New Irish Whistleblowing Rules: What You Need To Know

• Published date: 21 September 2022
• Subject Matter: Employment and HR, Health & Safety, Whistleblowing
• Law Firm: lus Laboris
• Author: Ms Siobhra Rush (Lewis Silkin Ireland ) and Laura Ensor (Lewis Silkin Ireland)

The rules that protect whistleblowers in Ireland have been adapted to implement the EU Whistleblowing Directive in full. What has changed?

Background

In 2014, the Protected Disclosures Act 2014 (the 2014 Act) was introduced to protect whistleblowers from dismissal or penalisation. In 2019, the EU Whistleblower Directive was published (see here for detail on its implementation status across the EU).

The Protected Disclosures (Amendment) Act (the 2022 Act), which was recently signed into law, introduces the changes needed to align Irish law with the Directive. It is not yet in effect but the final steps to implement it are expected now that the Irish parliament, the D'il, has resumed sitting after the summer recess. This article outlines in brief some of the key changes; for a full guide to the new rules, see here.

Who is protected?

The 2022 Act extends protection beyond the previously covered categories of employees, consultants, contractors, agency workers and individuals on work experience. It now also covers shareholders, volunteers, members of the administrative, management or supervisory body of an undertaking (e.g., non-executive directors) and applicants for employment.

What is a 'protected disclosure'?

The 2014 Act included a long list of matters about which a whistleblower could make a report and receive protection ('protected disclosure'). These include suspicion of a criminal offence, a miscarriage of justice, risk to health and safety, damage to the environment and financial misconduct in a public body, among others.

The 2022 Act makes reporting on potential breaches of EU law a protected disclosure, including (but not limited to) public procurement, financial services, prevention of money laundering and terrorist financing, product safety and compliance, consumer protection, protection of privacy and personal data. It also includes acts or omissions affecting the EU's financial interests and the internal market.

Could a report about an employee's individual circumstances be covered?

There is no need for a public interest element, and the recent Supreme Court decision in Baranya v Rosaderra Irish Meats Group Limited widened the door for employee grievances to be considered protected disclosures in certain circumstances (the case held that complaints about the employee's own health or safety could be a protected disclosure).

However, the 2022 Act excludes grievances about interpersonal conflicts and complaints to, or about, an employee's...