EU Whistleblowing Directive in Ireland — Solicitor Guide for Employers
Every Irish employer with 50+ employees must operate an internal Protected Disclosures channel under the Protected Disclosures (Amendment) Act 2022 — Ireland’s transposition of the EU Whistleblowing Directive. As of 17 December 2023 the obligation extends to all private-sector employers with 50+ staff. Get it wrong and you face WRC claims, fines up to €250,000 for the employer, and personal liability for the relevant officer.
What the Directive actually requires
The 2022 Act establishes three concurrent disclosure channels — internal, external (to a prescribed regulator), and public. Employers don’t control the latter two, but they MUST run the first.
- A confidential reporting channel — accessible to workers, contractors, agency staff, volunteers, shareholders and applicants. Must accept written and oral reports.
- A designated impartial person to receive and follow up on reports. Cannot be the subject of the report.
- An acknowledgement to the reporter within 7 days.
- A diligent follow-up with feedback to the reporter within 3 months.
- A written policy covering all of the above, communicated to all staff.
- Records of every disclosure for at least 5 years.
Penalties for getting it wrong
Penalising a worker for making a protected disclosure can carry an award of up to 5 years’ remuneration at the WRC. Failing to maintain the channel itself is an offence — fines up to €75,000 on summary conviction or €250,000 on indictment, with personal liability for directors who consent to or connive in the offence.
The fixed-fee path to compliance
Our Protected Disclosure / Whistleblowing Pack is the off-the-shelf compliance bundle for Irish employers — solicitor-drafted policy aligned with the 2022 Act, designated-person appointment letter, disclosure register template, acknowledgement letter templates, and a 30-minute solicitor briefing for your management team.
→ See the Protected Disclosure / Whistleblowing Pack — fixed fee, solicitor-prepared