Protected Disclosures Act 2014

Protected Disclosures Act 2014

Protected Disclosures Act 2014 – Practical steps for an employer to take to ease the worry of facing potentially high profile, high cost cases under this Act.  

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Protected Disclosures Act 2014

Employers cannot afford to ignore the Protected Disclosures Act 2014 (the ‘Act’). While the redress provisions for employees who have been penalised are significant with the possibility of compensation of up to five times an employee’s pay, penalties under this Act are avoidable if employers take practical steps to manage communications regarding wrongdoing in the workplace and react appropriately to workers who make disclosures which are deemed to be protected under the Act.

An example of how a claim under the Act can arise:

  • An employee discloses a relevant wrongdoing 
  • Employer feels aggrieved and penalises the employee for having blown the whistle by dismissing them
  • Employee files for unfair dismissal 
  • An adjudicator finds that the disclosure was protected and that but for the protected disclosure, the employee would not have been dismissed 
  • An award of compensation is made (up to five years’ remuneration), reinstatement or re-engagement. Employers need to formulate steps to reduce the likelihood of claims.

Employers should ensure that no matter what information is disclosed or allegations made, that there is no link between that disclosure and any adverse treatment of workers such as demotion, transfer of duties, unfair treatment, or the threat of reprisal.

Download our PDF for further information.

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