Protected Disclosures

A ‘protected disclosure’ is a formal term for ‘Whistleblowing’ and relates to the reporting of suspected wrongdoing in the workplace.

A person making a protected disclosure is a Reporting Person.

TUS encourages workers to make a disclosure where they reasonably believe there is wrongdoing. The TUS Protected Disclosures policy is available to download here.

The definition of Wrongdoing is broad and includes:

• Criminal offences
• Failure to comply with legal obligations
• Breaches of certain European Union law
• Endangering the health and safety of individuals
• Damaging the environment
• Miscarriage of justice
• Misuse of public funds
• Oppressive, discriminatory, grossly negligent or grossly mismanaged acts or omissions by a public body
• Concealment or destruction of information about any of the wrongdoings mentioned, or any attempt to conceal or destroy such information

Reporting Persons are protected by the Protected Disclosures Act and Amendment if they have a reasonable belief in the information they provide.

In order for something to amount to a protected disclosure, the worker must have a “reasonable belief” that it tends to show relevant wrongdoing.  The criteria by which reasonable belief is established is based on an objective requirement that “a reasonable person would have held the belief if they had the same information as the worker.

In general, the following are not considered wrongdoings:

• Workplace grievances which are exclusively personal; i.e. the behaviour that caused the grievance is not systemic – but is related solely to the person raising the grievance.  While some grievances may also be protected disclosures, an issue that solely relates to a personal employment grievance, and only affects an individual, is not considered a protected disclosure.
• Disputes with your employer about your contract
• Information disclosed under legal privilege
• If it is your job to detect, investigate or prosecute any wrongdoing and if the wrongdoing reported relates to a person other than the employer. For example, an auditor raising concerns about the matters they are auditing.