July 6, 2020
Data Protection – the Return to Work Safely Protocol
When the Return to Work Safely Protocol was published in May, we outlined the main considerations for employers. You can read this piece here. In this piece, we outlined that...
Whistleblowing Advice for Employers
The Protected Disclosures Act 2014 which came into force in July 2014 put employers on notice that employees would be afforded legal protection if they disclosed concerns regarding their employer (e.g. in relation to perceived health and safety breaches). The risk for employers was (and is) that in some contexts, employees who have reason to believe their disclosure has led to their dismissal could then bring an action for unfair dismissal, bringing with it financial and reputational impact for the employer.
Lavelle Partners are regularly asked by employers to assist in matters which could become contentious or where there has already been a complaint to the Workplace Relations Commission of a possible breach of the law in relation to whistle-blowers protection.
The Protected Disclosures Act 2014 states that if an employee discloses information, including perceived wrong-doings by their employer, they are afforded legal protection. Such wrong-doings may include:
Under the Act, an employee does not require one year’s service to bring a claim for unfair dismissal, and the maximum compensation available is five years, rather than two (which is the cap under other unfair dismissal claims).
In addition, employees seeking to claim unfair dismissal in relation to whistleblowing can apply to the Circuit Court to continue their employment (in the form of an interim relief order) without any reduction in pay or benefits.
To be successful in bringing a claim, an employee must show that they have “substantial grounds” for linking the dismissal with the protected disclosure made.
Given the relatively low threshold for the burden of proof and the potentially high costs associated with a successful claim, it is easy to see why employers should be cautious in relation to such matters. If you are concerned that you may be subject to a claim for unfair dismissal on the grounds of a protected disclosure, Lavelle Partners can assist you. Our team of employment law Solicitors are well acquainted with the Protected Disclosures Act 2014, and based on the facts of the case, will recommend a course of action to protect your financial, commercial and reputation interests.
Lavelle Partners work with Talbot Pierce to provide a seamless service in respect of Human Resource Management. Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.
For further information on workplace whistleblowing for employers in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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