Statutory Consultation
Protection of Employment Acts 1977
Number 7 of 1977
PROTECTION OF EMPLOYMENT ACT 1977
REVISED
Updated to 1 October 2015
PART II
Consultation and Notification
Obligation on employer to consult employees’ representatives.
9.—(1) Where an employer proposes to create collective redundancies he shall, with a view to reaching an agreement, initiate consultations with employees’ representatives F10[…]
(2) Consultations under this section shall include the following matters—
(a) the possibility of avoiding the proposed redundancies, reducing the number of employees affected by them or F11[F12[mitigating their consequences] by recourse to accompanying social measures aimed, inter alia, at aid for redeploying or retraining employees made redundant],
(b) the basis on which it will be decided which particular employees will be made redundant.
(3) Consultations under this section shall be initiated at the earliest opportunity and in any event at least 30 days F13[before the first notice of dismissal is given].
Annotations:
Amendments:
F10
Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 7.
F11
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 8.
F12
Substituted (21.12.2000) byEuropean Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), art. 4.
F13
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 12, commenced on enactment.
Modifications (not altering text):
Editorial Notes:
E4
Redress and appeal procedures in respect of requirements under section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 2, sch. 6 part 1 item 3, sch. 6 part 2 item 3, S.I. No. 410 of 2015.
E5
Dismissal prior to expiry of periods specified in subs. (3) and s. 12(1) made an offence (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 10(3), commenced on enactment.
E6
Previous affecting provision: complaints procedure provided (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 6; revoked (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(3) and sch. 2 part 2 ref. 1, subject to transitional provisions in subs. (4).
Obligation on employer to supply certain information.
10.—(1) For the purpose of consultations under section 9, the employer concerned shall supply the employees’ representatives with all relevant information relating to the proposed redundancies.
(2) Without prejudice to the generality of subsection (1), information supplied under this section shall include the following, of which details shall be given in writing—
(a) the reasons for the proposed redundancies,
(b) the number, and descriptions or categories, of employees whom it is proposed to make redundant,
F14[(c) the number of employees, and description or categories, normally employed,]
F15[(cc)(i) the number (if any) of agency workers to which the Protection of Employees (Temporary Agency Work) Act 2012 applies engaged to work for the employer,
(ii) those parts of the employer’s business in which those agency workers are, for the time being, working, and
(iii) the type of work that those agency workers are engaged to do,
and]
(d) the period during which it is proposed to effect the proposed redundancies.
F16[(e) the criteria proposed for the selection of the workers to be made redundant, and]
F17[(f) the method for calculating any redundancy payments other than those methods set out in the Redundancy Payment Acts, 1967 to 1991, or any other relevant enactment for the time being in force or, subject thereto, in practice.]
(3) An employer shall as soon as possible supply the Minister with copies of all information supplied in writing under subsection (2).
Annotations:
Amendments:
F14
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(a).
F15
Inserted (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (12/2012), s. 17, commenced on enactment.
F16
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(b).
F17
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(b).
Editorial Notes:
E7
Redress and appeal procedures in respect of requirements under section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 2, sch. 6 part 1 item 3, sch. 6 part 2 item 3, S.I. No. 410 of 2015.
E8
Previous affecting provision: complaints procedure provided (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 6; revoked (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(3) and sch. 2 part 2 ref. 1, subject to transitional provisions in subs. (4).
Application of sections 9 and 10.
10A.—Sections 9 and 10 shall apply to an employer irrespective of whether the decision regarding collective redundancies is being taken by the employer or by an undertaking which controls the employer and it shall not be a defence on the part of the employer that the necessary information had not been provided to the employer by a controlling party, or parties, which took the decision leading to the collective redundancies.]
Annotations:
Amendments:
F18
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 10.
Penalty for contravention of section 9 or 10.
11.—An employer who fails to initiate consultations under section 9 or fails to comply with section 10 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F19[€5,000 ].
Annotations:
Amendments:
F19
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E9
Offence under section designated a relevant offence for purposes of fixed payment procedure (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 36(5)(a), S.I. No. 410 of 2015.
E10
Amount payable under fixed payment notice for breach of section set at €2,000 (1.10.2015) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), reg. 4(1).
Decision of adjudication officer under section 41 of Workplace Relations Act 2015
11A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 9 or 10 shall do one or more of the following, namely—
(a) declare that the complaint is or, as the case may be, is not well founded,
(b) require the employer to comply with the provision of the Act of 1977 concerned and, for that purpose, to take a specified course of action,
(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]
Annotations:
Amendments:
F20
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 3, S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).
F21[Decision of Labour Court on appeal from decision referred to in section 11A
11B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 11A, shall affirm, vary or set aside the decision of the adjudication officer.]
Annotations:
Amendments:
F21
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 3, S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).
Obligation on employer to notify Minister of proposed redundancies.
