Protected Disclosures (Amendment) Act 2022

Amendment of Schedule 2 to Principal Act

25. Schedule 2 to the Principal Act is amended—

(a) in paragraph 1 by the substitution of the following subparagraph for subparagraph (c)—

“(c) subject to paragraph 2A, require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding—

(i) subject to clause (ii), 260 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 , or

(ii) in the case of an employee who is a worker referred to in paragraph (h) of the definition of ‘worker’ in section 3(1), and is not in receipt of remuneration, including allowances in the nature of pay and benefits in lieu of or in addition to pay, from the employer concerned, €15,000.”,


(b) by the insertion of the following paragraph after paragraph 2:

“2A. Where the investigation of the relevant wrongdoing was not the sole or main motivation for making the protected disclosure concerned, in determining the amount of compensation that is just and equitable for the purposes of paragraph 1(c), the amount that would be just and equitable may be up to 25 per cent less than the amount that it would otherwise be.”.