PART I
Preliminary and General
Short title and commencement.
1
1.—(1) This Act may be cited as the Protection of Employment Act, 1977.
(2) This Act shall come into operation on such day as may be appointed by order of the
Minister.
Annotations:
Editorial Notes:
E2
Power pursuant to section exercised (10.05.1977) by Protection of Employment Act 1977 (Commencement) Order 1977 (S.I. No. 139 of 1977).
2. The 10th day of May, 1977 is hereby appointed to be the day on which the Protection
of Employment Act, 1977 (No. 7 of 1977), shall come into operation.
2
2.—(1) In this Act—
“authorised officer” means a person appointed by the Minister to be an authorised officer for the purposes
of this Act;
[‘contract of employment’ means:
(a) a contract of service or of apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is carrying
on the business of an employment agency within the meaning of the Employment Agency Act 1971 (No. 27 of 1971), and is acting in the course of that business, to do or perform
personally any work or service for a third person (whether or not the third person
is a party to the contract),
whether the contact is express or implied and, if express, whether it is oral or in
writing;]
“employee” means a person who has entered into or works under (or, in the case of a contract
which has been terminated, worked under) a contract of employment with an employer,
whether the contract is for manual labour, clerical work or otherwise, is express
or implied, oral or in writing, […];
[ ‘employees’ representatives', in relation to
employees who are affected, or are likely to be
affected, by proposed collective redundancies
(whether by being selected for redundancy or
otherwise), means-
(a) a trade union, staff association or excepted
body with which it has been the practice of the
employer to conduct collective bargaining negotiations,
or
(b) in the absence of such a trade union, staff
association or excepted body, a person or persons
chosen (under an arrangement put in place
by the employer) by such employees from
amongst their number to represent them in negotiations
with the employer;]
[‘employer’ means the person with whom the employee has entered into or for whom the employee
works under (or, where the employment has ceased, entered into or worked under) a
contract of employment, subject to the qualification that the person who, under a
contract of employment referred to in paragraph (b) of the definition of “contract of employment”, is liable to pay the remuneration of the individual concerned in respect of the
work or service concerned shall be deemed to be the individual's employer;]
[ ‘excepted body’ has the meaning assigned to it by
section 6(3) of the Trade Union Act, 1941 (No.
22 of 1941), as amended;]
[‘Minister’ means the Minister for Enterprise, Trade and Employment;
]
“prescribed” means prescribed by regulations under this Act;
“staff association” means a body of persons all the members of which are employed by the same employer
and which carries on negotiations for the fixing of the wages or other conditions
of employment of its own members only;
“trade union” means a trade union which is the holder of a negotiation licence granted under the
Trade Union Acts, 1941 and 1971.
(2) In this Act a reference to a section is to a section of this Act unless it is indicated
that reference to some other enactment is intended.
(3) In this Act a reference to a subsection is to the subsection of the section in which
the reference occurs unless it is indicated that reference to some other section is
intended.
Annotations:
Amendments:
F1
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 4(a).
F2
Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 4(d).
F3
Substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 3(a).
F4
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 4(c).
F5
Inserted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg.3(b).
F6
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s.11, commenced on enactment.
Editorial Notes:
E3
Previous affecting provision: definition of “employees’ representatives” substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 4(b); superseded as per F-note above.
3
3.—(1) The Minister may make regulations for the purpose of giving effect to this Act.
(2) (a) The Minister may by order amend any provision of this Act so as to comply with any
international obligations relating to collective redundancies that the State has decided
to assume.
(b) The Minister may by order amend or revoke an order under this section.
(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary
for the purposes of the regulations.
Laying of orders and regulations before Houses of Oireachtas.
4
4.—(1) Every order and regulation under this Act (other than an order under section 3, section
6 or section 7 (3)) shall be laid before each House of the Oireachtas as soon as possible
after it is made and, if a resolution annulling the order or regulation is passed
by either House within the next 21 days on which that House has sat after the order
or regulation is laid before it, the order or regulation shall be annulled accordingly,
but without prejudice to the validity of anything previously done under it.
(2) Where an order is proposed to be made under section 3, section 6 or section 7 (3),
a draft of the order shall be laid before both Houses of the Oireachtas and the order
shall not be made until a resolution approving of the draft has been passed by each
House.
5
5.—The expenses incurred in the administration of this Act shall, to such extent as may
be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Meaning of collective redundancies.
