Protected Disclosures (Whistleblowing) Policy

Where a report is made to a member of staff who is not the Designated Person*, the member of staff who received the report is the recipient of the report; such a member of staff should promptly and confidentially and without modification transmit the report to the Designated Person*, and should not otherwise than in accordance with the Act further disclose any information in the report or information that might identify the reporting person, persons concerned or third parties.

*The Dedicated Person will normally be the Secretary to the College, Victoria Butler.

The dedicated email address should be used to transmit the report: protected.disclosures@tcd.ie

or postal address in a sealed envelope marked "Strictly Private and Confidential – Addressee only’ and ‘Protected Disclosure Channel’ to the following postal address: Secretary to the College (Designated Person), West Chapel, Trinity College, Dublin 2. 

In certain limited circumstances it may not be appropriate to submit a report to the Secretary to the College, for example if there is a conflict of interest, and should such a circumstance arise, a report can be submitted to the Internal Auditor, Fiona McAuliffe, in hard copy format, by post, in a sealed envelope clearly marked ‘Strictly Private and Confidential – Addressee only’ and ‘Protected Disclosure Channel’ to the ‘Internal Auditor (Designated Person), West Chapel, Trinity College, Dublin 2’.

Further Information

• See section 5 Definitions of the Protected Disclosures (Whistleblowing) Policy, under the definition of “The recipient of a report”.
• See also section 6.1 Making an Internal Disclosure to Trinity’s Internal Reporting Channel.

A protected disclosure means a disclosure of “relevant information” made by a “worker” in the manner specified in the Protected Disclosures Act 2014 (as amended). Information is “relevant information” if in the “reasonable belief” of the worker it tends to show one or more “relevant wrongdoings” and it came to the attention of the Reporting Person in a “work-related context”.

The Protected Disclosures Act 2014 protects workers from retaliation if they speak up about wrongdoing in the workplace. Persons who make protected disclosures (sometimes referred to as “whistleblowers”) are protected by this law. They should not be treated unfairly or lose their job because they have made a protected disclosure.

Further Information

• See Protected Disclosures (Whistleblowing Policy), section 5 Definitions for further information, including definitions of “protected disclosure”, “relevant information”, “worker”, “reasonable belief” and “relevant wrongdoings”.
• See also section 9 Related Documents of the Protected Disclosures (Whistleblowing) Policy, under the headings “Relevant Legislation” and “Relevant Guidance Documentation” for further information.

Examples of wrongdoings that could be disclosed as a protected disclosure include:

• Criminal offences
• Failure to comply with a legal obligation (other than a worker’s contract of employment)
• Miscarriage of justice
• Endangerment of health and safety
• Damage to the environment
• Unlawful or improper use of public funds
• Oppressive, discriminatory or negligent behaviour by the University
• Breaches of EU law
• Concealing or destroying evidence of wrongdoing.

Further Information

• The full list of “relevant wrongdoings” for the purpose of the Act is set out in section 5 “Definitions” of the Protected Disclosures (Whistleblowing) Policy.

Individuals who wish to make a protected disclosure report must meet the statutory definition of a “worker” which is set out under section 3 “Scope” in the Protected Disclosures (Whistleblowing) Policy. 

In the context of Trinity, examples of workers include:

• Employees,
• Former employees,
• Consultants,
• Contractors (including contractors engaging in pre-contractual negotiations),
• Trainees,
• Persons on work experience,
• Interns,
• Part-time, full-time and casual workers,
• Agency workers,
• Members of the Board including non-executive members,
• Job candidates (involved in a recruitment process ) and
• Current or former volunteers.

The worker must have acquired the information on relevant wrongdoings in a work-related context.

The changes that have been introduced to the Protected Disclosures Act 2014 empower workers to speak up about relevant wrongdoings without fear of reprisal from their employer or a third party. The policy is aligned with these changes and sets out clearly what protections are available and makes it clear that Trinity will manage the reporting of disclosures in a proper manner. It states clearly in the policy that Trinity “is committed to creating a workplace culture where workers are encouraged to speak up if they reasonably believe they have concerns about relevant wrongdoings happening at work. It is also committed to protecting the identity of workers who report those concerns and to protecting them from penalisation for having reported those concerns.”

The Protected Disclosures Act 2014 (as amended) protects workers from retaliation if they speak up about wrongdoing in the workplace. Persons who make protected disclosures (sometimes referred to as “whistleblowers”) are protected by this law. They should not be treated unfairly or lose their job because they have made a protected disclosure.

A matter concerning interpersonal grievances exclusively affecting a Reporting Person, namely grievances about interpersonal conflicts between the Reporting Person and another worker, or a complaint by the Reporting Person to the employer or about the employer which concerns the worker exclusively, is not a relevant wrongdoing for the purposes of the Act. The procedures under this policy are not intended to act as a substitute for normal day-to-day operational reporting or other internal employment procedures. Interpersonal grievances generally would fall to be dealt with under Trinity’s internal relevant Grievance Procedure, or Trinity’s Dignity and Respect Policy.

