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The Protected Disclosures Act 2014 (the “Act”) was introduced in summer 2014 and provides comprehensive protection for whistleblowers in an employment context where a protected disclosure is made. See our earlier article (Long-awaited legislation for the Protection of Whistleblowers has finally arrived) for an analysis of the Act.The Act provides very significant protection for workers if they are penalised for making a protected disclosure. In particular, where a worker ...
The Protected Disclosures Act 2014 (the “Act”) was introduced in summer 2014 and provides comprehensive protection for whistleblowers in an employment context where a protected disclosure is made. See our earlier article (Long-awaited legislation for the Protection of Whistleblowers has finally arrived) for an analysis of the Act.
The Act provides very significant protection for workers if they are penalised for making a protected disclosure. In particular, where a worker is dismissed as a result of making a protected disclosure, a compensation award of up to five years’ remuneration can be made, rather than the usual cap of two years’ remuneration in unfair dismissal cases. In addition, workers do not require the usual 12 months’ service in order to bring a claim. This increases the possibility that individuals dismissed within this period e.g. during probation may bring a claim under the Act where he / she has made a protected disclosure. Employers should also be aware that a worker can seek injunctive relief from the Circuit Court following a dismissal which the worker claims results wholly or mainly from making a protected disclosure.
Somewhat surprisingly, considering the attractions for litigating employee, there have been very few cases under the Act to date. However it can be expected that reported claims will increase. A Code of Practice on protected disclosures (the “Code”) has been recently published (see the full text of the Code here). This Code is intended to give guidance to employers and workers in relation to protected disclosures and the channels for making such disclosures. In general terms, the Code provides a useful summary of the Act and includes a sample policy for employers. While public sector bodies are specifically required to have a whistleblowing policy in place under the Act, the Code highly recommends private sector employers to follow suit. Indeed it would be helpful for employers to have such a policy to assist with the defence of claims.
Please contact a member of the Employment team if you require any further information or if you require assistance in preparing a suitable whistleblowing policy for your organisation.