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Protected Disclosures - guidance for HSE staff

If you work in the HSE or in a service funded by the HSE, you have the right to report concerns about wrongdoing. This is known as making a protected disclosure.

About Protected Disclosures legislation

The Protected Disclosures Act 2014, together with the Protected Disclosures Amendment Act 2022, protects workers who report certain types of wrongdoing at work. The HSE has a formal internal process you can use to raise these concerns under this Act.

The Health Act 2004, as amended, also includes protections for people who make disclosures.

These protections only apply when:

  • the disclosure is made in good faith
  • the issue being reported is one of the specific wrongdoings covered by the Health Act (this Act covers a smaller set of wrongdoings than the Protected Disclosures Act)

The HSE normally assesses disclosures under the Protected Disclosures Act 2014 (as amended), unless you ask us to use the Health Act instead.

The updated Protected Disclosures Act (in place since 1 January 2023):

  • gives the widest definition of who is protected
  • offers the clearest protections
  • does not take your motivation into account

On this page:

HSE National Procedures for the Handling of Protected Disclosures 2025

Quick Guide to Raising Concerns of Wrongdoing at Work - HSE Protected Disclosures (PDF, 375 KB, 2 pages)

What is a protected disclosure?

When you report something under the Protected Disclosures Act, it’s called a ‘protected disclosure’. This means you are sharing work‑related information that you believe shows a relevant wrongdoing.

You do not need to prove the wrongdoing - you only need a reasonable belief that it may be happening.

A protected disclosure is not a:

  • personal grievance
  • workplace conflict
  • complaint about your own contract or conditions

These issues are handled under Grievance and Disciplinary, Dignity at Work, or HR policies.

You can find HSE policies and procedures in the HSE National Central Repository.

What counts as a relevant wrongdoing

Under the Protected Disclosures Act, relevant wrongdoings include:

  • criminal offences
  • breaches of legal obligations
  • miscarriages of justice
  • endangerment of health or safety
  • environmental damage
  • misuse of public funds
  • gross mismanagement by a public body
  • breaches of EU law
  • concealment of wrongdoing

Who can make a protected disclosure

You can make a protected disclosure if you are a:

  • HSE employee
  • Section 38 or 39 employee
  • contractor or agency worker
  • trainee
  • volunteer
  • board member
  • job applicant

If you work in a Section 38 or 39 organisation, you should normally report concerns within your own organisation, unless the issue is mainly about the HSE.

Before you make a disclosure

Before making a disclosure, you should consider the following:

  • is it a relevant wrongdoing?
  • do you want your identity kept confidential? (the HSE protects your identity unless disclosure is legally required)
  • do you have factual information? (information you provide should be based on facts about a person or situation and not a general allegation)

You should not investigate allegations of wrongdoing - just report what you know.

How to make a disclosure

You can report concerns to the National Office for Protected Disclosures (NOPD).

You can make reports as follows:

Email: protected.disclosures@hse.ie

Phone: 01 635 2202

Form: HSE Protected Disclosure Form (recommended for clarity and completeness)

Post: National Office for Protected Disclosures, Dr Steevens’ Hospital, Dublin 8

Your report should include:

  • that you are making a protected disclosure
  • your status as a worker
  • your contact details (unless anonymous)
  • what happened, when, and who was involved
  • whether it is ongoing
  • any previous reporting of the issue
  • facts and any initial evidence that supports what you’re saying

How your report is handled

Acknowledgement

When the NOPD receives your report, they will confirm they got it within 7 calendar days.

Initial assessment

The NOPD carries out an initial check (called a screening) to understand what the report is about.

Referral

  • If the NOPD decides your report qualifies as a protected disclosure under the Act, they will pass it on to the Senior Accountable Officer (SAO) for further examination or investigation.
  • If the NOPD decides it is not a protected disclosure, they may still refer the information to the SAO through normal channels if appropriate.

