(LRC Revised)

Number 7 of 1977

PROTECTION OF EMPLOYMENT ACT 1977

REVISED

Updated to 1 July 2024

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

Protection of Employment Act 1977

. 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

Employment Permits Act

2024

(17/2024), enacted 25 June 2024, and all statutory instruments up to and

including the

Protection of Employment Act 1977 (Notification of Proposed Collective

Redundancies) Regulations 2024

(S.I. No. 324 of 2024), made 1 July 2024, 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

7

of

1977

PROTECTION OF EMPLOYMENT ACT 1977

REVISED

Updated to 1 July

2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations and orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Meaning of collective redundancies.

7.

Application and non-application of Act.

8.

Calculation of normal number of employees.

PART II

Consultation and Notification

9.

Obligation on employer to consult employee’ representatives.

10.

Obligation on employer to supply certain information.

10A.

Application of sections 9 and 10.

11.

Penalty for contravention of section 9 or 10.

11A.

Decision of adjudication officer under section 41 of Workplace Relations Act 2015.

11B.

Decision of Labour Court on appeal from decision referred to in section 11A.

12.

Obligation on employer to notify Minister of proposed redundancies.

13.

Penalty for contravention of section 12.

PART III

Commencement of Collective Redundancies

14.

Collective redundancies not to take effect for 30 days.

15.

Further consultations with Minister.

16.

Saver for employees’ rights to notice, etc.

17.

Provisions relating to authorised officers.

PART IV

Miscellaneous

18.

Records to be kept by employers.

19.

Certain provisions to be null and void.

20.

Notices, etc. to Minister.

21.

Proceedings under Act.

22.

Mitigation of penalty for certain offences.

Number

7

of

1977

PROTECTION OF EMPLOYMENT ACT 1977

REVISED

Updated to 1 July 2024

AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE DIRECTIVE OF THE COUNCIL OF THE EUROPEAN

COMMUNITIES DONE AT BRUSSELS ON THE 17

th

DAY OF FEBRUARY, 1975, REGARDING THE APPROXIMATION OF THE LAWS OF MEMBER STATES OF

THOSE COMMUNITIES RELATING TO COLLECTIVE REDUNDANCIES, AND TO PROVIDE FOR OTHER MATTERS

RELATING TO THAT MATTER. [5

th April

, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions under

collectively cited

Protection of Employment Acts

transferred and references

construed (14.10.2020) by

Employment Affairs and Employment Law (Transfer of

Departmental Administration and Ministerial Functions) Order 2020

(S.I. No.

438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Protection of Employment Acts 1977

to 2014

...

Editorial Notes

E1

Collectively cited

Protection of Employment Acts 1977 to 2014

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 19, 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).

E2

Previous affecting provision: functions under collectively cited

Protection of Employment Acts 1977 to 2014

transferred and

“Minister for” and “Department of Jobs, Enterprise and

Innovation” construed (1.09.2017) by

Labour Affairs and Labour Law

(Transfer of Departmental Administration and Ministerial Functions) Order

2017

(S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2),

subject to transitional provisions in arts. 4, 5; superseded as per C-note

above.

Annotations

Modifications (not altering text)

C1

Functions under

collectively cited

Protection of Employment Acts

transferred and references

construed (14.10.2020) by

Employment Affairs and Employment Law (Transfer of

Departmental Administration and Ministerial Functions) Order 2020

(S.I. No.

438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Protection of Employment Acts 1977

to 2014

...

Editorial Notes

E1

Collectively cited

Protection of Employment Acts 1977 to 2014

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 19, 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).

E2

Previous affecting provision: functions under collectively cited

Protection of Employment Acts 1977 to 2014

transferred and

“Minister for” and “Department of Jobs, Enterprise and

Innovation” construed (1.09.2017) by

Labour Affairs and Labour Law

(Transfer of Departmental Administration and Ministerial Functions) Order

2017

(S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2),

subject to transitional provisions in arts. 4, 5; superseded as per C-note

above.

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations and orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Meaning of collective redundancies.

7.

Application and non-application of Act.

8.

Calculation of normal number of employees.

PART II

Consultation and Notification

9.

Obligation on employer to consult employee’ representatives.

10.

Obligation on employer to supply certain information.

10A.

Application of sections 9 and 10.

11.

Penalty for contravention of section 9 or 10.

11A.

Decision of adjudication officer under section 41 of Workplace Relations Act 2015.

11B.

Decision of Labour Court on appeal from decision referred to in section 11A.

12.

Obligation on employer to notify Minister of proposed redundancies.

13.

Penalty for contravention of section 12.

PART III

Commencement of Collective Redundancies

14.

Collective redundancies not to take effect for 30 days.

15.

Further consultations with Minister.

16.

Saver for employees’ rights to notice, etc.

17.

Provisions relating to authorised officers.

PART IV

Miscellaneous

18.

Records to be kept by employers.

19.

Certain provisions to be null and void.

20.

Notices, etc. to Minister.

21.

Proceedings under Act.

22.

Mitigation of penalty for certain offences.

Number

7

of

1977