Whistleblowing & Protected Disclosures

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:

• An offence has been, is being or is likely to be committed

• A person has failed, is failing or is likely to fail to comply with any legal obligation

• A miscarriage of justice has occurred, is occurring or is likely to occur

• The health or safety of any individual has been, is being or is likely to be endangered

• The environment has been, is being or is likely to be damaged

• 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

• An act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement or

• Information tending for any of the above matters has been, is being or is likely to be concealed or destroyed.

The Protected Disclosures Act 2014, as amended by the Protected Disclosures (Amendment) Act 2022, protects workers in the public, private and not-for-profit sectors from retaliation if they speak up about wrongdoing in the workplace.

The Protected Disclosures Act 2014 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.  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 2014 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.

The Protected Disclosures (Amendment) Act 2022, imposes a wide range of new obligations on employers in that they now must have a whistleblowing procedure as well as a broader definition of penalisation and a requirement for employers to put a whistleblowing procedure in place.

Whistleblowing Procedure for Employers

The required procedure for employers includes but is not limited to the following:

• Employers must set up a channel for workers to make a protected disclosure

• Employers must establish procedures to investigate the protected disclosure

• Employers must appoint a designated impartial person to follow up on disclosures matters and provide that person with the appropriate training

• Employers must acknowledge receipt of any protected disclosure in writing within 7 days of the disclosure being made.

• Feedback must be given to the worker within 3 months of the complaint except for extenuating circumstances where the disclosure that has been made is complex, whereby an additional 3 months may be allowed

Under the Protected Disclosures 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. 

How can Lavelle Partners Assist?

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 both the Protected Disclosures Act 2014 and the Protected Disclosures (Amendment) Act 2022, and based on the facts of the case, will recommend a course of action to protect your financial, commercial and reputation interests.

If you are concerned that you may be subject to a claim for unfair dismissal on the grounds of a protected disclosure, we can assist you. 

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 yourself have ‘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 advise you. 

Our Employment Team are fully acquainted with both the Protected Disclosures Act 2014 and the Protected Disclosures (Amendment) Act 2022, and based on the facts of the case, will recommend a course of action to protect your financial, commercial and reputation interests.

We will listen carefully to the details of your case and advise you of your next legal options.  If you choose to engage our services, you can be assured our Employment Team has the experience and determination to defend your best interests and, where necessary, rebuild your sound reputation.