Employer Alert: Upcoming 17 December Deadline for Extension of Protected Disclosures Obligations
The Protected Disclosures (Amendment) Act 2022 (the “Act”) came into effect from 1 January 2023. The Act transposed the EU Whistleblowing Directive and significantly enhanced protections for whistleblowers in Ireland.
Upon commencement of the Act, all private sector organisations with 250 or more employees were required to establish formal reporting channels and procedures for workers to make protected disclosures. The threshold did not apply to employers who were public bodies or who fell within the scope of the certain European Union legislation, including in relation to financial services, products, markets, prevention of money-laundering and terrorist financing, transport safety, and protection of the environment. Such employers, regardless of size, had to comply with the obligations contained in the Act from 1 January 2023.
From 17 December 2023, the obligations under the Act will apply to organisations with between 50 and 249 employees. The Minister may, by way of an order, extend the application of the Act to classes of employees with less than 50 employees, but has not yet done so.
Our detailed briefing on employers’ obligations under the Act, is available here. Employers whose obligations under the Act take effect from 17 December 2023 are advised to review existing protected disclosures policies to ensure they are fully up to date and in compliance with the Act.
For more information on an organisation’s obligations under the Act, please contact a member of the Employment Group.
The content of this article is provided for information purposes only and is not legal or other advice.