Protection of Employees (Employers Insolvency) Act 1984

Interpretation.

1

1. (1) In this Act—

the Act of 1967 ” means the Redundancy Payments Act, 1967;

F1 [ Act of 2015 means the Workplace Relations Act 2015; ]

F2 [ the Act of 1969 means the Industrial Relations Act 1969 ; ]

the Act of 1973 ” means the Minimum Notice and Terms of Employment Act, 1973;

the Act of 1974 ” means the Anti-Discrimination (Pay) Act, 1974;

the Act of 1977 ” means the Unfair Dismissals Act, 1977;

the Act of 1981 ” means the Social Welfare (Consolidation) Act, 1981;

F3 [ the Act of 1990 means the Industrial Relations Act 1990 ;

the Act of 1991 means the Payment of Wages Act 1991 ;

the Act of 1994 means the Terms of Employment (Information) Act 1994 ;

the Act of 1996 means the Protection of Young Persons (Employment) Act 1996 ;

the Act of 1997 means the Organisation of Working Time Act 1997 ;

the Act of 1998 means the Protections for Persons Reporting Child Abuse Act 1998;

the Act of 2001 means the Protection of Employees (Part-Time Work) Act 2001 ;

the Act of 2002 means the Competition Act 2002 ;

the Act of 2003 means the Protection of Employees (Fixed-Time Work) Act 2003;

the Act of 2004 means the Industrial Relations (Miscellaneous Provisions) Act 2004 ; ]

F4 [ the Act of 2006 means the Employment Permits Act 2006; ]

F5 [ Act of 2011 means the Criminal Justice Act 2011; ]

company” means, except when the context otherwise requires, a company within the meaning of section 2 of the Companies Act, 1963, or any other body corporate whether incorporated within or outside the State;

F8 [ 'competent authority' means

( a ) the authority referred to in Article 2(1) of the Directive, or

( b ) in the case of an employer taken to be, or to have become, insolvent under paragraph (f) of subsection (3) , an authority that is competent, pursuant to the laws, regulations and administrative procedures of the United Kingdom, to

(i) appoint a liquidator or a person performing a similar task,

(ii) open collective proceedings based on the insolvency of the employer, or

(iii) establish that the employers undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of such proceedings; ]

F8 [ Directive means Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 20 on the protection of employees in the event of the insolvency of their employer; ]

employee” means a person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or otherwise, and “ employer” and any reference to employment shall be construed accordingly;

holiday pay ” means—

( a) pay in respect of a holiday actually taken; or

( b) any holiday pay which had accrued at the date of the termination of the employee’s employment and which, had his employment with the employer continued until he became entitled to a holiday, would under the employee’s contract of employment in the ordinary course have become payable to him on becoming so entitled;

F3 [ Member State means a Member State of the European Union ]

the Minister ” means the Minister for Labour;

occupational pension scheme ” means any scheme or arrangement which, forming part of a contract of employment, provides or is capable of providing, in relation to employees in any description of employment, benefits (in the form of pensions or otherwise) payable to or in respect of any such employees on the termination of their employment or on their death or retirement;

F8 [ 'relevant officer' means

( a ) where the employer is insolvent in the State and the employees concerned are employed or habitually employed in the State, an executor, an administrator, the official assignee or a trustee in bankruptcy, a liquidator, a receiver or manager, a trustee under an arrangement between an employer and his creditors or under a trust deed for his creditors executed by an employer,

( b ) where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer, or

( c ) where the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer; ]

F9 [ the Social Insurance Fund means the Social Insurance Fund established under section 39 of the Social Welfare Act, 1952 , and continued in being under section 122 of the Social Welfare (Consolidation) Act, 1981 ; ]

the Tribunal ” means the Employment Appeals Tribunal.

F8 [ United Kingdom includes a territory or other place for whose external relations the United Kingdom is responsible and in which the law of the European Union applied while the United Kingdom was a Member State; ]

(2) Any reference in this Act to the assets of an occupational pensions scheme is a reference to the funds or other property out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or contract entered into, for the purposes of the scheme.

(3) For the purposes of this Act, an employer shall be taken to be or, as may be appropriate, to have become insolvent if, but only if,

( a) he has been adjudicated bankrupt or has filed a petition for or has executed a deed of, arrangement (within the meaning of section 4 of the Deeds of Arrangement Act, 1887); or

( b) he has died and his estate, being insolvent, is being administered in accordance with the rules set out in Part I of the First Schedule to the Succession Act, 1965; or

( c) where the employer is a company, a winding up order is made or a resolution for voluntary winding up is passed with respect to it, or a receiver or manager of its undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures secured by any floating charge, of any property of the company F10 [ comprised in or subject to the charge; or ]

( d) he is an employer of a class or description specified in regulations under section 4 (2) of this Act which are for the time being in force and the circumstances specified in the regulations as regards employers of such class or description obtain F10 [ in relation to him; or ]

F12 [ ( e ) the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State; or ]

F13 [ ( f ) the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom and the employees concerned are employed or habitually employed in the State. ]

Annotations

Amendments:

F1

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(1), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F2

Inserted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(a)(i).

F3

Inserted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(a)(ii)-(iv).

F4

Inserted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(4) and sch. 2 art. 6(1), S.I. No. 682 of 2006.

F5

Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(2) and sch. 2 art. 6(1), S.I. No. 411 of 2011.

F6

Deleted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(a)(v).

F7

Inserted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(a)(v).

F8

Substituted and inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 104(a), (b), S.I. No. 688 of 2020.

F9

Inserted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 28(a), commenced as per s. 31.

F10

Substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(b)(i) and (ii).

F11

Substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(b)(iii).

F12

Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 104(b), S.I. No. 688 of 2020.

F13

Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 104(b), S.I. No. 688 of 2020.

Modifications (not altering text):

C3

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

C4

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.

...

(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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Editorial Notes:

E6

Previous affecting provision: subss. (1), (3) amended by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 87(a)(i)-(iii), (b), not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.

E7

Previous affecting provision: definition of 'competent authority' inserted (8.10.2005) by European Communities (Protection of Employees (Employers Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(a)(ii)-(iv); superseded as per F-note above.

E8

Previous affecting provision: subs. (2)(e) substituted (8.10.2005) by European Communities (Protection of Employees (Employers Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 3(b)(iii); superseded as per F-note above.