(LRC Revised)

Number 27 of 2007

PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007

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 Employment (Exceptional Collective Redundancies and Related Matters)

Act 2007

. 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

27

of

2007

PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS)

ACT 2007

REVISED

Updated to 14 October

2020

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction and collective citation.

2. Definitions.

3. Duration of effect of

Part 2

and related matters.

PART 2

Exceptional Collective Redundancies

4. What constitutes exceptional collective redundancies.

5. Redundancy Panel.

6. Reference to Redundancy Panel.

7. Request by Minister for opinion of Labour Court.

8. Hearings, and giving of opinions, by Labour Court.

9. Effect of opinion.

10. Extension of time during which dismissal may not take place.

PART 3

Amendments of the Protection of Employment Act 1977

11. Amendment of section 2 (interpretation) of the Protection of Employment Act 1977.

12. Amendment of section 9 (obligation on employer to consult employees’ representatives) of the Protection of Employment Act 1977.

13. Further amendments (penalties) of the Protection of Employment Act 1977.

PART 4

Amendments of the Redundancy Payments Act 1967

14. Amendment of section 2 (interpretation) of the Redundancy Payments Act 1967.

15. Amendment of section 4 (classes of persons to which this Act applies) of the Redundancy

Payments Act 1967.

16. Amendment of section 7 (general right to redundancy payment) of the Redundancy

Payments Act 1967.

17. Amendment of section 38 (decisions by deciding officers) of the Redundancy Payments

Act 1967.

18. Amendment of section 39 (Redundancy Appeals Tribunal and appeals and references

thereto) of the Redundancy Payments Act 1967.

19. Further amendments (penalties) of the Redundancy Payments Act 1967.

PART 5

Amendments of the Redundancy Payments Act 1971

20. Repeal of section 3 (provisions relating to persons reaching qualifying age for

old age pension) of the Redundancy Payments Act 1971.

21. Amendment of section 16 (offences relating to payments under Principal Act) of

the Redundancy Payments Act 1971.

PART 6

Amendments of the Redundancy Payments Act 1979

22. Amendment of section 1 (definitions) of the Redundancy Payments Act 1979.

23. Repeal of section 5 (provisions relating to persons reaching qualifying age for

old age pension) of the Redundancy Payments Act 1979.

PART 7

Amendments of the Unfair Dismissals Act 1977

24. Amendment of section 1 (definitions) of the Unfair Dismissals Act 1977.

25. Amendment of section 2 (exclusions) of the Unfair Dismissals Act 1977.

26. Amendment of section 5 (dismissal by way of lock-out or for taking part in strike)

of the Unfair Dismissals Act 1977.

PART 8

Amendments of the Employment Equality Act 1998

27. Amendment of section 17 (compliance with statutory requirements, etc.) of the

Employment Equality Act 1998.

Acts Referred to

Employment Equality Act 1998

1998, No. 21

Employment Equality Acts 1998 and 2004

Equality Act 2004

2004, No. 24

European Parliament Elections Act 1997

1997, No. 2

Industrial Relations Act 1946

1946, No. 26

National Minimum Wage Act 2000

2000, No. 5

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protection of Employment Act 1977

1977, No. 7

Protection of Young Persons (Employment) Act 1996

1996, No. 16

Redundancy Payments Act 1967

1967, No. 21

Redundancy Payments Act 1971

1971, No. 20

Redundancy Payments Act 1979

1979, No. 7

Redundancy Payments Acts 1967 to 2003

Social Welfare Consolidation Act 2005

2005, No. 26

Taxes Consolidation Act 1997

1997, No. 39

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2005

Unfair Dismissals (Amendment) Act 1993

1993, No. 22

Number

27

of

2007

PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS)

ACT 2007

REVISED

Updated to 14 October

2020

AN ACT TO MAKE PROVISION, CONSEQUENT ON THE CONCLUSION OF THE TEN-YEAR FRAMEWORK

SOCIAL PARTNERSHIP AGREEMENT 2006-2015 KNOWN AS “TOWARDS 2016”, FOR THE ESTABLISHMENT OF A REDUNDANCY PANEL AND THE REFERENCE TO IT OF CERTAIN PROPOSED

COLLECTIVE REDUNDANCIES AND FOR RELATED ACTION BY THE MINISTER FOR ENTERPRISE, TRADE

AND EMPLOYMENT, INCLUDING THE OBTAINING FROM THE LABOUR COURT OF OPINIONS ON THE NATURE

OF PROPOSED COLLECTIVE REDUNDANCIES; TO REMOVE THE UPPER AGE LIMIT FOR ENTITLEMENT

TO REDUNDANCY PAYMENTS; TO MAKE CONSEQUENTIAL AMENDMENTS OF THE PROTECTION OF EMPLOYMENT

ACT 1977, THE REDUNDANCY PAYMENTS ACT 1967, THE REDUNDANCY PAYMENTS ACT 1971, THE

REDUNDANCY PAYMENTS ACT 1979, THE UNFAIR DISMISSALS ACT 1977 AND THE EMPLOYMENT EQUALITY

ACT 1998; AND TO MAKE FURTHER AMENDMENTS OF THOSE ACTS TO UPDATE PENALTIES AND FOR

PURPOSES OF STATUTE-LAW REVISION.

