Number REDUNDANCY PAYMENTS ACT 1967 the . It is prepared by · 2015. 4. 29. · Number 21 of 1967...

Number 21 of 1967

REDUNDANCY PAYMENTS ACT 1967

REVISED

Updated to 15 April 2014

This Revised Act is an administrative consolidation ofthe Redundancy Payments Act 1967. It is prepared bythe Law Reform Commission in accordance with itsfunction under the Law Reform Commission Act 1975(3/1975) to keep the law under review and toundertake revision and consolidation of statute law.

All Acts up to and including Electoral (Amendment)Act 2014 (8/2014), enacted 16 April 2014, and allstatutory instruments up to and including FinancialTransfers (Restrictive Measures Concerning Ukraine)(Prohibition) Order 2014 (S.I. No. 184 of 2014), made15 April 2014, were considered in the preparation ofthis Revised Act.

Disclaimer: While every care has been taken in thepreparation of this Revised Act, the Law ReformCommission can assume no responsibility for and giveno guarantees, undertakings or warrantiesconcerning the accuracy, completeness or up to datenature of the information provided and does notaccept any liability whatsoever arising from anyerrors or omissions. Please notify any errors,omissions and comments by email [email protected].

Number 21 of 1967


REVISED


Introduction

This Revised Act presents the text of the Act as it hasbeen amended since enactment, and preserves theformat in which it was passed.

Related Legislation

Redundancy Payments Acts 1967 to 2014: This Act isone of a group of Acts included in this collectivecitation, to be construed together as one (LocalGovernment Reform Act 2014 (1/2014), s. 1(19)).The Acts in this group are:

• Redundancy Payments Act 1967 (21/1967)• Redundancy Payments Act 1971 (20/1971)

• Redundancy Payments Act 1973 (11/1973) (notamended)

• Redundancy Payments Act 1979 (7/1979)• Protection of Employees (Employer’s Insolvency) Act

1984 (21/1984), s. 12• Social Welfare Act 1990 (5/1990), ss. 26, 27 and 29• Worker Protection (Regular Part‐Time Employees)

Act 1991 (5/1991), in so far as it relates to theRedundancy Payments Acts 1967 to 1990

• Social Welfare Act 1991 (7/1991), s. 39 other thansubs. (2)

• Protection of Employees (Part‐Time Work) Act 2001(45/2001), in so far as it relates to theRedundancy Payments Acts 1967 to 1990

• Redundancy Payments Act 2003 (14/2003)• Protection of Employment (Exceptional Collective

Redundancies and Related Matters) Act 2007(27/2007), insofar as it relates to the RedundancyPayments Acts 1967 to 2003

• Social Welfare Act 2011 (37/2011), Part 3• Social Welfare Act 2012 (43/2012), Part 3• Local Government Reform Act 2014 (1/2014), s.

1(19) and the amendment to the RedundancyPayments Act 1967 provided for in s. 5(6) andsch. 2 part 6

Annotations

This Revised Act is annotated and includes textual andnon‐textual amendments, statutory instrumentsmade pursuant to the Act and previous affectingprovisions.

An explanation of how to read annotations isavailable atwww.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, thoseamendments may have been superseded by otheramendments in other legislation, or the amended

legislation may have been repealed or revoked. Thisinformation is not represented in this revision but willbe reflected in a revision of the amended legislation ifone is available.

Where legislation or a fragment of legislation isreferred to in annotations, changes to this legislationor fragment may not be reflected in this revision butwill be reflected in a revision of the legislationreferred to if one is available.

A list of legislative changes to any Act, and tostatutory instruments from 2000, may be found inthe Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected thisrevision

• Local Government Reform Act 2014 (1/2014)• Further Education and Training Act 2013 (25/2013)• Education and Training Boards Act 2013 (11/2013)• Social Welfare Act 2012 (43/2012)• Protection of Employees (Temporary Agency Work)

Act 2012 (13/2012)• Social Welfare Act 2011 (37/2011)• Inland Fisheries Act 2010 (10/2010)• Labour Services (Amendment) Act 2009 (38/2009)• National Asset Management Agency Act 2009

(34/2009)• Protection of Employment (Exceptional Collective

Redundancies and Related Matters) Act 2007(27/2007)

• Employment Permits Act 2006 (16/2006)• Parental Leave (Amendment) Act 2006 (13/2006)• Adoptive Leave Act 2005 (25/2005)• Safety, Health and Welfare at Work Act 2005

(10/2005)• Maternity Protection (Amendment) Act 2004

(28/2004)• Social Welfare (Miscellaneous Provisions) Act 2004

(9/2004)• Protection of Employees (Fixed‐Term Work) Act

2003 (29/2003)• Redundancy Payments Act 2003 (14/2003)• Protection of Employees (Part‐Time Work) Act 2001

(45/2001)• National Minimum Wage Act 2000 (5/2000)• Parental Leave Act 1998 (30/1998)• Employment Equality Act 1998 (21/1998)• Taxes Consolidation Act 1997 (39/1997)• Organisation of Working Time Act 1997 (20/1997)• Adoptive Leave Act 1995 (2/1995)• Maternity Protection Act 1994 (34/1994)• Irish Shipping Limited (Payments To Former

Employees) Act 1994 (10/1994)• Terms of Employment (Information) Act 1994

(5/1994)• Unfair Dismissals (Amendment) Act 1993 (22/1993)• Payment of Wages Act 1991 (25/1991)• Social Welfare Act 1991 (7/1991)• Worker Protection (Regular Part‐Time Employees)

Act 1991 (5/1991)• Pensions Act 1990 (25/1990)• Social Welfare Act 1990 (5/1990)• Labour Services Act 1987 (15/1987)• Social Welfare Act 1987 (2/1987)• Social Welfare Act 1986 (8/1986)• Protection of Employees (Employers’ Insolvency) Act

1984 21/1984)• Redundancy Payments Act 1979 (7/1979)• Unfair Dismissals Act 1977 (10/1977)• Redundancy Payments Act 1973 (11/1973)• Redundancy Payments Act 1971 (20/1971)

All Acts up to and including Electoral (Amendment)Act 2014 (8/2014), enacted 16 April 2014, wereconsidered in the preparation of this revision.

