What Is a Protected Disclosures Investigations?

A protected disclosure, also known as whistleblowing, is a disclosure of information which in the reasonable belief of the worker tends to show one or more relevant wrongdoings within their company.  The wrongdoing must come to the worker’s attention in connection with his or her employment 

Under the Protected Disclosures Act 2014, it was only Irish public bodies who were within scope under the Act and that were required to put in place a Protected Disclosures policy and internal whistleblowing channel, and to fully investigate protected disclosures. 

However, that has changed with the 2022 amendment to the Act, the Protected Disclosures Amendment Act 2022, which comes into force on 1st Jan 2023 for some employers and for other employers on 17th Dec 2023. 

What Companies Does The New Act Apply To?

Under the Protected Disclosures Amendment Act 2022, as well as all public sector organisation, private sector organisations, as well as not-for-profit entities, must put in place a Protected Disclosures policy and internal whistleblowing channel, and must fully investigate protected disclosures, but with the following qualifications.

Over 250 employees

• Employers with more than 250 employees are required to have the required policy and internal whistleblowing channel in place by 1 January 2023

50 to 249 employees

• Employers with a staff of between 50 and 249 have until 17 December 2023 to do so

Specific Sectors (irrespective of number of employees)

• Employers in certain sectors of industry will not benefit from the 250-employee or the 50-employee threshold as they already fall under existing EU legislation that requires them to have such procedures in place and include employers in the following areas:

• This includes:
• • Financial Services

• • Products and Markets

• • Prevention of Money Laundering and Terrorist Financing

• • Transport safety

• • Protection of the environment

Thus, with effect from 1st Jan 2023, all the companies in the above categories, irrespective of the number of employees, will be required to put in place a Protected Disclosures policy and internal whistleblowing channel, and must fully investigate protected disclosures.

This is where CollierBroderick can support organisations.

Getting Protected Disclosure Policy In Place

If you don’t have or need to update your existing Protected Disclosures policy, our experienced workplace investigators who are also experienced and qualified in protected disclosures, will be able to quickly assist you in putting the necessary policy in place relevant to your organisation.

How To Set Up A Whistleblowing Channel?

Our experienced and qualified protected disclosures experts, who have over 5 years’ experience of operating and advising on whistleblowing channels, will be able to support and advice you in putting the necessary whistleblowing channels in place relevant to your organisation.

Proceeding With A Protected Disclosure Investigation

If it is decided that an external formal investigation of a protected disclosure is warranted, this is where CollierBroderick can further support your organisations. We are totally impartial and with our highly skilled investigators, can guarantee to carry out the investigation expeditiously to support the staff member and the organisation.  

We are expert in workplace investigations and have carried out hundreds of investigations over many years including several protected disclosures investigations, including in other jurisdictions and in many sectors. 

With our experienced workplace and protected disclosures investigators, we are well equipped to provide an impartial, independent, robust, and expeditious investigation to the high standards expected in this area.