12.—(1) Where an employer proposes to create collective redundancies, he shall notify the Minister in writing of his proposals at the earliest opportunity and in any event at least 30 days before the first dismissal takes effect.
(2) The Minister may prescribe the particulars to be specified in a notification under this section.
(3) A copy of a notification under this section shall be supplied as soon as possible by the employer affected to the employees’ representatives affected who may forward to the Minister in writing any observations they have relating to the notification.
F22[(4) In the case of collective redundancies arising from the employer’s business being terminated following bankruptcy or winding up proceedings or for any other reason as a result of a decision of a court of competent jurisdiction the person responsible for the affairs of the business need comply with subsection (1) only if the Minister so requests.]
Annotations:
Amendments:
F22
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 11.
Editorial Notes:
E11
Power pursuant to section exercised (10.05.1977) by Protection of Employment Act, 1977 (Notification of Proposed Collective Redundancies) Regulations 1977 (S.I. No. 140 of 1977).
E12
Dismissal prior to expiry of periods specified in ss. 9(3) and 12(1) made an offence (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 10(3), commenced on enactment.
Penalty for contravention of section 12.
13.—An employer who contravenes section 12 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F23[€5,000 ].
Annotations:
Amendments:
F23
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E13
Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 5(b), superseded as per F-note above.
PART III
Commencement of Collective Redundancies
Collective redundancies not to take effect for 30 days.
14.—(1) Collective redundancies shall not take effect before the expiry of the period of 30 days beginning on the date of the relevant notification under section 12.
(2) Where collective redundancies are effected by an employer before the expiry of the 30-day period mentioned in subsection (1) the employer shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding F24[€250,000].
F25[(3) Subsections (1) and (2) shall not apply in the case of collective redundancies arising from the employer’s business being terminated following bankruptcy or winding up proceedings or for any other reason as a result of a decision of a court of competent jurisdiction.]
Annotations:
Amendments:
F24
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 13, commenced on enactment.
F25
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 12.
Editorial Notes:
E14
Previous affecting provision: fine substituted (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 21, (S.I. No. 636 of 2001), superseded as per F-note above.
Further consultations with Minister.
15.—(1) For the purpose of seeking solutions to the problems caused by the proposed redundancies, the employer concerned shall, at the Minister’s request, enter into consultations with him or an authorised officer.
(2) For the purpose of consultations under this section, an employer shall supply the Minister or an authorised officer with such information relating to the proposed redundancies as the Minister or the officer may reasonably require.
Saver for employees’ rights to notice, etc.
16.—Nothing in this Act shall affect the right of any employee to a period of notice of dismissal or to any other entitlement under any other Act or under his contract of employment.
Provisions relating to authorised officers.
17.—(1) An authorised officer may—
(a) enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any employee is employed,
(b) there make any examination or enquiry necessary for ascertaining whether this Act has been or is being complied with,
(c) require an employer or his representative to produce any records which the employer is required by this Act to keep, and inspect and take copies of entries in the records.
(d) examine with regard to any matters under this Act any person whom he has reasonable cause to believe to be or to have been an employer or employee and require him to answer any questions (other than questions tending to incriminate him) which the officer may put relating to those matters and to sign a declaration of the truth of the answers.
(2) The powers conferred on an authorised officer by subsection (1) (a) shall not be exercisable in respect of a private dwelling house unless the Minister (or an officer of the Minister appointed by the Minister for the purpose) certifies that he has reasonable grounds for believing that an offence under this section in relation to an employee employed in the house has been committed by the employer, and the authorised officer in applying for admission to the house produces the certificate.
(3) Any person who—
(a) obstructs or impedes an authorised officer in the exercise of any power conferred by this section,
(b) refuses to produce any record which an authorised officer lawfully requires him to produce,
(c) produces, or causes to be produced or knowingly allows to be produced, to an authorised officer any record which is false in any material respect knowing it to be false,
(d) prevents or attempts to prevent any person from appearing before or being questioned by an authorised officer, or
(e) wilfully fails or refuses to comply with any lawful requirement of an authorised officer under subsection (1) (d)
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F26[€5,000].
(4) An authorised officer shall be furnished with a certificate of his appointment and, on applying for admission to any premises or place, shall, if so required, produce the certificate to the occupier and to any person being examined by him.
The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.
Home Statutory Instruments 2000 S.I. No. 488/2000 –
European Communities (Protection of Employment) Regulations, 2000.
I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 75/129/EEC of 17 February 1975 relating to collective redundancies1 , as amended by Council Directive No. 92/56/EEC of 24 June 19922 , make the following Regulations:
1. These Regulations may be cited as the European Communities (Protection of Employment) Regulations, 2000.
2. (1) In these Regulations-
“Act of 1977” means Protection of Employment Act, 1977 (No. 7 of 1977), as amended by the Protection of Employment Order, 1996 ( S.I. No.370 of 1996 );
“Act of 1994” means Terms of Employment (Information) Act, 1994 (No. 5 of 1994).