6
[6.—(1) For the purpose of this Act, ‘collective redundancies’ means dismissals effected by an employer for one or more reasons not related to the
individual concerned where in any period of 30 consecutive days the number of such
dismissals is —
(a) at least 5 in an establishment normally employing more than 20 and less than 50
employees,
(b) at least 10 in an establishment normally employing at least 50 but less than 100
employees,
(c) at least ten per cent. of the number of employees in an establishment normally
employing at least 100 but less than 300 employees, and
(d) at least 30 in an establishment normally employing 300 or more employees.
(2) For the purpose of calculating the number of redundancies where the number of
dismissals is at least 10 in an establishment normally employing more than 20 and
less than 100 employees, terminations of a contract of employment which occur to the
individual workers concerned shall be assimilated to redundancies provided there are
at least 5 redundancies.
(3) In this section ‘establishment’ means an employer or a company or a subsidiary company or a company within a group
of companies which can independently effect redundancies.]
Annotations:
Amendments:
F7
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 5.
Application and non-application of Act.
7
7.—(1) Subject to subsection (2), this Act applies to all persons in employment on or after
the commencement of this Act in an establishment normally employing more than 20 persons.
(2) This Act does not apply to—
(a) dismissals of employees engaged under a contract of employment for a fixed term or
for a specified purpose (being a purpose of such a kind that the duration of the contract
was limited but was, at the time of its making, incapable of precise ascertainment)
where the dismissals occurred only because of the expiry of the term or the cesser
of the purpose,
(b) a person employed by or under the State other than persons standing designated for
the time being under section 17 of the Industrial Relations Act, 1969,
[(c) officers of a body which is a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014),]
(d) employment under an employment agreement pursuant to Part II or IV of the Merchant
Shipping Act, 1894,
(e) […]
(3) (a) The Minister may by order declare that this Act shall not apply to a class of employees
specified in the order and from the commencement of the order this Act shall not apply
to that class.
(b) The Minister may by order declare that this Act shall apply to a specified class of
employee and from the commencement of the order this Act shall apply to that class.
(c) The Minister may by order amend or revoke an order under this subsection.
(4) Where a notice of dismissal by reason of redundancy which was given before the commencement
of this Act expires after such commencement, sections 9, 10, 12 and 14 shall not apply to the dismissal concerned, but such a notice shall be in accordance
with the Minimum Notice and Terms of Employment Act, 1973, and with the relevant contract of employment.
(5) In this section “establishment” has the same meaning as in section 6.
Annotations:
Amendments:
F8
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.
F9
Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 6.
Calculation of normal number of employees.
8
8.—For the purposes of this Act, the number of employees normally employed in an establishment
(within the meaning of section 6) shall be taken to be the average of the number so
employed in each of the 12 months preceding the date on which the first dismissal
takes effect.
PART II
Consultation and Notification
Obligation on employer to consult employees' representatives.
9
9.—(1) Where an employer proposes to create collective redundancies he shall, with a view
to reaching an agreement, initiate consultations with employees’ representatives […]
(2) Consultations under this section shall include the following matters—
(a) the possibility of avoiding the proposed redundancies, reducing the number of employees
affected by them or [[mitigating their consequences] by recourse to accompanying social measures aimed, inter alia, at aid for redeploying
or retraining employees made redundant],
(b) the basis on which it will be decided which particular employees will be made redundant.
(3) Consultations under this section shall be initiated at the earliest opportunity and
in any event at least 30 days [before the first notice of dismissal is given].
Annotations:
Amendments:
F10
Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 7.
F11
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 8.
F12
Substituted (21.12.2000) byEuropean Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), art. 4.
F13
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 12, commenced on enactment.
Modifications (not altering
text):
Editorial Notes:
E4
Redress and appeal procedures in respect of requirements under section provided (1.10.2015)
by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 2, sch. 6 part 1 item 3, sch. 6 part
2 item 3, S.I. No. 410 of 2015.
E5
Dismissal prior to expiry of periods specified in subs. (3) and s. 12(1) made an offence
(8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 10(3), commenced on enactment.
E6
Previous affecting provision: complaints procedure provided (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 6; revoked (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(3) and sch. 2 part 2 ref. 1, subject to transitional provisions in
subs. (4).
Obligation on employer to supply certain information.
10
10.—(1) For the purpose of consultations under section 9, the employer concerned shall supply
the employees' representatives with all relevant information relating to the proposed
redundancies.
(2) Without prejudice to the generality of subsection (1), information supplied under
this section shall include the following, of which details shall be given in writing—
(a) the reasons for the proposed redundancies,
(b) the number, and descriptions or categories, of employees whom it is proposed to make
redundant,
[(c) the number of employees, and description or categories, normally employed,]
[(cc)(i) the number (if any) of agency workers to which the Protection of Employees (Temporary
Agency Work) Act 2012 applies engaged to work for the employer,
(ii) those parts of the employer’s business in which those agency workers are, for the time being, working, and
(iii) the type of work that those agency workers are engaged to do,
and]
(d) the period during which it is proposed to effect the proposed redundancies.
