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Employer Alert: Employers Have Until 1 January 2023 To Comply With The Protected Disclosures (Amendment) Act 2022 – Employee Rights/ Labour Relations


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The Minister for Public Expenditure and Reform, Michael McGrath,
TD, has signed the commencement order for the Protected Disclosures (Amendment) Act 2022. The
order sets 1 January 2023 as the date upon which the Act will
commence in its entirety

Upon commencement, all private sector organisations with 250 or
more employees are required to establish formal reporting channels
and procedures for workers to make protected disclosures. The
threshold does not apply to employers who are public bodies or who
fall within the scope of the certain European Union legislation,
including in relation to financial services, products, markets,
prevention of money-laundering and terrorist financing, transport
safety, and protection of the environment. Such employers,
regardless of size, must also comply with the obligations contained
in the Act from 1 January 2023.

The new Office of the Protected Disclosures Commissioner will
also commence operations on 1 January 2023. The Ombudsman and
Information Commissioner, Ger Deering, will be the first Protected
Disclosures Commissioner. In setting the commencement date of 1
January 2023, the Minister has said he is giving employers and the
new Commissioner sufficient time to make the necessary arrangements
to ensure compliance with the Act.

Employers should review existing protected disclosures policies
to ensure they are fully up to date and in compliance with the new

Failure to comply with certain obligations contained in the Act
are designated as offences which attract significant penalties. For
further information on the Act, see our detailed briefing here.

This article contains a general summary of developments and
is not a complete or definitive statement of the law. Specific
legal advice should be obtained where appropriate.

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