Protected Disclosures Policy

In line with EirGrid Group’s¹ core values of being transparent, collaborative, accountable and ambitious, EirGrid is committed to conducting its business to the highest standards of integrity, fairness, honesty and in compliance with statutory and regulatory obligations.

EirGrid expects all personnel working on its behalf to maintain the highest standards in this regard and is committed to creating a workplace culture that encourages the reporting of wrongdoings.

To support this commitment and in fostering a culture of openness, transparency and fairness, in which it is safe and acceptable to raise concerns, EirGrid encourages and expects employees and others to report concerns relating to a wrongdoing in the workplace and elsewhere relating to EirGrid’s operations.  All disclosures of wrongdoing made in accordance with this policy shall be subject to an appropriate assessment and / or investigation and EirGrid shall not tolerate any employee being discriminated against or suffering any detriment as a result of raising a concern.

This policy sets out EirGrid’s procedures for reporting and dealing with wrongdoings in the workplace and addresses the requirements of the Protected Disclosures (Amendment) Act 2022.

The act provides statutory protections for workers and is designed to foster an environment in which workers can feel safe in raising concerns regarding potential wrongdoings that have come to their attention in the workplace.  

For the purpose of this policy the term ‘worker’ includes all current and past employees and officers including board members and shareholders of EirGrid, in addition to contractors, sub-contractors, casual workers, job applicants, work experience trainees and agency workers while working for or on behalf of EirGrid.  

For the avoidance of doubt, for the purpose of this policy, a ‘contractor or sub-contractor’ is an individual who, personally or through a contract with his or her employer, undertakes with EirGrid to do or perform work or services for EirGrid.

A protected disclosure is a disclosure of relevant information made by a worker, where in the reasonable belief of the worker, it tends to show one or more relevant wrongdoings (see Section 3) and it came to the attention of the worker in connection with the worker’s employment.  A summary of the protections accompanying a protected disclosure is presented in Appendix 1.

The purpose of this policy is to:

This policy should not be used as a means by which an individual questions financial or business decisions taken by any entity within the EirGrid Group, or for raising complaints of a personal nature in respect of treatment at work.  In those instances, an individual should use the appropriate grievance procedures. 

¹The terms “EirGrid” and “EirGrid Group” include EirGrid plc, and all its subsidiaries incorporated in the Republic of Ireland

This policy is intended to provide a safe and secure mechanism for workers who may wish to report any reasonable concerns that they may have about perceived wrongdoing, including fraud in EirGrid Group. 

Please note that there are no geographical boundaries for the commission of a wrongdoing.  Consequently, if the wrongdoing is committed abroad, that is, outside Ireland, this policy still applies whether or not the wrongdoing would be regarded in that country as an offence.

This policy covers a disclosure made by a worker regarding a wrongdoing which has come to his or her attention in connection with his or her employment.  This includes disclosures of ‘relevant wrongdoings’ as defined in the act as follows:

- stealing/theft/embezzlement of money and/or goods belonging to EirGrid Group or others;
- defrauding the company by any means (including for example by submitting false expense claims or fraudulently recording working time);
- forgery, for example, altering documents or forging signatures;
- misuse or misappropriation of EirGrid Group funds or assets;
- false accounting, for example, preparing fake invoices;
- bribery & corruption, for example offering or accepting inducements or facilitation payments aimed at influencing someone or awarding a contract in return for a personal payment or other personal favour;
- extortion, for example obtaining favours by the use of threats;
- conspiracy, collusion and corruption, for example, agreeing with others to carry out illegal activities (e.g., price fixing); and
- planning or attempting to carry out any of the foregoing activities

The above list is not exhaustive. EirGrid’s Anti-Bribery & Corruption and Fraud Policies provide further details of wrongdoings covered by this policy.

The purpose of this policy is to give individuals the opportunity and protection needed to raise concerns internally without reporting the concern to an external body. It is, therefore, expected that initially, individuals shall raise concerns internally in accordance with the steps outlined below. In the event that making a disclosure internally is not possible or inappropriate, there are alternative options available also outlined below. 

