Unfair Dismissals Act 1977


Number 10 of 1977


UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Unfair Dismissals Act 1977. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, 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 10 of 1977


UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 1 September 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Unfair Dismissals Acts 1977 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Industrial Relations (Amendment) Act 2015 (27/2015), s. 1(4)). The Acts in this group are:

Unfair Dismissals Act 1977 (10/1977)

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the Unfair Dismissals Acts 1977 and 1991 (repealed)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Unfair Dismissals Acts 1977 to 1993

Civil Service Regulation (Amendment) Act 2005 (18/2005) (Part 6)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007)

Industrial Relations (Amendment) Act 2015 (27/2015), s. 39

Terms of Employment (Information) Acts 1994 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(21)). The Acts in this group are:

Unfair Dismissals Acts 1977 to 2007

Local Government Reform Act 2014 (1/2014), s. 1(21), the amendments to the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 and the Unfair Dismissals Act 1977 provided for in section 5 (6) and Part 6 of Schedule 2 (Note: it appears that the reference to section 5(6) is intended to be to section 5(8))

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Paternity Leave and Benefit Act 2016 (11/2016)

Industrial Relations (Amendment) Act 2015 (27/2015)

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Children and Family Relationships Act 2015 (9/2014)

Protected Disclosures Act 2014 (14/2014)

Local Government Reform Act 2014 (1/2014)

Child and Family Agency Act 2013 (40/2013)

Education and Training Boards Act 2013 (11/2013)

Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

Property Services (Regulation) Act 2011 (40/2011)

Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011)

Criminal Justice Act 2011 (22/2011)

Credit Institutions (Stabilisation) Act 2010 (36/2010)

Prevention of Corruption (Amendment) Act 2010 (33/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Inland Fisheries Act 2010 (10/2010)

Labour Services (Amendment) Act 2009 (38/2009)

National Asset Management Agency Act 2009 (34/2009)

Charities Act 2009 (6/2009)

Anglo Irish Bank Corporation Act 2009 (1/2009)

Chemicals Act 2008 (13/2008)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007)

Health Act 2007 (23/2007)

Consumer Protection Act 2007 (19/2007)

Employment Permits Act 2006 (16/2006)

Parental Leave (Amendment) Act 2006 (13/2006)

Employees (Provision of Information and Consultation) Act 2006 (9/2006)

Adoptive Leave Act 2005 (25/2005)

Civil Service Regulation (Amendment) Act 2005 (18/2005)

Safety, Health and Welfare at Work Act 2005 (10/2005)

Health Act 2004 (42/2004)

Maternity Protection (Amendment) Act 2004 (28/2004)

Equality Act 2004 (24/2004)

Protection of Employees (Fixed-Term Work) Act 2003 (29/2003)

Competition Act 2002 (14/2002)

Protection of Employees (Part-Time Work) Act 2001 (45/2001)

Local Government Act 2001 (37/2001)

Prevention of Corruption (Amendment) Act 2001 (27/2001)

Carer’s Leave Act 2001 (19/2001)

National Minimum Wage Act 2000 (5/2000)

Protections for Persons Reporting Child Abuse Act 1998 (49/1998)

Parental Leave Act 1998 (30/1998)

Employment Equality Act 1998 (21/1998)

Organisation of Working Time Act 1997 (20/1997)

Health (Amendment) (No. 3) Act 1996 (32/1996)

Adoptive Leave Act 1995 (2/1995)

Maternity Protection Act 1994 (34/1994)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991)

Industrial Relations Act 1990 (19/1990)

Labour Services Act 1987 (15/1987)

Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984)

Maternity Protection of Employees Act 1981 (2/1981)

Employment Equality Act 1977 (16/1977)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory Instruments which affect or previously affected this revision

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011)

Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010)

European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008)

European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (S.I. No. 95 of 2008)

European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007)

European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. N. 259 of 2007)

European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006)

European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003)

European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)

European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001)

Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 305 of 1997)

Industrial Relations Act 1990 Code of Practice on Employee Representatives (Declaration) Order 1993 (S.I. No. 169 of 1993)

Labour (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 20 of 1993)

Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993)

Maternity Protection (Disputes and Appeals) Regulations 1981 (S.I. No. 357 of 1981)

Unfair Dismissals (Calculation of Weekly Remuneration) Regulations 1977 (S.I. No. 287 of 1977)

Unfair Dismissals (Claims and Appeals) Regulations 1977 (S.I. No. 286 of 1977)

Unfair Dismissals Act 1977 (Commencement) Order 1977 (S.I. No. 133 of 1977)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.


Number 10 of 1977


UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS


Number 10 of 1977


UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 1 September 2017


AN ACT TO PROVIDE FOR REDRESS FOR EMPLOYEES UNFAIRLY DISMISSED FROM THEIR EMPLOYMENT, TO PROVIDE FOR THE DETERMINATION OF CLAIMS FOR SUCH REDRESS BY RIGHTS COMMISSIONERS AND BY THE TRIBUNAL ESTABLISHED, FOR THE PURPOSE OF DETERMINING CERTAIN APPEALS, BY THE REDUNDANCY PAYMENTS ACT, 1967, TO PROVIDE THAT THAT TRIBUNAL SHALL BE KNOWN AS THE EMPLOYMENT APPEALS TRIBUNAL, TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO AMEND THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973. [6 th April, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under Act, other than section 8C(1)(h), 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. Note that original “Minister for” and “Department of Labour” changed or functions transferred:

• to Minister for and Department of Industry and Commerce (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 20 of 1993);

• to Minister for and Department of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993), in effect as per art. 1(2);

• to Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

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 Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation 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 Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(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

(b) under the Regulations specified in Part 3 of the Schedule,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation 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 Social Protection.

