2. The Public Interest Disclosure Act 1998 ("PIDA")
2.1
PIDA is designed to encourage and enable employees (which includes Agency Staff and any other individual working for the Council) to raise any concerns about any suspected serious wrongdoing, an illegal act or a dangerous situation within the organisation.
2.2
This is called making a "Protected Disclosure" under the Act, and when it is made in the public interest and in accordance with this policy, an employee is legally protected from harassment or victimisation as a result of the disclosure.
2.3
The person making the disclosure does not have to be directly or personally affected by the serious wrongdoing, but the disclosure must be made in the public interest.
2.4
To be protected, the disclosure must be in the public interest and raise a concern that:
- a criminal offence (e.g. fraud, corruption or theft) has been/is likely to be committed;
- a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject;
- a miscarriage of justice has been/is likely to occur;
- the health or safety of any individual has been/is likely to be endangered;
- the environment has been/is likely to be damaged;
- public funds are being used in an unauthorised manner;
- Rotherham Metropolitan Borough Council's Constitution (including Standing Orders, Financial and Procurement Procedure Rules, etc.) has not been observed or is being breached by a Borough Councillor(s) and/or a Council Officer(s);
- sexual or physical abuse by any member of staff on service user is taking place;
- unlawful discrimination is occurring to any member of staff or service recipient in relation to the legally protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation (see guidance on Equality Act at https://www.equalityhumanrights.com/en/advice-and-guidance/equality-act-guidance);
- any other form of improper action or conduct is taking place;
- information relating to any of the above is being deliberately concealed or attempts are being made to conceal the same.
2.5
PIDA will protect any employee or worker making a Protected Disclosure, irrespective of whether or not the disclosure relates to information gained in the course of their employment (e.g. a protected disclosure made by an employee acting as a service user would still fall under the PIDA protection).
2.6
If an employee does not feel comfortable making a disclosure to the Council, he/she may be entitled to make a disclosure to other prescribed persons, as referred to at Paragraph 4.3 below.
