IE
(LRC Revised)
Statutory Text (1 Articles)
Number 45 of 2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
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
Protection of Employees (Part-Time Work) Act 2001
. 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
45
of
2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
REVISED
Updated to 14 October
2020
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1.
Short title, collective citation and construction.
2.
Commencement.
3.
Interpretation (generally).
4.
Regulations and orders.
5.
Repeal.
6.
Expenses.
PART 2
Part-Time Work and the Rights of Part-Time Employees
7.
Interpretation (
Part 2
).
8.
Application of relevant enactments.
9.
Conditions of employment for part-time employees.
10.
Proportionate provision of certain conditions of employment.
11.
Part-time employees who work on a casual basis.
12.
Objective grounds for less favourable treatment.
13.
Review of obstacles to the performance of part-time work.
14.
Voidance of certain provisions.
15.
Prohibition of penalisation of employee by employer.
16.
[
Decision of adjudication officer under section 41 of the Workplace Relations Act 2015.
]
17.
[
Decision of Labour Court on appeal from a decision referred to in section 16.
]
18.
Enforcement of determinations of Labour Court.
19.
Non-application of
sections 16
to
18
.
PART 3
Miscellaneous
20.
Clarification of effect of certain enactments in relation to posted workers and other
persons having an employment relationship in the State.
21.
Amendment of section 14(2) of Protection of Employment Act, 1977.
SCHEDULE
Acts Referred to
Carer’s Leave Act, 2001
2001, No. 19
Civil Service Regulation Act, 1956
1956, No. 46
Courts Act, 1981
1981, No. 11
Employment Agency Act, 1971
1971, No. 27
Local Government Act, 1941
1941, No. 23
Minimum Notice and Terms of Employment Acts, 1973 and 1984
Organisation of Working Time Act, 1997
1997, No. 20
Protection of Employees (Employers’ Insolvency) Acts, 1984 and 1990
Protection of Employment Act, 1977
1977, No. 7
Redundancy Payments Act, 1967
1967, No. 21
Redundancy Payments Acts, 1967 to 1990
Terms of Employment (Information) Act, 1994
1994, No. 5
Trade Union Act, 1941
1941, No. 22
Unfair Dismissals Acts, 1977 to 1993
Worker Participation (State Enterprises) Acts, 1977 to 1993
Worker Protection (Regular Part-Time Employees) Act, 1991
1991, No. 5
Number
45
of
2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
REVISED
Updated to 14 October
2020
AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/81/EC OF 15 DECEMBER, 1997,
OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING THE FRAMEWORK AGREEMENT ON PART-TIME
WORK CONCLUDED BY UNICE, CEEP AND THE ETUC
1
, TO CLARIFY THE EFFECT CERTAIN ENACTMENTS RELATING TO EMPLOYEES HAVE IN CASES WHERE
THE EMPLOYEE CONCERNED IS A POSTED WORKER (WITHIN THE MEANING OF DIRECTIVE 96/71/EC
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 16 DECEMBER, 1996, CONCERNING THE
POSTING OF WORKERS IN THE FRAMEWORK OF THE PROVISION OF SERVICES
2
) OR OTHERWISE HAS AN EMPLOYMENT RELATIONSHIP IN THE STATE, TO AMEND SECTION 14(2)
OF THE PROTECTION OF EMPLOYMENT ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [15
th December
, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions
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 Employees (Part-Time
Work) Act 2001 (No. 45 of 2001)
...
C2
Application of collectively cited
Unfair Dismissals Acts 1977 to 2007
restricted
• (15.07.2015) by
European Union (Bank Recovery and Resolution) Regulations 2015
(S.I. No. 289 of 2015), reg. 40(4)(b), in effect as per reg. 1(2).
• (28.10.2011) by
Central Bank and Credit Institutions (Resolution) Act 2011
(27/2011) s. 70(3)(b), S.I. No. 548 of 2011.
• (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010) s. 23(3)(b), S.I. No. 623 of 2010.
• (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010) s. 44(6)(b), S.I. No. 623 of 2010.
• (21.01.2009) by
Anglo Irish Bank Corporation Act 2009
(1/2009), s. 19(5)(b), commenced on enactment.
The following is one version of the wording used but there are several
Power of special manager to remove officers, employees and others
70
.—...
