Query:
“Are there acceptable grounds for an appeal to be lodged by a discloser if they are unhappy with the outcome of an assessment or investigation into a protected disclosure?”
Response:
The Protected Disclosures Act (PDA) does not provide information relating to appeals. However, statutory guidance for public bodies recommends establishing a system of review. Private sector employers should follow this guidance as best practice.
A request for review made by the reporting person should be allowed in respect of the outcome of any assessment or investigation of their protected disclosure. The review should be undertaken by a person who has not been involved in the initial assessment, investigation or decision.
The review process would not ordinarily offer entitlement to two reviews in respect of the same issue. However, it is worth noting that a reporting person who is dissatisfied with the final response is more likely to escalate their concerns externally, such as to a Prescribed Person or the media. Therefore, offering a further appeal/review mechanism to be undertaken by a nominated third-party may be helpful.
A review should also be offered of any decision made to disclose the identity of the discloser, as well as the outcome of any assessment/investigation in respect of any complaint of penalisation.
It will be helpful to properly explore the reasons why the reporting person is still dissatisfied, and mediation may be valuable to find a solution to any underlying frustration with the management of their case or other issues that might not be directly related to the concern itself.
TI Ireland provides a ‘Case Process Review’ service (CPRS) to Speak Up Helpline clients. Where a worker in an IAW member organisation is unhappy with the way in which their protected disclosure has been dealt with by their employer and/or they believe they have suffered a detriment arising from making a protected disclosure, they can ask TI Ireland to review their case with a view to helping improve their employer’s protected disclosure and related systems. The CPRS does not adjudicate on the merits of the employer’s decision, however, the service offers the reporting person an opportunity to provide feedback and inform continual service improvement. It may therefore be helpful to signpost reporting persons to the Speak Up Helpline to access this service.
Public bodies can avail of the Office of Government Procurement Framework for the Provision of Services related to the receipt and investigation of protected disclosures.
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 10.4 for information on establishing a system of review)
- Office of Government Procurement Framework for Protected Disclosures Services
- 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