Purpose

HUGG Healing Untold Grief Groups CLG (“HUGG”) is committed to maintaining the highest standards of honesty, openness, transparency and accountability in all its actions. This Protected Disclosures (Whistleblowing) Policy (the “Policy”), explains (i) how Workers can safely report concerns about wrongdoing; (ii)how those concerns will be handled; and (iii) the protections available under the Protected Disclosures Acts 2014 –2022 (the “Acts”).  

Scope of the Policy

This Policy applies to all “Workers”, as defined by the Acts including: 

  • Employees (current and former) 
  • Contractors, agency workers, consultants 
  • Trainees and interns 
  • Volunteers  
  • Board and Committee members 
  • Shareholders 
  • Job applicants 

What is a “Protected Disclosure”

A Protected Disclosure is the disclosure of information about a Relevant Wrongdoing that a Worker reasonably believes to be true and that comes to their attention in a work‑related context. 

‘Relevant Wrongdoings’ are broadly defined in the Act and include the following:   

  • That an offence has been, is being or is likely to be committed;   
  • That a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the individual’s contract of employment or other contract whereby the individual undertakes to do or perform personally any work or services;   
  • That a miscarriage of justice has occurred, is occurring or is likely to occur;   
  • That the health and safety of any individual has been, is being or is likely to be endangered;   
  • That the environment has been, is being or is likely to be damaged;   
  • That an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur;   
  • That an act or omission by, or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement;  
  • That a ‘breach’ has occurred that is an act or omission which is unlawful and falls within the scope of certain EU acts relating to, amongst other things, public procurement, financial services, anti-money laundering and terrorist financing and consumer protection; or  
  • That information tending to show any matter falling within any of the points above has been, is being, or is likely to be concealed or destroyed, or that an attempt has been, is being, or is likely to be made to conceal or destroy such information.  

What is not covered: Personal employment grievances (e.g., interpersonal conflict, bullying, performance issues) unless they involve systemic wrongdoing. 

Reporting a Protected Disclosure Internally

All Workers have the right to report a Protected Disclosure where they have a reasonable belief that a wrongdoing has occurred. The procedure for reporting a Protected Disclosure internally is outlined below.   

 

Workers can make a Protected Disclosure to the CEO through any of the following internal channels: 

  • By Email: protecteddisclosures@hugg.ie 
  • By Phone: 01 513 4048 
  • By Post: 13 Adelaide Road, Dublin 2, D02 P950 

If a Worker believes that it is inappropriate to report the Protected Disclosure to the CEO (e.g. if the information relates to the CEO), the Worker may report the Protected Disclosure to the Chairperson of the Board.   

 

Alternatively, the process for reporting a Protected Disclosure externally is set out in Section 9 below (“Reporting a Protected Disclosure Externally”). 

 

Protected Disclosures may be reported orally or in writing. It is preferable to receive the disclosure in writing, but HUGG will accept both oral and written disclosures. Both disclosure types should include the following information:  

 

  • The fact the disclosure is a Protected Disclosure and is being made under this Policy; 
  • The discloser’s name, position, place of work, and confidential contact details;  
  • The name of the person(s), body or otherwise the subject of the disclosure;  
  • A description of the ‘Relevant Wrongdoing’;  
  • Any information that tends to show the ‘Relevant Wrongdoing’, including what is alleged to be occurring/ have occurred, dates/times and locations to assist the investigation of the matters raised in the disclosure;  
  • Name of witnesses to any ‘relevant wrongdoing’; and  
  • Any other information the person submitting the Protected Disclosure (the “Reporting Worker”) believes to be relevant.  

Where oral disclosures are made, a written record will be taken by the person to whom the disclosure is reported. The written record will be provided to the Reporting Worker, who will be given the opportunity to make further observations on it.   

Anonymous Disclosures

Whilst a Protected Disclosure may be made anonymously, the Act does not place an obligation on HUGG to accept and follow up on anonymous disclosures. However, as a matter of policy, if an anonymous Protected Disclosure is received, HUGG will investigate the matter to the extent feasible.  Where possible, HUGG will conduct an assessment as outlined below. However, it is important to note that it is much more difficult to fully investigate Protected Disclosure allegations in the absence of the knowledge of the identity of the discloser.  Any Reporting Worker who makes a Protected Disclosure by way of an anonymous report, and who is subsequently identified, will not be penalised for having made a Protected Disclosure.  

Confidentiality

HUGG will take all reasonable steps to treat all disclosures in a confidential and sensitive manner. HUGG will not disclose the identity of the Reporting Worker (or information from which the identity of the Reporting Worker may be deduced) without the Reporting Worker’s explicit consent, unless disclosing such information is necessary in order to:  

  • Complete an effective investigation of the relevant wrongdoing concerned;  
  • Prevent serious risk to the security of the State, public health, public safety or the environment; and/ or 
  • Prevent a crime or to prosecute a criminal offence; or comply with the law.  

In such circumstances, HUGG will endeavour to enter dialogue with the Reporting Worker in advance to discuss how to proceed.   

Where there is uncertainty as to whether a disclosure is a Protected Disclosure, it will be presumed to be a Protected Disclosure, unless the contrary is established.    