(3) Nothing in
subsection (1)
or
(2)
deprives a person of any right to claim compensation or damages from that credit
institution for the loss of his or her office or appointment. However—
(
a
) a court, tribunal or rights commissioner may not grant any remedy that would have
the effect of preventing or restraining the special manager from exercising the special
manager’s powers under this section, and
(
b
) a court, tribunal or rights commissioner may not make an order under the Unfair
Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
C3
Application of collectively cited
Unfair Dismissals Acts 1977 to 2007
potentially restricted
• (1.08.2015) by
Industrial Relations (Amendment) Act 2015
(27/2015), s. 20(4), S.I. No. 329 of 2015.
• (1.08.2013) by
Central Bank (Supervision and Enforcement) Act 2013
(26/2013), s. 41(5), S.I. No. 287 of 2013.
• (6.07.2012) by
Property Services (Regulation) Act 2011
(40/2011), s. 67(5) and sch. 4, S.I. No. 198 of 2012.
• by
Charities Act 2009
(6/2009), s. 62(3), not commenced as of date of revision.
• (9.08.2011) by
Criminal Justice Act 2011
(22/2011), s. 20(4), S.I. No. 411 of 2011.
• by
Prevention of Corruption (Amendment) Act 2001
(27/2001), s. 8A(5), (6) and sch. 1 para. 3(8), as inserted (15.12.2010) by
Prevention of Corruption (Amendment) Act 2010
(33/2010), ss. 4 and 6, commenced on enactment.
• (1.06.2010) by
Inland Fisheries Act 2010
(10/2010), s. 38(3), commenced on enactment.
• by
Labour Services Act 1987
(15/1987), s. 13B(3), as inserted (20.01.2010) by
Labour Services (Amendment) Act 2009
(38/2009), s. 7, S.I. No. 12 of 2010.
• (21.12.2009) by
National Asset Management Agency Act 2009
(34/2009), s. 223(5), S.I. No. 545 of 2009.
• by
Health Act 2004
(42/2004), s. 55M(4), as inserted (1.03.2009) by
Health Act 2007
(23/2007), s. 103(1), S.I. No. 27 of 2009.
• (15.07.2008) by
Chemicals Act 2008
(13/2008), s. 26(3), S.I. No. 273 of 2008.
• (27.05.2008) by
European Communities (Cross-Border Mergers) Regulations 2008
(S.I. No. 157 of 2008), reg. 39(9).
• by
European Communities (European Aviation Safety Agency) Regulations 2003
(S.I. No. 469 of 2003), reg. 10(4), as inserted (8.04.2008) by
European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008
(S.I. No. 95 of 2008), regs. 3(d).
• (13.06.2007) by
European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007
(S.I. No. 285 of 2007), reg. 9(7).
• (29.05.2007) by
European Communities (European Cooperative Society) (Employee Involvement) Regulations
2007
(S.I. No. 259 of 2007), reg. 20(8).
• (1.05.2007) by
Consumer Protection Act 2007
(19/2007), s. 87(3), (4) and sch. 6, para. 4(2), S.I. No. 178 of 2007.
• (1.01.2007) by
Employment Permits Act 2006
(16/2006), s. 26(5), S.I. No. 682 of 2006.
• (14.12.2006) by
European Communities (European Public Limited-Liability Company) (Employee Involvement)
Regulations 2006
(S.I. No. 623 of 2006), reg. 19(8).
• (24.07.2006) by
Employees (Provision of Information and Consultation) Act 2006
(9/2006), s. 13(7), S.I. No. 382 of 2006.
• by
Parental Leave Act 1998
(30/1998), s. 16A(3) as inserted (18.05.2006) by
Parental Leave (Amendment) Act 2006
(13/2006), s. 11, commenced on enactment.
• (1.09.2005) by
Safety, Health and Welfare at Work Act 2005
(10/2005), s. 27(5), S.I. No. 328 of 2005.
• (14.07.2003) by
Protection of Employees (Fixed-Term Work) Act 2003
(29/2003), s. 18(1), commenced on enactment.
• (11.04.2003) by
European Communities (Protection of Employees on Transfer of Undertakings) Regulations
2003
(S.I. No. 131 of 2003), reg. 5(4).
• (1.07.2002) by
Competition Act 2002
(14/2002), s. 50(3), (4) and sch. 3, para. 3, S.I. No. 199 of 2002.
• (2.07.2001) by C
arers’ Leave Act 2001
(19/2001), s. 16(3), commenced on enactment.
• (23.01.1999) by
Protections for Persons Reporting Child Abuse Act 1998
(49/1998), s. 4(3), commenced as per s. 7(2).
• (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 26(2), S.I. No. 392 of 1997
The following is one version of the wording used, but there are many variations.
Prohibition on penalisation.
