- Phase
- Protection of Employment Act, 1977 (as amended by S.I. No. 370/1996 Protection of Employment Order 1996 and S.I. No. 488/2000 Protection of Employment Regulations 2000)
- Native name
- Protection of Employment Act, 1977 (as amended by S.I. No. 370/1996 Protection of Employment Order 1996 and S.I. No. 488/2000 Protection of Employment Regulations 2000)
- Type
- Definition of collective dismissal
- Added to database
- 08 May 2015
Description
The act requires the following criteria for a definition of collective redundancy: at least 5 redundancies in an establishment employing 21-49 employees; at least 10 redundancies in an establishment employing 50-99 employees; at least 10% of employees made redundant in an establishment employing 100 - 299 employees; and at least 30 redundancies in an establishment that employs 300 or more people.
For the purpose of calculating the number of redundancies where the number of dismissals is at least 10 in an establishment normally employing more than 20 and fewer than 100 employees, terminations of a contract of employment which occur to the individual workers concerned shall be assimilated to redundancies provided there are at least 5 redundancies.
The definition of 'establishment' means an employer or a company or a subsidiary company or a company within a group of companies which can independently effect redundancies.
Civil servants, seamen, and fixed-term employees dismissed due to the expiry of their designated fixed-term contract are excluded from the application of the act.
Sources
- Protection of Employment Act, 1977
-
Statutory Instrument 370 of 1996
-
Statutory Instrument 488 of 2000
-
Protection of Employment Act, 1977
-
Ius Laboris (2011), Individual Dismissals Across Europe, Brussels
-
Ius Laboris (2009), Collective Redundancies Guide, Brussels
-
Purdy, A. (2011), Termination of Employment; A Practical Guide for Employers (2nd ed.), Bloomsbury Professional
-
Watson Wyatt (2006), Employment Terms and Conditions Report Europe Volume I, Brussels
Citation
Eurofound (2015), Ireland: Definition of collective dismissal, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/definition-of-collective-dismissal/ireland