...

SCHEDULE

PART 2

Provisions of Acts of the Oireachtas

Unfair Dismissals Acts 1977 to 2015, other than section 8C(1) (inserted by section 80 (1)(h) of the Workplace Relations Act 2015 ) of the Unfair Dismissals Act 1977

...

C2

Act applied with modifications (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 26, S.I. No. 435 of 2016.

Provisions applying where employee not permitted to return to work

26. (1) This section applies to an employee who, having duly complied with section 24 , is entitled under this Part to return to work but is not permitted to do so by the relevant employer, within the meaning of section 27(3) , and, in this section, in relation to such an employee, “the expected date of return” means the date notified under section 24 as the date on which the employee expected to return to work.

...

(4) For the purposes of the Act of 1977—

(a) an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been dismissed on the expected date of return, and

(b) the dismissal shall be deemed to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.

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

• (16.10.2014) by Charities Act 2009 (6/2009), s. 62(3), S.I. No. 457 of 2014.

• (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), s. 24(2), commenced on enactment.

• (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 23(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.

• 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.

• (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.

C4

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).

Removal of senior management and management body.

40. ...

(4) A court, tribunal or rights commissioner may not— ...

(b) make an order under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.

...

C5

Application of Act extended (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), ss. 3(1) and 8, S.I. No. 636 of 2001.

Interpretation (generally).

3. — ...

“relevant enactment” means— ...

(f) the Unfair Dismissals Acts, 1977 to 1993, or

...

Application of relevant enactments.

8.—Each relevant enactment shall apply to a part-time employee in the same manner, and subject to the like exceptions not inconsistent with this section, as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.

C6

Application of collectively cited Unfair Dismissals Acts 1977 to 1993 extended with modifications (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 36(2), S.I. No. 96 of 2000.

Prohibition of victimisation of employee by employer.

36. — ...

(2) Dismissal of an employee in contravention of subsection (1) shall be deemed to be an unfair dismissal of the employee within the meaning and for the purposes of section 6(1) of the Unfair Dismissals Acts, 1977 to 1993 (but without prejudice to sections 2 to 5 of the Unfair Dismissals Act, 1977, except that it is not necessary for the employee to have at least one year’s continuous service with the employer and that Act shall apply as if the Worker Protection (Regular Part-Time Employees) Act, 1991, were repealed in relation to the number of hours an employee is normally expected to work for the purposes of that Act) and those Acts, with the necessary modifications, shall apply accordingly.

...

C7

Application of Act extended (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 28(3), S.I. No. 16 of 1995.

Notification of intention to return to work.

28.— ...

(3) In the absence of reasonable grounds—

(a) failure to give notification under subsection (1), or

(b) the giving of such notification otherwise than within the specified time limits,

are matters that may be taken into account by a rights commissioner, the Tribunal or the Circuit Court in determining the employee’s rights under the 1977 Act, this Act or any other relevant enactment, so far as the remedies of re-instatement, re-engagement or compensation are concerned.

C8

Application of Act confirmed (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 13, commenced as per s. 17(4).

Employment agencies.

13.—Where, whether before, on or after the commencement of this Act, 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, 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 and whether or not the third person pays the wages or salary of the individual in respect of the work or service), then, for the purposes of the Principal Act, as respects a dismissal occurring after such commencement—

(a) the individual shall be deemed to be an employee employed by the third person under a contract of employment,

(b) if the contract was made before such commencement, it shall be deemed to have been made upon such commencement, and

(c) any redress under the Principal Act for unfair dismissal of the individual under the contract shall be awarded against the third person.

C9

Construction of references to rights commissioner modified (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 35(1), commenced on enactment.

The Rights Commissioner Service.

35.—(1) The rights commissioners shall operate as a service of the Commission and references to rights commissioners in the Industrial Relations Act, 1969, the Unfair Dismissals Act, 1977, and the Maternity Protection of Employees Act, 1981, shall be taken to be references to rights commissioners so operating.

...

Editorial Notes:

E1

Collectively cited Unfair Dismissal Acts 1977 to 2007 included in definition of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: application of Act potentially excluded by alternative avenue of redress (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 101(5)(b), S.I. No. 320 of 1999; subs. (5) substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(b), commenced on enactment.

E3

Previous affecting provision: power to modify Act by regulations vested in Minister (6.04.1981) by Maternity Protection of Employees Act 1981 (2/1981), s. 27(4), commenced as per s. 1; repealed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 6, S.I. No. 16 of 1995.

E4

Previous affecting provision: term “continuous service” construed under certain conditions (6.04.1991) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 2(3)(b)(iii), S.I. No. 75 of 1991; repealed (20.12.2001) by Protection of Employees (Part-time Work) Act 2001 (45/2001), s. 5, S.I. No. 636 of 2001.