2) Exemptions

2) Exemptions

2.1 This policy will not apply where there is already an appropriate procedure in place for dealing with the concern. Specifically, this policy is not designed to be used: 

a) for raising or reconsideration of matters that come under existing internal procedures e.g. Grievance, Disciplinary, Capability, Dignity at Work or the Trust’s general complaints procedure; or

b) for allegations that fall within the scope of specific statutory procedures (for example child or vulnerable adult protection) which will normally be referred for consideration under the relevant process, unless the whistleblower has good reason to believe that the appropriate process is not being followed or will not be followed effectively, in which case the provisions of this policy shall apply in relation to that allegation; or

c) as an appeal process from any complaint or grievance handled under any of the above procedures.

2.2 Where a disclosure falls outside the scope of this policy, the Trust will advise the whistleblower of this and consult with them in respect of taking the matter further, if appropriate. Wherever possible, the Trust will comply with the reasonable views of the whistleblower in relation to the disclosure of information, but there may be situations where the Trust is legally required to pass on details of a disclosure, without the consent of the whistleblower, such as in Police investigations or legal proceedings.

2.3 Likewise, if a disclosure made under a separate Trust procedure falls under the remit of a “serious misconduct”, the Trust will notify the whistleblower of this and investigate the allegation under this policy instead.