate action has not been taken, they should report the matter to the proper authority. We encourage you to seek advice before reporting a concern to anyone external. The independent whistleblowing charity, Protect, operates a confidential helpline. They also have a list of prescribed regulators for reporting certain types of concern. These include:
- Commissioners for HM Revenue and Customs
- Financial Conduct Authority (formerly the Financial Services Authority)
- Competition and Markets Authority
- Health and Safety Executive
- Environment Agency
- Serious Fraud Office
- Audit Scotland
You can find further information on prescribed regulators on the UK Government website.
Whistleblowing concerns usually relate to the conduct of our staff, but they may sometimes relate to the actions of a third party, such as a supplier.
In some circumstances the law will protect you if you raise the matter with the third party directly. However, we encourage you to report such concerns internally first. You should contact your line manager or Head of Procurement for guidance.