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
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 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 1(6)). 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in so far as it relates to the collectively cited Protection of Employees (Employers’ Insolvency) Acts 1984 and 1990 (repealed)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
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 12 (ss. 86-90)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), Part 15 (ss. 103-107)
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 1972, 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
• Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)
• 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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Protection of Employees (Employers' Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020 (S.I. No. 730 of 2020)
• Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020)
• Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)
• 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 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 revision.
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
...
are transferred to the Minister for Business, Enterprise and Innovation.
...
(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
...
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2019
...
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.