Examples of External Persons to whom a disclosure can reasonably be made

Prescribed Persons

In Ireland, the Minister for Public Expenditure and Reform may prescribe a wide list of “prescribed persons” (mainly heads of regulatory bodies) whose roles and responsibilities are defined by law.

Option 1: Inform your Head of Function

EirGrid encourages workers in the first instance to raise concerns with their head of function.

Option 2: Inform your Chief Officer

Should the concern involve your head of function or for any reason a worker prefers not to involve his or her head of function, a worker may raise a concern with the relevant chief officer of his or her business unit.

Option 3: Inform your Chief Officer

Alternatively, a worker may report a wrongdoing directly to the Head of Internal Audit or the EirGrid Company Secretary.

Option 4: Report to an External Party

The act allows for an individual to make an external disclosure to a person other than his or her employer provided that he or she (i) reasonably believes that the information disclosed is substantially true, (ii) that the disclosure is not made for personal gain, and (iii) it must be reasonable for the individual in all the circumstances, to make the disclosure

*

In reporting a wrongdoing the worker should provide information that demonstrates his or her reasonable belief that a wrongdoing has taken place, although the worker is not required to provide proof that the wrongdoing has occurred.

Appendix 2 outlines the type of information to include in a report of a wrongdoing.  Concerns may be raised orally or in writing.

Where a concern is raised orally, the person raising the concern should send written communication to the recipient confirming that a disclosure was made (details of the disclosure need not be included) and request written acknowledgement from the recipient.  

This shall ensure that the recipient is clear that what is intended as a disclosure is not construed by the recipient as a casual comment.  To assist in the investigation of the concern, the recipient may record the worker’s concerns in writing and seek confirmation from the worker that the details are accurately recorded.

The Head of Governance, Risk & Compliance shall be notified by the recipient of the reported wrongdoing that such a report has been made but at this point, no details of the disclosure. The purpose of this is for statutory reporting purposes.

Anonymous disclosures of wrongdoing by workers are permissible under the act, however, it is noted that in practice it can prove difficult to investigate a disclosure made anonymously.

EirGrid is committed to following up on all reports of wrongdoing in an effective and timely manner.  Workers should not pursue their own investigations into alleged wrongdoing, but should report their concerns using the channels outlined in this policy. 

This is to ensure that the matter is properly investigated by appropriate personnel and that the manner in which the matter is investigated does not compromise EirGrid's ability to take effective action in relation to any wrongdoing.

Initial Assessment

Once information in relation to the alleged wrongdoing is reported under this policy, an initial assessment of the matter shall be undertaken promptly by the person to whom the report was made and this initial assessment provided to the EirGrid plc Company Secretary.

In conducting the initial assessment, the person who has made the report may be asked to attend meetings and/or to provide further information to clarify aspects of the disclosure to establish:

The complexity, seriousness and materiality of the allegation including whether external bodies should be informed shall determine the nature and extent of the investigation.  The person reporting the wrongdoing shall (except in case of reports made anonymously);

Investigation

If the initial assessment concludes that there are grounds for an investigation, an investigating officer shall be appointed by the EirGrid plc Company Secretary.  Current investigating officers within EirGrid are:

Investigations shall be carried out objectively and fairly with agreed terms of reference.

The investigating officer shall consult with the Head of Internal Audit, Head of Group Legal Services, Head of Governance, Risk & Compliance and/or subject matter experts as required, to consider any legal obligations arising from the report and/or from any information which comes to hand during investigation, including any legal requirements to make a report to An Garda Síochána or to a regulatory body.

Following the investigation, a report shall be prepared in accordance with the terms of reference and may include recommendations arising from the investigation. 

The EirGrid plc Company Secretary shall provide feedback to the reporting person within three months of the report.  

The reporting person may make a written request for further feedback and if requested, it shall be provided at intervals of three months until the procedure relating to the report is closed.

