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Make a protected disclosure (whistleblowing)
From Department of Further and Higher Education, Research, Innovation and Science
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The information below is only a brief overview of protected disclosures and how to make one. You should read the full policy and guidance document at the end of this page before making a disclosure. Neither the information below, nor the attached guidance, is legal advice. If required, you should seek legal advice from the department’s legal advisors or from the Office of the Attorney General.
A protected disclosure is a disclosure of information by a worker. The worker making the disclosure must:
- have a reasonable belief that this information shows relevant wrongdoing (see full guidance at bottom of page for explanation of relevant wrongdoing)
- discover the information in connection with their employment
- disclose the information as outlined in the guidance
The information and procedures below are for disclosures in the public interest and for connected purposes. This normally involves wrongdoing that is likely to cause harm to the department itself or to the public at large, and not personal complaints.
The following people can make a protected disclosure under the Department of Further and Higher Education, Research, Innovation and Science's guidance:
- all workers at or on behalf of the department
- contractors
- consultants
- agency staff
- trainees
- interns
- volunteers fall under the guidance, but are not protected by the Protected Disclosures Act
A worker can make a disclosure in the reasonable belief that one of these types of wrongdoing has happened:
- an offence has been, is being, or is likely to be committed
- a person has failed, is failing, or is likely to fail to comply with any legal obligation, other than an obligation under the worker’s contract of employment or other contract, where the worker agrees to do or perform personally any work or services
- a miscarriage of justice has happened, is happening, or is likely to happen
- the health or safety of any individual has been, is being, or is likely to be in danger
- the environment has been, is being, or is likely to be damaged
- an unlawful or improper use of funds or resources of a public body, or of other public money, has happened, is happening, or is likely to happen
- an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent, or amounts to gross mismanagement
- information tending to show any matter related to the above points has been, is being, or is likely to be hidden or destroyed
The department will deal with all disclosures regardless of the worker’s motivation for making the disclosure, and the worker will be protected so long as the worker reasonably believes that the information disclosed tended to show a wrongdoing.
Purely personal grievances and matters that are not covered by the guidance are dealt with under the relevant policies or procedures.
A grievance is a matter specific to the worker, and should be dealt with under the department’s HR procedures.
For more on what is not covered by the act, see part 4 of the full guidance at the end of this page.
If you're one of the people listed above, you should make a disclosure at the earliest possible time. You can make a disclosure if you reasonably believe that:
- any of the wrongdoings listed above has happened, is happening or is likely to happen
- there has been a breach of civil service policy that may be causing harm to the public or to the department
You are not required or entitled to investigate matters yourself to find proof of your suspicion, and you should not try to do so.
Before making a disclosure, you may wish to obtain advice or guidance.
The Department of Further and Higher Education, Research, Innovation and Science is a member of the 'Integrity at Work' programme, a Transparency International (TI Ireland) initiative. Independent and confidential advice for anyone considering reporting a concern or making a protected disclosure is available via TI Ireland's 'Speak Up' helpline at 1800 844 866, Monday to Friday, 10am to 6pm. Email helpline@transparency.ie , or visit speakup.ie .
Where appropriate, the helpline can refer callers to access free legal advice from the Transparency Legal Advice Centre .
You should seek legal advice before and after making a disclosure.
You should disclose the relevant information to the person named in the table below, depending on your grade:
| Your grade ('the discloser') | Person receiving disclosure ('the recipient') | |
| Below AP | AP | HEO or EO |
| Below PO | PO or PO equivalent in your area of work | If the disclosure involves the PO or PO equivalent, you can make the disclosure to the Head of Division |
| PO or PO equivalent | Head of Division in your area of work | If the disclosure involves the Head of Division, you can make the disclosure to the Secretary General |
| Head of Division | Secretary General |
You may also make a disclosure to the Head of Internal Audit if you are unable or unwilling to disclose to your line management. In this case, the Head of Internal Audit will provide information on the disclosure to the review group, who will assign an official or other person to act as the recipient.
In all cases, if appropriate, the Head of Internal Audit will be notified of the contents of the disclosure, and the outcome of any screening or investigation. Also, the Secretary General will be notified of the start of an investigation and the result.
For more information on who to make a disclosure to, see part 9 of the full guidance document at the end of this page.
The department expects that disclosures will usually be made within the department. But the act recognises that in some situations this may be inappropriate or impossible.
For more information, see Appendix B of the full guidance document at the end of this page.
There is no required format for the making of a disclosure. A disclosure can be made:
- anonymously (anonymous disclosures will be acted upon as far as possible given the constraints in getting further information on the alleged wrongdoing)
- electronically, verbally or in writing (when a disclosure is made verbally, the recipient will document it and agree the written version with the discloser)
Although you do not need to, you should preferably make a disclosure in writing. This makes sure that all the relevant information is made available at the time you make the disclosure.
A protected disclosures notification form is attached at 'Appendix F' of the guidance document at the bottom of this page.
The disclosure should be detailed enough that a person with no knowledge of the issue would understand it.
You are also advised to state that the disclosure is made under the Protected Disclosures Act and state if you do or do not expect confidentiality.
For more information on what to include in a disclosure, see Appendix A of the full guidance document at the end of this page.
The recipient that you made the disclosure to will assess the information and decide whether or not it should be treated as a potentially protected disclosure.
They will then tell you whether or not they will investigate it. If they investigate, they will tell you the result of that investigation. You can have the recipient's decisions reviewed by a review group.
For more information on the disclosure process, see Appendix A of the full guidance document at the end of this page.
See Appendices C, D and E of the guidance document at the end of this page.
The Protected Disclosures Act sets out protections and prohibits penalisation of workers who make a disclosure.
A worker could be awarded compensation of up to five years' pay if unfairly dismissed . But a worker who knowingly makes a false or misleading disclosure will not receive protections under the act.
The department will protect workers who make a disclosure from penalisation. You can be assured that we will take all reasonable steps to protect you from penalisation for making a disclosure. If you, or any worker who makes a report of wrongdoing, experience any penalisation, you should inform the Head of Human Resources.
Making a disclosure does not entitle a worker to protection from the consequences of their own wrongdoing.
For more information on these protections, see part 17 of the full guidance document at the end of this page.
Where an allegation is made against an individual (the respondent), the principles of natural justice and fair procedures will be invoked. This can include:
- a right to challenge the evidence against them
- protection of the respondent's confidentiality, while the disclosure is being investigated
- being joined by a colleague, staff representative or similar for any interviews
- being made aware of the details of any allegation against them
- the opportunity for the respondent tto put forward their case in response to the allegation
For more information on these protections, see part 18 of the full guidance document at the end of this page.
The Protected Disclosures Act 2014 allows workers to disclose information about wrongdoing in the workplace by making sure workers who speak up are protected from penalisation. The act also provides internal, external and regulatory ways to make a disclosure.
The act requires the department to have procedures for dealing with protected disclosures and to provide written information on these procedures to workers.
See the document below for the department's full policy and guidance on protected disclosures. This document should be read together with the Protected Disclosures Act 2014 .
Policy and guidance for the reporting of protected disclosures
Policy and gidance for the reporting of protected disclosures by workers in the Department of Further and Higher Education, Research, Innovation and Science, under the Protected Disclosures Act 2014
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