Protected Disclosures

Information on making a protected disclosure – (Whistle-blowing)

Raising concerns about potential wrongdoing in the workplace is difficult but essential. TUS is committed to assisting workers who wish to make a protected disclosure to do so in a safe and supportive environment.

Frequently Asked Questions

What is a protected disclosure?

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.

What counts as wrongdoing?

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.

What is reasonable belief?

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.

What does not usually count as wrongdoing?

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.

Support and Information Available

The lists are not exhaustive and other examples may exist. If you need help making a protected disclosure or reporting a wrongdoing you can get free support from Transparency International Ireland. – the details of how to contact them are in the TUS policy.

Protected Disclosures Training Course

As a public body TUS must ensure, and evidence, that all staff have been provided with information about protected disclosures; when to make them, how to make them, and the safeguards in place for those making a protected disclosure.

Managers

Function managers within TUS are provided with mandatory Protected Disclosure training. This can be accessed on request from the Information and Data Compliance Office by emailing datacompliance@tus.ie.

Other TUS Staff

TUS is committed to ensuring that all staff are aware of their right to make a protected disclosure and of the TUS Protected Disclosures policy. An information session on the topic – Introduction to Protected Disclosures Policy (8 mins) is also available on request by emailing the Information and Data Compliance Office datacompliance@tus.ie

How to make a Protected Disclosure

Workers who wish to make a protected disclosure should do so by completing this anonymous form. Alternatively, you can email disclosures@tus.ie, or call 090 6468009.

TUS Annual Protected Disclosure Reports

Section 22 (5) of the Protected Disclosure Act 2014 (Revised) requires that a public body shall prepare and publish, not later than 31st March each year, a report in respect of the immediately preceding calendar year.

The TUS Protected Disclosures Policy is available at the following link. The TUS annual Protected Disclosure reports can be found here.