The Protected Disclosures Act 2014 (as amended) empowers workers to speak up about relevant wrongdoings without fear of reprisal from their employer or a third party.

People who raise concerns about possible wrongdoing in the workplace are protected by the Protected Disclosures Act 2014. It was updated by the Protected Disclosures (Amendment) Act 2022. The 2022 Act also transposes the EU Whistleblowing Directive (Directive (EU) 2019/1937) into Irish law.

Further Information

• Further information about the Protected Disclosures Act 2014 (as amended) is available at https://www.gov.ie/en/publication/e20b61-protected-disclosures-act-guidance-for-public-bodies/

The Protected Disclosures (Whistleblowing) Policy sets out the principles and procedures for making a disclosure of “relevant information” and is in place to encourage workers to come forward and raise an issue internally and to provide reassurance that the disclosure will be dealt with by Trinity in an appropriate manner. “Relevant information” is information which came to the attention of the worker in a work-related context and which in the reasonable belief of the worker tends to show one or more relevant wrongdoings.

You should read the Protected Disclosures (Whistleblowing) Policy in full before making a protected disclosure.

Under the Protected Disclosures Act 2014 (as amended), penalisation means any direct or indirect act or omission which occurs in a work-related context, is prompted by the making of a protected disclosures report and causes or may cause unjustified detriment to a worker, and, in particular, includes:

(a) suspension, lay-off or dismissal,

(b) demotion, loss of opportunity for promotion or withholding of promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(d) the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty),

(e) coercion, intimidation, harassment or ostracism,

(f) discrimination, disadvantage or unfair treatment,

(g) injury, damage or loss,

(h) threat of reprisal,

(i) withholding of training,

(j) a negative performance assessment or employment reference,

(k) failure to convert a temporary employment contract into a permanent one, where the worker had a legitimate expectation that he or she would be offered permanent employment,

(l) failure to renew or early termination of a temporary employment contract,

(m) harm, including to the worker’s reputation, particularly in social media, or financial loss, including loss of business and loss of income,

(n) blacklisting on the basis of a sector or industry-wide informal or formal agreement, which may entail that the person will not, in the future, find employment in the sector or industry,

(o) early termination or cancellation of a contract for goods or services,

(p) cancellation of a licence or permit, and

(q) psychiatric or medical referrals.

Further Information

• See section 6.4 “Protection against Penalisation” in the Protected Disclosures (Whistleblowing) Policy for further information.

If you are considering making a report you may wish to seek advice or support. See below and Appendix 2 of the Protected Disclosures (Whistleblowing) Policy for further information.

Internal Support

i. For information on how to make a report under the Act, you should contact the Secretary to the College (see https://www.tcd.ie/secretary/people/) or the Internal Auditor (see https://www.tcd.ie/internalaudit/people/).

ii. Employee Assistance Programme (EAP)

Inspire Workplaces Counselling Services provide the University's EAP service. This confidential service provides support, advice and information on a wide range of emotional, personal or work related issues. See https://www.tcd.ie/hr/staff-wellbeing/employee-assistance.php for further details.

External Support

i. Transparency International Ireland

Transparency International Ireland (TII) operates a free Speak-Up Helpline that offers support and advice (including legal advice) for Reporting Persons who have reported or plan to report wrongdoing. Further information and contact details can be obtained from TII’s website:

https://transparency.ie/helpline

ii. Trade Unions

For Reporting Persons who are members of a trade union, many unions offer free legal advice services on employment-related matters, including protected disclosures.

Disclosures to Trinity’s internal reporting channel must be made in writing and submitted to the Designated Person at the secure dedicated email address or postal address below.

The Designated Person will normally be the Secretary to the College.

Submit the written report by either of the following means:

1. By email

Submit the written report by email to the following dedicated email address: protected.disclosures@tcd.ie

or

2. By Post

Submit the written report in a sealed envelope marked ‘Strictly Private and Confidential – Addressee only’ and ‘Protected Disclosure Channel’ to the following postal address: Secretary to the College (Designated Person), West Chapel, Trinity College, Dublin 2. 

In certain limited circumstances it may not be appropriate to submit a report to the Secretary to the College, for example if there is a conflict of interest, and should such a circumstance arise, a report can be submitted to the Internal Auditor in hard copy format, by post, in a sealed envelope clearly marked ‘Strictly Private and Confidential – Addressee only’ and ‘Protected Disclosure Channel’ to the ‘Internal Auditor (Designated Person), West Chapel, Trinity College, Dublin 2’. 

Further Information

• See section 6.1.1 “Internal Reporting Channel for the Reporting Person” in the Protected Disclosures (Whistleblowing) Policy for further information.

