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What are the requirements to have a scheme in place to raise concerns? How will the Protected Disclosures Act 2014 impact whistleblowers and whistleblowing schemes? What protections are offered under the Protected Disclosures Act 2014? What is Raiseaconcern.com? What services do Raiseaconcern.com provide to employers? How are Raiseaconcern.com remunerated for their service? As a consequence of receiving remuneration from employers are Raiseaconcern.com not seen by employees as an organisation that represents the interests of Employers only? Can the services of Raiseaconcern.com be used by the employees of registered employers only? If my organisation is registered with Raiseaconcern.com, what benefits will it enjoy? Is it possible for employers to deal with the requirements of the Protected Disclosures Act 2014 themselves? Why will employees need the service of Raiseaconcern.com following enactment of the Protected Disclosures Act 2014 and how will they benefit? What Distinctive Competence does Raiseaconcern.com offer? What Competitive Advantage will Raiseaconcern.com offer Employers and Public Bodies?
There is no explicit specific statutory requirement for employer Organisations to have a whistleblowing scheme in place.
However, under Section 21 of the Protected Disclosures Act 2014, every public body is required to establish and maintain procedures for dealing with protected disclosures made by workers who are, or were employed by the public body. The public body is required to provide workers employed by the body with written information relating to the procedures established and maintained.
Also, under Section C3.5 of the Corporate Governance Code issued by the Financial Reporting Council and applicable to public companies that are listed on the Irish or UK Stock Exchanges, such companies are required to have arrangements in place for whistleblowing or explain why they do not.
There is a general expectation that Organisations will put schemes in place to ensure they conform with the provisions of the Protected Disclosures Act 2014 and, for companies, as part of their system of internal controls to ensure good corporate governance. Regulators and courts will typically look to the existence or efficacy of a whistle-blowing scheme as part of a risk management structure when assessing if an offence has been committed or the level of sanction to be administered when wrongdoing or breach of statute is identified.
There are potentially significant employer benefits and employee benefits to having a whistleblowing scheme in place.
The Protected Disclosures Act 2014 introduces new protections for whistleblowers. This is to be welcomed.
There is no doubt that the legislation brings a whole new focus on whistleblowing in Ireland. It will place significant new responsibilities on Boards and Senior Management of employers and on public bodies.
Those who have whistleblowing schemes in place will need to review and update them and to ensure they are actually working – otherwise they could be penalised if they are found not to be protecting whistleblowers. Those who do not have schemes in place will need to put them in place quickly, as this is the only practical way to achieve compliance. This will include all employers, not just public companies (PLCs), as well as public bodies.
The real question will be if this results in an increase in employees blowing the whistle on wrongdoing? Our view is that, similar to other countries that have had such legislative protections in place for some time, the ongoing impact, after the dust settles, may be restricted if whistleblowers are forced to reveal their identity. Why? – Because many employees will still not relish the prospect of their employer, whether private or public service, knowing that they blew the whistle. They will be afraid that others may find out and they will not risk being victimised or labelled, despite the new protections.
This is why Raiseaconcern.com provides the service of becoming an authorised agent of employers and public bodies. In doing so we protect the identity of employees thereby addressing their understandable fears and ensuring the legislation works at a practical level.
To view the Raiseaconcern.com Easy Guide to the Protected Disclosures Act 2014, click here
To view the Act itself click here
Raiseaconcern.com is a new Irish company that sets up and manages whistleblowing schemes for employers. We are specialists in our field, providing a full range of services – this is what we do exclusively.
The new Protected Disclosures Act 2014 will require employers to protect employees who raise concerns about workplace wrongdoing. We have invested heavily in process design, systems development and security to deliver a trustworthy secure service to employers and their employees.
Our Managing Director, Philip Brennan has many years experience in this field. Our staff are carefully vetted and highly trained.
Our project has been supported by Kildare County Enterprise Board which is co-funded by the Irish Government and the European Union under Ireland's EU Structural Funds Programmes 2007-2013.
For further details on Raiseaconcern.com view About Us.
Raiseaconcern.com provides a comprehensive range of services to employers and public bodies. We set up and operate whistleblowing schemes. For the full range of services provided as part of our standard package, click here
Raiseaconcern.com also operates a range of bespoke enhanced services. For the full range of such services, click here
Raiseaconcern.com is a commercial Organisation which receives annual remuneration from employers and public bodies who contract its services.
The key objective of Raiseaconcern.com is to facilitate raising concerns about wrongdoing in a manner that does not disclose the employee's identity to the employer. In doing this we have responsibilities to both employers and employees. We are a trusted independent intermediary between both parties who help make the process work better.
Our Vision and Mission Statements set out how we strive to achieve this.
The service can be used by employees, at all levels, of Organisations registered with Raiseaconcern.com, irrespective of the nature or duration of their employment contract. It can also be used by agency staff members, personal contractors or a trainee/person on work placement with such registered companies.
References to employee throughout this website should be taken to include such workers.
The services of Raiseaconcern.com cannot be used to raise concerns by employees of Organisations who are not registered with us
For full details of the benefits of our services, click here.
It is certainly possible, with the aid of legal and professional assistance, for employers to address the legislative and operational requirements in-house. However, this will present significant challenges:
Proprietor Experience
The Proprietor of Raiseaconcern.com is Philip Brennan. Philip is well known and widely respected in the field of regulation, compliance and business ethics in Ireland. See Philip's profile.
Protection of Identity for Whistleblowers
Raiseaconcern.com is currently the only Organisation offering a service that provides employees with a facility for raising concerns about wrongdoing that does not disclose their identity to their employers but will protect them in the event that they suffer adversely on suspicion that they have done so. In many cases, this will give the whistleblower the effective benefits of anonymity while retaining the protections of legislation. But it will equally enable client companies and public bodies to reap the positive benefits of an effective whistleblowing scheme.
Staff will be more likely to consider it safe to speak up to a trusted professional third party who, although retained by their employer, provides them with information and guidance and protects their identity rather than deal with in-house administered schemes. This will both increase job satisfaction and improve scheme efficiency and benefits.
Specialisation
Raiseaconcern.com is the only Irish company that offers a complete end-to-end range of services exclusively focused on whistleblowing.
Outsourcing
Raiseaconcern.com presents the opportunity to outsource implementation of necessary policies and processes following the enactment of the Protected Disclosures Act 2014, whether putting in place a new whistleblowing scheme or upgrading an existing one. We provide a one stop shop for advice, experience, scheme set up or review, policy and procedure drafting, governance and management, IT facilitation, assistance with embedding and user training and ongoing MI on performance.
As an outsource service provider, our systems and processes can be inspected by our clients or their advisers.
Improving Corporate Governance
Raiseaconcern.com provides Board Members and Senior Management with comfort that their personal accountabilities and those of their Organisation are being discharged promptly and properly from a corporate governance perspective. This will enhance Board profile, as overseeing a well governed company prevents value destruction caused by wrongdoing, and increases employee satisfaction.
Price Competitiveness
Raiseaconcern.com offers very competitive pricing by comparison with the cost of 'self administered' schemes and there are no set-up costs. Client Organisations benefit from our investment in systems and technology and from our experience.
General advantages of having a well run Whistleblowing Scheme.
Raiseaconcern.com will bring you a whistleblowing scheme that works. Having a process that encourages employees to raise concerns about workplace wrongdoing brings many other benefits to employers and employees and makes sound business. These include :