Statutory instruments which affect or previouslyaffected this revision:

• Finance (Transfer of Departmental Administrationand Ministerial Functions) Order 2011 (S.I. No.418 of 2011)

• European Communities (Working Conditions ofMobile Workers Engaged in Interoperable Cross‐Border Services in the Railway Sector)Regulations 2009 (S.I. No. 377 of 2009)

• European Communities (Organisation of WorkingTime) (Mobile Staff in Civil Aviation) Regulations2006 (S.I. No. 507 of 2006)

• Redundancy Payments (Lump Sum) Regulations2004 (S.I. No. 695 of 2004)



• Redundancy (Notice of Dismissal) Regulations 1991(S.I. No. 348 of 1991)

• Redundancy Certificate Regulations 1991 (S.I. No.347 of 1991)

• Redundancy (Rebates) Regulations 1990 (S.I. No.122 of 1990)


• Redundancy Payments (Variation of Employer’sRedundancy Contribution) Regulations 1989 (S.I.No. 68 of 1989)

• Redundancy Payments (Cork Port Dockers)Regulations 1987 (S.I. No. 211 of 1987)



• Redundancy (Rebates) Regulations 1984 (S.I. No.222 of 1984)




• Redundancy Payments (Lump Sum) Regulations

1983 (S.I. No. 108 of 1983)• Redundancy Payments (Employer’s Redundancy

Contribution) Regulations 1983 (S.I. No. 84 of1983)

• Redundancy (Resettlement Assistance) (Revocation)Regulations 1982 (S.I. No. 251 of 1982)

• Redundancy (Resettlement Assistance) Regulations1982 (S.I. No. 248 of 1982)





• Regulations Entitled Redundancy (ResettlementAssistance) Regulations 1979 (S.I. No. 322 of1979)

• Redundancy Contributions (Method of Payment)(Revocation) Regulations 1979 (S.I. No. 116 of1979)

• Redundancy (Inspection of Records) Regulations1979 (S.I. No. 115 of 1979)

• Redundancy (Employment Appeals Tribunal)Regulations 1979 (S.I. No. 114 of 1979)

• Redundancy (Rebates and Weekly Payments)Regulations 1979 (S.I. No. 113 of 1979)



• Redundancy Payments (Weekly Payments) Order1976 (S.I. No. 126 of 1976)

• Redundancy Contributions (Variation of Rates)Order 1976 (S.I. No. 81 of 1976)


• Redundancy Payments (Waterford Port Dockers)Regulations 1975 (S.I. No. 73 of 1975)


• Redundancy Payments (Weekly Payments andLump Sum) Order 1974 (S.I. No. 82 of 1974)

• Redundancy Payments (Limerick Port Dockers)Regulations 1974 (S.I. No. 59 of 1974)

• Redundancy Payments (Galway Port Dockers)Regulations 1973 (S.I. No. 261 of 1973)

• Minimum Notice and Terms of Employment(Reference of Disputes) Regulations 1973 (S.I. No.243 of 1973)


• Redundancy Payments (Dundalk Port Dockers)Regulations 1973 (S.I. No. 95 of 1973)

• Redundancy Payments (Dublin Port Dockers)Regulations 1973 (S.I. No. 42 of 1973)


• Redundancy Payments (Dublin Port Dockers)Regulations 1971 (S.I. No. 301 of 1971)



• Redundancy (Rebates and Weekly Payments)(Amendment) Regulations 1969 (S.I. No. 134 of1969)

• Redundancy (Redundancy Appeals Tribunal)(Amendment) Regulations 1969 (S.I. No. 26 of1969)

• Redundancy Contributions (Method of Payment)Regulations 1968 (S.I. No. 272 of 1968)

• Redundancy (Collection of Contributions)(Revocation) Regulations 1968 (S.I. No. 271 of1968)

• Redundancy Payments Act (Authorised Officers)Order 1968 (S.I. No. 106 of 1968)

• Redundancy (Redundancy Appeals Tribunal)Regulations 1968 (S.I. No. 24 of 1968)

• Redundancy (Inspection of Records) Regulations1968 (S.I. No. 12 of 1968)

• Redundancy (Rebates and Weekly Payments)Regulations 1968 (S.I. No. 11 of 1968)


• Redundancy (Repayment and Recovery ofPayments) Regulations 1968 (S.I. No. 5 of 1968)

• Redundancy (Collection of Contributions)Regulations 1968 (S.I. No. 4 of 1968)

• Redundancy Certificate Regulations 1968 (S.I. No. 3of 1968)

• Redundancy (Notice of Dismissal) Regulations 1968.(S.I. No. 2 of 1968)

• Redundancy Payments Act, 1967 (Appointed Day)Order 1967 (S.I. No. 302 of 1967)

All statutory instruments up to and including FinancialTransfers (Restrictive Measures Concerning Ukraine)(Prohibition) Order 2014 (S.I. No. 184 of 2014), made15 April 2014, were considered in the preparation ofthis revision.

Number 21 of 1967


REVISED


ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY AND GENERAL

Section1. Short title.

2. Interpretation.

3. Commencement.

4. Classes of persons to which this Actapplies.

5. Laying of regulations and certain draftorders before Houses ofOireachtas.

PART II

REDUNDANCY PAYMENT

6. Definition for Part II.

7. General right to redundancy payment.

8. Qualification of general right undersection 7.

9. Dismissal by employer.

10. Employee anticipating expiry ofemployer’s notice.

11. Lay‐off and short‐time.

12. Right to redundancy payment by reasonof lay‐off or short‐time.

13. Right of employer to give counter‐notice.

14. Disentitlement to redundancy paymentbecause of dismissal formisconduct.

15. Disentitlement to redundancy paymentfor refusal to accept alternativeemployment.

16. Associated companies.

17. Notice of proposed dismissal forredundancy.

18. Redundancy certificate.

19. Payment of lump sum by employer.

20. Change of ownership of business.

21. Implied or constructive termination ofcontract.

22. Application of this Part upon employer’sor employee’s death.

23. Modification of right to redundancypayment where previousredundancy payment has beenpaid.

24. Time‐limit on claims for redundancypayment.

25. Employment wholly or partly abroad.

PART III

REDUNDANCY FUND

26. Establishment of the Redundancy Fund.

27. Financing of Redundancy Fund.

28. Amount of weekly contribution toRedundancy Fund.

29. Rebates to employers from theRedundancy Fund.

30. Weekly payments to employees fromRedundancy Fund.

31. Regulations as to entitlement to weeklypayment and to allowance underIndustrial Training Act, 1967.

32. Other payments to employees from

Redundancy Fund.

33. Regulations as to payment ofcontributions.

34. Preparation and issue of redundancystamps, etc.

35. Persons employed by more than oneemployer, etc.

36. Regulations for Part III.

PART IV

MISCELLANEOUS PROVISIONS

37. Deciding officers.

38. Decisions by deciding officers.

39. Redundancy Appeals Tribunal andappeals and references thereto.

40. Reference and appeal to the High Court.

41. Revision of decisions.

42. Provisions relating to winding up andbankruptcy.

43. Recovery of sums due to RedundancyFund.

44. Application of section 52 of the Act of1952.

45. Application of Section 53 of Act of 1952.

46. Aid to unemployed persons changingresidence.

47. Special redundancy schemes foremployees excluded from Act.

48. Provision for officers and servants onCóras Iompair Éireann andÓstlanna Iompair ÉireannTeoranta.

49. Power to modify or wind‐up existingschemes and arrangements forthe provision of superannuationand redundancy payments.

