Protection of Employment Act 1977

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 F11 [ ]

(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 F12 [ F13 [ 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 F14 [ before the first notice of dismissal is given ].

Annotations:

Amendments:

F11

Deleted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 7.

F12

Substituted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 8.

F13

Substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), art. 4.

F14

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).