38.— ...
(3) If the penalisation of an employee, in contravention of subsection (1), constitutes
a dismissal of the employee (within the meaning of the Unfair Dismissals Acts 1977
to 2007), relief may not be granted to the employee in respect of that penalisation
both under Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.
C4
Application of collectively cited
Worker Participation (State Enterprises) Acts 1977 to 2001
restricted (27.09.2006) by
Aer Lingus Act 2004
(10/2004), s. 6(2), S.I. No. 476 of 2006.
Number of directors of company and of worker directors under Worker Participation
(State Enterprises) Acts 1977 to 2001
6.
— ...
(2) Notwithstanding anything contained in the Worker Participation (State Enterprises)
Acts 1977 to 2001, or any order or warrant made under those Acts, with effect from
the commencement of this subsection those Acts shall cease to apply to the Company,
and any person appointed a director of the Company under
section 15 of the Worker Participation (State Enterprises) Act 1977
and holding such office immediately prior to such commencement shall thereupon cease
to hold such office.
C5
Application of collectively cited
Unfair Dismissals Acts 1977 to 1993
potentially restricted by
Employment Equality Act 1998
(21/1998), s. 101(2)(b), (4), (5) and sch. (as amended) and s. 101A as inserted (18.07.2004)
by
Equality Act 2004
(24/2004), ss. 43, 46 and 66(3)(f)(vii), commenced on enactment. The application
of the above sections was previously extended with modification by
Pensions Act 1990
(25/1990), s. 81J and sch. 4 as inserted (5.04.2004) by
Social Welfare (Miscellaneous Provisions) Act 2004
(9/2004), s. 22, S.I. No. 141 of 2004, listing alternative provisions for the purposes
of Part VII of
Pensions Act 1990
and amending
Pensions Act 1990
, sch. 4.
Alternative avenues of redress
101.
—
...
[
(2) Where an individual has referred a case to the Director under section 77(1) and
either a settlement has been reached by mediation or the Director has begun an investigation
under section 79, the individual— ...
(
b
) if he or she was dismissed before so referring the case, shall not be entitled to
seek redress (or to exercise, or continue to exercise, any other power) under the
Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal
[
, unless the Director, having completed the investigation and in an appropriate case,
directs otherwise and so notifies the complainant and respondent.
]]
...
(4)
[
An employee who has been dismissed shall not be entitled to seek redress under this
Part in respect of the dismissal if—
]
(
a
)
the employee has instituted proceedings for damages at common law for wrongful dismissal
and the hearing of the case has begun,
(
b
)
in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights
commissioner has issued a recommendation in respect of the dismissal, or
(
c
)
the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.
[
(5) Where the Director issues a direction under subsection (2)(
b
), the resulting entitlement of the employee under that subsection is deemed to have
effect from the date of the direction.
]
Parallel claims.
101A.
—Where the conduct of an employer constitutes both a contravention of Part III or IV
and a contravention of either the Protection of Employees (Part-Time Work) Act 2001
or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted
to the employee concerned in respect of the conduct under both this Act and either
of the said Acts.
Table heading: Substituted words for the purposes of Part VII
(2) Where the conduct of an employer constitutes both a contravention of Part VII
of the Pensions Act 1990 and a contravention of either the Protection of Employees
(Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003,
relief may not be granted to the employee concerned in respect of the conduct under
both this Act as it applies to Part VII of the Pensions Act 1990 and either of the
said Acts.
C6
Application of collectively cited
Worker Participation (State Enterprises) Acts 1977 to 2001
restricted (24.08.2004) by
Aer Lingus Act 2004
(10/2004), s. 6(4), S.I. No. 455 of 2006.
Number of directors of Company and of worker directors under Worker Participation
(State Enterprises) Acts 1977 to 2001.
6.
— ...
(4) Notwithstanding anything contained in the Worker Participation (State Enterprises)
Acts 1977 to 2001, or any order or warrant made under those Acts, the Minister may
by order reduce the number of directors of the Company appointed pursuant to those
Acts.
...
C7
Power to make regulations in relation to Act provided by
Pensions Act 1990
(25/1990), s. 5(5), as inserted (1.06.2002) by
Pensions (Amendment) Act 2002
(18/2002), s. 10, S.I. No. 276 of 2002.
Regulations generally
5.
— ...
(5) The Minister may, after consultation with the Minister for Enterprise, Trade and
Employment and with the consent of the Minister for Finance, make regulations prescribing
any matter or thing in relation to a scheme or PRSA for the purpose of enabling any
provision of the Protection of Employees (Part-Time Work) Act, 2001 to have full effect.
