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 for Advice for Employees
At Lavelle Partners, we understand that those who are brave enough to raise a genuine concern regarding unlawful or dangerous conduct by their employer, should not be penalised for doing so. Whether concerns are being raised in relation to the actions (or inactions) of a member of staff, a customer, or third-party, the information disclosed should be treated seriously and acted upon properly.
If you have yourself ‘blown the whistle’ for conduct you genuinely believed was illegal or posed a risk to others and have been treated poorly or retaliated against as a response, our specialist team of Solicitors will be able to assist you. We will listen carefully to the details of your case and advise you of your next legal options. And if you choose to engage our services, you can be assured our team has the experience and determination to defend your best interests and, where necessary, rebuild your sound reputation.
In Ireland, this area of law is covered by the Protected Disclosures Act 2014. This Act states that if an employee discloses relevant information, which they believe to be true, including one or more wrong doings in relation to their employment, they are afforded protection under law. Wrong doings which may be disclosed include:
The act prevents employers from seeking to penalise or threaten (or inciting another person to do so on their behalf) an employee who has made a protected disclosure. And if the employer attempts to dismiss the individual, this will be treated as unfair dismissal, under the Unfair Dismissals Act 1977.The 2014 Act contains a provision entitling an employee who has been dismissed for making a Protected disclosure to compensation of up to five years salary.
The Act also contains specific provisions enabling the Circuit Court to grant a statutory injunction restraining an employee’s dismissal in circumstances where they can demonstrate that their dismissal is as a consequence of the fact that they have made a protected disclosure.
For further information on workplace whistleblowing in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
Contact our office
Make an enquiry