Notification of Proposed Collective Redundancies


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Section 12 of the Protection of Employment Act 1977 (as amended) requires employers to notify the Minister for Employment Affairs and Social Protection in writing of the proposals at least 30 days before the first dismissal takes effect.

Notifications of proposed redundancies should be sent to

Minister  for Employment Affairs and Social Protection
Aras Mhic Dhiarmada, Store Street, Dublin 2

Particulars to be specified by an employer in notification to the Minister of Employment Affairs and Social Protection where collective redundancies are proposed.

Section 2 of SI. No. 140/1977 sets out the information to be provided to the Minister where collective redundancies are proposed.
2. The following particulars shall be specified by an employer in a notification under Section 12 of the Protection of Employment Act, 1977 (No. 7 of 1977) :—
(a) the name and address of the employer, indicating whether he is a sole trader, a partnership or a company;

b) the address of the establishment where the collective redundancies are proposed;

c) the total number of persons normally employed at that establishment;

(d) the number and descriptions or categories of employees whom it is proposed to make redundant;

(e) the period during which the collective redundancies are proposed to be effected, stating the dates on which the first and the final dismissals are expected to take effect;

(f) the reasons for the proposed collective redundancies

(g) the names and addresses of the trade unions or staff associations representing employees affected by the proposed redundancies and with which it has been the practice of the employer to conduct collective bargaining negotiations;

(h) the date on which consultations with each such trade union or staff association commenced and the progress achieved in those consultations to the date of the notification.

Collective Redundancy Legislation

Under the Protection of Employee Acts 1977 – 2007, there are a number of provisions regarding an information and consultation process that must be entered into prior to any redundancies being implemented and regarding the provision of information to employees and to the Minister for Employment Affairs and Social Protection.  The Protection of Employment Act 1977 implemented Council Directive 75/129/EEC.  This Directive was replaced by Council Directive 98/59/EC.

Sections 9 and 10 of the Protection of Employment Act 1977 (as amended) make it mandatory on employers proposing a collective redundancy to engage in an information and consultation process with employees’ representatives and to provide certain information relating to the proposed redundancies.  An employer is prohibited from issuing any notice of redundancy during the mandatory 30-day (minimum) employee information and consultation period. 

Pursuant to section 11 of the Protection of Employment Act 1977 (as amended), an employer found guilty of failing to comply with section 9 (obligation to consult) or section 10 (obligation to supply certain information) may be subject to a fine not exceeding €5,000.

Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 (paragraphs (1) to (3) provides a remedy for employees whose employer has not complied with sections 9 and 10 of the Protection of Employment Act 1977, whereby they may refer complaints to a rights commissioner.

Section 12 of the Protection of Employment Act 1977 (as amended) requires employers to notify the Minister for Employment Affairs and Social Protection in writing of the proposals at least 30 days before the first dismissal takes effect.   However, this requirement applies in the event of a business being terminated following bankruptcy or winding-up proceedings or for any other reason as a result of a decision of a court, only if the Minister requests the notification.

Pursuant to section 13 of the Act (as amended), an employer convicted of contravening section 12 may be subjected to a fine not exceeding €5,000.

Pursuant to section 14 of the Act (as amended), an employer who effects redundancies before the expiry of the 30-day period required under section 12 shall be liable on conviction on indictment to a fine not exceeding €250,000.  However, section 14 does not apply following a business being terminated following bankruptcy or winding-up proceedings or for any other reason as a result of a decision of a court.

The Workplace Relations Commission (WRC) is mandated to secure compliance with employment rights legislation.  The WRC’s Customer Service Section provides information in relation to employment, equality and industrial relations rights and obligations, under the relevant legislation. Any persons with questions regarding their rights or obligations under employment legislation should contact WRC at Lo-call: 1890 80 80 90. The website www.workplacerelations.ie  also provides extensive information on employment rights.

Last modified:12/12/2018