Policy

Whistleblowing (Speaking Up) Policy

How staff can raise genuine concerns about wrongdoing, malpractice or risk to patients without fear of reprisal, and how those concerns are handled

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What's inside

This policy is fully drafted and structured, ready to brand and complete for your service. It covers:

  • 1. Purpose
  • 2. Scope
  • 3. Policy statement and principles
  • 4. Definitions
  • 5. What this policy covers - the categories of concern
  • 6. Whistleblowing concern or personal grievance?
  • 7. Aesthetic-sector examples of concerns to raise
  • 8. How to raise a concern internally
  • 9. Confidentiality and anonymity
  • 10. Raising a concern externally and with prescribed persons
  • 11. Protection from reprisal and detriment
  • 12. How concerns are received, assessed and investigated
  • 13. Recording, records and data protection
  • 14. Links to other duties - safeguarding, incident reporting and candour
  • 15. Roles and responsibilities
  • 16. Training and awareness
  • 17. Monitoring, audit and compliance
  • 18. Related policies
  • 19. Review and version control
  • 20. Disclaimer

Legislation & standards it maps to

  • Public Interest Disclosure Act 1998
  • Employment Rights Act 1996 - in particular Part IVA (protected disclosures) and sections 47B (right not to be subjected to detriment) and 103A (unfair dismissal)
  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 - in particular Regulation 17 (Good governance), Regulation 19 (Fit and proper persons employed) and Regulation 20 (Duty of candour)
  • Care Quality Commission (Registration) Regulations 2009
  • Enterprise and Regulatory Reform Act 2013 - amendments to the public interest disclosure provisions
  • The Public Interest Disclosure (Prescribed Persons) Order 2014 (as amended)
  • Health and Safety at Work etc. Act 1974
  • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
  • Equality Act 2010
  • Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR)

Who it applies to

All employees, workers, locums, agency and bank staff, students, trainees, volunteers, contractors and self-employed practitioners working for or on behalf of [Organisation Name], whether clinical or non-clinical and regardless of length of service

Glossary

Plain-English explanations of the technical terms and legislation used in this document.

