Whistleblowing

What is a Protected Disclosure?

A protected disclosure, also known as whistleblowing, is a disclosure of information which in the reasonable belief of the worker tends to show one or more relevant wrongdoings within the organisation that they work for. The wrongdoing has come to the worker's attention in connection with their employment in that organisation.

Protected Disclosure Investigations

As an investigator of protected disclosures, the investigator is responsible for receiving, assessing, and investigating information about wrongdoing or malpractice in an organisation or public body that is disclosed by a whistleblower.

They are also responsible for protecting the identity and the rights of the whistleblower, and for taking appropriate action to address the issues raised by the disclosure.

An investigator may be appointed by an employer, a prescribed person, a minister, or a public body to carry out these functions. You may also be a member of An Garda Síochána, the Defence Forces, or the intelligence services, who have their own procedures for dealing with protected disclosures.

The Protected Disclosures Act 2014

The legal framework that governs the role and responsibilities of an investigator of protected disclosures is the Protected Disclosures Act 2014, which came into effect on 15 July 2014. The Act aimed to provide a comprehensive and robust framework for dealing with whistleblowing in the public and private sectors. The Act covered all workers, including employees, contractors, agency workers, trainees, volunteers, and former workers.

The main features of the Act

  • The Act protects whistleblowers from being penalised or dismissed for making a protected disclosure, which is defined as a disclosure of relevant information that, in the reasonable belief of the worker, tends to show one or more relevant wrongdoings. The Act lists a number of relevant wrongdoings, such as criminal offences, breaches of legal obligations, miscarriages of justice, endangerment of health and safety, damage to the environment, and concealment of any of the above.
  • The Act provides whistleblowers with a number of channels for making a protected disclosure, such as to their employer, to a prescribed person (such as a regulator or an ombudsman), to a legal adviser, to a minister, to a trade union, or to the public (under certain conditions). The Act also allows whistleblowers to make anonymous disclosures, although this may limit the protection they can receive.
  • The Act gives whistleblowers the right to seek redress from the Workplace Relations Commission or the Labour Court if they suffer any detriment or dismissal as a result of making a protected disclosure. The Act also provides whistleblowers with immunity from civil and criminal liability and protection from defamation claims for making a protected disclosure.
  • The Act requires public bodies to establish and maintain procedures for receiving and handling protected disclosures from their workers. The Act also requires public bodies to publish an annual report on the number and type of protected disclosures they receive and the actions they take in response.
  • The Act obliges anyone who receives a protected disclosure to take all reasonable steps to protect the identity of the whistleblower, unless the whistleblower consents to be identified or the disclosure of their identity is required by law or necessary for the effective investigation of the matter.

Role & Responsibilities of an investigator

  • Your role as an investigator of protected disclosures is to receive, assess, and investigate information about wrongdoing or malpractice in an organisation or public body that is disclosed by a whistleblower. You should act in a fair, impartial, and professional manner, and follow the procedures and guidelines that apply to your role.
  • Your responsibilities as an investigator of protected disclosures include:
  • Receiving the protected disclosure from the whistleblower and acknowledging it in writing.
  • Assessing the protected disclosure to determine if it meets the criteria of the Act and if it falls within your remit or jurisdiction.
  • Informing the whistleblower of the outcome of your assessment and whether you intend to investigate the matter or not.
  • Investigating the protected disclosure in a timely, thorough, and independent manner, using the appropriate methods and tools.
  • Gathering and analysing the evidence and information related to the protected disclosure.
  • Protecting the identity and the rights of the whistleblower, and ensuring that they are not subjected to any detriment or dismissal for making the protected disclosure.
  • Reporting the findings and recommendations of your investigation to the relevant authority or person, and informing the whistleblower of the outcome of your investigation and the actions taken or proposed to be taken.
  • Keeping records and documentation of the protected disclosure and the investigation process.