Section 12 of the Protection of Employment Acts 1977-2024 provides that an employer proposing collective redundancies must notify the Minister for Enterprise, Tourism and Employment at least 30 days before the first dismissal takes effect.
Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are: 5 employees where 21-49 are employed; 10 employees where 50-99 are employed; 10% of the employees where 100-299 are employed; 30 employees where 300 or more are employed.
My Department has not received a collective redundancy notification from the company referenced in the last six months.
Where redundancies occur which fall below collective redundancy thresholds, employers are still legally obliged to conduct the redundancy process fairly and to use reasonable selection criteria in selecting employees for redundancy. In accordance with the principles of fair procedures and natural justice, any such process should normally include a consultation with potentially affected employees.
If an employee believes their employer has failed to comply with collective redundancy rules or they believe their employment rights have been breached, they can make a complaint to the Workplace Relations Commission (WRC). For most employment rights issues, complaints to the WRC must be made within 6 months of the date of the alleged breach. The WRC can extend this time period to 12 months if the employee can demonstrate reasonable cause.