(LRC Revised)

Number 20 of 1971

REDUNDANCY PAYMENTS ACT 1971

REVISED

Updated to 14 October 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Redundancy Payments Act 1971

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Regulated Professions (Health

and Social Care) (Amendment) Act 2020

(16/2020), enacted 14 October 2020, and all

statutory instruments up to and including the

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order 2020

(S.I. No. 438 of 2020), made 13 October 2020, were considered in the preparation of

this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

20

of

1971

REDUNDANCY PAYMENTS ACT 1971

REVISED

Updated to 14 October

2020

ARRANGEMENT OF SECTIONS

Section

1.

Definition.

2.

Extension of application of certain provisions of Acts.

3.

Provisions relating to persons who attain age of 70 years.

4.

Amendment of section 7 of Principal Act.

5.

Amendment of section 20 of Principal Act.

6.

Application of section 20 of Principal Act.

7.

Amendment of section 39 of Principal Act.

8.

Redundancy payment to certain employees dismissed before commencement of Act.

9.

Reference and appeal to the High Court.

10.

Presumptions by Tribunal.

11.

Right to redundancy payment by reason of lay-off or short-time.

12.

Time-limit on claims for redundancy payment.

13.

Rebates to employers from Redundancy Fund.

14.

Other payments to employees from Redundancy Fund.

15.

Provisions relating to special redundancy schemes.

16.

Offences relating to payments under Principal Act.

17.

Reciprocal arrangements.

18.

Aid to persons changing residence or undergoing certain training.

19.

Miscellaneous amendments of Principal Act.

20.

Short title, construction, collective citation and commencement.

SCHEDULE

Acts Referred to

Redundancy Payments Act, 1967

1967, No. 21

Deeds of Arrangement Act, 1887

1887, c. 57

First Schedule to the Succession Act, 1965

1965, No. 27

Number

20

of

1971

REDUNDANCY PAYMENTS ACT 1971

REVISED

Updated to 14 October

2020

AN ACT TO AMEND AND EXTEND THE

REDUNDANCY PAYMENTS ACT, 1967

, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27

th July

, 1971.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Redundancy Payments Acts 1967 to 1990

not restricted (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), ss. 9(3) and 11(3), S.I. No. 636 of 2001.

Conditions of employment for

part-time employees.

9.

— ...

(3) Nothing in subsection (2)

shall be construed as affecting the application of a relevant enactment, by virtue

of section 8, to a part-time employee.

Part-time employees who work on

a casual basis.

11.

— ...

(3) Nothing in subsection (2) shall be construed as affecting the application of a

relevant enactment, by virtue of section 8, to a part-time employee.

C2

Application of collectively cited

Redundancy Payments Acts 1967 to 1990

(“relevant enactment” as per s. 3) extended (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), s. 8, S.I. No. 636 of 2001.

Application of relevant

enactments.

8.

— Each relevant enactment shall apply to a part-time employee in the same manner, and

subject to the like exceptions not inconsistent with this section, as it applies,

other than by virtue of this Act, to an employee to whom that enactment relates.

C3

Application of collectively cited

Redundancy Payments Acts 1967 to 1991

not restricted (1.04.2000) by

National Minimum Wage Act 2000

(5/2000), s. 41(12), S.I. No. 96 of 2000.

Employer in financial

difficulty.

41.

— ...

(12) For the purposes of calculating an employee’s entitlement to a redundancy payment under the Redundancy Payments Acts, 1967 to

1991, any exemption under this section shall be ignored and the calculation made as

if the employee had been paid the national minimum hourly rate of pay to which he

or she was otherwise entitled under this Act, for the period of the exemption.

C4

Application of collectively cited

Redundancy Payments Acts 1967 to

1990

extended (1.05.1997) by

Labour Services Act Apprenticeship Rules

1997

(S.I. No. 168 of 1997), rule 7(1).

Dismissal

7. (1) Subject to 7 (2), no employer shall dismiss any apprentice save in strict accordance

with the provision of the Unfair Dismissals Acts 1977 and 1993, the Protection of

Employment Act 1977, the Minimum Notice and Terms of Employment Act 1973, and the

Redundancy Payments Acts 1967 to 1990.

...

Editorial Notes

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 18, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.08.1995) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rl. 7(1); revoked (1.05.1997) by

Labour Services Act Apprenticeship Rules 1997

(S.I. No. 168 of 1997), rl. 1(3).

E3

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.08.1994) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 228 of 1994), rl. 7(1); revoked (1.08.1995) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rl. 1(3).

E4

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.09.1993) by

Labour Services Act Apprenticeship Rules 1993

(S.I. No. 236 of 1993), rl. 7(1); revoked (1.09.1994) by

Labour Services Act Apprenticeship Rules 1994

(S.I. No. 228 of 1994), rl. 1(3).