50. Application of Probation of OffendersAct, 1907.

51. Voidance of purported exclusion ofprovisions of this Act.

52. Offences by bodies corporate.

53. Provisions regarding notices.

54. Certificate of decision by decidingofficer.

55. Power to remove difficulties.

56. Expenses of Minister.

57. Regulations regarding keeping ofrecords, furnishing ofinformation and inspection ofrecords.

58. Regulations providing for offences.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

ACTS REFERRED TO

Social Welfare Act, 1952 1952, No. 11

http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN.ACT.1952.0011.HTM

Companies Act, 1963 1963, No. 33

Industrial Training Act,1967

1967, No. 5

Deeds of Arrangement Act,1887

1887, c. 57

Succession Act, 1965 1965, No. 27

Public Offices Fees Act,1879

1879, c. 58

Inland RevenueRegulations Act, 1890

1890, c. 21

Stamp DutiesManagement Act, 1891

1891, c. 38

Stamp Act, 1891 1891, c. 39

Post Office Act, 1908 1908, c. 48

Preferential Payments inBankruptcy (Ireland) Act,1889

1889, c. 60

Bankruptcy (Ireland)Amendment Act, 1872

1872, c. 58

Transport Act, 1964 1964, No. 30

Probation of OffendersAct, 1907

1907, c. 17

Social Welfare(Occupational Injuries) Act,1966

1966, No. 16

Number 21 of 1967







REVISED


AN ACT TO PROVIDE FOR THE MAKING BYEMPLOYERS OF PAYMENTS TO EMPLOYEES INRESPECT OF REDUNDANCY, TO ESTABLISH AREDUNDANCY FUND AND TO REQUIREEMPLOYERS AND EMPLOYEES TO PAYCONTRIBUTIONS TOWARDS THAT FUND, TOPROVIDE FOR PAYMENTS TO BE MADE OUT OFTHAT FUND TO EMPLOYERS AND EMPLOYEES, TOPROVIDE FINANCIAL ASSISTANCE TO CERTAINUNEMPLOYED PERSONS CHANGING RESIDENCE,AND TO PROVIDE FOR OTHER MATTERS(INCLUDING OFFENCES) CONNECTED WITH THEMATTERS AFORESAID. [18th December, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

Act included in collective citation and construction(30.01.2014) by Local Government Reform Act 2014(1/2014), s. 1(19), S.I. No. 38 of 2014.

Short title, collective citations, constructions andcommencement.

1. — ...

(19) This subsection, the amendment to theRedundancy Payments Act 1967 provided for in section 5(6) and Part 6 of Schedule 2, and the RedundancyPayments Acts 1967 to 2012 shall be construed togetheras one and may be cited together as the RedundancyPayments Acts 1967 to 2014.

Acts included in the collective citation and construction:• (30.01.2014) by Local Government Reform Act 2014

(1/2014), s. 1(19), S.I. No. 38 of 2014.

C1

• (21.12.2012) by Social Welfare Act 2012 (43/2012), Part3, s. 1(3), commenced on enactment.

• (19.12.2011) by Social Welfare Act 2011 (37/2011), Part3, s. 1(3), commenced on enactment.

• (8.05.2007) by Protection of Employment (ExceptionalCollective Redundancies and Related Matters) Act2007 (27/2007), s. 1(3) insofar as it relates to theRedundancy Payments Acts 1967 to 2003

• (25.05.2003) by Redundancy Payments Act 2003(14/2003) s. 17(3), S.I. No. 194 of 2003.

• (20.12.2001) by Protection of Employees (Part‐TimeWork) Act 2001 (45/2001), s. 1(4), S.I. No. 636 of 2001.

• (17.06.1991) by Worker Protection (Regular Part‐TimeEmployees) Act 1991 (5/1991), s. 8(2), S.I. No. 144 of1991.

• (1.04.1991) by Social Welfare Act 1991 (7/1991), s. 1(3),commenced on enactment.

• (4.04.1990) by Social Welfare Act 1990 (5/1990), s. 1(4),commencement on enactment.

• (30.11.1984) by Protection of Employees (Employers’Insolvency) Act 1984 (21/1984), s. 18, commenced onenactment.

• (6.04.1979) by Redundancy Payments Act 1979(7/1979), s. 21(2), S.I. No. 95 of 1979.



Application of collectively cited Redundancy PaymentsActs 1967 to 1990 (“relevant enactment” as per s. 3)extended (20.12.2001) by Protection of Employees (Part‐Time Work) Act 2001 (45/2001), s. 8, S.I. No. 636 of 2001.

Application of relevant enactments.8.— Each relevant enactment shall apply to a part‐time

employee in the same manner, and subject to the likeexceptions not inconsistent with this section, as it applies,other than by virtue of this Act, to an employee to whomthat enactment relates.

C2

Application of collectively cited Redundancy PaymentsActs 1967 to 1991 not restricted (1.04.2000) by NationalMinimum Wage Act 2000 (5/2000), s. 41(12), S.I. No. 96of 2000.

Employer in financial difficulty41. — ...

(12) For the purposes of calculating an employee’s

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entitlement to a redundancy payment under theRedundancy Payments Acts, 1967 to 1991, any exemptionunder this section shall be ignored and the calculationmade as if the employee had been paid the nationalminimum hourly rate of pay to which he or she wasotherwise entitled under this Act, for the period of theexemption.

Application of collectively cited Redundancy PaymentsActs 1967 to 1990 extended (1.05.1997) by LabourServices Act Apprenticeship Rules 1997 (S.I. No. 168 of1997), rl. 7(1).

Dismissal7. (1) Subject to 7 (2), no employer shall dismiss any

apprentice save in strict accordance with the provision ofthe Unfair Dismissals Acts 1977 and 1993, the Protectionof Employment Act 1977, the Minimum Notice and Termsof Employment Act 1973, and the Redundancy PaymentsActs 1967 to 1990.

C4

Application of collectively cited Redundancy PaymentsActs 1967 to 1990 (‘relevant enactment‘ as per s. 1)extended (17.06.1991) by Worker Protection (RegularPart‐Time Employees) Act 1991 (5/1991), s. 3, S.I. No. 144of 1991.

Application of relevant enactments.3.—Subject to section 2 of this Act and where

appropriate, each relevant enactment, other than theHolidays (Employees) Act, 1973, shall apply to a regularpart‐time employee in the same manner as it applies,other than by virtue of this Act, to an employee to whomthat enactment relates.

