Protected Disclosures encourage and enable employees to raise concerns within their workplace rather than overlooking a problem. In fact, statistics show that employees are the first to realise that there may be something seriously wrong within their organisation. However, sometimes employees may not express their concerns, as they feel that speaking up would be disloyal to their colleagues, organisation or – more importantly – surrounding their remuneration. Items covered So what issues are covered by protected disclosures?
- A breach of law – even one that might be likely to happen
- Failure to comply with legal obligations
- Disclosures in relations to a miscarriage of justice
- Health & Safety risks – not only risks to employees, but also to the public
- Damage to the environment
- Unauthorised use of company funds or resources of a public body
- Fraud and corruption
- Information demonstrating, or potentially evidencing, any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed
Raising a concern If an employee is raising a concern, then they must:
- Disclose the information in good faith
- Believe it to be substantially true
- Not act maliciously or make false allegations
Concerns should be treated in confidence, and every effort must be made NOT to reveal the employee’s identify. Their disclosures will be presumed to be true and the employer faces the difficult task of convincing a court – or the WRC – that a belief was ‘unreasonable’. If an employee is penalised for whistleblowing, then they can bring a complaint to the Workplace Relations Commissions and could be awarded up to 5 years' remuneration. Case law A care worker who disclosed information at the Aras Chois Fharraige nursing home was awarded €17,500, following what the Labour Court deemed protected disclosure. She was placed on suspension initially, and following investigations she was deemed a “trouble maker”. She made further complaints and a report was issued that the care worker was acting out of malice. The employee disputed this citing, claiming she was raising a grievance and was adhering to the grievance policy. The matron of the home said “over my dead body will that person work here again” – following a long period of unpaid suspension. This was deemed penalisation by the Court and she was subsequently given the award. This was the first successful claim under the 2014 Act. If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
