Dáil Éireann Debate, Tuesday - 10 February 2026
439. Deputy Johnny Guirke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the protections available to franchisees or workers of a company (details supplied) who make protected disclosures regarding corporate governance, employment status, or misconduct. [10232/26]
Amharc ar fhreagraWorkers who are considering making a protected disclosure are encouraged, at the outset, to seek independent advice on the protections available to them. In this regard, Transparency International Ireland’s Speak Up Helpline and Legal Advice Centre provides free, independent and impartial advice to any worker who wishes to make a protected disclosure under Irish law.
The legislative framework governing protected disclosures is set out in the Protected Disclosures Act 2014, as amended by the Protected Disclosures (Amendment) Act 2022, which significantly strengthened Ireland’s whistleblowing regime and transposed the EU 'Whistleblowing Directive' 2019/1937.
The Act provides a broad definition of 'worker', encompassing employees, self-employed persons, contractors, agency workers, trainees, shareholders, members of administrative, management or supervisory bodies, and persons working under the supervision or direction of contractors or subcontractors. Where a franchisee, or a person working within a franchised operation, falls within this definition, they may avail of the protections of the Act.
The Act requires all employers with 50 or more employees to establish internal reporting channels and procedures for the making and handling of protected disclosures. These channels must ensure confidentiality, provide acknowledgement and feedback within statutory timeframes, and protect the identity of the reporting person, subject to limited exceptions provided for in law.
The Act prohibits penalisation, or the threat of penalisation, of a worker for having made a protected disclosure. Penalisation is defined broadly and includes, among other matters:
• Unfair dismissal
• Unfair treatment, such as suspension, demotion, loss of pay, change of working hours, reassignment of duties, or disciplinary action
• Coercion, intimidation, or harassment
Statutory protection from penalisation is provided primarily through the Workplace Relations Commission (WRC). The WRC may order appropriate relief, including reinstatement or re-engagement, and the payment of compensation of up to five years’ remuneration. Decisions of the WRC may be appealed to the Labour Court. Alternatively, a worker may pursue a claim for damages through the courts, where no statutory cap on compensation applies.
The 2022 amendments also established the Office of the Protected Disclosures Commissioner (OPDC), which operates as an independent, central channel for the receipt and referral of protected disclosures where it is not appropriate to report directly to an employer or a prescribed body.
In addition, statutory guidance for both public and private sector employers and workers on the operation of the protected disclosures regime is published on my Department’s website and is kept under review.
It is not appropriate for me to comment on, or intervene in, individual cases. Investigation and adjudication of disclosures and any alleged penalisation are matters for the relevant employers, statutory bodies, the WRC, the Labour Court, or the courts, as provided for in legislation.