C5

References to “Redundancy Fund” construed (30.11.1984)by Protection of Employees (Employers’ Insolvency) Act1984 (21/1984), s. 2, commenced on enactment.

Redundancy and Employers’ Insolvency Fund.2.—(1) The fund established by section 26 of the Act of

1967 shall be known as the Redundancy and Employers’Insolvency Fund and references in that Act or in any otherAct of the Oireachtas or in any instrument made underany Act of the Oireachtas to the Redundancy Fund shallbe construed as a reference to the Redundancy andEmployers’ Insolvency Fund.

(2) Any reference in the Social Welfare Acts, 1981 to1984, or in section 28 (inserted by section 3 of theRedundancy Payments Act, 1979 ) of the Act of 1967 to anemployer’s redundancy contribution shall be construed as

C6

including a reference to any amount which thatcontribution comprises by reason of the passing of thisAct.

Term “Redundancy Appeals Tribunal” construed(9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s.18, S.I. No. 138 of 1977.

Employment Appeals Tribunal.18.—The tribunal established by section 39 of the

Redundancy Payments Act, 1967, shall be known as theEmployment Appeals Tribunal and references in that Actand any other Act of the Oireachtas and any instrumentmade under any Act of the Oireachtas to the RedundancyAppeals Tribunal shall be construed as references to theEmployment Appeals Tribunal.

C7

Application of Act extended (1.09.1971) by RedundancyPayments Act 1971 (20/1971), s. 2, S.I. No. 230 of 1971.

Extension of application of certain provisions of Acts.2. — In relation to an employee whose employment is

terminated by reason of redundancy on or after thecommencement of this Act, any provision of the PrincipalAct or this Act which affects or relates to the preservationof continuity of the employee‘s employment shall apply toperiods of employment before the 1st day of January,1968, as they apply to such periods after that date.

C8

Application of Act restricted (1.09.1971) by RedundancyPayments Act 1971 (20/1971), s. 3, S.I. No. 230 of 1971.

Provisions relating to persons who attain age of 70years.

3. —(1) Notwithstanding section 4 (1) of the PrincipalAct, that Act shall not apply to a person who on the dateof termination of his employment had attained the age of70 years.

(2) Notwithstanding subsection (1) of this section, aperson who is in receipt of a weekly payment when heattains the age of 70 years shall continue to be entitled toreceive such further weekly payments as he would havebeen entitled to receive if he had not attained that age.

C9

Application of Act extended (1.10.1971) by RedundancyPayments Act 1971 (20/1971), s. 8, S.I. No. 230 of 1971.

Redundancy payment to certain employees dismissedbefore commencement of Act.

8.— (1) Where an employee who was dismissed beforethe commencement of this Act was not entitled to

C10

redundancy payment under the Principal Act in respect ofthe dismissal solely because the requirements of thebusiness carried on by his employer for employees tocarry out work of a particular kind, or to carry out suchwork in the place where the employee had been soemployed, had not ceased or diminished or were notexpected to cease or diminish, the Minister may, at hisdiscretion and notwithstanding the Principal Act, pay tothat employee out of the Redundancy Fund a sum equal inamount to the sum to which he would have been entitledunder the Principal Act if the said requirements hadceased or diminished or were expected to cease ordiminish.

(2) In relation to the amendments of the Principal Actreferred to in section 19 (2), the Minister may, in respectof a dismissal or a termination of employment in theperiod beginning on the 22nd day of January, 1971 andending on the commencement of this section andnotwithstanding the Principal Act, pay to an employee outof the Redundancy Fund any moneys to which theemployee may become entitled by virtue of the saidsection 19 (2).

Power to adapt and modify Act vested in Minister(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 17, S.I. No. 230 of 1971.

Reciprocal arrangements17.—(1) The Minister may make such orders as may be

necessary to carry out any reciprocal or otherarrangements, made with the proper authority under anyother Government, in respect of matters relating toredundancy payments, and may by any such order makesuch adaptations of and modifications in the Principal Actas he considers necessary.

(2) The Minister may by order amend or revoke anorder under this section.

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PART I

PRELIMINARY AND GENERAL

Short title.

1.—This Act may be cited as the RedundancyPayments Act, 1967.

Interpretation.

2.—(1) In this Act—

“the Act of 1952” means the Social Welfare Act,1952;

F1[‘adopting parent’ means an employee who is anemployed adopting mother, an adopting father orsole male adopter within the meaning of section 2 (1)of the Adoptive Leave Act, 1995;]

“business” includes a trade, industry, profession orundertaking, or any activity carried on by a person orbody of persons, whether corporate orunincorporate, or by a public or local authority or aDepartment of State, and the performance of itsfunctions by a public or local authority or aDepartment of State;

F2[‘contract of employment’ means—

(a) a contract of service or apprenticeship, and

(b) any other contract whereby an individualagrees with another person, who iscarrying on the business of anemployment agency within the meaningof the Employment Agency Act 1971 andis acting in the course of that business, todo or perform personally any work orservice for a third person (whether or notthe third person is a party to thecontract),

whether the contract is express or implied and, ifexpress, whether it is oral or in writing and referencesto ‘contract’ shall be construed accordingly;]

“date of dismissal”, in relation to an employee, means—

(a) where his contract of employment isterminated by notice given by his


http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN.ACT.1971.0027

employer, the date on which that noticeexpires,

(b) where his contract of employment isterminated without notice, whether bythe employer or by the employee, thedate on which the termination takeseffect, and

(c) where he is employed under a contract for afixed term, and that term expires withoutthe contract being renewed, the date onwhich that term expires,

and cognate phrases shall be construed accordingly;

F3[‘employee’ means a person of 16 years andupwards who has entered into or works under (or,where the employment has ceased, entered into orworked under) a contract of employment andreferences, in relation to an employer, to anemployee shall be construed as references to anemployee employed by that employer and, for thepurposes of this Act, a person holding office under, orin the service of, the State (including a civil servantwithin the meaning of the Civil Service Regulation Act1956) shall be deemed to be an employee employedby the State or Government, as the case may be, andan officer or servant of a local authority, a harbourauthority, the Eastern Regional Health Authority, theNorthern Area Health Board, the East Coast AreaHealth Board or the South‐Western Area HealthBoard, a health board or F4[education and trainingboard] shall be deemed to be an employee employedby the authority, health board or F4[education andtraining board], as the case may be;]

F5[‘employer’ means, in relation to an employee, theperson with whom the employee has entered into orfor whom the employee works under (or, where theemployment has ceased, entered into or workedunder) a contract of employment, subject to thequalification that the person who under a contract of


employment referred to in paragraph (b) of thedefinition of ‘contract of employment’ is liable to paythe wages of the individual concerned in respect ofthe work or service concerned shall be deemed to bethe individual’s employer;]