Action Fraud
The United Kingdom's national reporting centre for fraud and cybercrime.
Adverse event
Any unexpected or unwanted occurrence linked to a treatment that harms, or could harm, a patient.
Anonymous concern
A concern raised without the person giving their name, so the organisation does not know who raised it.
Botulinum toxin
A prescription-only injectable medicine, often known by brand names, used to relax muscles and reduce wrinkles.
Care Quality Commission (CQC)
The independent regulator of health and social care services in England.
Care Quality Commission (Registration) Regulations 2009
The rules setting out who must register with the regulator and what they must report and do.
Confidential concern
A concern where the organisation knows who raised it but keeps their identity private as far as it lawfully can.
Cooling-off period
A gap between agreeing to a treatment and having it, giving the patient time to reflect and decide freely.
Cosmetic Practice Standards Authority (CPSA)
The body that sets the clinical standards used by the Joint Council for Cosmetic Practitioners for non-surgical cosmetic treatments.
Data Protection Act 2018
The United Kingdom's main data-protection law, which sits alongside the UK General Data Protection Regulation.
Decontamination
The combined process of cleaning, disinfecting and, where needed, sterilising equipment so it is safe to reuse.
Dermal filler
An injectable gel used to smooth lines or add volume to the face.
Detriment
Any unfavourable treatment of a person, such as being denied shifts, disciplined, excluded or bullied, because they raised a concern.
Disclosure and Barring Service (DBS) check
A criminal-records check showing whether a person is suitable to work with patients or vulnerable people.
Duty of candour
The legal duty to be open and honest with a person and their family when something goes wrong with their care.
Employment Rights Act 1996
The main law on employment rights, which (in Part IVA) gives workers protection when they make a protected disclosure.
Enterprise and Regulatory Reform Act 2013
An Act that updated whistleblowing law, including the requirement that a disclosure be in the public interest.
Equality Act 2010
The law protecting people from discrimination based on characteristics such as age, disability, sex or race.
Freedom to Speak Up contact
A named person whose job is to receive concerns, give confidential advice and support staff to speak up.
General Dental Council (GDC)
The body that registers and regulates dentists and other dental care professionals in the United Kingdom.
General Medical Council (GMC)
The body that registers and regulates doctors in the United Kingdom.
General Pharmaceutical Council (GPhC)
The body that registers and regulates pharmacists, pharmacy technicians and pharmacies in Great Britain.
Gross misconduct
Serious wrongdoing at work that can justify dismissal without notice.
Health and Safety at Work etc. Act 1974
The main law requiring employers to protect the health and safety of staff and others affected by their work.
Health and Safety Executive (HSE)
The national regulator responsible for workplace health and safety in Great Britain.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
The regulations setting the fundamental standards that registered health and care providers must meet.
Indemnity
Insurance or cover that pays out if a patient is harmed and makes a claim against a practitioner.
Infection prevention and control (IPC)
The measures used to stop infection spreading between patients, staff and visitors.
Information Commissioner's Office (ICO)
The United Kingdom's independent regulator for data protection and information rights.
Information governance
The framework for handling people's personal and health information legally, securely and appropriately.
Informed consent
Agreement to treatment given freely after the risks, benefits and alternatives have been clearly explained.
Intense pulsed light (IPL)
A light-based treatment used on the skin, for example to remove hair or treat pigmentation.
Joint Council for Cosmetic Practitioners (JCCP)
A voluntary register and standards body for practitioners who provide non-surgical cosmetic treatments.
Locum
A practitioner who stands in temporarily to cover a role, rather than being a permanent member of staff.
Medicines and Healthcare products Regulatory Agency (MHRA)
The United Kingdom regulator for the safety of medicines and medical devices.
Near miss
An event that could have caused harm but did not, by chance or because it was caught in time.
Nominated Individual
The senior person responsible to the regulator for supervising how a service is provided.
Nursing and Midwifery Council (NMC)
The body that registers and regulates nurses and midwives in the United Kingdom.
Prescribed person
A regulator or body named in law to whom a worker may make a protected disclosure about matters within that body's remit.
Prescription-only medicine (POM)
A medicine that may lawfully be supplied or given only on the instruction of an appropriate prescriber, for example botulinum toxin.
Protect
An independent charity (formerly Public Concern at Work) that gives free, confidential advice to people thinking about whistleblowing.
Protected disclosure
A qualifying disclosure made in the public interest that the law shields from dismissal and detriment.
Public interest
A concern that affects others, such as patients or the public, rather than only the person's own private employment position.
Public Interest Disclosure (Prescribed Persons) Order 2014
The order listing the regulators and bodies to whom a worker can make a protected disclosure.
Public Interest Disclosure Act 1998
The Act that introduced legal protection for workers who blow the whistle on wrongdoing.
Qualifying disclosure
A disclosure of information that the person reasonably believes shows wrongdoing and is made in the public interest.
Registered Manager
The person registered with the regulator as responsible for the day-to-day running of a service.
Regulated activity
A type of care or treatment the law requires a provider to register with the regulator to deliver.
Remote prescribing
Prescribing a medicine without an adequate in-person or otherwise robust assessment of the patient, which is unsafe for medicines such as botulinum toxin.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
The law requiring certain workplace injuries, diseases and dangerous events to be reported to the Health and Safety Executive.
Retention schedule
A plan setting out how long different records are kept before they are securely destroyed.
Safeguarding
Protecting people's health, wellbeing and rights and keeping them safe from abuse, harm or neglect.
Scope of practice
The range of treatments and tasks a practitioner is trained, competent and authorised to carry out.
Sharps
Needles, blades, cannulas and other items that can cut or puncture the skin.
Single assessment framework
The structure the regulator uses to judge a service, built around quality statements and five key questions (safe, effective, caring, responsive, well-led).
Subject of the concern
The person, team or organisation that a whistleblowing concern is about.
UK General Data Protection Regulation (UK GDPR)
The United Kingdom's main data-protection law governing how personal information is collected and used.
Whistleblowing (speaking up)
Raising a concern about wrongdoing, risk or malpractice at work, protected by law.
Worker
A broad legal category that, for whistleblowing, covers employees, agency staff, certain self-employed people, trainees and others.
Yellow Card scheme
The Medicines and Healthcare products Regulatory Agency's system for reporting problems with medicines or medical devices.

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