Protected Disclosures Act 2014

The Protected Disclosures Act 2014 aims to protect people who raise concerns about possible wrongdoing in the workplace.

The Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022, protects workers in the public, private and not-for-profit sectors if they speak up about or raise concerns relating to wrongdoing in the workplace. Workers can report wrongdoing internally to their employer or externally to a third party, such as a prescribed person.

Specifically, the key objectives of the legislation are as follows:

• To encourage workers to raise reasonable concerns regarding possible wrongdoing in the workplace so that these concerns can be addressed.
• To underpin a working environment in which the primary focus is on responding to the “message” (i.e., the report of wrongdoing) rather than on the “messenger” (i.e., the worker making the report).
• To reinforce the legal requirement that employers should not penalise a worker who makes a protected disclosure.
• To ensure that a competent and timely assessment and investigation of reports of wrongdoing takes place followed, where necessary, by an appropriate response.

A “Protected Disclosure” is defined in the legislation as a disclosure of information which, in the reasonable belief of the worker, tends to show one or more ‘relevant wrongdoings’, which come to the attention of the worker in a work-related context.

“Worker” includes employees, contractors, consultants, agency staff, former employees, temporary employees, interns/trainees, volunteers and elected members.

The following matters are relevant wrongdoings and may relate to matters that are occurring now, have happened in the past or may happen in the future:

1. that an offence has been, is being or is likely to be committed,
2. 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,
3. that a miscarriage of justice has occurred, is occurring or is likely to occur,
4. that the health or safety of any individual has been, is being or is likely to be endangered,
5. that the environment has been, is being or is likely to be damaged,
6. 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,
7. that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or
8. that a breach of specified EU law set out in the Directive has occurred, is occurring or is likely to occur, or
9. that information tending to show any [of the above] has been, is being or is likely to be concealed or destroyed or an attempt has been, is being or is likely to be made to conceal or destroy such information.

Protected Disclosures can be reported to the Council’s Prescribed Person: –

Email: protecteddisclosures@monaghancoco.ie

Telephone: 047 74730

Monaghan County Council’s Protected Disclosures Policy and Procedure is available to download here:
Form for reporting a Protected Disclosure to the Chief Executive (DOC)
Protected Disclosures Internal Reporting Policy (DOC)
Form for Reporting a Protected Disclosure Internal (DOC)

In accordance with Section 22 of the Protected Disclosures Act, Monaghan County Council must report on the number of protected disclosures made to the Council in the preceding year.

Please visit the Publications section to view Annual Reports >>