Talk to union first, whistleblowers told

Workers are being warned to talk to their union or representative body before making a disclosure under the new whistleblower legislation to ensure they are fully protected under the laws.

The Government yesterday announced the commencement of the Protected Disclosures Act, 2014, its “comprehensive” whistleblower legislation which provides a framework of protections for people who are victimised, or threatened with victimisation for revealing illegal practices in the workplace.

Employers will now be legally barred from victimising or sacking staff for making protected disclosures. However, unions warned that workers must meet proper criteria to ensure that their revelations were “protected disclosures” under the law.

Public Expenditure and Reform Minister Brendan Howlin said yesterday that whistleblowers would be protected if they had “reasonable” belief that what they were saying was right.

However, he also said there were checks and balances to protect someone’s good name.

Impact trade union pointed out that workers must meet proper criteria to ensure that their revelations were “protected disclosures” under the law.

An Impact spokesman said: “Ictu is currently drawing up a model whistleblowing policy for enterprises. The Labour Relations Commission is also drawing up guidelines.”

In announcing the new laws, Mr Howlin’s Department said it included all employees, contractors and agency workers and, crucially, members of the gardaí and defence forces.

It also said there was an absence of any “good faith or public interest” test which might otherwise act as a significant deterrent to making a protected disclosure.

“It (the legislation) is a framework to change a culture where someone who sees wrongdoing and outs it is applauded rather than vilified,” Mr Howlin told RTÉ radio. “All the scandals that have come out over recent decades, whether financial or sex abuse or child abuse, a pattern has been to circle the wagons, to cauterise the situation within and don’t let the light of external overview shine upon it. We need to change that culturally.”

Impact head of communications Bernard Harbor said: “This legislation will at last give genuine protection to workers who, in good faith, reveal illegality or suspected illegality in the workplace.”

He also pointed out that, in line with union arguments, the scope of the wrongdoing covered is much wider than just financial misdemeanours, as it includes all illegality including health and safety breaches and failure to meet laws on minimum wages and other working conditions.