The Protected Disclosures Act 2014, as amended by the Protected Disclosures (amendment) Act 2022, protects workers in the public, private and not-for-profit sectors if they speak up about or raise concerns relating to wrongdoing in the workplace. Workers can report wrongdoing internally to the employer or externally to a third party, such as a prescribed person.
Specifically, the key objectives of the legislation are as follows:
- To encourage workers to raise reasonable concerns regarding possible wrongdoing in the workplace so that these concerns can be addressed.
- To underpin a working environment in which the primary focus is on responding to the ‘message’ (i.e. the reporting of wrongdoing) rather than on the ‘messenger’ (i.e. the worker making the report).
- To reinforce the legal requirement that employers should not penalise a worker who makes a protected disclosure.
- To ensure that a competent and timely assessment and investigation of reports of wrongdoing takes place followed, where necessary, by an appropriate response.
“Protected disclosure” means the disclosure of relevant information, which in the reasonable belief of the worker tends to show one or more relevant wrongdoings and came to the attention of the worker in connection with their employment.
‘Worker’ includes employees, contractors, consultants, agency staff, former employees, temporary employees, and interns/trainees.
The following matters are “Relevant wrongdoings” :
- that an offence has been, is being or is likely to be committed,
- that a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the worker’s contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services,
- that a miscarriage of justice has occurred, is occurring or is likely to occur,
- that the health or safety of any individual has been, is being or is likely to be endangered,
- that the environment has been, is being or is likely to be damaged,
- that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur,
- that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or that information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed.
