Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007
Number 27 of 2007
PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007
REVISED
Updated to 14 October 2020
This Revised Act is an administrative consolidation of the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007. 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 Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), made 13 October 2020, 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 27 of 2007
PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007
REVISED
Updated to 14 October 2020
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, construction and collective citation.
3. Duration of effect of Part 2 and related matters.
Exceptional Collective Redundancies
4. What constitutes exceptional collective redundancies.
6. Reference to Redundancy Panel.
7. Request by Minister for opinion of Labour Court.
8. Hearings, and giving of opinions, by Labour Court.
10. Extension of time during which dismissal may not take place.
Amendments of the Protection of Employment Act 1977
11. Amendment of section 2 (interpretation) of the Protection of Employment Act 1977.
13. Further amendments (penalties) of the Protection of Employment Act 1977.
Amendments of the Redundancy Payments Act 1967
14. Amendment of section 2 (interpretation) of the Redundancy Payments Act 1967.
17. Amendment of section 38 (decisions by deciding officers) of the Redundancy Payments Act 1967.
19. Further amendments (penalties) of the Redundancy Payments Act 1967.
Amendments of the Redundancy Payments Act 1971
Amendments of the Redundancy Payments Act 1979
22. Amendment of section 1 (definitions) of the Redundancy Payments Act 1979.
Amendments of the Unfair Dismissals Act 1977
24. Amendment of section 1 (definitions) of the Unfair Dismissals Act 1977.
25. Amendment of section 2 (exclusions) of the Unfair Dismissals Act 1977.
Amendments of the Employment Equality Act 1998
Acts Referred to
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1998, No. 21 |
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Employment Equality Acts 1998 and 2004 |
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2004, No. 24 |
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1997, No. 2 |
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1946, No. 26 |
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2000, No. 5 |
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2001, No. 45 |
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1977, No. 7 |
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1996, No. 16 |
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1967, No. 21 |
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1971, No. 20 |
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1979, No. 7 |
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Redundancy Payments Acts 1967 to 2003 |
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2005, No. 26 |
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1997, No. 39 |
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1977, No. 10 |
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Unfair Dismissals Acts 1977 to 2005 |
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1993, No. 22 |
Number 27 of 2007
PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007
REVISED
Updated to 14 October 2020
AN ACT TO MAKE PROVISION, CONSEQUENT ON THE CONCLUSION OF THE TEN-YEAR FRAMEWORK SOCIAL PARTNERSHIP AGREEMENT 2006-2015 KNOWN AS “TOWARDS 2016”, FOR THE ESTABLISHMENT OF A REDUNDANCY PANEL AND THE REFERENCE TO IT OF CERTAIN PROPOSED COLLECTIVE REDUNDANCIES AND FOR RELATED ACTION BY THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT, INCLUDING THE OBTAINING FROM THE LABOUR COURT OF OPINIONS ON THE NATURE OF PROPOSED COLLECTIVE REDUNDANCIES; TO REMOVE THE UPPER AGE LIMIT FOR ENTITLEMENT TO REDUNDANCY PAYMENTS; TO MAKE CONSEQUENTIAL AMENDMENTS OF THE PROTECTION OF EMPLOYMENT ACT 1977, THE REDUNDANCY PAYMENTS ACT 1967, THE REDUNDANCY PAYMENTS ACT 1971, THE REDUNDANCY PAYMENTS ACT 1979, THE UNFAIR DISMISSALS ACT 1977 AND THE EMPLOYMENT EQUALITY ACT 1998; AND TO MAKE FURTHER AMENDMENTS OF THOSE ACTS TO UPDATE PENALTIES AND FOR PURPOSES OF STATUTE-LAW REVISION.
[8th May, 2007]
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 Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27 of 2007)
...
C2
The application of the collectively cited Unfair Dismissals Acts 1977 to 2007 is restricted in certain circumstances. The following is one version of the wording used but there are several:
Power of special manager to remove officers, employees and others
70.— ...
(3) Nothing in subsection (1) or (2) deprives a person of any right to claim compensation or damages from that credit institution for the loss of his or her office or appointment. However—
(a) a court, tribunal or rights commissioner may not grant any remedy that would have the effect of preventing or restraining the special manager from exercising the special manager’s powers under this section, and
(b) a court, tribunal or rights commissioner may not make an order under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
...