E5

Previous affecting

provision: application of collectively cited

Redundancy Payments Acts 1967 to

1990

(‘relevant enactment‘ as per s. 1) extended (17.06.1991) by

Worker Protection (Regular Part-Time Employees) Act 1991

(5/1991), s. 3,

S.I. No. 144 of 1991; repealed (20.12.2001) by

Protection of Employees

(Part-Time Work) Act 2001

(45/2001), s. 5, S.I. No. 636 of 2001.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Redundancy Payments Acts 1967 to 1990

not restricted (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), ss. 9(3) and 11(3), S.I. No. 636 of 2001.

Conditions of employment for

part-time employees.

9.

— ...

(3) Nothing in subsection (2)

shall be construed as affecting the application of a relevant enactment, by virtue

of section 8, to a part-time employee.

Part-time employees who work on

a casual basis.

11.

— ...

(3) Nothing in subsection (2) shall be construed as affecting the application of a

relevant enactment, by virtue of section 8, to a part-time employee.

C2

Application of collectively cited

Redundancy Payments Acts 1967 to 1990

(“relevant enactment” as per s. 3) extended (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), s. 8, S.I. No. 636 of 2001.

Application of relevant

enactments.

8.

— Each relevant enactment shall apply to a part-time employee in the same manner, and

subject to the like exceptions not inconsistent with this section, as it applies,

other than by virtue of this Act, to an employee to whom that enactment relates.

C3

Application of collectively cited

Redundancy Payments Acts 1967 to 1991

not restricted (1.04.2000) by

National Minimum Wage Act 2000

(5/2000), s. 41(12), S.I. No. 96 of 2000.

Employer in financial

difficulty.

41.

— ...

(12) For the purposes of calculating an employee’s entitlement to a redundancy payment under the Redundancy Payments Acts, 1967 to

1991, any exemption under this section shall be ignored and the calculation made as

if the employee had been paid the national minimum hourly rate of pay to which he

or she was otherwise entitled under this Act, for the period of the exemption.

C4

Application of collectively cited

Redundancy Payments Acts 1967 to

1990

extended (1.05.1997) by

Labour Services Act Apprenticeship Rules

1997

(S.I. No. 168 of 1997), rule 7(1).

Dismissal

7. (1) Subject to 7 (2), no employer shall dismiss any apprentice save in strict accordance

with the provision of the Unfair Dismissals Acts 1977 and 1993, the Protection of

Employment Act 1977, the Minimum Notice and Terms of Employment Act 1973, and the

Redundancy Payments Acts 1967 to 1990.

...

Editorial Notes

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 18, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.08.1995) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rl. 7(1); revoked (1.05.1997) by

Labour Services Act Apprenticeship Rules 1997

(S.I. No. 168 of 1997), rl. 1(3).

E3

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.08.1994) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 228 of 1994), rl. 7(1); revoked (1.08.1995) by

Labour Services Act Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rl. 1(3).

E4

Previous affecting provision: application of collectively cited

Redundancy Payments Acts 1967 to 1990

extended (1.09.1993) by

Labour Services Act Apprenticeship Rules 1993

(S.I. No. 236 of 1993), rl. 7(1); revoked (1.09.1994) by

Labour Services Act Apprenticeship Rules 1994

(S.I. No. 228 of 1994), rl. 1(3).

E5

Previous affecting

provision: application of collectively cited

Redundancy Payments Acts 1967 to

1990

(‘relevant enactment‘ as per s. 1) extended (17.06.1991) by

Worker Protection (Regular Part-Time Employees) Act 1991

(5/1991), s. 3,

S.I. No. 144 of 1991; repealed (20.12.2001) by

Protection of Employees

(Part-Time Work) Act 2001

(45/2001), s. 5, S.I. No. 636 of 2001.

Section

1.

Definition.

2.

Extension of application of certain provisions of Acts.

3.

Provisions relating to persons who attain age of 70 years.

4.

Amendment of section 7 of Principal Act.

5.

Amendment of section 20 of Principal Act.

6.

Application of section 20 of Principal Act.

7.

Amendment of section 39 of Principal Act.

8.

Redundancy payment to certain employees dismissed before commencement of Act.

9.

Reference and appeal to the High Court.

10.

Presumptions by Tribunal.

11.

Right to redundancy payment by reason of lay-off or short-time.

12.

Time-limit on claims for redundancy payment.

13.

Rebates to employers from Redundancy Fund.

14.

Other payments to employees from Redundancy Fund.

15.

Provisions relating to special redundancy schemes.

16.

Offences relating to payments under Principal Act.

17.

Reciprocal arrangements.

18.

Aid to persons changing residence or undergoing certain training.

19.

Miscellaneous amendments of Principal Act.

20.

Short title, construction, collective citation and commencement.

SCHEDULE