Statutory feedback

  • If you are not anonymous and you have asked for updates, the NOPD will give you formal feedback within 3 months of acknowledging your report, and then every 3 months after that while the examination or investigation continues.

Outcome and final feedback

  • Once the SAO completes their examination or investigation, they will give the outcome to the NOPD.
  • The NOPD will then provide you with final feedback, where appropriate.

Independent supports

The following supports offer independent advice and guidance:

Publications

Publications and relevant Acts

Publications

Annual reports

Every year, the HSE must publish a report showing how many protected disclosures we received and how we handled them. This is required under the Protected Disclosures Act 2014.

You can read the latest reports here:

2024 reports

Older reports are available on Lenus - Irish Health Repository

Protected disclosure procedures

Learn how staff and managers should deal with concerns raised under the Protected Disclosures Act in the HSE Procedures for Handling Protected Disclosures.

The HSE procedures were published in October 2025. They follow the Statutory Guidance on the Protected Disclosures Act, issued in November 2023, by the Department of Public Expenditure Infrastructure, Public Service Reform and Digitalisation. They replace the interim HSE procedures that were in place earlier in 2023.

The 2025 procedures reflect what we’ve learned so far and help ensure that staff who speak up are supported and protected.

HSE national policies, procedures, protocols, guidelines repository

Quick Guide

The quick guide is a short, 2‑page leaflet that gives staff and managers an overview of:

  • what a protected disclosure is
  • how to raise a concern
  • where to find more detailed information

Quick Guide to Raising Concerns of Wrongdoing at Work - HSE Protected Disclosures (PDF, 375 KB, 2 pages)

Relevant Acts

Protected Disclosures Act 2014 (as amended)

This Act protects workers who report certain types of wrongdoing at work. The 2022 Amendment Act strengthened these protections.

The HSE uses the updated version of the Act (in place since 1 January 2023) when reviewing disclosures.

The updated law:

  • covers the widest range of workers
  • gives the strongest protections
  • does not consider why the person reported the concern

More information is available in the Protected Disclosures (Amendment) Act 2022 - irishstatutebook.ie

Health Act 2004

Under the Health Act 2004 (as amended), disclosures must be made in good faith. The list of what counts as 'wrongdoing' is shorter than in the Protected Disclosures Act.

More information is available in the Health Act 2004 - irishstatutebook.ie.

Common questions

What is considered a protected disclosure

What is a protected disclosure?

A protected disclosure is when you report information you reasonably believe shows a relevant wrongdoing that you became aware of through your work.

What counts as a relevant wrongdoing?

Relevant wrongdoings include:

  • criminal offences
  • breaches of legal obligations
  • miscarriages of justice
  • endangerment of health or safety
  • environmental damage
  • misuse of public funds
  • gross mismanagement or negligence by a public body
  • breaches of EU law
  • concealment or destruction of information about any of the above

Personal employment grievances are not protected disclosures.

What is the difference between a grievance and a protected disclosure?

A grievance is a personal issue affecting you (for example, conflict with a colleague or concerns about your contract). A protected disclosure is about wrongdoing that affects the organisation or the public.

Personal issues are handled under HR, Grievance and Disciplinary, or Dignity at Work policies - not under the Protected Disclosures Act.

Making a personal disclosure

Who can make a protected disclosure?

You can make a protected disclosure if you are a:

  • HSE employee
  • Section 38 or 39 employee
  • contractor or agency worker
  • trainee
  • volunteer
  • board member
  • job applicant
Can I make a disclosure to the HSE about a Section 38 or Section 39 agency?

You should normally report wrongdoing within your own organisation. But if you reasonably believe the issue mainly relates to the HSE or something the HSE is responsible for, you can report it to the HSE.

How do I raise a concern with the National Office for Protected Disclosures (NOPD)?

You can report by:

You are encouraged to use the HSE Protected Disclosure Form.

