Protection of Employment Act 1977

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,

F8 [ (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) F9 [ ]

( e) F10 [ ]

(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 (18.01.2018) by European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018), reg. 4(1).

F10

Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 6.