The Protected Disclosures (Amendment) Bill
February 15, 2022
The Government has published the Protected Disclosures (Amendment) Bill 2022, which is derived from the EU Whistleblowing Directive. This Bill enhances the existing protections of persons who disclose information covered by the current law, also referred to as whistle blowers, in Ireland.
What changes will the bill introduce:
- The scope of persons protected will be extended to include; volunteers, shareholders, board members and job applicants. Currently, the legislation relates to employees only.
- Private Sector Organisations with 50 or more employees, will have to provide formal channels for their employees to raise protected disclosures. (PD)
- Workplace Relations Commission Inspectors will be responsible for monitoring and enforcement of the Bill.
- Employers, or nominated persons, on receipt of a PD, will have to acknowledge and follow up on allegations made and to provide feedback to the reporting person on their disclosures, within three months.
- The Office of the Ombudsman will create a new office to support the handling of the new legislation.
- The Commissioner will now direct PD’s to the most appropriate body when it is unclear which body is responsible, to ensure they are dealt with appropriately.
The legislation will now be progressed through the Oireachtas before being enacted into law.
For further information or guidance on Protected Disclosures, please contact us on info@mssirl.ie or alternatively 018870690.
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What Employers Need to Know
In this blog, we explore a recent WRC ruling where a school was ordered to pay €85,000 in compensation after a teacher was discriminated against during an interview. The case highlights how even seemingly harmless remarks can have serious legal consequences for employers. What Actually Happened? Employee, Emily Williams, who had been working at the school under fixed-term contract and had two years’ experience there, was on maternity leave when a permanent teaching post arose. She was neither notified nor considered, even though she was eligible. Instead, the school awarded the role to a less-experienced colleague not on leave. During a subsequent interview for a fixed-term position, the principal congratulated Williams on the birth of her baby and added: “You really should enjoy every moment at home with the baby.” Williams felt the comment was unprofessional and likely influenced the outcome against her as she had learned she was unsuccessful the very next day. Why the WRC Ruled It Was Discrimination The WRC adjudicator found that: The principal’s comment, made before scoring was complete, was inappropriate and highlighted Williams’ family status. The school could not justify why a less-experienced teacher was chosen. Their claim that it was based on prior interview scores was unsupported, with no clear process to back it up. One interviewer even adjusted a score for Williams downward without explanation, further undermining the credibility of the decision. Given these failures, the WRC concluded that Williams had established a clear case of discrimination on grounds of family status. She was awarded €85,000 in compensation, with the adjudicator stressing the importance of deterrence in cases like this. Why This Ruling Matters for Employers This case underscores three vital lessons for HR and hiring managers. First, keep personal matters out of formal interviews. Even a well-meaning comment can suggest bias or influence the panel. The interview must remain strictly professional. Second, ensure documentation and process are watertight. Reliable scoring systems, consistent policies, and clear records are essential. Without them, hiring decisions become legally and reputationally vulnerable. Finally, fairness must be more than form, it must be function. Interviews should be blind to protected statuses such as family or maternity, and all decisions must be transparent and defensible. How MSS The HR People Can Help MSS is here to help Irish businesses avoid situations like this: Designing discrimination-safe interview processes, from structuring interview panels to defining scoring metrics Training hiring panels on unconscious bias and employment equality legislation Developing clear recruitment communication policies that avoid risks around maternity or other protected characteristics Providing support and representation if a dispute arises before the WRC Let’s ensure recruitment is fair, transparent, and free of unintended prejudice. Reach out to MSS The HR People, and we’ll help you build safe, compliant hiring practices. MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690
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