Employment Law Update: The Right To Silence In The Workplace

• Published date: 15 March 2024
• Law Firm: Ogier
• Author: Ms Bl'thnaid Evans, Marianne Norton and Susan Coyle

It has come into consideration whether an employee's constitutionally protected 'right to silence' can be implemented within the workplace. The Irish High Court in Electricity Supply Board v Sharkey [2024] IEHC 65, held that an employee has the right to silence and may refuse to comply with its employer's request for information if it occurs in conjunction with a criminal investigation.

Background

The ruling is a result of allegations that a number of Electricity Supply Board (ESB) employees received unlawful payments from developers and builders in return for favourable treatment when carrying out works, such as connecting projects to the national grid. These allegations arose when two developers claimed that ESB employees sought unlawful incentives to expedite the completion of building works. When the ESB became aware of the situation, they reported it to An Garda Síoch'na who commenced an investigation into the alleged corruption and bribery. ESB succeeded with an application of a Norwich Pharmacal Order in ESB and...