PROTECTION OF EMPLOYEES (EMPLOYERS INSOLVENCY) ACT 1984


Number 21 of 1984


PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984

REVISED

Updated to 1 October 2015


This Revised Act is an administrative consolidation of the Protection of Employees (Employers Insolvency) Act 1984. 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 Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, and all statutory instruments up to and including European Union (Parallel Import of Plant Protection Product) Regulations 2015 (S.I. No. 425 of 2015), made 1 October 2015, 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 21 of 1984


PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984

REVISED

Updated to 1 October 2015


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

Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Industrial Relations (Amendment) Act 2012 (32/2012), s. 1(4)). The Acts in this group are:

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

Social Welfare Act 1990 (5/1990), s. 28

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the collectively cited Protection of Employees (Employers’ Insolvency) Acts 1984 and 1990 (repealed)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the collectively cited Protection of Employees (Employers’Insolvency) Acts 1984 and 1990

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 17 and 17(3)

Industrial Relations (Amendment) Act 2012 (32/2012), s. 17

Redundancy Payments Acts 1967 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(19)). The Acts in this group are:

Redundancy Payments Act 1967 (21/1967)

Redundancy Payments Act 1971 (20/1971)

Redundancy Payments Act 1973 (11/1973)

Redundancy Payments Act 1979 (7/1979)

Protection of Employees (Employer’s Insolvency) Act 1984 (21/1984), s. 12

Social Welfare Act 1990 (5/1990), ss. 26, 27 and 29

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the Redundancy Payments Acts 1967 to 1990

Social Welfare Act 1991 (7/1991), s. 39 other than subs. (2)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Redundancy Payments Acts 1967 to 1990

Redundancy Payments Act 2003 (14/2003)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), in so far as it relates to the Redundancy Payments Acts 1967 to 2003

Social Welfare Act 2011 (37/2011), Part 3

Social Welfare Act 2012 (43/2012), Part 3

Local Government Reform Act 2014 (1/2014), s. 1(19), the amendment to the Redundancy Payments Act 1967 provided for in s. 5(6) and sch. 2 part 6 (Note: the reference to s. 5(6) appears to refer to s. 5(8))

Minimum Notice and Terms of Employment Acts 1973 to 2005 : This Act is one of a group of Acts included in this collective citation to be construed together as one ( Civil Service Regulation (Amendment) Act 2005, s. 1(4)). The Acts in the group are:

Minimum Notice and Terms of Employment Act 1973 (4/1973)

Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 13 (collective citation only)

Worker Protection (Regular Part-time Employees) Act 1991 (5/1991), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984 (repealed)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 7

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 1999, 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

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

Workplace Relations Act 2015 (16/2015)

Protected Disclosures Act 2014 (14/2014)

Central Bank (Supervision and Enforcement) Act 2013 (26/2013)

Social Welfare Act 2012 (43/2012), Part 3

Industrial Relations (Amendment) Act 2012 (32/2012)

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

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

Social Welfare Act 2011 (37/2011), Part 3

Criminal Justice Act 2011 (22/2011)

Employment Permits Act 2006 (16/2006)

Social Welfare Consolidation Act 2005 (26/2005)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

Redundancy Payments Act 2003 (14/2003)

Pensions (Amendment) Act 2002 (18/2002)

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

Carer’s Leave Act 2001 (19/2001)

National Minimum Wage Act 2000 (5/2000)

Parental Leave Act 1998 (30/1998)

Employment Equality Act 1998 (21/1998)

Organisation of Working Time Act 1997 (20/1997)

Adoptive Leave Act 1995 (2/1995)

Maternity Protection Act 1994 (34/1994)

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

Pensions Act 1990 (25/1990)

Social Welfare Act 1990 (5/1990)

Social Welfare Act 1986 (8/1986)

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011 (S.I. No. 504 of 2011)

Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 (S.I. No. 682 of 2005)

European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005)

Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2004 (S.I. No. 696 of 2004)

Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003 (S.I. No. 197 of 2003)

