As per section 12 of The Protection of Employment Act 1977, employers are obliged to notify the Minister during a collective redundancy. The notification must take place at the earliest possible opportunity and at least 30 days before the first dismissal takes effect.
Since 1st September 2017, the notification for collective redundancies should be made to the Minister for Employment Affairs and Social Protection, Áras Mhic Dhiarmada, Store Street, Dublin 1.
The notification must include the following;
- The name and address of the employer
- The location of the premises where the collective redundancies are proposed
- The total number of persons normally employed at that premises
- The number of employees whom it is proposed to make redundant
- The description/categories of employees whom it is proposed to make redundant
- The selection criteria that is proposed for the redundancy process
- The method of calculating redundancy payments other than the statutory redundancy payment
- The timeframe of the proposed redundancy process, to include the dates on which the first and final dismissals are expected to take effect
- The reasons for the proposed collective redundancies
- The names and addresses of the trade unions or staff associations representing employees; and
- The date on which consultations with each trade union or staff association commenced and the progress achieved at those consultations.
Importantly, employers are also obliged to engage in a 30-day consultation process with employees affected by the collective redundancy.
It is a criminal offence for an employer to make an employee redundant within the 30-day consultation period, and if found guilty on indictment, the employer will be liable for a maximum fine up to €250,000.
In addition, the Minister, an individual employee, or a group of employees can apply to the courts for an injunction preventing the redundancies taking effect until the necessary consultations have taken place.
If you have any questions regarding collective redundancies or notification to the Minister please contact the advice line on 01 886 0350
