Protected Disclosures, more commonly known as Whistleblowing, refers to employees or other individuals speaking up about wrongdoing in a workplace.  Whistleblowers enjoy strong protections from penalisation as a result of having raised a concern about wrongdoing, which is known as a “Protected Disclosure”.

Someone makes a Protected Disclosure when they disclose relevant information which came to their attention in a work context and which, in the reasonable belief of the worker, tends to show a relevant wrongdoing.

Relevant Wrongdoings include, for example:

• Criminal offences;
• Health and safety breaches;
• Damage to the environment;
• Improper use of public funds;
• Oppressive or discriminatory conduct or gross negligence or gross mismanagement by a public body;
• Breach of EU law;
• Destruction of evidence in relation to wrongdoing.

Following a recent amendment in the legislation, interpersonal grievances which exclusively affect the reporting person is not sufficient to be a Relevant Wrongdoing.

Individuals who make Protected Disclosures have a series of important protections from being dismissed or otherwise penalised, for example by unfair treatment, threats of reprisal, loss of promotion opportunities. If an individual is successful in proving that they were dismissed as a result of making a Protected Disclosure, they can be awarded up to five years’ remuneration by the Workplace Relations Commission.

A person who suffers detriment as a result of making a Protected Disclosure can also pursue a claim for damages in the civil courts.  It is also possible to obtain an injunction in the Circuit Court for an injunction restraining penalisation for making a Protected Disclosure.

If you have a query in relation to Protected Disclosures, contact our specialist employment law team on 01 644 9900 or mail@danielspring.ie

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.