Whistleblowing Ireland

Have you spotted wrongdoing at work

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spotted wrongdoing at work?

Whistleblowing, also known as “making a protected disclosure,” refers to reporting misconduct or wrongdoing within an organization.

In Ireland, there are legal protections for whistleblowers to ensure they can speak up about misconduct without fear of retaliation.

If you are considering making a protected disclosure and are concerned about the potential consequences, seeking legal advice from a solicitor may be helpful.

They can guide the process and help you understand your rights and options.

Whistleblowing can be difficult, but it is an important way to hold organizations accountable for their actions and ensure that misconduct is addressed.

If you have information about wrongdoing in your workplace, don’t be afraid to speak up – the law is on your side.

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Whistleblowing is reporting misconduct, illegal or unethical behaviour in the workplace.

In Ireland, there is a range of different types of whistleblowers. They can bring to light any wrongdoing they have witnessed or experienced in their place of work. We have worked with multiple types of whistleblowers, such as:

  1. Internal Whistleblowers: These are employees who report misconduct to their employer or a designated internal reporting channel. This type of whistleblowing is usually the first step in addressing misconduct and is encouraged by many organizations as a means of improving workplace culture and ethical standards.
  2. External Whistleblowers: These individuals report wrongdoing to an external organization or regulatory body, such as the Workplace Relations Commission, the Health and Safety Authority, or the Garda Síochána. External whistleblowing is often used when internal reporting channels have failed or the whistleblower fears retaliation.
  3. Public Interest Whistleblowers: These individuals report misconduct in the public interest. This type of whistleblowing can bring to light issues such as corruption, environmental damage, or a threat to public health and safety.
  4. Third-Party Whistleblowers: These are individuals who report misconduct on behalf of others. For example, a union representative or a family member may report on behalf of a whistleblower who is unable or unwilling to make the report themselves.
  5. Anonymous Whistleblowers: These are individuals who report wrongdoing without revealing their identity. This type of whistleblowing can be helpful for individuals who fear retaliation or those who have tried to convey through internal channels but have not seen any action.

 

Whistleblowers play an essential role in promoting ethical behaviour and maintaining workplace integrity. 

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Who Can Make a Protected Disclosure in the Workplace

Under the Protected Disclosures Act 2014, any worker in Ireland – including employees, contractors, and agency workers – can make a protected disclosure, also known as “whistleblowing,” if they have information about misconduct or wrongdoing in their workplace.

A protected disclosure can be made to:

  • Your employer
  • A prescribed person (such as a regulator or industry association)
  • A legal adviser
  • A minister of the government

 

Before making a protected disclosure, consider whether your information relates to a “relevant wrongdoing.” This includes criminal offences, breaches of legal obligations, dangers to health and safety, and environmental damage.

If you are considering making a protected disclosure and are concerned about the potential consequences, seeking legal advice from a solicitor may be helpful.

They can guide the process and help you understand your rights and options.

Remember, you have legal protections as a whistleblower in Ireland and cannot be dismissed, demoted, or subjected to any other detrimental treatment due to making a protected disclosure.

If you have information about misconduct or wrongdoing in your workplace, don’t be afraid to speak up – the law is on your side.

Remedies for Whistleblowers

Whistleblowers in Ireland are protected by law under the Protected Disclosures Act 2014. If you are a whistleblower, there are several remedies that you can pursue:

  1. Protection from retaliation: The law protects against retaliation from your employer or colleagues for making a protected disclosure. This includes protection from dismissal, suspension, demotion, or any other adverse action.

  2. Access to legal remedies: If you experience retaliation, you can seek legal remedies such as reinstatement, compensation, or an injunction against further retaliation.

  3. Confidentiality: The law allows you to make a protected disclosure in confidence, and your identity will be protected unless you consent for it to be disclosed.

  4. Reporting to the Workplace Relations Commission: You can report any concerns about retaliation to the Workplace Relations Commission, which can investigate the matter and take appropriate action.

  5. Criminal sanctions: If an employer engages in retaliation against a whistleblower, they can face criminal sanctions, including fines and imprisonment.

It is important to seek advice from a legal professional if you consider making a protected disclosure. They can advise you on your rights and help you navigate the process.

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How Employment Matters Can Assist You

Suppose you are considering making a protected disclosure, also known as “whistleblowing,” about misconduct or wrongdoing in your workplace in Ireland.

In that case, Employment Matters can provide legal support and guidance throughout the process.

Here are some ways that we can assist a whistleblower in Ireland:

 

  1. Advise on the process: A law firm can explain the process for making a protected disclosure and help you understand your rights and options.
  2. Review and draft your disclosure: A law firm can review the information you have and help you draft your disclosure clearly that meets the legal requirements.
  3. Provide legal representation: If you face retaliation or negative consequences for making a protected disclosure, a law firm can provide legal representation and support you through any legal proceedings.
  4. Assist with negotiations: A law firm can help you negotiate with your employer or other parties to resolve the issue without going to court.
  5. Advise on other options: If making a protected disclosure is not the best option for you, a law firm can advise you on other options for addressing the misconduct or wrongdoing.

 

Remember, you have legal protections as a whistleblower in Ireland and cannot be dismissed, demoted, or subjected to any other detrimental treatment due to making a protected disclosure.

If you have information about misconduct or wrongdoing in your workplace and are considering making a protected disclosure, don’t hesitate to seek legal advice from a law firm.

Whistleblower Ireland FAQs:

A whistleblower is a person, typically an employee, who reveals information within an organisation which is deemed illegal, fraudulent or unsafe.

Whistleblowing is known as “making a protected disclosure”. Employment law protects you if you raise concerns about wrongdoing in the workplace. You are protected if you are dismissed or penalised for reporting any wrongdoing. 

The following workers are protected under the 2014 Act:

  • Employees or former employees
  • Independent contractors
  • Trainees
  • Agency worker
  • People on work experience and the Gardaí
  • People working under a contract for services

If you have a concern that you want to report, there are several ways to do this. You can approach your employer, a prescribed person or an external person. You can also get help from the Workplace Relations Commission.

How does it work?

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We start by establishing whether or not you have a claim.

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Then, if you do and you want to pursue it, we’ll help guide you through the complex process of making that claim.

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That said, you only have a limited time to lodge your complaint to the WRC or Labour Court, so act fast.

Don't Let Fear of Retaliation Hold You Back

Speak up about misconduct in your workplace. Contact us for legal advice and support as a whistleblower.