More commonly known as the “Whistleblowers’ Act”, the Protected Disclosures Act 2014 came into force in Ireland on 15 July 2014. Its aim is to protect workers who report wrongdoing in their workplace. The Act provides for a single piece of legislation for the protection of whistleblowers as opposed to the disjointed approach adopted in Ireland to date. What will be the impact on employers?

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The Whistleblowers’ Act
Publication Date: 22 July 2014 | Author(s): Elizabeth Mara Member Firm(s): LK Shields
Solicitors Country: Ireland
More commonly known as the “Whistleblowers’ Act”, the Protected Disclosures Act 2014 came into
force in Ireland on 15 July 2014. Its aim is to protect workers who report wrongdoing in their
workplace.
The Act provides for a single piece of legislation for the protection of whistleblowers as opposed to
the disjointed approach adopted in Ireland to date.
Who is covered?
The Act affords a range of protections for all workers. The term “worker” includes employees,
former employees, contractors, consultants, trainees and agency staff who make certain
disclosures regarding "relevant wrongdoings" arising in the workplace.
The term "relevant wrongdoing" includes the following:
• the commission or likely commission of a criminal offence;
• failure to comply with any legal obligation (other than one arising out of the worker's contract of
employment);
• a miscarriage of justice;
• health and safety issues;
• damage to the environment;
• unlawful or improper use of public funds;
• an act or omission by a public body that is oppressive, discriminatory, grossly negligent or
constitutes gross mismanagement;
• the concealment or destruction of information in relation to any of the above.
The worker’s motivation for making the disclosure is irrelevant.
Method of Disclosure
Workers are encouraged to make their disclosure to their employer in the first instance. Where this
is not appropriate a worker can make it to external parties - including a prescribed person by a
Minister (e.g. a regulatory body); a Minister (where the worker works in a public body) or a legal
advisor in the course of obtaining legal advice.
Protections
Where a disclosure is properly made, the worker will attract various protections including
protection from penalisation (eg suspension, demotion and dismissal).
Where a worker is unfairly dismissed for making a protected disclosure, compensation of up to 5
years' remuneration may be awarded. Such an award is considerably in excess of the maximum
award of 2 years' remuneration under the Unfair Dismissals Acts and is designed to act as a

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deterrent. In addition, an employee who claims to have been dismissed or threatened with
dismissal for having made a protected disclosure can apply to the Irish courts to restrain the
dismissal.
A worker making a protected disclosure may also be entitled to anonymity in certain
circumstances. This protection is likely to make the conduct of workplace investigations more
challenging as employers need to ensure that they comply with the principles of natural justice and
fair procedures arising from the Irish Constitution.
Requirements
Public sector employers are required to have a whistleblowing policy in place. It is also advisable
for private sector employers to put a whistleblowing policy in place, which is appropriate to their
business and existing policies and procedures. Such a policy should ensure that structures and
training are in place to enable compliance.
Taken from the Ius Laboris Knowledge Base: www.globalhrlaw.com
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