C8
Application of collectively cited
Worker Participation (State Enterprise) Acts
excluded
• (3.07.2001) by
Nitrigin Eireann Teoranta Act 2001
(21/2001) s. 5(1), commenced on enactment.
• (8.12.1993) by
Irish Aviation Authority Act 1993
(29/1993), s. 71, S.I. No. 355 of 1993
• (31.01.1992) by
B & I Line Act 1991
(29/1991), s. 7, S.I. No. 25 of 1992 .
The following is one of similar versions of the wording used.
Non-application
5.
—(1) Notwithstanding any provision of the Worker Participation (State Enterprises)
Acts, 1977 and 1988, those Acts shall cease to apply to the Company and accordingly
the directors of the Company appointed under
section 15 of the Worker Participation (State Enterprises) Act, 1977
, shall cease to hold office.
(2) This section shall come into operation on such day as the Minister may by order
appoint.
C9
Application of collectively cited
Worker Participation (State Enterprise) Acts 1977 to 1993
restricted (9.04.1999) by
Postal and Telecommunications Services (Amendment) Act 1999
(5/1999) s. 6(1), S.I No. 87 of 1999, subject to transitional provision in subs.
(2).
Employee directors
6.
—(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply
to Bord Telecom Éireann p.l.c.
(2) Notwithstanding
subsection (1)
and the repeal by this Act of section 10 of the Act of 1996, the term of office of
any employee director appointed in accordance with the Worker Participation (State
Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed
under the said section 10 and servicing upon the commencement of this section shall
continue until such date as may be specified by the Minister.
C10
Power to make order in relation to collectively cited
Worker Participation (State Enterprises) Acts 1977 and 2001
provided (12.06.1998) by
Worker Participation (State Enterprises) Act 1988
(13/1988), s. 9(2), commenced on enactment.
Power to extend Worker Participation (State Enterprises) Acts, 1977 and 1988 to certain
subsidiaries.
9.
— ...
(2) Subject to subsection (3) of this section, the Minister may as regards a particular
subsidiary to which this section applies, by order provide that any employee of the
subsidiary shall, for the purpose of the Worker Participation (State Enterprises)
Acts, 1977 and 1988, be regarded as an employee of the designated body (which shall
be named in the order).
C11
Application of collectively cited
Worker Participation (State Enterprises) Act 1977 to 1993
extended to Bord na Móna (7.07.1998) by
Turf Development Act 1998
(26/1998), s. 59, commenced on enactment.
Application of Worker Participation (State Enterprises) Acts, 1977 to 1993.
59.
—The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall apply to the
Company as if it were a designated body (within the meaning of those Acts).
C12
Application of collectively cited
Redundancy Payments Acts 1967 to 1991
,
Minimum Notice and Terms of Employment Acts 1973 to 1991
and
Unfair Dismissals Acts 1977 to 1993
extended
• (3.12.1998) by
Parental Leave Act 1998
(30/1998), s. 25(3), commenced as per s. 1(2).
• (30.1.1995) by
Maternity Protection Act 1994
(34/1994), s. 40(2) and (3), S.I. No. 16 of 1995.
The following is one of similar versions of the wording used.
Amendment of enactments.
25.
—
...
(3)
An employee who is entitled to return to work in the employment concerned in accordance
with
section 15
but is not permitted by his or her employer to do so—
(
a
)
shall be deemed to have been dismissed on the date on which he or she was entitled
to return to work as aforesaid and the dismissal shall be deemed, for the purposes
of the Unfair Dismissal Acts, 1977 to 1993, to have been an unfair dismissal unless,
having regard to all the circumstances, there were substantial grounds justifying
the dismissal,
(
b
)
shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to 1991, to
have been dismissed by reason of redundancy on the date aforesaid, and
(
c
)
shall be deemed for the purposes of the Minimum Notice and Terms of Employment Acts,
1973 to 1991, to have had his or her contract of employment with his or her employer
terminated on the date aforesaid.
C13
Power to amend decision under Act and other Acts with which it is collectively cited
provided (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 39(2) (as amended), S.I. No. 392 of 1997.
Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain
cases.
39.
—
(1)
In this section “relevant authority” means a rights commissioner, the Employment Appeals Tribunal or the Labour Court.
(2)
A decision (by whatever name called) of a relevant authority under this Act or an
enactment
[
or statutory instrument
]
referred to in the Table to this subsection that does not state correctly the name
of the employer concerned or any other material particular may, on application being
made in that behalf to the authority by any party concerned, be amended by the authority
so as to state correctly the name of the employer concerned or the other material
particular.