[(e) the criteria proposed for the selection of the workers to be made redundant, and]
[(f) the method for calculating any redundancy payments other than those methods set
out in the Redundancy Payment Acts, 1967 to 1991, or any other relevant enactment
for the time being in force or, subject thereto, in practice.]
(3) An employer shall as soon as possible supply the Minister with copies of all information
supplied in writing under subsection (2).
Annotations:
Amendments:
F14
Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(a).
F15
Inserted (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (12/2012), s. 17, commenced on enactment.
F16
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(b).
F17
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 9(b).
Editorial Notes:
E7
Redress and appeal procedures in respect of requirements under section provided (1.10.2015)
by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 2, sch. 6 part 1 item 3, sch. 6 part
2 item 3, S.I. No. 410 of 2015.
E8
Previous affecting provision: complaints procedure provided (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 6; revoked (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(3) and sch. 2 part 2 ref. 1, subject to transitional provisions in
subs. (4).
[Application of sections 9 and 10.
10A
10A.—Sections 9 and 10 shall apply to an employer irrespective of whether the decision
regarding collective redundancies is being taken by the employer or by an undertaking
which controls the employer and it shall not be a defence on the part of the employer
that the necessary information had not been provided to the employer by a controlling
party, or parties, which took the decision leading to the collective redundancies.]
Annotations:
Amendments:
F18
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 10.
Penalty for contravention of section 9 or 10.
11
11.—An employer who fails to initiate consultations under section 9 or fails to comply
with section 10 shall be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding [€5,000
].
Annotations:
Amendments:
F19
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E9
Offence under section designated a relevant offence for purposes of fixed payment
procedure (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 36(5)(a), S.I. No. 410 of 2015.
E10
Amount payable under fixed payment notice for breach of section set at €2,000 (1.10.2015) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), reg. 4(1).
11A.
[Decision of adjudication officer under section 41 of Workplace Relations Act 2015
11A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention
of section 9 or 10 shall do one or more of the following, namely—
(a) declare that the complaint is or, as the case may be, is not well founded,
(b) require the employer to comply with the provision of the Act of 1977 concerned
and, for that purpose, to take a specified course of action,
(c) require the employer to pay to the employee compensation of such amount (if any)
as is just and equitable having regard to all of the circumstances, but not exceeding
4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]
Annotations:
Amendments:
F20
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 3, S.I. No. 410 of 2015, subject to transitional
provisions in subs. (3).
11B.
[Decision of Labour Court on appeal from decision referred to in section 11A
11B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication
officer referred to in section 11A, shall affirm, vary or set aside the decision of
the adjudication officer.]
Annotations:
Amendments:
F21
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 3, S.I. No. 410 of 2015, subject to transitional
provisions in subs. (3).
Obligation on employer to notify Minister of proposed redundancies.
12
12.—(1) Where an employer proposes to create collective redundancies, he shall notify the
Minister in writing of his proposals at the earliest opportunity and in any event
at least 30 days before the first dismissal takes effect.
(2) The Minister may prescribe the particulars to be specified in a notification under
this section.
(3) A copy of a notification under this section shall be supplied as soon as possible
by the employer affected to the employees’ representatives affected who may forward to the Minister in writing any observations
they have relating to the notification.
[(4) In the case of collective redundancies arising from the employer’s business being terminated following bankruptcy or winding up proceedings or for
any other reason as a result of a decision of a court of competent jurisdiction the
person responsible for the affairs of the business need comply with subsection (1)
only if the Minister so requests.]
Annotations:
Amendments:
F22
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 11.
Editorial Notes:
E11
Power pursuant to section exercised (10.05.1977) by Protection of Employment Act, 1977 (Notification of Proposed Collective Redundancies)
Regulations 1977 (S.I. No. 140 of 1977).
E12
Dismissal prior to expiry of periods specified in ss. 9(3) and 12(1) made an offence
(8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 10(3), commenced on enactment.
Penalty for contravention of section 12.
13
13.—An employer who contravenes section 12 shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding [€5,000
].
Annotations:
Amendments:
F23
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E13
Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 5(b), superseded as per F-note above.
PART III
Commencement of Collective Redundancies
Collective redundancies not to take effect for 30 days.
14
14.—(1) Collective redundancies shall not take effect before the expiry of the period of 30
days beginning on the date of the relevant notification under section 12.
(2) Where collective redundancies are effected by an employer before the expiry of the
30-day period mentioned in subsection (1) the employer shall be guilty of an offence
and shall be liable on conviction on indictment to a fine not exceeding [€250,000].
