Raising a concern maliciously

Unfortunately, there can be cases where employees, for whatever reason, abuse the system for raising concerns. Thankfully, these are very limited and we explain here the consequences of such inappropriate action.

Where an employee raises a concern knowing that the disclosure is false or misleading, then the safeguards offered by your employer’s Whistleblowing Policy or of legislation will typically not apply.

This may arise where an employee raising an issue is influenced by some personal or private motivation rather than the prevention of wrongdoing and the employee invents or distorts the facts when raising a concern.

If an employee makes a malicious or vexatious allegation - particularly if he/she persists with it following preliminary feedback - this has the potential to result in legal or disciplinary action.

It is critically important that the integrity of the Raiseaconcern process is maintained and that the rights of all stakeholders in the process are protected. For this reason, where an employer can prove that a concern has been raised in any of the circumstances just outlined, Raiseaconcern may disclose the identity of the employee who engaged in such behaviour to the employer or to the law enforcement agencies, or both.

Employers may initiate disciplinary action, up to and including dismissal, against the employee raising a concern in such circumstances.

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.