THE PROTECTED DISCLOSURES ACT 2014

The Protected Disclosures Act 2014 was recently enacted and takes a more comprehensive approach in line with international best practice guidelines for the protection of whistleblowers in all sectors of the Irish economy. This new legislation provides a statutory framework within which workers can make disclosures of wrongdoing in the knowledge that they can avail of significant employment protections and avoid penalisation. 

Key features of the Act include:

· The safeguards in the legislation are extended to workers in all sectors. ‘Workers’ has been given a broad definition and includes employees, contractors, trainees, agency staff, former employees, interns, work experience students and members of an Garda Siochana.

A ‘protected disclosure’ means disclosure of information which, in the reasonable belief of the worker, tends to show a ‘relevant wrongdoing’. A ‘relevant wrongdoing’ has been widely drafted and includes criminal offences, breaches of legal obligations, threats to health and safety or the environment, miscarriages of justice, improper use of public funds or any attempt to conceal information in relation to such wrongdoings.

• The motivation for making the disclosure is irrelevant in order to eliminate any deterrents or barriers for people making disclosures.
• There is ‘stepped disclosure system’ which encourages workers to report internally to employers in the first instance, and at the lowest possible level.
• The Act provides protection for whistleblowers for having made a protected disclosure. There is an extension of unfair dismissal law, providing employees with protection from ‘day one’, up to five years’ compensation and interim relief.
• The legislation provides a right of action in tort where a detriment is suffered by a whistleblower. The legislation has been drafted widely enough to bring into scope family members of whistleblowers, who may be able to issue proceedings for damages in their own right.
• The Act includes measures to protect the identity of whistleblowers. The person to whom the disclosure is made shall take all reasonable steps to avoid disclosing the identity of the whistleblower. 

The Protected Disclosures Act 2014 can be seen as providing important protections for whistleblowers. In light of this legislation employers should ensure they are maintaining compliance with the new law. Public sector employers need to put policies in place to comply with the Act's requirements, and for those in the private sector it would certainly be encouraged. 

Catriona Sharkey