Employees are restricted from availing of certain remedies by:
• (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011) s. 70(3)(b), S.I. No. 548 of 2011.
• (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010) ss. 23(3)(b) and 44(6)(b), S.I. No. 623 of 2010.
• (21.01.2009) by Anglo Irish Bank Corporation Act 2009 (1/2009), s. 19(5)(b), commenced on enactment.
C3
The application of the collectively cited Unfair Dismissals Acts is potentially restricted where there is an alternative remedy in the provisions listed below. The following is one version of the wording used, but there are variations:
(3) If the penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee (within the meaning of the Unfair Dismissals Acts 1977 to 2007), relief may not be granted to the employee in respect of that penalisation both under Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.
...
Employees are restricted to availing of one of alternative remedies provided by the Unfair Dismissals Acts and other legislation:
• (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 20(4), S.I. No. 329 of 2015.
• (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 13(2), S.I. No. 327 of 2014.
• (16.10.2014) by Charities Act 2009 (6/2009), s. 62(3), S.I. No. 457 of 2014.
• (1.08.2012) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41(5), S.I. No. 287 of 2013.
• (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) & sch. 4, para. 8(b), commenced on enactment.
• (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), ss. 23(2), 24(2), commenced on enactment.
• (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 70(3)(b) and (b), S.I. No. 548 of 2011.
• (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(4)(a) and (b), S.I. No. 411 of 2011.
• (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), ss. 23(3)(b) and 44(6)(b), S.I. No. 623 of 2010.
• by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 8A(5) and sch. 1 para. 3(8), as inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), ss. 4 and 6, commenced on enactment.
• (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 38(3), commenced on enactment.
• (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 223(5), S.I. No. 545 of 2009.
• by Health Act 2004 (42/2004), s. 55M(4), as inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.
• (21.01.2009) by Anglo Irish Bank Corporation Act 2009 (1/2009), s. 19(5)(b), commenced on enactment.
• (15.07.2008) by Chemicals Act 2008 (13/2008), s. 26(3), S.I. No. 273 of 2008.
• (27.05.2008) by European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008), reg. 39(9).
• by European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003), reg. 10(4), as inserted (8.04.2008) by European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (S.I. No. 95 of 2008), reg. 3(d).
• (13.06.2007) by European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007), reg. 9(7).
• (29.05.2007) by European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007), reg. 20(8).
• (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 87(4) and sch. 6, para. 4(2), S.I. No. 178 of 2007.
• (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(5), S.I. No. 682 of 2006.
• (14.12.2006) by European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006), reg. 19(8).
• (24.07.2006) by Employees (Provision of Information and Consultation) Act 2006 (9/2006), s. 13(7), S.I. No. 382 of 2006.
• by Parental Leave Act 1998 (30/1998), s. 16A(3) as inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 11, commenced on enactment.
• (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 27(5), S.I. No. 328 of 2005.
• by Employment Equality Act 1998 (21/1998), s. 101(2)(b), as substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 30, commenced on enactment.
• (14.07.2003) by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 18(1), commenced on enactment.
• (11.04.2003) by European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), reg. 5(4).
• (1.07.2002) by Competition Act 2002 (14/2002), s. 50(3) and sch. 3, para. 3, S.I. No. 199 of 2002.
• (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 15(3), S.I. No. 636 of 2001.
• (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 16(3), commenced on enactment.
• (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 101(4)(b), S.I. No. 320 of 1999.
• (23.01.1999) by Protections for Persons Reporting Child Abuse Act 1998 (49/1998), s. 4(3), commenced as per s. 7(2).
• (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 26(2), S.I. No. 392 of 1997.
Editorial Notes:
E1
Collectively cited Unfair Dismissals Acts 1977 to 2007, Employment Equality Acts 1998 to 2011, Redundancy Payments Acts 1967 to 2014, Protection of Employment Acts 1977 to 2014 and Terms of Employment (Information) Acts 1994 to 2014 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 14, 15, 18, 19 and 20, 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
Previous affecting provision: functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” 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, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5; superseded as per C-note above.
E3
Previous affecting provision: application of collectively cited Unfair Dismissals Act 2007 potentially restricted by Labour Services Act 1987 (15/1987), s. 13B(3) as inserted (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), s. 7, S.I. No. 12 of 2010; 1987 Act repealed (26.10.2013) by Further Education and Training Act 2013 (25/2013), s. 4, S.I. No. 400 of 2013.