Protected disclosures

The legislation is intended to encourage workers to raise concerns regarding potential wrongdoing in the workplace. They can raise these concerns knowing that they will get significant employment and other protection if they are penalised by their employer or suffer any detriment for doing so.  

The chief executive of QQI is a prescribed person under legislation (Statutory Instrument 339 of 2014).

This means that all matters as provided for by the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012) in respect of entities that fall within the remit of QQI can be made to QQI. These matters can relate to:

• quality assurance,
• validation of programmes of education and training,
• the making of awards,
• he delegation of authority to make awards,
• the establishment of the code of practice for the provision of programmes of education and training to international learners, and
• the authorisation to use the International Education Mark.

The Act does not require QQI to investigate every disclosure it receives, and disclosures made under the Act will be considered in the same way as any disclosure made to QQI. In broad terms, whistle-blowers making an external disclosure to the office, instead of to their employer, will be entitled to redress under the Act if they suffer unfair discrimination or dismissal provided the disclosure is made in good faith, they reasonably believe the allegations to be substantially true, and the disclosure was not made for personal gain.

QQI has no role in assessing what is or is not a protected disclosure as defined in the legislation. This is a matter of law which, in the case of a dispute, will fall to the courts to decide.