Protected Disclosures
What an employee needs to know
What is a protected disclosure?
The Protected Disclosures Act 2014 at section 5 defines a “protected disclosure” as a disclosure of relevant information. It then goes on to define “relevant information” :
(2) For the purposes of this Act information is “relevant information” if—
(a) in the reasonable belief of the worker, it tends to show one or more relevant wrongdoings, and
(b) it came to the attention of the worker in connection with the worker’s employment.
(3) The following matters are relevant wrongdoings for the purposes of this Act—
(a) that an offence has been, is being or is likely to be committed,
(b) 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,
(c) that a miscarriage of justice has occurred, is occurring or is likely to occur,
(d) that the health or safety of any individual has been, is being or is likely to be endangered,
(e) that the environment has been, is being or is likely to be damaged,
(f) 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,
(g) that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or
(h) 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.
This is just a summary of section 5. You should read the full act, and take appropriate professional advice before making any decision based on this information.
Who is covered?
A worker is covered. The act’s definition of a worker to include an employee or former employee, a trainee, a contractor under a contract for services,contractor, agency worker, a person on work experience, and a member of the Gardai. A volunteer is not specifically mentioned in the legislation, however, guidelines will cover disclosures by a volunteer.
How do I report a concern?
The Protected Disclosures Act 2014 sets outr a stepped disclosure system. The concerned employee is encouraged to make the disclosure to the employer as the first point of contact. It then sets out alternative options where a disclosure to an employer would be difficult or not appropriate.
a. Disclosure to an employer or other responsible person.
b. Disclosure to a prescribed person.
This is covered in statutory instrument SI 339/2014 as amended by SI 448/2015.
The prescribed persons are mainly various regulatory bodies and organisations with a responsibility to investigate disclosures of wrongdoings.
c. Disclosure to a Government Minister.
An employeee in a public body can make a disclosure to the Government Minister with responsibility for that department.
d. Legal advisor.
Any disclosure made as part of the process of obtaining legal advice fronm a solicitor,barrister,trade union, or an official of an excepted body is protected.
e. Other disclosures.
This is a more difficult type of disclosure to make. In certain circumstances, the disclosure of information to a journalist or other such media professional can be protected. You should seek legal advice before pursuing this, or any other option.
How am I protected?
The act affords a number of protections.
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Protection from being dismissed. Compensation of up to five years remuneration where an employee is dismissed as a result of making a protected disclosure.
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No penalisation. More on penalisation/victimisation here
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Immunity from damages in civil law and qualified privlige under defamation legislation.
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The ability to sue if a whistleblower or their family member experiences coercion, intimidation, harassment or discrimination at the hands of a third party
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Identity protection in most cases.
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A protected disclosure is not a criminal offense.
What should I do next?
If you believe that you have been unfairly dismissed or penalised in any way as a result of making a protected disclosure, please contact us for advice on what steps to take next. It is important that you act as soon as possible as the time limit of six months can run out very quickly.
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Zero Hours Contracts
From Zero to Nil
A zero hours employment contract is one where an employee must be available for work, but the hours of work are not detailed. It is heavily weighted in favour of the employer. It is reminicient of the old “hiring fairs” where workers turned up each day hoping to be chosen. At least at the hiring fair you were usually hired for the season. In the zero contract the worker must be available for work for a certain number of hours per week, or when required, or both.
Am I protected under the Organisation of Working Time Acts 1997 - 2012 ?
Some protection is afforded by the Organisation of Working Time Acts 1997-2012 .
A worker in a zero hours contract who is required to be available for work,and works less than 25% of their hours in any week should be compensated. The amount of payment received depends on whether they got some work or no work at all. If they got no work at all they are entitled to payment of either 25% of the possible hours or 15 hours, whichever is less. Where they have worked some hours, they are entitled to receive compensation equal to 25% of the available hours.
The Acts do not protect casual workers.
The protection does not apply to fully “zero hours” contracts. This is where there is no guaranteed number of hours and the employee is not obliged to work. This must be the case in practice. It cannot be a paper exercise.
Zero will soon mean Zero (almost !)
The Irish Government has announced plans to introduce employment legislation which will meet the challenge of precarious work, casualisation and low hour contracts. This will lead to the banning of Zero hours contracts in most circumstances.
It is proposed that where a worker is called in to work and then not given work, they will be entitled to compensation equal to three hours pay at three times the national minimum wage, or the applicable wage agreement.
It is also proposed to give workers the right to more detailed information regarding their terms of employment within five days of starting a job.
Where can I get more details ?
If you believe that your employments rights have been breached, please contact us using the blue button.
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The Part Time Employee
Protecting Employee's Rights
The rights of Part Time Workers in Ireland are protected by The Protection of Employees ( Part-time Work ) Act, 2003.
What is the definition of a Part-time employee?
A part-time employee is someone who has less working hours than a comparable full time employee carrying out the same type of work.
How does the Act protect the part-time worker?
Under the Act an employer cannot treat a Part-time less favourably than a full time comparable employee regarding any condition of employment.
What are conditions of employment ?
Conditions of Employment cover areas such as, contracts of employment, hours of work, pay, time off, health and safety, trade unions, data protection, employment rights.
What is a comparable employee?
For the purposes of the act a part time worker can be compared to a full time worker when the following conditions apply:
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Both the part time and the full time worker perform the same work under similar circumstances.
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The work performed by each employee is of the same or similar nature. Any variation in work is so minor as to not make a difference to the nature of the work.
And also
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The value of the work performed by the part time worker is of equal or greater value to the work of the full time employee.
The employer is prohibited from Penalising the worker for exerting their rights under Irish employment law.
For more on penalisation see
What type of part-time employee is covered?
The Act applies to any part-time employee who is :
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working under a contract of employment or apprenticeship
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holding office under, or in service of the State
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employed through an agency. For more on agency workers see
Guide to the Protection of Employees (Part-time Work) Act. Download here
Where can I get more information and help?
Contact us using the contact us button, for a free time limited consultation. You’ll be glad you did.
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