Protected Disclosures (Amendment) Act 2022 (the “Act”)
On 12 October 2022, the Minister for Public Expenditure and Reform, Michael McGrath, signed the Commencement Order for the Protected Disclosures Amendment Act. The Act will commence on 1 January 2023.
What’s in store?
The Act significantly enhances the protection of whistle-blowers and expands the definition of what is a protected disclosure. The Act creates new penalties and offences, and all employers will be impacted by the changes.
Mandatory establishment of a reporting channel to allow workers to report protected disclosures in a secure and confidential manner will apply to:
- Private sector employers with over 250 employees.
- All employers who operate in certain regulated areas, such as financial services, regardless of size.
- All public sector employers.
From 17th December 2023 the obligation to establish a reporting channel will apply to employers with more than 50 employees.
Employers required to have an internal reporting channel in place must:
- Follow up on the protected disclosure within a certain timeframe.
- Appoint an impartial designated person to review protected disclosures.
Next Steps for Employers
- Review and update policies and procedures.
- Establish reporting channel and appoint designated person if applicable.
- Update training
How can we help?
Whitney Moore can advise on all aspects of compliance with the Act. We can act as your organisation’s impartial designated person and can assist in drafting policies and procedures. Please contact us for further information
For guidance on implementation of Protected Disclosures (Amendment) Act 2022 please contact Marie Claire Scullion or Emma Richmond of our employment team