Protection of Employees (Employers’ Insolvency) (Forms and Procedure) (Amendment) Regulations 2001 (S.I. No. 581 of 2001)

Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2001 (S.I. No. 42 of 2001)

Protection of Employees (Employers’ Insolvency) Act 1984 (Amendment Order) Order 1988 (S.I. No. 48 of 1998)

Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 1994 (S.I. No. 62 of 1994)

Protection of Employees (Employers’ Insolvency) (Forms and Procedure) (Amendment) Regulations 1991 (S.I. No. 349 of 1991)

Protection of Employees (Employers’ Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations 1990 (S.I. No. 121 of 1990)

Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 1990 (S.I. No. 17 of 1990)

Redundancy Payments (Variation of Employers’ Redundancy Contribution) Regulations 1989 (S.I. No. 68 of 1989)

Protection of Employees (Employers’ Insolvency) Act 1984 (Amendment Order) Order 1988 (S.I. No. 48 of 1988)

Protection of Employees (Employers’ Insolvency) (Specification of Date) Regulations 1986 (S.I. No. 50 of 1986)

Protection of Employees (Employers’ Insolvency) (Specification of Date) Regulations 1985 (S.I. No. 232 of 1985)

Protection of Employees (Employers’ Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations 1985 (S.I. No. 123 of 1985)

Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 1984 (S.I. No. 356 of 1984)

All statutory instruments up to and including European Union (Parallel Import of Plant Protection Product) Regulations 2015 (S.I. No. 425 of 2015), made 1 October 2015, were considered in the preparation of this revision.


Number 21 of 1984


PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984

REVISED

Updated to 1 October 2015


ARRANGEMENT OF SECTIONS


Acts Referred to

Deeds of Arrangement Act, 1887

1887, c. 57

Preferential Payments in Bankruptcy (Ireland) Act, 1889

1889, c. 60

Industrial Relations Act, 1946

1946, No. 26

Companies Act, 1963

1963, No. 33

Redundancy Payments Act, 1967

1967, No. 21

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Holidays (Employees) Act, 1973

1973, No. 25

Anti-Discrimination (Pay) Act, 1974

1974, No. 15

Unfair Dismissals Act, 1977

1977, No. 10

Employment Equality Act, 1977

1977, No. 16

Redundancy Payments Act, 1979

1979, No. 7

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Social Welfare Acts, 1981 to 1984


Number 21 of 1984


PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984

REVISED

Updated to 1 October 2015


AN ACT TO CONFER, ON THE INSOLVENCY OF EMPLOYERS, CERTAIN RIGHTS ON EMPLOYEES, TO AMEND CERTAIN ENACTMENTS RELATING TO THE RIGHTS OF EMPLOYEES AND TO PROVIDE FOR OTHER MATTERS (INCLUDING OFFENCES) CONNECTED WITH THE MATTERS AFORESAID. [30 th November, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act extended (25.03.1988) by Protection of Employees (Employers’ Insolvency) Act 1984 (Amendment Order) Order 1988 (S.I. No. 48 of 1988), art. 2.

2. The application of the Protection of Employees (Employers’ Insolvency) Act, 1984 is hereby extended to employees who have attained the age of 66 years and who are in employment which, but for the age of the employees, would be insurable for all benefits under the Social Welfare Acts, 1981 to 1987.

Editorial Notes:

E1

Collectively cited Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012, Redundancy Payments Acts 1967 to 2014 and Minimum Notice and Terms of Employment Acts 1973 to 2005 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 16, 18 and 12, 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

Funding for expenses in giving effect to collectively cited Protection of Employees (Employers’ Insolvency) Act 1984 to 2004 provided for (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), ss. 5(6) and 6(1), S.I. No. 923 of 2005.

E3

Power to amend a decision (by whatever name called) of a relevant authority under collectively cited Protection of Employees (Employers’ Insolvency) Act 1984 to 1991 that does not state correctly the name of the employer concerned or any other material particular is accorded to rights commissioner, Employment Appeals Tribunal or Labour Court (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 39, S.I. No. 392 of 1997.