If you report verbally, the NOPD will write it down and ask you to confirm it. Include as much detail as possible about what happened, when, who was involved, and why you believe it is wrongdoing.

Can I make a protected disclosure anonymously?

Yes. Anonymous reports are accepted. However, without your contact details, the HSE may not be able to fully assess or follow up. If your anonymous report meets the legal requirements, you still receive the protections of the Act.

Can a disclosure be made on behalf of another person?

Someone can help you make the report, but the disclosure must ultimately come from you. You must confirm you are a worker and that the information is yours.
You are the person protected under the Act. Facilitators are also protected from penalisation.

Can a group of workers make a disclosure?

There is no 'group disclosure' in the legislation. Each person must contact the NOPD individually and will receive their own reference number. If all reports relate to the same issue, they will be examined together.

If I make a disclosure to the Minister for Health, will they deal with it or send it to the HSE?

The Minister must send your report to the OPDC, who will decide who should assess it. In many cases, this is the HSE’s NOPD.

How do I raise a concern with the Office of the Protected Disclosures Commissioner (OPDC)?

If you do not want to report to your employer, you can report directly to the OPDC.

You must reasonably believe the wrongdoing happened and that your information is substantially true. The OPDC does not investigate but sends your report to the right body. Information on how to report is available at opdc.ie.

If I make a disclosure to the CEO, will they handle it or delegate it to someone else?

The CEO will refer your report to the NOPD, who handle all protected disclosures for the HSE.

Once I make a protected disclosure, is my involvement finished?

In most cases your involvement is finished, but sometimes more information is needed. You will get an acknowledgement within 7 days and an update within 3 months. You can ask for further updates every 3 months.

Will the people looking into the protected disclosure contact the person who reported it?

Usually no. In rare cases, they may ask the NOPD to contact you for more information, but only with your consent.

Can I add more information to assist the process?

You can, to assist and support in the initial assessment by the NOPD. If the new information relates to a different issue, it may be treated as a new disclosure.

Can I take back my protected disclosure?

There is no formal withdrawal process. If the information suggests wrongdoing, the HSE may continue to examine it even if you step back.

How long will it take to deal with my protected disclosure?

There is no set timeline. The HSE will examine the matter as quickly as possible while ensuring a proper process.

What happens if my disclosure is found not to be covered by the Act?

If it is not a protected disclosure, it may be handled under another relevant policy or referred to the appropriate manager.

Protections under the Act

What protections do I get when I make a protected disclosure?

You are protected from:

  • your identity being shared unnecessarily
  • penalisation (any unfair treatment because you reported)
  • most legal actions, except defamation (where you still have strong protection through 'qualified privilege')
Will my identity be protected?

Yes. The HSE uses secure systems, redaction, and restricted access to protect your identity. Your details are only shared if absolutely necessary to examine the issue.

Protected disclosures policy and legislation

What law covers protected disclosures?

The main law is the Protected Disclosures Act 2014, as amended (updated in 2023). In some cases, the Health Act 2004 may apply instead.

What is the protected disclosures procedure?

It is the HSE’s guidance document explaining how protected disclosures are handled. It follows national statutory guidance and will be updated again in 2026.

Could I face legal action for making a protected disclosure?

You won’t face legal action if you make the report with a reasonable belief that it shows wrongdoing. However, knowingly making a false report is a criminal offence and may lead to legal action.

Protected disclosures data storage and sharing

Who has access to the information in my protected disclosure?

Only the people who need the information to assess or examine your protected disclosure will have access to it.

This may include:

  • NOPD staff
  • the relevant senior accountable officer
  • investigators or people providing information

Your identity is removed where possible. Records are stored securely and kept only as long as necessary.

Can I access protected disclosure records through a Freedom of Information request?

No. Protected disclosure records are not available under the Freedom of Information Act.

Contact

National Office for Protected Disclosures (NOPD):

Email: protected.disclosures@hse.ie

Phone: 01 635 2202

Back to Procedures and guidelines