Query:
“We are an organisation that provides services operated by external contractors. What protection can our organisation provide to workers employed by contractors who make protected disclosures to us directly, instead of to their employer?”
Response:
Under the Protected Disclosures Act 2014(PDA), contractors (on a contract for service) are included under the definition of ‘worker’ and are entitled to the protections provided by the Act from their employer i.e., protection from penalisation, protection of identity etc.
However, contractors would be protected under PDA if they report directly to you, where they reasonably believe that the wrongdoing relates to your conduct, or is something which you have legal responsibility for.
Statutory guidance for public bodies and prescribed persons advises that public bodies should consider whether individuals who are not employees under the act – such as contractors and their employees – should be able to report directly via internal reporting channels. Private sector bodies should follow this guidance as best practice.
It is therefore recommended that the contracting authorities’ procedures extend to contractors and independent contractors. The practical measures that can be put in place to protect a contractor who has made a protected disclosure may be limited where they are not your employee. However, your policy and procedures should make it clear that any penalisation or detriment caused to the contractor (or subcontractors) will not be tolerated and may lead to disciplinary action against employees. This should be communicated to contractors. In addition, contractors, subcontractors and their staff should be encouraged to report concerns of wrongdoing to the designated recipient, where those concerns relate to conduct of your organisation and its staff, and information on the support and guidance available from the Speak Up Helpline should be provided to the contractor, subcontractor/s and their staff.
We would suggest that as part of any due diligence on contractors, that your organisation assure itself that the contractor has an up-to-date protected disclosures policy and procedure in place and that it allows for protected disclosures to be made to the contracting authority where appropriate.
Originally published 25 November 2024. This helpdesk answer is for general information only. It is not legal advice and should not be relied upon as such. We strongly recommend that those dealing with protected disclosures should obtain legal advice if they are in any doubt about a specific course of action.
Helpful Resources
- The Protected Disclosures Act
- Statutory Guidance for public bodies and prescribed persons (see section 8.3 for information on disclosure protection to other responsible persons and extending procedures to contractors)
- TI Ireland Speak Up Safely Guide
Additional links and resources may be added as they become available. If you think we’ve missed anything, please contact support@transparency.ie