The Protected Disclosures (Amendment) Bill 2022 (the 2022 Bill) is intended to amend the Protected Disclosures Act 2014 (the 2014 Act). This is the first of a series of e-zines in which we will discuss possible changes to whistleblower law in Ireland if this Bill is enacted into law in its current form.
Substantial changes to the 2014 Act are required for Ireland to comply with EU law as it relates to protected disclosures. Therefore, it is important for employers to familiarise themselves with likely changes in order to be prepared when they become law.
Who is protected under the 2022 Bill?
The Protected Disclosures Act 2014 applies to disclosures made by “workers” of relevant information that came to that worker’s attention in connection with their employment. Workers are defined in the 2014 Act as including employees, consultants, agency workers; essentially anyone who is contracted to provide work for an employer in the public or private sector. The 2022 Bill significantly expands the group of people protected disclosure legislation would apply to. The definition of “worker” in the 2022 Bill includes:
- Employees
- Consultants
- Agency workers
- People engaging in work experience
- Shareholders
- Volunteers
- Prospective employees involved in the recruitment process or contract negotiations, and
- Ex-employees
What is penalisation under the 2022 Bill?
One of the protections that whistleblowers have under the 2014 Act is protection from being penalised for having made a protected...
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