Records obtained and/or created during the investigation process shall be retained in line with the Records & Information Management Policy.

Any disciplinary investigation or action taken against an employee as a result of the investigation of wrongdoing shall be conducted in accordance with the relevant company disciplinary process.

If appropriate, a copy of the decision shall be passed to the company auditors (external and internal) to enable a review of the procedures. 

Appendix 3 illustrates the Reporting & Investigation Process.

Individuals should feel confident about coming forward to raise genuine concerns and EirGrid shall:

A person who alleges to have suffered penalisation as a result of making a protected disclosure can apply for interim relief in the Circuit Court within 21 days following the date of the last instance of penalisation.

All reasonable efforts shall be made to protect the identity of the person who raised the concern, however, in some situations the identity of the discloser may need to be revealed in order to carry out an effective investigation, to prevent, investigate or prosecute a crime or where the disclosure is otherwise necessary in the public interest or is required by law.

In these circumstances the discloser shall, where practicable, be advised prior to any action being taken that would identify them.  If a worker is concerned that their identity is not being adequately protected following the reporting of a wrongdoing he or she can raise it with Head of Internal Audit or EirGrid plc Company Secretary.

It should be noted that in some circumstances, an individual who believes that he or she has been defamed or libelled by a reported wrongdoing may have a right of action against the person who reported the wrongdoing, especially where false disclosures of wrongdoing are made maliciously.

If a worker is concerned that his or her disclosure might be perceived as malicious, he or she is advised to seek legal advice before making it.  Where an allegation of wrongdoing is made against an individual, any investigation of that allegation shall be conducted in accordance with the applicable company disciplinary policy and in accordance with the principles of fairness applying under that policy.

A complaint relating to matters arising in respect of invoking this policy can be made to the Head of Legal Services, Head of Internal Audit or the Chairman of the Audit & Risk Committee, or under the Respect & Dignity Policy or the Grievance Procedure, as appropriate.

Workers can make a complaint of penalisation under the act to the Workplace Relations Council Adjudications Service.

The Head of Governance, Risk & Compliance shall ensure that: 

The Head of Governance, Risk & Compliance shall review this policy on an annual basis.  The Company Secretary is responsible for reporting to the Audit & Risk Committee on a quarterly basis or as required.  The effectiveness of this policy shall be monitored by the Audit & Risk Committee and the EirGrid plc Board on an annual basis.

The Protected Disclosures Commissioner provides further information via its website www.opdc.ie.

Additionally, if an individual is unsure about whether or not to and/or how to raise a concern or wants external confidential advice, he or she can contact Transparency International Ireland on its free-phone “Speak Up” helpline at 1800 844 866 or by email to helpline@transparency.ie.  

In broad terms, the protections which accompany a protected disclosure are: 

- suspension, lay-off or dismissal;
- demotion, loss of opportunity for promotion or withholding of promotion;
- transfer of duties, change of location of place of work, reduction in wages or change in working hours;
- the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty);
- coercion, intimidation, harassment or ostracism;
- discrimination, disadvantage or unfair treatment;
- injury, damage or loss;
- threat of reprisal;
- withholding of training;
- a negative performance assessment or employment reference;
- failure to convert a temporary employment contract into a permanent one, where the worker had a legitimate expectation that he or she would be offered permanent employment;
- failure to renew or early termination of a temporary employment contract;
- harm, including to the worker’s reputation, particularly in social media, or financial loss, including loss of business and loss of income;
- blacklisting on the basis of a sector or industry-wide informal or formal agreement, which may entail that the person will not, in the future, find employment in the sector or industry;
- early termination or cancellation of a contract for goods or services;
- cancellation of a licence or permit; and
-psychiatric or medical referrals.

¹ A civil wrong that occurs where someone unfairly causes another person to suffer loss or harm.

Workers who wish to make a disclosure are recommended to use the following format and maintain a copy along with any supporting documentation provided: