New protections introduced for employees of insolvent employers

New protections introduced for employees of insolvent employers

New protections for employees in a collective redundancy situation following their employer’s insolvency have come into effect today.

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024, which also provides for the establishment of a new statutory Employment Law Review Group, has been commenced as of Monday 1 July.

Emer Higgins, minister of state for business, employment and retail, said: “I welcome this legislation which strengthens the already robust legislative protections and safeguards afforded to employees involved in redundancy situations.

“Being made redundant can be a difficult experience for workers. This Act improves transparency and communication for workers facing collective redundancies caused by their employer’s insolvency. It also gives all workers the right to take a case to the Workplace Relations Commission if they are made redundant during the 30-day notification period.

“This Act builds upon the significant progress by this government in delivering on the important commitments of the plan of action. It makes targeted and balanced changes to the State’s collective redundancy rules, which enhances our employment legislation and ensures that workers’ rights are upheld.

“I also welcome the establishment of the Employment Law Review Group which will be a valuable resource, allowing for ongoing assessment of employment and redundancy law to ensure that these laws continue to be fit for purpose and are updated to reflect emerging trends and international developments.”

Dara Calleary, the minister of state for trade promotion, digital and company regulation, added: “While Irish businesses have shown a high degree of resilience in the face of successive challenges in recent times, we can anticipate an increase in levels of company restructuring.

“The Companies Act 2014 sets down a framework within which directors and companies are expected to operate. While the vast majority of businesses act fairly and responsibly, this Act will ensure the measures that exist to protect assets from being moved beyond the reach of creditors prior to the opening of insolvency proceedings are more accessible to creditors. It will also further improve the quality and circulation of information to workers as creditors in a liquidation.

“This Act reflects the results of extensive engagement with representatives of employer organisations and trade unions and represents a balanced approach to the need to tackle problems arising from collective redundancies in company insolvencies.”

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