F6[…]

F7[‘the National Manpower Service’ means theservice known by that title and operated under thecontrol of the Minister;]

“lay‐off” has the meaning assigned to it by section 11(1);

F8[‘local authority’ means a county council, a citycouncil or a town council for the purposes of theLocal Government Act 2001;]

“lump sum” has the meaning assigned to it by section19;

F9[‘ Minister’ means the Minister for Enterprise,Trade and Employment;]

“prescribed” means prescribed by regulations madeby the Minister under this Act;

“rebate” has the meaning assigned to it by section 29;

“redundancy payment” has the meaning assigned toit by section 7;

“short‐time” has the meaning assigned to it by section11 (2) F10[or section 11 (3) (as the case may be)];

“sickness” or “illness” includes being incapable ofwork within the meaning of the Act of 1952;

F11[‘the Social Insurance Fund’ means the SocialInsurance Fund established under section 39 of theSocial Welfare Act, 1952, and continued in beingunder section 122 of the Social Welfare(Consolidation) Act, 1981;]


http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN.ACT.1952.0011.HTM#SEC39




“special redundancy scheme” has the meaningassigned to it by section 47;

“the Tribunal” has the meaning assigned to it bysection 39 (1);

“week”, in relation to an employee whoseremuneration is calculated weekly by a week endingon a day other than Saturday, means a week endingon that other day and, in relation to any otheremployee, means a week ending on Saturday, and“weekly” shall be construed accordingly;

“weekly payment” has the meaning assigned to it bysection 30.

(2) In this Act a reference to a Part, section orschedule is to a Part or section of, or schedule to, thisAct unless it is indicated that reference to some otherenactment is intended.

(3) In this Act a reference to a subsection,paragraph, sub‐paragraph or other division is to thesubsection, paragraph, sub‐paragraph or otherdivision of the provision (including a schedule) inwhich the reference occurs, unless it is indicated thatreference to another provision is intended.

(4) For the purposes of the operation of this Act inrelation to an employee whose remuneration ispayable to him by a person other than his employer,reference in this Act to an employer shall beconstrued as reference to the person by whom theremuneration is payable.

Annotations:

Amendments:

Inserted (20.03.1995) by Adoptive Leave Act 1995(2/1995), s. 27, S.I. No. 64 of 1995.

F1

Inserted (25.05.2003) by Redundancy Payments Act 2003(14/2003), s. 3(a), S.I. No. 194 of 2003.

F2


Editorial Notes:

Substituted (25.05.2003) by Redundancy Payments Act2003 (14/2003), s. 3(b), S.I. No. 194 of 2003.

F3

Substituted (1.07.2013) by Education and Training BoardsAct 2013 (11/2013), s. 72 and sch. 6 item 4, S.I. No. 211 of2013.

F4

Substituted (25.05.2003) by Redundancy Payments Act2003 (14/2003), s. 3(c), S.I. No. 194 of 2003.

F5

Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991),s. 39(1) and sch. C, commenced as per s. 39(3).

F6

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 19 and sch., S.I. No. 230 of 1971.

F7

Inserted (25.05.2003) by Redundancy Payments Act 2003(14/2003), s. 3(d), S.I. No. 194 of 2003.

F8

Substituted (8.05.2007) by Protection of Employment(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 14, commenced onenactment.

F9

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 19 and sch., S.I. No. 230 of 1971.

F10

Inserted (1.05.1990) by Social Welfare Act 1990 (5/1990),s. 26(a), commenced as per s. 31.

F11

Substituted by Local Government Reform Act 2014(1/2014), s. 5(8) and sch. 2 part 6, not commenced as ofdate of revision.

F12

C12 Prospective affecting provision: definition of "localauthority" substituted by Local Government Reform Act2014 (1/2014), s. 5(8) and sch. 2 part 6, not commencedas of date of revision.

2.—(1) In this Act—

...F12[‘local authority’ means a local authority for thepurposes of the Local Government Act 2001 (as amendedby the Local Government Reform Act 2014);]...

C13

Previous affecting provision: s. 2(1) definition substitutedE1


(6.04.1979) by Redundancy Payments Act 1979 (7/1979) s.17 and sch., S.I. No. 95 of 1979; deleted as per F‐noteabove.

Commencement.

3.—This Act shall come into operation on such dayas the Minister appoints by order.

Annotations:

Editorial Notes:

Power pursuant to section exercised (1.01.1968) byRedundancy Payments Act 1967 (Appointed Day) Order1967 (S.I. No. 302 of 1967).

2. The 1st day of January, 1968, is hereby appointed tobe the day on which the Redundancy Payments Act, 1967(No. 21 of 1967), shall come into operation.

E2

Classes of persons to which this Act applies.

4.—F13[(1) Subject to this section and to section47, this Act applies to—

(a) employees employed in employment whichis insurable for all benefits under theSocial Welfare Consolidation Act 2005,

(b) employees who were so employed in suchemployment in the period of four yearsending on the date of termination ofemployment, and

(c) employees who have attained the age of 66years and are in employment that wouldbe insurable for all benefits under theSocial Welfare Consolidation Act 2005 butfor—

(i) their attainment of that age, or



(ii) the fact that the employmentconcerned is excepted employmentby reason of paragraph 2, 4 or 5 ofPart 2 of Schedule 1 to that Act. ]

F14[(2) This Act shall apply to an employeeemployed in employment which would be insurablefor all benefits under the Social Welfare(Consolidation) Act 1993 but for the fact that theemployment concerned is an excepted employmentby virtue of paragraph 2, 4 or 5 of Part II of the FirstSchedule to that Act.]

(3) (a) For the purpose of the application of this Actto an employee who is employed in aprivate household this Act (other thansection 20) shall apply as if the householdwere a business and the maintenance ofthe household were the carrying on ofthat business by the employer.

(b) This Act shall not apply to any person inrespect of employment where theemployer is the father, mother,grandfather, grandmother, stepfather,stepmother, son, daughter, grandson,granddaughter, stepson, stepdaughter,brother, sister, halfbrother or halfsister ofthe employee, where the employee is amember of the employer’s household andthe employment is related to a privatedwelling house or a farm in or on whichboth the employer and the employeereside.

F15[(c) In deducing any relationship for thepurposes of paragraph (b)—

(i) a person adopted under the AdoptionActs, 1952 and 1964, shall beconsidered the legitimate offspring ofthe adopter or adopters;


(ii) subject to clause (i) of this paragraph,an illegitimate person shall beconsidered the legitimate offspring ofhis mother and reputed father;

(iii) a person in loco parentis to anothershall be considered the parent of thatother.]

(4) The Minister may by order declare that this Actshall not apply to a class or classes of personsspecified in the order and from the commencementof the order this Act shall not apply to that class orthose classes.

(5) Notwithstanding subsection (2), the Ministermay by order declare that this Act shall apply to aspecified class of worker and from thecommencement of the order this Act shall apply tothat class.

(6) The Minister may by order amend or revoke anorder under this section.

Annotations:

Amendments:


Substituted (8.05.2007) by Protection of Employment(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 15, commenced onenactment.

F13

Substituted (25.05.2003) by Redundancy Payments Act2003 (14/2003), s. 4, S.I. No. 194 of 2003.

F14

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.

F15

Power to prescribe, amend and revoke regulations vestedin Minister (17.06.91) by Worker Protection (Regular Part‐Time Employees) Act 1991 (5/1991), s. 1(3)(a), S.I. No.144 of 1991.

C14

Interpretation.1.— ...

(3) (a) The Minister may, for the purposes ofparagraphs (a) (i), (f) (i) and (g), or any ofthem, of the definition of “excludingprovision”, by order prescribe any regulationsmade by the Minister for Social Welfare andto which either or both subsection (1) ofsection 4 of the Act of 1967 and section 3 ofthe Act of 1984 relates and may by orderamend or revoke any order so prescribing.

...

Application of subs. (2) modified (17.06.91) by WorkerProtection (Regular Part‐Time Employees) Act 1991(5/1991), s. 2(3)(b)(i), S.I. No. 144 of 1991.

Continuous service.2.— ...

(3) (b) For the purpose of calculating the part of aperiod of continuous service to whichparagraph (a) of this subsection relates, butwhich is not calculable in accordance withsubsection (1) of this section, that part shall—

(i) in respect of the Act of 1967, be calculatedunder that Act as if the reference thereinin section 4 (2) (as amended by the Act of1984) to “18 hours” were a reference to “8hours”,

...

C15

Power to amend vested in Minister (30.11.84) byProtection of Employees (Employers’ Insolvency) Act 1984(21/1984), s. 11(3), commenced on enactment.

Power to amend Act.11. — ...

(3) The Minister may from time to time by orderamend section 4 (2), as amended by section 17 of theRedundancy Payments Act, 1979, and by section 12 of thisAct, of the Act of 1967, so as to vary the number of hoursspecified therein.

C16

Application of Act restricted by Redundancy Payments Act1971 (20/1971), s. 3, as substituted (6.04.79) byRedundancy Payments Act 1979 (7/1979), s. 5, S.I. No. 95of 1979.

C17

Annotations:

Editorial Notes:

Provisions relating to persons who attain age of 70years.

3.— Notwithstanding section 4 (1) of the Principal Act,that Act shall, with effect from the 6th day of April, 1980,not apply to a person who on the date of termination ofhis employment had attained the age which on that dateis the pensionable age within the meaning of the SocialWelfare Act, 1952.

Previous affecting provision: subs. (2) amended(6.04.1979) by Redundancy Payments Act 1979 (7/1979),s. 17 and sch., S.I. No. 95 of 1979; further amended(30.11.1984) by Protection of Employees (Employers’Insolvency) Act 1984 (21/1984), s. 12, commenced onenactment; subsequently substituted as per F‐note above.

E3

Previous affecting provision: subs. (1) amended(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 19(1) and sch., S.I. No. 230 of 1971; subsequentlysubstituted as per F‐note above.

E4

Laying of regulations and certain draft ordersbefore Houses of Oireachtas.

5.—(1) Whenever an order is proposed to be madeunder section 4 (4), 4 (5), 4 (6), 19 (3), F16[…] 30 (3)or 47 F17[or Section 17 of the Redundancy PaymentsAct, 1971], a draft of the proposed order shall be laidbefore each House of the Oireachtas and the ordershall not be made until a resolution approving of thedraft has been passed by each such House.

(2) Every regulation made under this Act shall belaid before each House of the Oireachtas as soon asmay be after it is made and, if a resolution annullingthe regulation is passed by either such House withinthe next twenty‐one days on which that House has satafter the regulation is laid before it, the regulationshall be annulled accordingly, but without prejudiceto the validity of anything previously donethereunder.

Amendments:


F16

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 19(1) and sch., S.I. No 230 of 1971.

F17

PART II

REDUNDANCY PAYMENT

Definitions for Part II.

6.—In this Part—

“cease” means cease either temporarily orpermanently and from whatever cause;

“lock‐out” means the closing of a place ofemployment, or the suspension of work, or therefusal by an employer to continue to employ anynumber of persons employed by him in consequenceof a dispute, done with a view to compelling thosepersons, or to aid another employer in compellingpersons employed by him, to accept terms orconditions of or affecting employment;

“notice of intention to claim” has the meaningassigned to it by section 12;

“redundancy certificate” has the meaning assigned toit by section 18;

“strike” means the cessation of work by a body ofpersons employed acting in combination, or aconcerted refusal or a refusal under a commonunderstanding of any number of persons employedto continue to work for an employer in consequenceof a dispute, done as a means of compelling theiremployer or any person or body of personsemployed, or to aid other employees in compellingtheir employer or any person or body of personsemployed, to accept or not to accept terms or

conditions of or affecting employment.

General right to redundancy payment.

7.—(1) An employee, if he is dismissed by hisemployer by reason of redundancy or is laid off orkept on short‐time for the minimum period, shall,subject to this Act, be entitled to the payment ofmoneys which shall be known (and are in this Actreferred to) as redundancy payment provided—

(a) he has been employed for the requisiteperiod, and

(b) he was an employed contributor inemployment which was insurable for allbenefits under the Social Welfare Acts,1952 to 1966, immediately before thedate of the termination of hisemployment, or had ceased to beordinarily employed in employmentwhich was so insurable in the period ofF18[four years] ending on that date.

(2) For the purposes of subsection (1), anemployee who is dismissed shall be taken to bedismissed by reason of redundancy if F19[for one ormore reasons not related to the employee concerned]the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, orintends to cease, to carry on the businessfor the purposes of which the employeewas employed by him, or has ceased orintends to cease, to carry on that businessin the place where the employee was soemployed, or

F20[(b) the fact that the requirements of thatbusiness for employees to carry out workof a particular kind in the place where hewas so employed have ceased ordiminished or are expected to cease or


diminish, or

(c) the fact that his employer has decided tocarry on the business with fewer or noemployees, whether by requiring thework for which the employee had beenemployed (or had been doing before hisdismissal) to be done by other employeesor otherwise, or

(d) the fact that his employer has decided thatthe work for which the employee hadbeen employed (or had been doingbefore his dismissal) should henceforwardbe done in a different manner for whichthe employee is not sufficiently qualifiedor trained, or

(e) the fact that his employer has decided thatthe work for which the employee hadbeen employed (or had been doingbefore his dismissal) should henceforwardbe done by a person who is also capableof doing other work for which theemployee is not sufficiently qualified ortrained,]

F21[(2A) For the purposes of subsection (1), anemployee who is dismissed shall be taken not to bedismissed by reason of redundancy if—

(a) the dismissal is one of a number of dismissalsthat, together, constitute collectiveredundancies as defined in section 6 ofthe Protection of Employment Act 1977,

(b) the dismissals concerned were effected on acompulsory basis,

(c) the dismissed employees were, or are to be,replaced, at the same location orelsewhere in the State, (except where theemployer has an existing operation withestablished terms and conditions) by—

http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN.ACT.1977.0007#SEC6


(i) other persons who are, or are to be,directly employed by the employer,or

(ii) other persons whose services are, orare to be, provided to that employerin pursuance of other arrangements,

(d) those other persons perform, or are toperform, essentially the same functions asthe dismissed employees, and

(e) the terms and conditions of employment ofthose other persons are, or are to be,materially inferior to those of thedismissed employees. ]

(3) For the purposes of subsection (1), anemployee shall be taken as having been laid off orkept on short‐time for the minimum period if he hasbeen laid off or kept on short‐time for a period offour or more consecutive weeks, or for a period of sixor more weeks which are not consecutive but whichfall within a period of thirteen consecutive weeks.

(4) Notwithstanding any other provision of this Act,where an employee who has been serving a period ofapprenticeship training with an employer under anapprenticeship agreement is dismissed within onemonth after the end of that period, that employeeshall not, by reason of that dismissal, be entitled toredundancy payment.

F22[(4A) In ascertaining, for the purposes ofsubsection (2) (c), whether an employer has decidedto carry on a business with fewer or no employees,account shall not be taken of the following membersof the employer‘s family—

father, mother, stepfather, stepmother, son,daughter, adopted child, grandson, granddaughter,stepson, stepdaughter, brother, sister, half brother,halfsister.]

Annotations:

Amendments:

(5) In this section requisite period means a periodof F23[104 weeks] continuous employment (withinthe meaning of Schedule 3) of the employee by theemployer who dismissed him, laid him off or kept himon short‐time, but excluding any period ofemployment with that employer before the employeehad attained the age of 16 years.

Substituted (22.01.1971) by Redundancy Payments Acts1971 (20/1971), s. 19 and sch., commenced as per s.19(2).

F18

Inserted (25.05.2003) by Redundancy Payments Act 2003(14/2003), s. 5, S.I. No. 194 of 2003.

F19

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 4(i), S.I. No 230 of 1971.

F20

Inserted (8.05.2007) by Protection of Employment(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 16, commenced onenactment.

F21

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 4(ii), S.I. No 230 of 1971.

F22


F23

Qualification of general right under section 7.

8.—(1) Notwithstanding anything in section 7,where an employee who has been dismissed byreason of redundancy or laid off has, during theperiod of the four years immediately preceding thedate of dismissal or the lay‐off, been laid off for anaverage annual period of more than twelve weeks,the following provisions shall have effect:

(a) that employee shall not become entitled toredundancy payment by reason ofdismissal or lay‐off until a period equal to

Annotations:

Amendments:

the average annual period of lay‐off overthe said four‐year period in relation tothat employee has elapsed after the dateof dismissal or lay‐off;

(b) if, before the termination of the periodrequired to elapse under paragraph (a),that employee resumes work with thesame employer, that employee shall notbe entitled to redundancy payment inrelation to that dismissal or lay‐off;

(c) if, before the termination of the periodrequired to elapse under paragraph (a),the employer offers to re‐employ thatemployee and that employeeunreasonably refuses the offer, he shallnot be entitled to redundancy payment inrelation to that dismissal or lay‐off.

(2) In a case where this section applies, the periodof four weeks first referred to in F24[section 12] orthe period of thirteen weeks referred to in thatsection shall not commence until the expiration of theperiod (referred to in subsection (1) (a)) equal to theappropriate average annual period of lay‐off.

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 19 and sch., S.I. No 230 of 1971.

F24

Dismissal by employer.

9.—(1) For the purposes of this Part an employeeshall, subject to this Part, be taken to be dismissed byhis employer if but only if—

(a) the contract under which he is employed bythe employer is terminated by the

employer, whether by or without notice,or

F25[(b) where, under the contract under whichthe employee is employed by theemployer the employee is employed for afixed term or for a specified purpose(being a purpose of such a kind that theduration of the contract was limited butwas, at the time of its making, incapableof precise ascertainment), that termexpires or that purpose ceases withoutbeing renewed under the same or similarcontract, or]

(c) the employee terminates the contract underwhich he is employed by the employerF26[…] in circumstances (not fallingwithin subsection (5)) such that he isentitled so to terminate it by reason of theemployer‘s conduct.

(2) An employee shall not be taken for thepurposes of this Part to be dismissed by his employerif his contract of employment is renewed, or he is re‐engaged by the same employer under a new contractof employment, and—

(a) in a case where the provisions of the contractas renewed or of the new contract as tothe capacity and place in which he isemployed, and as to the other terms andconditions of his employment, do notdiffer from the corresponding provisionsof the previous contract, the renewal orre‐engagement takes effect immediatelyon the ending of his employment underthe previous contract, or

(b) in any other case, the renewal or re‐engagement is in pursuance of an offer inwriting made by his employer before theending of his employment under the

previous contract, and takes effect eitherimmediately on the ending of thatemployment or after an interval of notmore than four weeks thereafter.

(3) (a) An employee shall not be taken for thepurposes of this Part as having beendismissed by his employer if—

(i) he is re‐engaged by another employer(hereinafter referred to as the newemployer) immediately on thetermination of his previousemployment,

(ii) the re‐engagement takes place with theagreement of the employee, theprevious employer and the newemployer,

(iii) before the commencement of theperiod of employment with the newemployer the employee receives astatement in writing on behalf of theprevious employer and the newemployer which—

(A) sets out the terms and conditionsof the employee’s contract ofemployment with the newemployer,

(B) specifies that the employee’speriod of service with theprevious employer will, for thepurposes of this Act, be regardedby the new employer as servicewith the new employer,

(C) contains particulars of the servicementioned in clause (B), and

(D) the employee notifies in writingthe new employer that the

employee accepts the statementrequired by this subparagraph.

(b) Where in accordance with this subsectionan employee is re‐engaged by the newemployer, the service of that employeeF27[with the previous employer] shall forthe purposes of this Act be deemed to beservice with the new employer.

