Protection of Employees (Employers Insolvency) Act 1984
Number 21 of 1984
PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984
REVISED
Updated to 29 July 2021
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 the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Workplace Relations (Miscellaneous Provisions) Act 2021 (Commencement) Order 2021 (S.I. No. 397 of 2021), made 28 July 2021, 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 29 July 2021
ARRANGEMENT OF SECTIONS
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Acts Referred to |
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Deeds of Arrangement Act, 1887 |
1887, c. 57 |
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Preferential Payments in Bankruptcy (Ireland) Act, 1889 |
1889, c. 60 |
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1946, No. 26 |
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1963, No. 33 |
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1967, No. 21 |
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1973, No. 4 |
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1973, No. 25 |
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1974, No. 15 |
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1977, No. 10 |
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1977, No. 16 |
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1979, No. 7 |
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1981, No. 1 |
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Social Welfare Acts, 1981 to 1984 |
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Number 21 of 1984
PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT 1984
REVISED
Updated to 29 July 2021
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.
[30th November, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
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 Business, Enterprise and Innovation.
(2) References to the Department of Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -
(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
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are transferred to the Minister for Business, Enterprise and Innovation.
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(2) References to the Minister for Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
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Protection of Employees (Employers’ Insolvency) Acts 1984 to 2019
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C2
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.
E4
Previous affecting provision: functions under collectively cited Minimum Notice and Terms of Employment Acts transferred and references 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 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8; superseded as per C-note above.
E5
Previous affecting provision: functions under collectively cited Protection of Employees (Employers' Insolvency) Acts transferred and references construed (1.01.2011) by Redundancy and Insolvency Payments (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 189 of 2010), arts. 2, 3(1)(b), in effect as per art. 1(2), subject to transitional provisions in arts. 4-8; superseded as per C-note above.