3. Section 2(1) of the Act of 1977 is amended-
(a) by the substitution of the following definition for the definition of “employees’ representatives”:
“ ‘employees’ representatives’, in relation to employees who are affected, or are likely to be affected, by proposed collective redundancies (whether by being selected for redundancy or otherwise), means-
(a) a trade union, staff association or excepted body with which it has been the practice of the employer to conduct collective bargaining negotiations, or
(b) in the absence of such a trade union, staff association or excepted body, a person or persons chosen (under an arrangement put in place by the employer) by such employees from amongst their number to represent them in negotiations with the employer;”,
and
(b) by the insertion of the following definition:
“ ‘excepted body’ has the meaning assigned to it by section 6 (3) of the Trade Union Act, 1941 (No. 22 of 1941), as amended;”.
4. Section 9(2) (a) (as amended by Article 8 of the Protection of Employment Order, 1996) of the Act of 1977 is amended by the substitution of “mitigating their consequences” for “mitigating their circumstances”.
5. The Act of 1977 is amended-
(a) in section 11, by the substitution of “ £1,500” for “£500”,
(b) in section 13, by the substitution of “ £1,500” for “£500”,
(c) in section 17(3), by the substitution of “ £1,500” for “£500”, and
(d) in section 18(3), by the substitution of “ £1,500” for “£500”.
6. (1) An employee, or a trade union, staff association or excepted body on behalf of an employee, may present a complaint to a rights commissioner that an employer has contravened section 9 or 10 of the Act of 1977 and, if he, she or it does so, the commissioner shall give the parties an opportunity to be heard by him or her and to present to him or her any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.
(2) A decision of a rights commissioner under paragraph (1) of this Regulation shall do one or more of the following:
(a) declare that the complaint is or, as the case may be, is not well founded,
(b) require the employer to comply with the provision of the Act of 1977 concerned and, for that purpose, to take a specified course of action,
(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977 (No. 10 of 1977),
and the references in this paragraph to an employer shall be construed, in a case where ownership of the business or part of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.
(3) A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to him or her within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period, not exceeding 6 months from the expiration of the first-mentioned period of 6 months, as the rights commissioner considers reasonable.
(4) For the purposes of this Regulation—
(a) subsections (4) to (6) and (7) (a) of section 7 of the Act of 1994 shall apply in relation to a complaint presented under this Regulation as they apply in relation to a complaint presented under subsection (1) of that section 7, with the modification that in that subsection (6) a reference to a decision is substituted for a reference to a recommendation, and any other necessary modifications, and
(b) sections 8 to 10 of the Act of 1994 shall apply as they apply for the purposes of that Act, with the following modifications, namely-
(i) the substitution in those provisions of references to a decision for references to a recommendation,
(ii) the substitution in section 9 of the Act of 1994 of-
(I) references to the Circuit Court for references to the District Court, and
(II) the following subsection for subsection (3):
“(3) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade or business.”,
and any other necessary modifications.
/images/seal.jpg
GIVEN under my Official Seal, this 21st day of December, 2000.
MARY HARNEY, T.D.,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Protection of Employment Act, 1977 , to provide for representation of, and consultation with, employees in the absence of a trade union, staff association or excepted body; to provide for a right of complaint to a rights commissioner where an employer contravenes section 9 or 10 (information and consultation of employees) and to provide for increases in the levels of fines for offences.
1OJ No. L 48, 22.2.75, p.29
2OJ No. L 245, 26.8.92, p.3
S.I. No. 528/2005 – European Communities (Protection of Employees) (Part-Time Workers) Regulations 2005
View SIAmendments
S.I. No. 528 of 2005 .
EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES) (PART-TIME WORKERS) REGULATIONS 2005.
I, MICHE�?L MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 97/81/EC of 15 December 19971 , hereby make the following regulations:
1. These Regulations may be cited as the European Communities (Protection of Employees) (Part-Time Workers Regulations 2005.
2. The Labour Services Act 1987 (No. 15 of 1987) is amended in Part II of the Schedule—
(a) in paragraph 10—
(i) in subparagraph (b), by deleting “and”, and
(ii) by deleting subparagraph (c),
and
(b) in paragraph 11, by deleting “and works not less than 18 hours a week for an Foras”.
/images/seal.jpg
GIVEN under my Official Seal, this 18th day of August, 2005.
MICHE�?L MARTIN,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations remove the provision in the Labour Services Act 1987 (No. 15 of 1987) (Paragraph 10(c) of Part II of the Schedule) that an employee must work not less than 18 hours a week for F�?S before being entitled to vote in Worker Director Elections. The Regulations also remove the provision (in Paragraph 11 of Part II of the Schedule that an employee must work not less than 18 hours a week for F�?S to be eligible to be nominated as a candidate at the Elections. This is to give full effect to Section 9 of the Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001), which outlaws the discrimination of part-time workers.
1OJ No. L14, 20.1.1998, p.9