The RDJ Employment Team recently held a series of employment law breakfast briefings across our offices in Cork, Galway and Dublin. Areas covered in these briefings were protected disclosures, retirement ages and misconduct dismissals and our Employment Team addressed the most pressing concerns for our clients on these issues and provided practical advice on how to navigate these complex and developing areas.
We have provided six key takeaways from the series below, based on questions posed to our team at the events.
Q. Given that the company's HR person may be involved in a grievance/disciplinary process and appeal process, is it best that the company's HR person not be the "designated impartial person", as provided for in the Protected Disclosures amending legislation, assigned to deal with the protected disclosures?
A. The Protected Disclosures (Amendment) Act 2022 (2the Act"), which becomes effective on 1st January 2023, indicates that the designated impartial person may be internal or external. It does not exclude specific individuals from holding that role. The Act also states that this person may also be the person who was the recipient of the protected disclosure. The statutory responsibilities of the impartial designated person under the Act are as follows: maintaining communication with any person makes a protected disclosure, carrying out an appropriate assessment of the alleged wrongdoing, taking action to address the...
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