As we move into the final months of 2022, there are significant legislative developments on the horizon. In this briefing we take a look at some of the key developments coming down the line.
Whistleblowing: The Protected Disclosures (Amendment) Act 2022
A date has been set for commencement of this important legislation. The Act will take effect in its entirety from 1 January 2023 and employers have until then to comply.
Upon commencement, private sector employers with 250 or more employees, and those who fall within the scope of certain EU laws in areas such as financial services, will be required to establish formal reporting channels and procedures for workers to make protected disclosures. All employers need to comply with new provisions, concerning aspects such as the widening of the category of workers who can make a protected disclosure; the protection of their identity and the shifting of the burden of proof in the event of a claim for penalisation.
Commenting on the commencement, the Minister for Public Expenditure and Reform said
"This Act substantially overhauls the legal framework for the protection of whistleblowers. It gives greater certainty to workers who report wrongdoing that the information they disclose will be properly followed up on. It also strengthens the protections for workers who suffer penalisation for raising a concern about wrongdoing in the workplace".
In setting 1 January 2023 as the commencement date, "I am giving employers notice so that...
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