What Is a Protected Disclosure?

A protected disclosure is defined as the act of a worker reporting information that they reasonably believe shows relevant wrongdoing such as fraud, misuse of public funds, health and safety breaches, environmental damage, or other unlawful activity in the workplace or connected to their employment.

These protections apply whether the wrongdoing has already occurred, is occurring, or is likely to occur.

Who Is Protected?

Under the Protected Disclosures Acts, protection is extended to a broad range of individuals, including:

• Current employees
• Former employees
• Contractors
• Trainees
• Job applicants (in relation to information acquired during the recruitment process)
• Volunteers
• Board members
• Shareholders

This broad scope ensures that individuals who report wrongdoing in good faith are legally protected, regardless of their employment status.

Key Features of the Protected Disclosures Legislation

The Protected Disclosures (Amendment) Act 2022 introduced several significant updates, including:

• Compensation for Unfair Dismissal: A whistleblower who is dismissed as a result of making a protected disclosure can claim compensation of up to five years’ remuneration, regardless of length of service. The usual one-year service requirement for unfair dismissal claims does not apply in these cases.
• Confidentiality: Employers and prescribed bodies are required to keep the identity of the whistleblower confidential. Breaching confidentiality is unlawful except in strictly limited circumstances.
• Civil and Criminal Immunity: Whistleblowers are granted civil immunity from liability for disclosing confidential information and also benefit from qualified privilege under defamation law, provided the disclosure is made in good faith.
• No Requirement to Prove Wrongdoing: Protections still apply even if the alleged wrongdoing is ultimately not proven, as long as the report was made with reasonable belief and in good faith. However, deliberately false or malicious disclosures are not protected.
• Internal and External Reporting Channels: Workers can make disclosures:
• Internally, to their employer or designated person
• Externally, to prescribed bodies or regulators
• Publicly, in certain specific and high-threshold circumstances

Employers with 50 or more employees are now required by law to establish formal internal reporting procedures for handling protected disclosures. This includes acknowledging reports within 7 days and providing follow-up within a reasonable period (usually 3 months).

Why Whistleblower Protection Matters

Ministerial commentary and legal reform have emphasised that the aim of Ireland’s whistleblower legislation is to protect the individual, focus on the message not the messenger and promote a culture of openness and accountability in the workplace.

The legislation ensures that workers who step forward to report genuine concerns are valued, safeguarded, and respected, even if their disclosure doesn’t ultimately lead to disciplinary or legal action.

It is essential for employers in Ireland, particularly those with 50+ employees or working in regulated sectors to:

• Develop a clear whistleblowing policy
• Train relevant staff on how to handle protected disclosures
• Maintain confidentiality and procedural fairness at all times
• Understand their obligations to report and respond within legal timelines

Need Help Navigating Whistleblowing Obligations?

At The HR Company, we support employers in developing legally compliant whistleblowing policies, handling disclosures sensitively, and training managers on how to respond effectively. Whether you need help building a reporting structure, drafting a policy, or handling a current disclosure, our expert HR advisors are here to guide you. Contact The HR Company today to ensure your organisation is fully aligned with Irish whistleblower legislation and best practices.