Understanding Protected Disclosures in the Workplace
What is a Protected Disclosure?
- A protected disclosure is the reporting of information by a worker that they reasonably believe shows wrongdoing in the workplace. This can include criminal offences, health and safety risks, misuse of public funds, or environmental damage.
How is a Protected Disclosure different from a grievance or complaint?
- A grievance typically relates to personal employment issues (e.g., pay disputes), while a protected disclosure involves reporting wrongdoing that affects others or the public interest.
Will my identity be protected if I make a disclosure?
- Yes. The Protected Disclosures Act requires that your identity be kept confidential, unless disclosure is necessary for investigation or required by law. Anonymous disclosures are also possible, though they may limit follow-up.
What happens after I make a disclosure?
Your report will be acknowledged, assessed, and may be investigated. You should receive feedback on the outcome, and your identity will remain protected throughout the process. The process:
- Serious treatment and investigation of the concern.
- Identity safeguarded in accordance with Section 16 of the Act.
- Clear feedback on how the issue was addressed and the outcome of any investigation.
- No disadvantage for raising a concern based on reasonable belief, even if no wrongdoing is found.
Who can make a Protected Disclosure?
- Any worker—including employees, contractors, trainees, volunteers, and board members—can make a protected disclosure if the wrongdoing came to their attention in a work-related context.
What protections do I have under the law?
- You are protected from dismissal, penalisation, or any form of retaliation for making a protected disclosure. This includes demotion, harassment, or reduction in pay or hours.
Where can I get independent advice before making a disclosure?
- You can consult Citizens Information or a legal adviser for guidance.
Who is protected?
- Employees (current or former)
- Trainees and unpaid interns
- Contractors and agency workers
- Volunteers, board members, shareholders
- Job applicants
What counts as wrongdoing?
- Criminal offences
- Breaches of legal obligations or EU law
- Health and safety risks
- Environmental damage
- Misuse of public funds
- Miscarriage of justice
- Oppressive, discriminatory, grossly negligent acts by public bodies
- Concealment or destruction of information related to wrongdoing
- Wrongdoing can occur inside or outside Ireland. Even if the information is incorrect, workers remain protected if they had a reasonable belief.
What is not covered?
- Personal workplace grievances
- Employment contract disputes
- Legally privileged information
- Wrongdoing detected as part of a worker’s official duties (e.g., law enforcement reporting external wrongdoing)