[8

th May

, 2007]

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 Employment

(Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27 of

2007)

...

C2

The application of the collectively cited

Unfair Dismissals Acts 1977 to 2007

is restricted in certain circumstances. 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.

...

Employees are restricted from availing of certain remedies by

• (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) ss. 23(3)(b) and 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.

C3

The application of the collectively cited

Unfair Dismissals Acts

is potentially restricted where there is an alternative remedy in the provisions

listed below. The following is one version of the wording used, but there are variations

(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.

...

Employees are restricted to availing of one of alternative remedies provided by the

Unfair Dismissals Acts

and other legislation

• (1.08.2015) by

Industrial Relations (Amendment) Act 2015

(27/2015), s. 20(4), S.I. No. 329 of 2015.

• (15.07.2014) by

Protected Disclosures Act 2014

(14/2014), s. 13(2), S.I. No. 327 of 2014.

• (16.10.2014) by

Charities Act 2009

(6/2009), s. 62(3), S.I. No. 457 of 2014.

• (1.08.2012) 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) & sch. 4, para. 8(b), commenced on enactment.

• (16.05.2012) by

Protection of Employees (Temporary Agency Work) Act 2012

(13/2012), ss. 23(2), 24(2), commenced on enactment.

• (28.10.2011) by

Central Bank and Credit Institutions (Resolution) Act 2011

(27/2011), s. 70(3)(b) and (b), S.I. No. 548 of 2011.

• (9.08.2011) by

Criminal Justice Act 2011

(22/2011), s. 20(4)(a) and (b), S.I. No. 411 of 2011.

• (21.12.2010) by

Credit Institutions (Stabilisation) Act 2010

(36/2010), ss. 23(3)(b) and 44(6)(b), S.I. No. 623 of 2010.

• by

Prevention of Corruption (Amendment) Act 2001

(27/2001), s. 8A(5) 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.

• (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.

• (21.01.2009) by

Anglo Irish Bank Corporation Act 2009

(1/2009), s. 19(5)(b), commenced on enactment.

• (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), reg. 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(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.

• by

Employment Equality Act 1998

(21/1998), s. 101(2)(b), as substituted (18.07.2004) by

Equality Act 2004

(24/2004), s. 46 and sch. para. 30, commenced on enactment.

• (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) and sch. 3, para. 3, S.I. No. 199 of 2002.

• (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), s. 15(3), S.I. No. 636 of 2001.

• (2.07.2001) by

Carer’s Leave Act 2001

(19/2001), s. 16(3), commenced on enactment.

• (18.10.1999) by

Employment Equality Act 1998

(21/1998), s. 101(4)(b), S.I. No. 320 of 1999.

• (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.

Editorial Notes

E1

Collectively cited

Unfair Dismissals Acts 1977 to 2007

,

Employment Equality Acts 1998 to 2011

,

Redundancy Payments Acts 1967 to 2014

,

Protection of Employment Acts 1977 to 2014

and

Terms of Employment (Information) Acts 1994 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 items 14, 15, 18, 19 and 20, 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: 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.

E3

Previous affecting provision: application of collectively cited

Unfair Dismissals Act 2007

potentially restricted 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; 1987 Act repealed (26.10.2013) by

Further Education and Training Act 2013

(25/2013), s. 4, S.I. No. 400 of 2013.

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 Employment

(Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27 of

2007)

...

C2

The application of the collectively cited

Unfair Dismissals Acts 1977 to 2007

is restricted in certain circumstances. 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.

...

Employees are restricted from availing of certain remedies by

• (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) ss. 23(3)(b) and 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.

C3

The application of the collectively cited

Unfair Dismissals Acts

is potentially restricted where there is an alternative remedy in the provisions

listed below. The following is one version of the wording used, but there are variations

(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.

...

Employees are restricted to availing of one of alternative remedies provided by the

Unfair Dismissals Acts

and other legislation

• (1.08.2015) by

Industrial Relations (Amendment) Act 2015

(27/2015), s. 20(4), S.I. No. 329 of 2015.

• (15.07.2014) by

Protected Disclosures Act 2014

(14/2014), s. 13(2), S.I. No. 327 of 2014.

• (16.10.2014) by

Charities Act 2009

(6/2009), s. 62(3), S.I. No. 457 of 2014.

• (1.08.2012) 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) & sch. 4, para. 8(b), commenced on enactment.