As Reporting Person you should be able to support your concern with factual information.  Reports setting out concerns should be framed in terms of factual information that has come to your attention in a work-related context which you reasonably believe tends to show one or more relevant wrongdoings. The disclosure should include specific details, as follows:

1. That you are making a disclosure within the meaning of the Protected Disclosures Act 2014 (as amended);
2. Your name, position, and confidential contact details;
3. What has allegedly occurred;
4. When and where it allegedly occurred;
5. The name of the person(s) allegedly involved in the alleged wrongdoing (if any name is known and the Reporting Person considers the naming of the person necessary to expose the wrongdoing disclosed);
6. Whether the alleged wrongdoing is still ongoing;
7. Whether it is alleged that the University has been put at risk or suffered a loss, such as a financial or reputational loss;
8. Whether the alleged wrongdoing happened previously;
9. Whether the disclosure has been raised with anyone else either within the University or externally - if so, details of when/whom;
10. Whether there are any other witnesses;
11. Whether there is any supporting information or documentation;
12. How the matter came to light;
13. Any other relevant information.

Any person submitting a disclosure will be required to maintain confidentiality. This will require keeping the reporting, assessment and investigation process confidential.

The identity of the Reporting Person will be protected in accordance with the Act.

Further Information

• See section 6.3 of the Policy for the protections that apply to the Reporting Person’s identity and the specific circumstances that permit the identity of the Reporting Person to be disclosed.

Once a disclosure has been made in accordance with the Act, it is not possible for a Reporting Person to withdraw the disclosure. Where co-operation is withdrawn or the Reporting Person seeks to withdraw a disclosure, the University is still required to comply with the provisions of the Act, to the greatest extent possible.

Further Information

• See section 6.1.1 Internal Reporting Channel for the Reporting Person of the Protected Disclosures (Whistleblowing) Policy.

After you make a protected disclosure through Trinity’s internal reporting channel, you should expect:

• Acknowledgement of receipt of your report within 7 calendar days;
• Diligent follow-up by the Designated Person;
• Feedback on actions taken or planned to be taken after 3 months; and
• Further feedback every 3 months, if requested in writing.

Further Information

• See section 6.1 Making an Internal Disclosure to Trinity’s Internal Reporting Channel of the Protected Disclosures (Whistleblowing) Policy for further information.

You can request a review and your request must be made in writing. As Reporting Person you may seek a review of a decision following assessment to close the procedure or refer the matter to another procedure. You may also seek a review of a decision to disclose your identity (except in exceptional cases where an exception under the Act applies). The Reporting Person or any affected party, may seek a review of a decision or process in relation to the following:

• The conduct or outcome of any follow-up actions (including any investigation) undertaken in respect of the disclosure; and/or
• The conduct or outcome of any investigation into a complaint of penalisation.

The written request for a review must set out the reason(s) why a review is sought and the request should be based on objectively reasonable grounds. The written request for a review must be sent to the Designated Person who is dealing with the report and undertaking the diligent follow-up on the report, within 10 calendar days from the date of occurrence of the matter in respect of which a review is sought.  

Only one review about the same issue will be undertaken and no further reviews will be facilitated. The outcome of the review is final.

The Reporting Person or affected person will be advised of the outcome of the review in writing as soon as practicable.

Further Information

• See section 6.1.7 Review of the Protected Disclosures (Whistleblowing) Policy for further information.

Any act of penalisation that causes detriment to a Reporting Person is prohibited.

Penalisation includes dismissal and also any other form of unfair treatment, such as suspension, reduction in wages or hours, demotion and transfer of duties as well as intimidation and harassment.

Penalising a reporting person is a criminal offence.

Reporting persons who suffer detriment can seek compensation at the Workplace Relations Commission or the courts.

Reporting Persons are protected from any civil or criminal liability for reporting confidential information, provided it is done so in accordance with the law.

Non-disclosure agreements cannot be used to prevent a person reporting a wrongdoing.

Employers and regulators must keep the identity of the Reporting Person confidential.

Source: Protected Disclosures Act: Key messages for workers, Department of Public Expenditure, NDP Delivery and Reform

The Act provides that a Reporting Person can make a disclosure to persons other than their employer in certain circumstances. The aim of the policy is to provide a means by which workers can safely and securely raise concerns about relevant wrongdoing and to give certainty that all such concerns will be dealt with appropriately, and workers are encouraged to report concerns internally in the first instance. It is important to note that if a worker is considering making a disclosure externally, that higher standards apply and the Act requires that extra conditions must be met.

Further Information

• Important information about making reports outside of the University and the extra conditions that must be met is set out in Appendix 1 of the Protected Disclosures (Whistleblowing) Policy.

In the Foreword to the “Protected Disclosures Act: Statutory guidance for public bodies and prescribed persons, November 2023” it states that “We all benefit when workers speak up about wrongdoing in the workplace. Many important matters of public interest would never have come to light were it not for ordinary working people speaking up for the common good, regardless of the personal risk. There is an inherent link between whistleblowing and freedom of expression, one of the fundamental cornerstones of democracy.”

Trinity College Dublin is committed to creating a workplace culture where workers are encouraged to speak up if they reasonably believe they have concerns about relevant wrongdoings happening at work. It is also committed to protecting the identity of workers who report those concerns and to protecting them from penalisation for having reported those concerns.

The Protected Disclosures (Whistleblowing) Policy sets out the principles and procedures for making a disclosure of “relevant information” and is in place to encourage workers to come forward and raise an issue internally and to provide reassurance that the disclosure will be dealt with by the University in an appropriate manner.