FAQs for Employers

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What are the requirements to have a scheme in place to raise concerns?

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.

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How will the soon to be enacted Protected Disclosure Act 2014 impact whistleblowers and whistleblowing schemes?

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.

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What protections are offered under the Protected Disclosures Act 2014?

To view the Raiseaconcern.com Easy Guide to the Protected Disclosures Act 2014, click here

To view the Act itself click here

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What is Raiseaconcern.com™?

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.

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What services do Raiseaconcern.com provide to employers?

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

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How are Raiseaconcern.com™ remunerated for their service?

Raiseaconcern.com is a commercial Organisation which receives annual remuneration from employers and public bodies who contract its services.

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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?

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.

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Can the services of Raiseaconcern.com™ be used by the employees of registered employers only?

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

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If my organisation is registered with Raiseaconcern.com, what benefits will it enjoy?

For full details of the benefits of our services, click here.

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Is it possible for employers to deal with the requirements of the Protected Disclosures Act 2014 themselves?

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:

  • The accountability of Boards for immediate implementation and compliance following enactment of the legislation
  • The expertise and experience required to develop and run a whistleblowing scheme effectively
  • Management distraction
  • The cost of dedicated resources
  • The cost of bespoke legal and specialist advisers
  • Competing business requirements for IT resources and the cost thereof
  • Multiple advisers and service providers
  • Scheme ineffectiveness where employee whistleblowers must disclose their identity to their employer.

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Why will employees need the service of Raiseaconcern.com™ following the enactment of the Protected Disclosures Act 2014 and how will they benefit?

  • Employees value an employer that promotes an open and transparent workplace, protects and rewards employees who do the right thing and penalises those engaged in wrongdoing.
  • Despite a historic ‘stigma’, employees are now much more likely to blow the whistle on wrongdoing, provided they feel it is safe to do so.
  • Employees will value a mechanism to enable them to raise a concern safely, with a trusted intermediary, without revealing their identity.
  • Employees are more likely to be drawn to web based solutions that they can use in a considered manner outside their workplace (an alternative of surface mail will be provided to those who wish to avail of it).
  • By raising their concern on a secure external website, the fear of employees that their web access on an in-company intranet website could be monitored will be removed.

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What Distinctive Competence does Raiseaconcern.com™ offer?

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.

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What Competitive Advantage will Raiseaconcern.com™ offer Employers and Public Bodies?

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 :

  • An opportunity for early rectification of problems
  • An internal rather than an external process to raise concerns – reducing the risk of leaks to the press or others
  • Avoiding adverse publicity, reputational damage and the financial cost of ongoing wrongdoing
  • Avoiding regulatory intervention
  • Reducing litigation and compensation payouts resulting in lower insurance premiums
  • Reducing the cost and disruption of lengthy investigations
  • Protecting customers, staff, shareholders and the public
  • Creating a positive sense of management support
  • Creating a healthy culture of openness and honesty in the workplace
  • Building staff trust, confidence and loyalty
  • Improving staff morale and reducing staff turnover
  • Increasing efficiency and staff productivity
  • Deterring wrongdoing, facilitating responsible action and building a culture of doing the right thing
  • Increasing investor confidence by demonstration of good governance and a well run organisation
  • Helping Senior Management and Boards meet their personal compliance and governance accountabilities

 

This project has been supported by Kildare Local Enterprise Office which is co-funded by the Irish Government and the European Union under Ireland's EU Structural Funds Programmes 2007 - 2013.