• (16.05.2012) by

Protection of Employees (Temporary Agency Work) Act 2012

(13/2012), ss. 23(2), 24(2), commenced on enactment.

• (28.10.2011) by

Central Bank and Credit Institutions (Resolution) Act 2011

(27/2011), s. 70(3)(b) and (b), S.I. No. 548 of 2011.

• (9.08.2011) by

Criminal Justice Act 2011

(22/2011), s. 20(4)(a) and (b), S.I. No. 411 of 2011.

• (21.12.2010) by

Credit Institutions (Stabilisation) Act 2010

(36/2010), ss. 23(3)(b) and 44(6)(b), S.I. No. 623 of 2010.

• by

Prevention of Corruption (Amendment) Act 2001

(27/2001), s. 8A(5) 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.

• (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.

• (21.01.2009) by

Anglo Irish Bank Corporation Act 2009

(1/2009), s. 19(5)(b), commenced on enactment.

• (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), reg. 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(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.

• by

Employment Equality Act 1998

(21/1998), s. 101(2)(b), as substituted (18.07.2004) by

Equality Act 2004

(24/2004), s. 46 and sch. para. 30, commenced on enactment.

• (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) and sch. 3, para. 3, S.I. No. 199 of 2002.

• (20.12.2001) by

Protection of Employees (Part-Time Work) Act 2001

(45/2001), s. 15(3), S.I. No. 636 of 2001.

• (2.07.2001) by

Carer’s Leave Act 2001

(19/2001), s. 16(3), commenced on enactment.

• (18.10.1999) by

Employment Equality Act 1998

(21/1998), s. 101(4)(b), S.I. No. 320 of 1999.

• (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.

Editorial Notes

E1

Collectively cited

Unfair Dismissals Acts 1977 to 2007

,

Employment Equality Acts 1998 to 2011

,

Redundancy Payments Acts 1967 to 2014

,

Protection of Employment Acts 1977 to 2014

and

Terms of Employment (Information) Acts 1994 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 items 14, 15, 18, 19 and 20, 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: 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.

E3

Previous affecting provision: application of collectively cited

Unfair Dismissals Act 2007

potentially restricted 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; 1987 Act repealed (26.10.2013) by

Further Education and Training Act 2013

(25/2013), s. 4, S.I. No. 400 of 2013.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction and collective citation.

2. Definitions.

3. Duration of effect of

Part 2

and related matters.

PART 2

Exceptional Collective Redundancies

4. What constitutes exceptional collective redundancies.

5. Redundancy Panel.

6. Reference to Redundancy Panel.

7. Request by Minister for opinion of Labour Court.

8. Hearings, and giving of opinions, by Labour Court.

9. Effect of opinion.

10. Extension of time during which dismissal may not take place.

PART 3

Amendments of the Protection of Employment Act 1977

11. Amendment of section 2 (interpretation) of the Protection of Employment Act 1977.

12. Amendment of section 9 (obligation on employer to consult employees’ representatives) of the Protection of Employment Act 1977.

13. Further amendments (penalties) of the Protection of Employment Act 1977.

PART 4

Amendments of the Redundancy Payments Act 1967

14. Amendment of section 2 (interpretation) of the Redundancy Payments Act 1967.

15. Amendment of section 4 (classes of persons to which this Act applies) of the Redundancy

Payments Act 1967.

16. Amendment of section 7 (general right to redundancy payment) of the Redundancy

Payments Act 1967.

17. Amendment of section 38 (decisions by deciding officers) of the Redundancy Payments

Act 1967.

18. Amendment of section 39 (Redundancy Appeals Tribunal and appeals and references

thereto) of the Redundancy Payments Act 1967.

19. Further amendments (penalties) of the Redundancy Payments Act 1967.

PART 5

Amendments of the Redundancy Payments Act 1971

20. Repeal of section 3 (provisions relating to persons reaching qualifying age for

old age pension) of the Redundancy Payments Act 1971.

21. Amendment of section 16 (offences relating to payments under Principal Act) of

the Redundancy Payments Act 1971.

PART 6

Amendments of the Redundancy Payments Act 1979

22. Amendment of section 1 (definitions) of the Redundancy Payments Act 1979.

23. Repeal of section 5 (provisions relating to persons reaching qualifying age for

old age pension) of the Redundancy Payments Act 1979.

PART 7

Amendments of the Unfair Dismissals Act 1977

24. Amendment of section 1 (definitions) of the Unfair Dismissals Act 1977.

25. Amendment of section 2 (exclusions) of the Unfair Dismissals Act 1977.

26. Amendment of section 5 (dismissal by way of lock-out or for taking part in strike)

of the Unfair Dismissals Act 1977.

PART 8

Amendments of the Employment Equality Act 1998

27. Amendment of section 17 (compliance with statutory requirements, etc.) of the

Employment Equality Act 1998.