TABLE
...
Minimum Notice and Terms of Employment Acts, 1973 to 1991
...
Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991
...
Redundancy Payments Acts, 1967 to 1991
Terms of Employment (Information) Act, 1994
Unfair Dismissals Acts, 1977 to 1993
...
[
Protection of Employees (Part-Time Work) Act 2001
]
...
...
Editorial Notes
E1
Act and collectively cited
Minimum Notice and Terms of Employment Acts 1973 to 2005
,
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012
,
Redundancy Payments Acts 1967 to 2014
,
Terms of Employment (Information) Acts 1994 to 2014
,
Unfair Dismissals Acts 1977 to 2007
and
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 2 items 12, 16, 18, 20, 14, 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), not commenced as of date of revision.
E2
Funding for expenses in giving effect to collectively cited
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2004
and
Redundancy Payments Acts 1967 to 2003
provided (1.12.2005) by
Social Welfare Consolidation Act 2005
(26/2005), ss. 5(6) and 6(1), S.I. No. 923 of 2005.
E3
Previous affecting provision: functions 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.
E4
Previous affecting provision: application of collectively cited
Worker Participation (State Enterprises) Acts
potentially excluded with savings (16.12.1996 and 19.12.1996) by
Telecommunications (Miscellaneous Provisions) Act 1996
(34/1996), s. 10, S.I. No. 385 of 1996; repealed (9.04.1999) by
Postal and Telecommunications Services (Amendment) Act 1999
(5/1999), s. 3 and sch.
Annotations
Modifications (not altering text)
C1
Functions
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 Employees (Part-Time
Work) Act 2001 (No. 45 of 2001)
...
C2
Application of collectively cited
Unfair Dismissals Acts 1977 to 2007
restricted
• (15.07.2015) by
European Union (Bank Recovery and Resolution) Regulations 2015
(S.I. No. 289 of 2015), reg. 40(4)(b), in effect as per reg. 1(2).
• (28.10.2011) by
Central Bank and Credit Institutions (Resolution) Act 2011
(27/2011) s. 70(3)(b), S.I. No. 548 of 2011.
• (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010) s. 23(3)(b), S.I. No. 623 of 2010.
• (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010) s. 44(6)(b), S.I. No. 623 of 2010.
• (21.01.2009) by
Anglo Irish Bank Corporation Act 2009
(1/2009), s. 19(5)(b), commenced on enactment.
The following is one version of the wording used but there are several
Power of special manager to remove officers, employees and others
70
.—...
(3) Nothing in
subsection (1)
or
(2)
deprives a person of any right to claim compensation or damages from that credit
institution for the loss of his or her office or appointment. However—
(
a
) a court, tribunal or rights commissioner may not grant any remedy that would have
the effect of preventing or restraining the special manager from exercising the special
manager’s powers under this section, and
(
b
) a court, tribunal or rights commissioner may not make an order under the Unfair
Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
C3
Application of collectively cited
Unfair Dismissals Acts 1977 to 2007
potentially restricted
• (1.08.2015) by
Industrial Relations (Amendment) Act 2015
(27/2015), s. 20(4), S.I. No. 329 of 2015.
• (1.08.2013) by
Central Bank (Supervision and Enforcement) Act 2013
(26/2013), s. 41(5), S.I. No. 287 of 2013.
• (6.07.2012) by
Property Services (Regulation) Act 2011
(40/2011), s. 67(5) and sch. 4, S.I. No. 198 of 2012.
• by
Charities Act 2009
(6/2009), s. 62(3), not commenced as of date of revision.
• (9.08.2011) by
Criminal Justice Act 2011
(22/2011), s. 20(4), S.I. No. 411 of 2011.
• by
Prevention of Corruption (Amendment) Act 2001
(27/2001), s. 8A(5), (6) and sch. 1 para. 3(8), as inserted (15.12.2010) by
Prevention of Corruption (Amendment) Act 2010
(33/2010), ss. 4 and 6, commenced on enactment.
• (1.06.2010) by
Inland Fisheries Act 2010
(10/2010), s. 38(3), commenced on enactment.
• by
Labour Services Act 1987
(15/1987), s. 13B(3), as inserted (20.01.2010) by
Labour Services (Amendment) Act 2009
(38/2009), s. 7, S.I. No. 12 of 2010.
• (21.12.2009) by
National Asset Management Agency Act 2009
(34/2009), s. 223(5), S.I. No. 545 of 2009.