Management of Protected Disclosures 

Upon receipt of a Protected Disclosure, HUGG  will: 

  • Acknowledge receipt, in writing, within 7 days. An appropriate and impartial person will then be nominated to oversee the process (the “Designated Person”). The Designated  Person may be a member of the management team (including any of the members of management identified in this Policy as persons who can receive Protected Disclosures) or may be an external person. There may be more than one Designated Person, in which case references in this Policy to a “Designated Person” will be read accordingly.    

Access the information to determine appropriate follow‑up. The Designated  Person will make an initial assessment to establish if:

  • A) there is prima facie evidence that a relevant wrongdoing may have occurred and, if so 
  • B) whether or not the matter is appropriate for investigation under this Policy or should be addressed in another way (e.g. by way of referral to an external body such as An Garda Síochána or by reference to another procedure of HUGG). 

         

Make a determination:

  • If the Designated  Person determines that there is not prima facie evidence that a Relevant Wrongdoing has occurred, they  may decide whether the matter should be referred for consideration under other HUGG procedures or referred externally. To assist the assessment process, the Designated Person may, if they consider it necessary to do so, correspond with or offer to meet with the Reporting  Worker to discuss the matter, on a strictly confidential basis. The purpose(s) of such correspondence or meeting could include:  
  • A) Clarifying the content of the Protected Disclosure that has been made; and/or 
  • B) Clarifying any matters arising in respect of the confidentiality of the process (e.g. whether the Reporting Worker wishes to consent to his or her identity being disclosed).   

If a decision is made by the Designated  Person, that (for whatever reason) the matter is not appropriate for investigation under this Policy, this will be communicated to the Reporting Worker, in writing, and a reason for that decision will be given in the communication. 

Carry out enquiries or an investigation where required. If the Designated  Person determines that the matter is appropriate for an investigation to be carried out under this Policy,  they will arrange for the conducting of an investigation by one or more appropriate investigators.  The conduct of such an investigation will be governed by terms of reference set by the Designated Person, which will outline the process to be undertaken, the scope, and detail and the likely timeframe for completion.  The Designated  Person will maintain communication with the Reporting Worker and will provide updates within a reasonable timeframe.  Such information should be treated as confidential by the Reporting Worker.  Sometimes the need for confidentiality may prevent the Designated Person from giving specific details in relation to the investigation to the Reporting Worker.  

Whilst HUGG reserves the right to conduct the investigation internally, it may, at its discretion, appoint an external third party to conduct the investigation.  This may be appropriate where HUGG has limited resources or limited persons appropriate to oversee the investigation. . The decision on the appointment of a suitable investigator will be made by HUGG.  

Sensitivity and Fairness 

At all stages, the assessment and the investigation will be conducted sensitively, and in line with fair procedures, to ensure impartiality, objectivity and fairness. Confidentiality will be protected, in so far as it is reasonably practicable, but subject to the obligation of the HUGG to provide fair procedures to any Worker who is being investigated.   

Provide feedback within a reasonable period and, in any case, within 3 months of the date of the acknowledgement of receipt of the Protected Disclosure (or explain if more time is needed). Upon completion of the investigation, the Designated Person will inform the Reporting Worker that the investigation is complete.  If it is appropriate to do so, the Designated Person may share some information in respect of the outcome of the investigation and/or any actions undertaken as a result of the investigation.    

Investigation Outcomes 

Every reported Protected Disclosure will be taken seriously.    

Appropriate action will be taken where an investigation finds that a Relevant Wrongdoing has occurred.  This may include disciplinary action in respect of any employee, up to and including dismissal, in accordance with HUGG’s policies, or other appropriate sanction or intervention deemed necessary to prevent a recurrence of the relevant wrongdoing.    

Where an investigation is inconclusive or finds that no Relevant Wrongdoing occurred, there will be no negative inference against either the Reporting Worker or any person  against whom the concern was raised. All parties to the Protected Disclosure(s) will be expected to continue working as normal, and to conduct themselves in an appropriate manner at work. 

Protections for Workers 

Any penalisation of a Worker who makes a Protected Disclosure is in breach of the Act and it is contrary to HUGG’s procedures. Penalisation may include:  

  • Dismissal 
  • Demotion 
  • Negative changes to duties or conditions 
  • Withholding training or promotion 
  • Harassment or intimidation 
  • Damage to reputation 
  • Any disadvantage linked to the disclosure 

Disciplinary action against those responsible for the penalisation will be taken if appropriate. 

Reporting a Protected Disclosure Externally 

If a Worker prefers not to report internally, or if internal reporting is not appropriate, they may report to: 

A Prescribed Person. The Acts  allows a Protected Disclosure to be made externally to a “Prescribed Person”. The Prescribed Person for any matters arising under the Charities Act 2009 is the Chief Executive Officer of the Charities Regulatory Authority and/orThe Office of the Protected Disclosures Commissioner 

Record – Keeping:

All disclosures will be recorded, stored securely, and retained only for as long as necessary, and in compliance with the Data Protection Act 2018 and the General Data Protection regulations. 

Policy Review

This Policy shall be subject to review every two years, or more often if required.  All disclosures will be recorded, stored securely, and retained only for as long as necessary, and in compliance with the Data Protection Act 2018 and the General Data Protection regulation.  

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