Protected Disclosures
Penalised for Speaking Up at Work?
If you reported wrongdoing in your workplace - fraud, safety risks, legal breaches, misuse of funds - the law protects you as a whistleblower. Under the Protected Disclosures Acts, your employer is prohibited from penalising you in any way for making a report, and the protection applies whether you raised it internally, to a regulator, or through other proper channels.
You may have a claim if, after making a report, you experienced any of the following:
- You were dismissed, or told your role is "at risk", after raising concerns
- You were demoted, transferred, or had your duties or hours changed against your wishes
- You were passed over for promotion, training or opportunities you would otherwise have received
- You were isolated, harassed or ostracised by management or colleagues
- You were suspended, disciplined or subjected to sudden negative performance reviews
- You were threatened with any of the above, or your identity as the person who reported was revealed
Strict time limits apply. A penalisation claim must generally be brought to the WRC within 6 months, and an application for interim relief following dismissal must be made to the Circuit Court within 21 days.
What Counts as a Protected Disclosure
The disclosure must relate to a relevant wrongdoing - a criminal offence, a breach of a legal obligation, a health and safety risk, environmental damage, misuse of public funds, or the concealment of any of these. A personal grievance about your own terms, duties or working conditions is not a protected disclosure and must be pursued through internal grievance procedures instead. We assess whether your report meets the legal threshold before anything else.
Dismissed for Whistleblowing? Interim Relief Can Freeze It
Dismissal for making a protected disclosure is automatically unfair, and there is no minimum service requirement. If you act within 21 days, we can apply to the Circuit Court for interim relief - an order that can continue your salary or preserve your employment while your WRC claim is heard. It is one of the most powerful remedies in Irish employment law, but the window to use it is short.
What You Can Claim
Compensation for penalisation can reach up to five years' remuneration - double the ceiling that applies in a standard unfair dismissal case. Since the 2022 amendments, the burden of proof is also reversed: once you show you made a disclosure and suffered a detriment, it is presumed to be penalisation unless your employer proves otherwise.
How We Help
We assess whether your disclosure qualifies for protection, document the report and the penalisation that followed, and represent you before the Workplace Relations Commission and, where necessary, the Labour Court or Circuit Court. Contact us for a confidential consultation.
Protected Disclosure Solicitors Dublin
Expert legal advice on protected disclosure claims under Irish employment law.
If you’ve reported wrongdoing in your workplace and suffered penalties as a result, our Dublin-based employment solicitors can advise you on your rights and represent you through the WRC and Labour Court process.
The Protected Disclosures Act protects workers who report relevant wrongdoing from being penalised by their employer.
Dismissal for having made a protected disclosure is automatically unfair under the Unfair Dismissals Acts, but the disclosure must meet specific legal requirements to qualify for protection.
Our Process
1. Assess Whether It Qualifies
Not every complaint is a protected disclosure. The disclosure must relate to a relevant wrongdoing — not a personal grievance. We assess whether your disclosure meets the legal threshold under Section 5 of the Act.
2. Document the Disclosure
A protected disclosure must actually reveal or make known information about wrongdoing. We ensure the disclosure is properly made and clearly identifies the nature of the wrongdoing involved.
3. Establish Penalisation
If you’ve been penalised, whether through dismissal, demotion, transfer, or other detrimental treatment, we build the case that the penalty was imposed because of the disclosure, not for other reasons.
4. Bring Your Claim
We submit your complaint to the Workplace Relations Commission and represent you through the adjudication and, if necessary, the Labour Court appeal.
Evaluate & Improvement
To benefit from the protections of the Act, the disclosure must relate to an actual wrongdoing, not simply actions the employee considers immoral or undesirable.
The information disclosed must identify, at least broadly, a legal obligation that has been breached. A personal employment grievance, relating to duties, terms, or working conditions, is not a protected disclosure and should be processed through internal grievance procedures.
Where penalisation is alleged, the employee must demonstrate that the protected disclosure was the operative cause of the detriment suffered. If the employer can provide objective justification for their actions unrelated to the disclosure, the claim will not succeed.
The courts apply a “but for” test, would the employee have suffered the detriment if the disclosure had not been made?
WHAT QUALIFIES
The disclosure must reveal information about a relevant wrongdoing. Raising a concern or refusing to carry out a task does not automatically meet the legal threshold.
PENALISATION
Dismissal, demotion, transfer, or any detrimental treatment imposed because of the disclosure. The disclosure must be the operative cause, not a coincidence.
YOUR PROTECTION
Dismissal for making a protected disclosure is automatically unfair. Factors such as timing, animosity, and less favourable treatment compared to colleagues are all considered.
Frequently Asked Questions
Assess Whether It Qualifies
- Must relate to a relevant wrongdoing, not a personal grievance
- The employee must identify a legal obligation that has been breached
- Reporting something that falls within your job duties may not qualify
- Simply refusing to carry out an instruction is not the same as making a disclosure
Document the Disclosure
- The word “disclose” means to reveal or make known
- The disclosure must contain actual information about wrongdoing
- Vague concerns without identifying specific breaches will not meet the threshold
Bring Your Claim
- Claims are brought to the Workplace Relations Commission
- Appeals are heard by the Labour Court
- Dismissal for making a protected disclosure is automatically unfair
- Expert representation is critical given the burden of proof on the employee
Gather More Information
Do You Have a Case?
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Straight answers, in three steps
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Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
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