• by
Health Act 2004
(42/2004), s. 55M(4), as inserted (1.03.2009) by
Health Act 2007
(23/2007), s. 103(1), S.I. No. 27 of 2009.
• (15.07.2008) by
Chemicals Act 2008
(13/2008), s. 26(3), S.I. No. 273 of 2008.
• (27.05.2008) by
European Communities (Cross-Border Mergers) Regulations 2008
(S.I. No. 157 of 2008), reg. 39(9).
• by
European Communities (European Aviation Safety Agency) Regulations 2003
(S.I. No. 469 of 2003), reg. 10(4), as inserted (8.04.2008) by
European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008
(S.I. No. 95 of 2008), regs. 3(d).
• (13.06.2007) by
European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007
(S.I. No. 285 of 2007), reg. 9(7).
• (29.05.2007) by
European Communities (European Cooperative Society) (Employee Involvement) Regulations
2007
(S.I. No. 259 of 2007), reg. 20(8).
• (1.05.2007) by
Consumer Protection Act 2007
(19/2007), s. 87(3), (4) and sch. 6, para. 4(2), S.I. No. 178 of 2007.
• (1.01.2007) by
Employment Permits Act 2006
(16/2006), s. 26(5), S.I. No. 682 of 2006.
• (14.12.2006) by
European Communities (European Public Limited-Liability Company) (Employee Involvement)
Regulations 2006
(S.I. No. 623 of 2006), reg. 19(8).
• (24.07.2006) by
Employees (Provision of Information and Consultation) Act 2006
(9/2006), s. 13(7), S.I. No. 382 of 2006.
• by
Parental Leave Act 1998
(30/1998), s. 16A(3) as inserted (18.05.2006) by
Parental Leave (Amendment) Act 2006
(13/2006), s. 11, commenced on enactment.
• (1.09.2005) by
Safety, Health and Welfare at Work Act 2005
(10/2005), s. 27(5), S.I. No. 328 of 2005.
• (14.07.2003) by
Protection of Employees (Fixed-Term Work) Act 2003
(29/2003), s. 18(1), commenced on enactment.
• (11.04.2003) by
European Communities (Protection of Employees on Transfer of Undertakings) Regulations
2003
(S.I. No. 131 of 2003), reg. 5(4).
• (1.07.2002) by
Competition Act 2002
(14/2002), s. 50(3), (4) and sch. 3, para. 3, S.I. No. 199 of 2002.
• (2.07.2001) by C
arers’ Leave Act 2001
(19/2001), s. 16(3), commenced on enactment.
• (23.01.1999) by
Protections for Persons Reporting Child Abuse Act 1998
(49/1998), s. 4(3), commenced as per s. 7(2).
• (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 26(2), S.I. No. 392 of 1997
The following is one version of the wording used, but there are many variations.
Prohibition on penalisation.
38.— ...
(3) If the penalisation of an employee, in contravention of subsection (1), constitutes
a dismissal of the employee (within the meaning of the Unfair Dismissals Acts 1977
to 2007), relief may not be granted to the employee in respect of that penalisation
both under Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.
C4
Application of collectively cited
Worker Participation (State Enterprises) Acts 1977 to 2001
restricted (27.09.2006) by
Aer Lingus Act 2004
(10/2004), s. 6(2), S.I. No. 476 of 2006.
Number of directors of company and of worker directors under Worker Participation
(State Enterprises) Acts 1977 to 2001
6.
— ...
(2) Notwithstanding anything contained in the Worker Participation (State Enterprises)
Acts 1977 to 2001, or any order or warrant made under those Acts, with effect from
the commencement of this subsection those Acts shall cease to apply to the Company,
and any person appointed a director of the Company under
section 15 of the Worker Participation (State Enterprises) Act 1977
and holding such office immediately prior to such commencement shall thereupon cease
to hold such office.
C5
Application of collectively cited
Unfair Dismissals Acts 1977 to 1993
potentially restricted by
Employment Equality Act 1998
(21/1998), s. 101(2)(b), (4), (5) and sch. (as amended) and s. 101A as inserted (18.07.2004)
by
Equality Act 2004
(24/2004), ss. 43, 46 and 66(3)(f)(vii), commenced on enactment. The application
of the above sections was previously extended with modification by
Pensions Act 1990
(25/1990), s. 81J and sch. 4 as inserted (5.04.2004) by
Social Welfare (Miscellaneous Provisions) Act 2004
(9/2004), s. 22, S.I. No. 141 of 2004, listing alternative provisions for the purposes
of Part VII of
Pensions Act 1990
and amending
Pensions Act 1990
, sch. 4.