[(3) Subsections (1) and (2) shall not apply in the case of collective redundancies
arising from the employer’s business being terminated following bankruptcy or winding up proceedings or for
any other reason as a result of a decision of a court of competent jurisdiction.]
Annotations:
Amendments:
F24
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 13, commenced on enactment.
F25
Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 12.
Editorial Notes:
E14
Previous affecting provision: fine substituted (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 21, (S.I. No. 636 of 2001), superseded as per F-note above.
Further consultations with Minister.
15
15.—(1) For the purpose of seeking solutions to the problems caused by the proposed redundancies,
the employer concerned shall, at the Minister's request, enter into consultations
with him or an authorised officer.
(2) For the purpose of consultations under this section, an employer shall supply the
Minister or an authorised officer with such information relating to the proposed redundancies
as the Minister or the officer may reasonably require.
Saver for employees' rights to notice, etc.
16
16.—Nothing in this Act shall affect the right of any employee to a period of notice of
dismissal or to any other entitlement under any other Act or under his contract of
employment.
Provisions relating to authorised officers.
17
17.—(1) An authorised officer may—
(a) enter at all reasonable times any premises or place where he has reasonable grounds
for supposing that any employee is employed,
(b) there make any examination or enquiry necessary for ascertaining whether this Act
has been or is being complied with,
(c) require an employer or his representative to produce any records which the employer
is required by this Act to keep, and inspect and take copies of entries in the records.
(d) examine with regard to any matters under this Act any person whom he has reasonable
cause to believe to be or to have been an employer or employee and require him to answer any questions (other than questions
tending to incriminate him) which the officer may put relating to those matters and
to sign a declaration of the truth of the answers.
(2) The powers conferred on an authorised officer by subsection (1) (a) shall not be exercisable in respect of a private dwelling house unless the Minister
(or an officer of the Minister appointed by the Minister for the purpose) certifies
that he has reasonable grounds for believing that an offence under this section in
relation to an employee employed in the house has been committed by the employer,
and the authorised officer in applying for admission to the house produces the certificate.
(3) Any person who—
(a) obstructs or impedes an authorised officer in the exercise of any power conferred
by this section,
(b) refuses to produce any record which an authorised officer lawfully requires him to
produce,
(c) produces, or causes to be produced or knowingly allows to be produced, to an authorised
officer any record which is false in any material respect knowing it to be false,
(d) prevents or attempts to prevent any person from appearing before or being questioned
by an authorised officer, or
(e) wilfully fails or refuses to comply with any lawful requirement of an authorised officer
under subsection (1) (d)
shall be guilty of an offence and shall be liable on summary conviction to a fine
not exceeding [€5,000].
(4) An authorised officer shall be furnished with a certificate of his appointment and,
on applying for admission to any premises or place, shall, if so required, produce
the certificate to the occupier and to any person being examined by him.
Annotations:
Amendments:
F26
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E15
Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. 488 of 2000), reg. 5(c), superseded as per F-note above.
Records to be kept by employers.
18
18.—(1) An employer shall keep such records as may be necessary to enable the Minister or
an authorised officer to ascertain whether or not the provisions of this Act are being
and have been complied with.
(2) Records kept under this section shall be retained by an employer for a period of not
less than three years from the date on which they were made.
(3) An employer who contravenes subsection (1) or (2) shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding [€5,000
].
(4) Where an employer fails to keep or retain records under this section the onus of proving
that he has complied or is complying with this Act shall lie on him.
Annotations:
Amendments:
F27
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), s. 13, commenced on enactment.
Editorial Notes:
E16
Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. 488 of 2000), reg. 5(d), superseded as per F-note above.
Certain provisions to be null and void.
19
19.—Any provision in any agreement (whether a contract of employment or otherwise) purporting
to exclude or limit the operation of any provision of this Act shall be null and void.
Notices, etc. to Minister.
20
20.—Any notice or other document which is required or authorised by this Act to be given
by an employer to the Minister shall be in writing and shall be sent by registered
post addressed to the head office of the Department of Labour or, where that is not
practicable, shall be delivered to that office.
21
21.—(1) An offence under this Act may be prosecuted by the Minister.
(2) Proceedings for an offence under this Act may be commenced within one year from the
date of the offence.
(3) Where an offence under this Act committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any neglect
on the part of, any director, manager, secretary or other officer of the body corporate
or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Mitigation of penalty for certain offences.
22
22.—Where an employer is convicted of an offence under section 11 or 14, he may plead
in mitigation of the penalty for that offence that there were substantial reasons
related to his business which made it impracticable for him to comply with the section
under which the offence was committed.
