Whistleblowing to ORR

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ORR is a prescribed person under UK whistleblowing law and values the role whistleblowers can play in ensuring effective regulation. The law allows employees and ‘workers’ to make disclosures of information in the public interest, by giving them protection from victimisation or detriment by their employer.

Whistleblowers can talk to us about their concerns of things that have happened, are currently happening, or are likely to happen, if they believe it raises a matter of wider public interest relating to:

  1. the provision and supply of railway services
  2. any activities related to the Office of Rail and Road’s functions

Before speaking to us, you should consider raising your concerns internally at your firm (if you are confident doing so) by speaking to your line manager or a senior member of staff, and reading your employer's whistleblowing policy.

Concerns raised to the ORR might relate to, for example:

  • breaches of health and safety regulation on the railways
  • anti-competitive practices in the railway industry
  • non-compliance with regulations on accessible travel
  • issues with the delivery of major programmes of investment and other performance commitments on the strategic road network in England

Whistleblower protection applies both to employees and ‘workers’ (an explanation is available on the Protect website). Recognising our role in regulating safety in the heritage railway sector, we also welcome disclosures from volunteers – however, such disclosures are not afforded the same legal protection, due to the absence of an employment relationship.

How to contact us

If you are an employee, worker, or volunteer, please contact the Board Secretariat by telephone on 0207 282 2093, Monday to Friday, 10am to 4pm. 

You can also email board.secretariat@orr.gov.uk to make a whistleblowing disclosure. 

Otherwise, please raise your concerns via the Public Correspondence Team by email at contact.pct@orr.gov.uk or by telephone on 0207 282 2000.

What information should I provide?

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It will assist us if you can make sure to provide the following information when making a disclosure:

  • your name and job role (providing us with your details is up to you − we still welcome your disclosure if you wish to remain anonymous)
  • the name of your employer, your worker status and how long you have been employed
  • the nature of your concern and which of ORR’s function the disclosure relates to (the ‘who, what when, where, why, how’ – specific detail will help us to consider your concerns appropriately)
  • the impact (or potential impact) of the wrongdoing, risk or malpractice
  • whether you have already raised the concern with your employer
  • if you have any supporting documentation or evidence you can share with us (we only ask to receive information which is already in your possession, and do not encourage trying to obtain further information, which may place you at risk)
  • how you wish to be contacted, and whether you wish to be provided feedback on the outcome of your disclosure (to the extent that confidentiality permits)

A disclosure can relate to past, present or likely future wrongdoing.

We understand that making the decision to blow the whistle on your employer is a difficult one. ORR takes seriously the issue of maintaining the confidentiality of whistleblowers and we will protect your identity as far as possible. However, we cannot guarantee your confidentiality. We may need to disclose your identity where we are required to do so, for example, by law. It is also possible that you may be identifiable by others due to the nature or circumstances of the issue that you report.

Please note, if you do not wish to provide your name or contact details, and therefore remain anonymous, it may make it more challenging for ORR to investigate your concerns if we require further information from you at a later stage. It also means you may not be able to access the legal protection afforded by whistleblowing law. 

What will happen next?

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There are a number of ways we may respond to a disclosure, depending on what we are told and how serious the matter is.

The Board Secretariat will first work with the whistleblower to fully understand the concern(s), including the degree of urgency, and will explain what you can expect going forward.

A confidential case will be created from your disclosure and details only shared with limited, relevant ORR colleagues (such as our Inspectors or legal department) to assess the information and decide on the next steps. If appropriate, a case officer will be assigned to consider whether to investigate or take any other type of action.

We may decide to, for example:

  • note the concern for information – we will log it and check whether it adds to existing concerns or whether it is a new concern
  • use the information to help us to decide whether to urgently undertake or bring forward a planned inspection
  • raise the issue directly with the appropriate duty holder (we will protect the confidentiality of the whistleblower when we do so)
  • suggest notifying another regulator or official body if it is appropriate for them to look into the concern instead of, or as well as us
  • suggest notifying the police if the information is about possible illegal activity

Where requested, we will try to keep you updated as your case progresses, but we may be unable to discuss in detail what we have or have not done with the information you have provided. Each whistleblowing case is different and so the time it takes to assess each case will vary. Assessing and acting on whistleblowing information can take time - it may also become part of our ongoing supervisory work.

Please be aware, ORR is unable to:

  • provide you with legal advice or guidance
  • decide whether you quality for protection under whistleblowing law
  • accept reports that solely relate to employment disputes or personal grievances
  • share confidential information, such as that related to enforcement investigations
  • provide you with exact timings as to when any actions may be taken or investigation completed

Should you wish to seek free, independent and confidential legal advice on whistleblowing and your potential rights under whistleblowing law, you can contact the UK’s whistleblowing charity Protect via their webform or by calling them directly on 020 3117 2520.

Annual report

Prescribed persons, such as the ORR, are required to produce an annual report on whistleblowing disclosures under the Prescribed Persons (Reports on Disclosures of Information) Regulations 2017.

Although the report must include certain facts, figures and an explanatory summary, the report will not contain confidential information.

Annual reports from the ORR may be found below.