Alternative avenues of redress
101.
—
...
[
(2) Where an individual has referred a case to the Director under section 77(1) and
either a settlement has been reached by mediation or the Director has begun an investigation
under section 79, the individual— ...
(
b
) if he or she was dismissed before so referring the case, shall not be entitled to
seek redress (or to exercise, or continue to exercise, any other power) under the
Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal
[
, unless the Director, having completed the investigation and in an appropriate case,
directs otherwise and so notifies the complainant and respondent.
]]
...
(4)
[
An employee who has been dismissed shall not be entitled to seek redress under this
Part in respect of the dismissal if—
]
(
a
)
the employee has instituted proceedings for damages at common law for wrongful dismissal
and the hearing of the case has begun,
(
b
)
in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights
commissioner has issued a recommendation in respect of the dismissal, or
(
c
)
the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.
[
(5) Where the Director issues a direction under subsection (2)(
b
), the resulting entitlement of the employee under that subsection is deemed to have
effect from the date of the direction.
]
Parallel claims.
101A.
—Where the conduct of an employer constitutes both a contravention of Part III or IV
and a contravention of either the Protection of Employees (Part-Time Work) Act 2001
or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted
to the employee concerned in respect of the conduct under both this Act and either
of the said Acts.
Table heading: Substituted words for the purposes of Part VII
(2) Where the conduct of an employer constitutes both a contravention of Part VII
of the Pensions Act 1990 and a contravention of either the Protection of Employees
(Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003,
relief may not be granted to the employee concerned in respect of the conduct under
both this Act as it applies to Part VII of the Pensions Act 1990 and either of the
said Acts.
C6
Application of collectively cited
Worker Participation (State Enterprises) Acts 1977 to 2001
restricted (24.08.2004) by
Aer Lingus Act 2004
(10/2004), s. 6(4), S.I. No. 455 of 2006.
Number of directors of Company and of worker directors under Worker Participation
(State Enterprises) Acts 1977 to 2001.
6.
— ...
(4) Notwithstanding anything contained in the Worker Participation (State Enterprises)
Acts 1977 to 2001, or any order or warrant made under those Acts, the Minister may
by order reduce the number of directors of the Company appointed pursuant to those
Acts.
...
C7
Power to make regulations in relation to Act provided by
Pensions Act 1990
(25/1990), s. 5(5), as inserted (1.06.2002) by
Pensions (Amendment) Act 2002
(18/2002), s. 10, S.I. No. 276 of 2002.
Regulations generally
5.
— ...
(5) The Minister may, after consultation with the Minister for Enterprise, Trade and
Employment and with the consent of the Minister for Finance, make regulations prescribing
any matter or thing in relation to a scheme or PRSA for the purpose of enabling any
provision of the Protection of Employees (Part-Time Work) Act, 2001 to have full effect.
C8
Application of collectively cited
Worker Participation (State Enterprise) Acts
excluded
• (3.07.2001) by
Nitrigin Eireann Teoranta Act 2001
(21/2001) s. 5(1), commenced on enactment.
• (8.12.1993) by
Irish Aviation Authority Act 1993
(29/1993), s. 71, S.I. No. 355 of 1993
• (31.01.1992) by
B & I Line Act 1991
(29/1991), s. 7, S.I. No. 25 of 1992 .
The following is one of similar versions of the wording used.
Non-application
5.
—(1) Notwithstanding any provision of the Worker Participation (State Enterprises)
Acts, 1977 and 1988, those Acts shall cease to apply to the Company and accordingly
the directors of the Company appointed under
section 15 of the Worker Participation (State Enterprises) Act, 1977
, shall cease to hold office.
(2) This section shall come into operation on such day as the Minister may by order
appoint.
C9
Application of collectively cited
Worker Participation (State Enterprise) Acts 1977 to 1993
restricted (9.04.1999) by
Postal and Telecommunications Services (Amendment) Act 1999
(5/1999) s. 6(1), S.I No. 87 of 1999, subject to transitional provision in subs.
(2).
Employee directors
6.
—(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply
to Bord Telecom Éireann p.l.c.
(2) Notwithstanding
subsection (1)
and the repeal by this Act of section 10 of the Act of 1996, the term of office of
any employee director appointed in accordance with the Worker Participation (State
Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed
under the said section 10 and servicing upon the commencement of this section shall
continue until such date as may be specified by the Minister.
