Dáil Éireann Debate, Wednesday - 9 April 2025
82. Deputy Gary Gannon asked the Minister for Enterprise, Trade and Employment if he is aware of reports of alleged improper redundancies and contract downgrading at a language school in Dublin 1 (details supplied); the enforcement mechanisms available to ensure that redundancies are not used to circumvent employment law or union engagement; and if he will make a statement on the matter. [17780/25]
Amharc ar fhreagraFirstly, my thoughts are with all workers facing potential redundancy and I understand this is very difficult time for those involved. Correspondence from an employee of this employer was received by the office of my colleague, Minister Burke, on 2 April.
Ireland has a robust framework of legislative protections and supports for workers who are impacted by redundancy. The Protection of Employment Act 1977 defines collective redundancies as situations where, during any period of 30 consecutive days, the number of redundancies is:
• 5 or more employees, where 21-49 are normally employed in an establishment
• 10 or more employees where 50-99 are normally employed in an establishment
• 10% or more of the employees where 100-299 are employed in an establishment
• 30 or more employees where 300 or more are employed in an establishment
The 1977 Act imposes a number of obligations on an employer that proposes a collective redundancy. This includes undertaking a 30-day information and consultation process with the employees’ representatives, and notifying the Minister for Enterprise, Trade and Employment of the proposed redundancies at least 30 days before they take effect. I received a collective redundancy notification from the employer on 10 February 2025.
Employees with more than one year’s service are also protected under the Unfair Dismissals Acts 1977 – 2015.
The Workplace Relations Commission is the organisation which is mandated to secure compliance with employment rights legislation. Employees have the right to refer complaints to the WRC on a wide range of employment law breaches for an adjudication and compensation where appropriate. This includes if an employer has failed to consult with or provide certain information to the employees’ representatives. An employee can also refer a complaint if they are dismissed before the expiry of the 30-day period following notification to the Minister.
If an employee disputes that a genuine redundancy exists, or if they believe they were unfairly selected for redundancy, they may also make a complaint to the WRC under unfair dismissals legislation. In general, complaints to the WRC must be made within six months of the alleged breach.
