Protection of Employment Act 1977

Obligation on employer to consult employees' representatives.

9

9.F12[(1) Where an employer or a responsible person proposes to create collective redundancies, he or she 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 F13[F14[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 F15[before the first notice of dismissal is given].

F16[(4) Where an employer has initiated consultations with employees’ representatives under this section, a responsible person may continue any consultation so initiated.]

Annotations

Amendments:

F12

Substituted (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 5(a), S.I. No. 303 of 2024.

F13

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

F14

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

F15

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 12, commenced on enactment.

F16

Inserted (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 5(b), S.I. No. 303 of 2024.

Editorial Notes:

E5

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.

E6

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.

E7

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).

E8

Previous affecting provision: subs. (1) amended (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 7; subsection substituted (1.07.2024) as per F-note above.