C10
Power to make order in relation to collectively cited
Worker Participation (State Enterprises) Acts 1977 and 2001
provided (12.06.1998) by
Worker Participation (State Enterprises) Act 1988
(13/1988), s. 9(2), commenced on enactment.
Power to extend Worker Participation (State Enterprises) Acts, 1977 and 1988 to certain
subsidiaries.
9.
— ...
(2) Subject to subsection (3) of this section, the Minister may as regards a particular
subsidiary to which this section applies, by order provide that any employee of the
subsidiary shall, for the purpose of the Worker Participation (State Enterprises)
Acts, 1977 and 1988, be regarded as an employee of the designated body (which shall
be named in the order).
C11
Application of collectively cited
Worker Participation (State Enterprises) Act 1977 to 1993
extended to Bord na Móna (7.07.1998) by
Turf Development Act 1998
(26/1998), s. 59, commenced on enactment.
Application of Worker Participation (State Enterprises) Acts, 1977 to 1993.
59.
—The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall apply to the
Company as if it were a designated body (within the meaning of those Acts).
C12
Application of collectively cited
Redundancy Payments Acts 1967 to 1991
,
Minimum Notice and Terms of Employment Acts 1973 to 1991
and
Unfair Dismissals Acts 1977 to 1993
extended
• (3.12.1998) by
Parental Leave Act 1998
(30/1998), s. 25(3), commenced as per s. 1(2).
• (30.1.1995) by
Maternity Protection Act 1994
(34/1994), s. 40(2) and (3), S.I. No. 16 of 1995.
The following is one of similar versions of the wording used.
Amendment of enactments.
25.
—
...
(3)
An employee who is entitled to return to work in the employment concerned in accordance
with
section 15
but is not permitted by his or her employer to do so—
(
a
)
shall be deemed to have been dismissed on the date on which he or she was entitled
to return to work as aforesaid and the dismissal shall be deemed, for the purposes
of the Unfair Dismissal Acts, 1977 to 1993, to have been an unfair dismissal unless,
having regard to all the circumstances, there were substantial grounds justifying
the dismissal,
(
b
)
shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to 1991, to
have been dismissed by reason of redundancy on the date aforesaid, and
(
c
)
shall be deemed for the purposes of the Minimum Notice and Terms of Employment Acts,
1973 to 1991, to have had his or her contract of employment with his or her employer
terminated on the date aforesaid.
C13
Power to amend decision under Act and other Acts with which it is collectively cited
provided (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 39(2) (as amended), S.I. No. 392 of 1997.
Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain
cases.
39.
—
(1)
In this section “relevant authority” means a rights commissioner, the Employment Appeals Tribunal or the Labour Court.
(2)
A decision (by whatever name called) of a relevant authority under this Act or an
enactment
[
or statutory instrument
]
referred to in the Table to this subsection that does not state correctly the name
of the employer concerned or any other material particular may, on application being
made in that behalf to the authority by any party concerned, be amended by the authority
so as to state correctly the name of the employer concerned or the other material
particular.
TABLE
...
Minimum Notice and Terms of Employment Acts, 1973 to 1991
...
Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991
...
Redundancy Payments Acts, 1967 to 1991
Terms of Employment (Information) Act, 1994
Unfair Dismissals Acts, 1977 to 1993
...
[
Protection of Employees (Part-Time Work) Act 2001
]
...
...
Editorial Notes
E1
Act and collectively cited
Minimum Notice and Terms of Employment Acts 1973 to 2005
,
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012
,
Redundancy Payments Acts 1967 to 2014
,
Terms of Employment (Information) Acts 1994 to 2014
,
Unfair Dismissals Acts 1977 to 2007
and
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 2 items 12, 16, 18, 20, 14, 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), not commenced as of date of revision.
E2
Funding for expenses in giving effect to collectively cited
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2004
and
Redundancy Payments Acts 1967 to 2003
provided (1.12.2005) by
Social Welfare Consolidation Act 2005
(26/2005), ss. 5(6) and 6(1), S.I. No. 923 of 2005.
E3
Previous affecting provision: functions 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.
E4
Previous affecting provision: application of collectively cited
Worker Participation (State Enterprises) Acts
potentially excluded with savings (16.12.1996 and 19.12.1996) by
Telecommunications (Miscellaneous Provisions) Act 1996
(34/1996), s. 10, S.I. No. 385 of 1996; repealed (9.04.1999) by
Postal and Telecommunications Services (Amendment) Act 1999
(5/1999), s. 3 and sch.