In our February edition of the Bottom Line Express we kept you up to date with the publishing of the so-called ‘Whistleblower Bill’. In an important update for all employers, the Minister for Public Expenditure and Reform, Brendan Howlin, has published the finalised version of the Protected Disclosure Bill 2013 which will establish a detailed and comprehensive legislative framework protecting whistleblowers in all sectors of the economy.
Employment Protection According to the Government the legislation will provide a comprehensive suite of employment and other protections to whistleblowers that are penalised by their employer or suffer a detriment from a third-party on account of raising concerns regarding possible wrongdoings in their workplace. The Minister stated that “[t]he publication of this legislation represents a major step in the delivery of the Government’s programme of political reform. It provides for the first time a comprehensive whistleblower protection across all sectors of the economy addressing what has been identified – both nationally and internationally – as a significant gap in Ireland’s legal framework for combating corruption” Blowing the Whistle The legislation is intended to provide a robust statutory framework within which workers can now raise concerns regarding potential wrongdoing that has come to their attention in the workplace and it is in the public’s interest that this information ought to be disclosed. Once introduced into legislation, whistleblowers will be safe in the knowledge that they can avail of significant employment and other protections if they are penalised by their employer or suffer any detriment for making such disclosures. The legislation also closely reflects international best practice recommendations on whistleblower protection made by, the G20/OECD, the UN and the Council of Europe and brings Ireland in line with other jurisdictions. The Minister added that “[t]he publication of the Protected Disclosure Bill and its planned enactment in the autumn should instill all workers with confidence that should they ever need to take that decisive step and speak-up on concerns that they have about possible misconduct in the workplace, they will find that society values their actions as entirely legitimate, appropriate and in the public interest” Blowing the Whistle The Bill provides detailed and broad guidance as to what a ‘relevant wrongdoing’ might be, including: (a) that an offence has been, is being or is likely to be committed, (b) that a person has failed, is failing or is likely to fail to comply with any legal obligation, (c) that a miscarriage of justice has occurred, is occurring or is likely to occur, (d) that the health or safety of any individual has been, is being or is likely to be endangered, (e) that the environment has been, is being or is likely to be damaged, (f) that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur, (g) that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or (h) that information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed. Key Features of the Bill
- Under the legislation, employees could be awarded up to five years’ remuneration if they are found to have been dismissed for whistleblowing.
- Such employees will be able to take an unfair dismissal claim, even if they have less than one year’s service.
- In making a protected disclosure, the whistleblower needs to reasonably believe that the information being disclosed shows or tends to show wrongdoing. If the employee makes a deliberately false report then this will not be protected.
- The legislation will also seek, as far as possible, to protect the identity of the whistleblower.
- The legislation provides a number of distinct disclosure channels for potential whistleblowers.
- The framework which it is planned to put in place seeks to ensure that the worker is encouraged to raise any concern with his or her employer in the first instance by establishing the simple requirement that the whistleblower reasonably believes that the information being disclosed shows or tends to show wrongdoing
A copy of the Bill and an explanatory document can be found by clicking here. Whistleblowing protection is a very new legal principle in Ireland and as such the case law and best practice is very much under-developed in Ireland. However, Peninsula has extensive experience dealing with whistleblowing issues given our presence throughout Great Britain and Northern Ireland where whistleblowing legislative protection is well established. Importantly, all employers who wish to discuss any whistleblowing matter are strongly encouraged to seek advice from our experienced Peninsula Employment Law Consultants who are ready and available to take your call 24 hours a day, 365 days a year, on 01 855 50 50.
