A disclosure should preferably be made in writing using this form to ensure that all the relevant information is made available at the time the disclosure is made. While a disclosure in writing is recommended there is, under the legislation, no required format for the making of a disclosure. A disclosure can be made orally or in writing.
A disclosure made in writing not using this form should be addressed to the Internal Auditor c/o L317 Haughton Building, SETU Kilkenny Road Campus, Kilkenny Road, Carlow.A disclosure can also be sent to [email protected]
When a disclosure is made orally, it will be documented by the person receiving the disclosure, with the transcript of the disclosure then agreed upon with the Reporting Person.
Before you complete this form, you should read the Protected Disclosures (Whistleblowing) Policy carefully and ensure that the subject matter of your concern is covered by the legislation.
Protected Disclosure Documents
If you are in any doubt, you are encouraged to make use of the following supports:
- Read Speak Up Safely: Transparency International Ireland’s Guide to Whistleblowing and making a Protected Disclosure
- Contact the Speak Up Helpline on 1800 844 866
- Submit an encrypted email Speak Up Helpline Secure Report Form - Speak Up Helpline Secure Report Form
- Watch the Speak Up video at this link
- Speak to your line manager
- Seek advice from your union or legal advisor
- Contact the Employee Assistance Programme on Freephone Helpline Number 1800 814 243 or WhatsApp & SMS: Text ‘Hi@ to 0873690010.
Please note that when making a protected disclosure to an employer the worker must reasonably believe the subject matter of the disclosure tends to show one or more relevant wrongdoings and have come to the worker’s attention in a work-related context.
While ‘reasonable belief’ is not defined in the Act, it is taken to mean that there is an honest belief that is objectively reasonable. It is a relative concept and applies to what is appropriate given all of the factors involved in the situation.
‘Relevant wrongdoing’ as defined under section 5(3) of the Act are:
- An offence has been, is being or is likely to be committed.
- A person has failed, is failing, or is likely to fail to comply with any legal obligation other than one arising under the worker’s contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services.
- That a miscarriage of justice has occurred, is occurring or is likely to occur.
- That the health or safety of any individual has been, is being or is likely to be endangered.
- That the environment has been, is being or is likely to be damaged.
- That an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has, is or is likely to occur.
- That an act or omission by or on behalf of a public body is oppressive, discriminatory, or grossly negligent or constitutes gross mismanagement.
- That a breach of EU law has occurred, is occurring or is likely to occur; or that information tending to show any matter outlined above has been, is being or is likely to be, concealed or destroyed or an attempt has been, is being or is likely to be made to conceal or destroy such information.
SETU will treat all disclosures made under this policy in a confidential and sensitive manner. Subject to exceptions, the identity of the Reporting Person or any information from which their identity may be directly or indirectly deduced will not be shared with anyone other than persons authorised to receive, handle or follow-up on reports made under this policy without the explicit consent of the Reporting Person.
Anonymous reports may be considered but may be less capable of being addressed as it may be difficult to investigate a matter and to corroborate facts.
SETU encourages a worker to put their name to disclosures made where possible or to provide a means of continuing communication e.g., an anonymised email address.
The Information contained in the disclosure should:
- include the name of the Reporting Person, position in the University, place of work, date of disclosure and preferred contact details, should they wish to share them
- be clear and factual
- so far as possible, avoid speculation, personal attacks, and emotive language
- include the details of the alleged wrongdoing and any supporting information that is available to the Reporting Person including:
- the date of the alleged wrongdoing (if known) or the date the alleged wrongdoing commenced or was identified
- whether or not the alleged wrongdoing is still ongoing
- whether the alleged wrongdoing has already been disclosed to any member of management and if so when and to what effect