(4) For the purposes of the application ofsubsection (2) to a contract under which theemployment ends on a Friday, Saturday or Sunday—

(a) the renewal or re‐engagement shall betreated as taking effect immediately onthe ending of the employment under theprevious contract if it takes effect on orbefore the next Monday after that Friday,Saturday or Sunday, and

(b) the interval of four weeks mentioned insubsection (2) (b) shall be calculated as ifthe employment had ended on thatMonday.

(5) When an employee terminates his contract ofemployment without notice, being entitled to do soby reason of a lock‐out by his employer, subsection(1) (c) shall not apply to that termination.

(6) Where by virtue of subsection (2) an employeeis treated as not having been dismissed by reason of arenewal or re‐engagement taking effect after aninterval, then, in determining for the purposes ofsection 7 (1) whether he has been continuouslyemployed for the requisite period, the period of thatinterval shall count as a period of employment.

(7) In determining for the purposes of this Actwhether at a particular time before thecommencement of this Act an employee wasdismissed by his employer, the appropriate provisionsof this section shall apply as if the matter to be

Annotations:

Amendments:

decided occurred after such commencement.


F25

Deleted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 19 and sch., S.I. No. 230 of 1971.

F26


F27

Employee anticipating expiry of employer’s notice.

10.—(1) This section shall have effect where—

(a) an employer gives notice to an employee toterminate his contract of employment,and

(b) at a time within the obligatory period of thatnotice, the employee gives notice inwriting to the employer to terminate thecontract of employment on a date earlierthan the date on which the employer’snotice is due to expire.

(2) Subject to subsection (3), in the circumstancesspecified in subsection (1) the employee shall, for thepurposes of this Part, be taken to be dismissed by hisemployer, and the date of dismissal in relation to thatdismissal shall be the date on which the employee’snotice expires.

(3) If, before the employee’s notice is due toexpire, the employer gives him notice in writing—

(a) requiring him to withdraw his noticeterminating the contract of employmentas mentioned in subsection (1) (b) and tocontinue in the employment until the date

on which the employer’s notice expires,and

(b) stating that, unless he does so, the employerwill contest any liability to pay to him aredundancy payment in respect of thetermination of his contract ofemployment,

but the employee unreasonably refuses to complywith the requirements of that notice, the employeeshall not be entitled to a redundancy payment byvirtue of subsection (2).

F28[(3A) Where an employer agrees in writingwith an employee to alter the date of dismissalmentioned in a notice under subsection (1) (a) givenby him to that employee so as to ensurethat theemployee’s notice under subsection (1) (b) will bewithin the obligatory period in relation to the noticeunder subsection (1) (a), the employee’s entitlementto redundancy payment shall be unaffected and theemployee shall, for the purposes of this Part, be takento be dismissed by his employer, the date of dismissalin relation to that dismissal being the date on whichthe employee’s notice expires.]

(4) In this section—

(a) if the actual period of the employer’s notice(that is to say, the period beginning at thetime when the notice is given and endingat the time when it expires) is equal to theminimum period which (whether byvirtue of any enactment or otherwise) isrequired to be given by the employer toterminate the contract of employment,“the obligatory period”, in relation to thatnotice, means the actual period of thenotice;

(b) in any other case,

“the obligatory period” , in relation to an employer’s

Annotations:

Amendments:

notice, means that period which, being equal to theminimum period referred to in paragraph (a), expiresat the time when the employer’s notice expires.


F28

Lay‐off and short‐time.

11.—(1) Where F29[…] an employee’semployment ceases by reason of his employer’s beingunable to provide the work for which the employeewas employed to do, and—

(a) it is reasonable in the circumstances for thatemployer to believe that the cessation ofemployment will not be permanent, and

(b) the employer gives notice to that effect tothe employee prior to the cessation,

that cessation of employment shall be regarded forthe purposes of this Act as lay‐off.

F30[(2) Where—

(a) for any week an employee’s remuneration isless than one‐half of his normal weeklyremuneration or his hours of work arereduced to less than one‐half of hisnormal weekly hours,

(b) the reduction in remuneration or hours ofwork is caused by a diminution either inthe work provided for the employee byhis employer or in other work of a kindwhich under his contract the employee isemployed to do.

(c) it is reasonable in the circumstances for theemployer to believe that the diminution inwork will not be permanent and he givesnotice to that effect to the employee priorto the reduction in remuneration or hoursof work,

the employee shall, for the purposes of this Part,be taken to be kept on short‐time for that week.]

Annotations:

Amendments:

Editorial Notes:


F29


F30

Previous affecting provision: subs. (3) inserted (1.09.1971)by Redundancy Payments Act 1971 (20/1971), s. 19 andsch., S.I. No. 230 of 1971; subsequently substituted by newversion of subs. (2) as per F‐note above.

E5

Right to redundancy payment by reason of lay‐off orshort‐time.

F31[12.—(1) An employee shall not be entitled toredundancy payment by reason of having been laidoff or kept on short‐time unless—

(a) he has been laid off or kept on short‐time forfour or more consecutive weeks or,within a period of thirteen weeks, for aseries of six or more weeks of which notmore than three were consecutive, and

(b) after the expiry of the relevant period of lay‐off or short‐time mentioned in paragraph(a) and not later than four weeks afterthe cessation of the lay‐off or short‐time,

Annotations:

Amendments:

he gives to his employer notice (in thisPart referred to as a notice of intention toclaim) in writing of his intention to claimredundancy payment in respect of lay‐offor short‐time.

(2) Where, after the expiry of the relevant periodof lay‐off or short‐time mentioned in subsection (1)(a) and not later than four weeks after the cessationof the lay‐off or short time, an employee to whomthat subsection applies, in lieu of giving to hisemployer a notice of intention to claim, terminates hiscontract of employment either by giving him thenotice thereby required or, if none is so required, bygiving him not less than one week’s notice in writingof intention to terminate the contract, the notice sogiven shall, for the purposes of this Part and ofSchedule 2, be deemed to be a notice of intention toclaim given in writing to the employer by theemployee on the date on which the notice is actuallygiven.]


F31

Right of employer to give counter‐notice.

13.—(1) Subject to subsection (2), an employeeshall not be entitled to a redundancy payment inpursuance of a notice of intention to claim if, on thedate of service of that notice, it was reasonably to beexpected that the employee (if he continued to beemployed by the same employer) would, not laterthan four weeks after that date, enter upon a periodof employment of not less than thirteen weeks duringwhich he would not be laid off or kept on short‐timefor any week.

Annotations:

Amendments:

(2) Subsection (1) shall not apply unless, withinseven days after the service of the notice of intentionto claim, the employer gives to the employee notice(in this Part referred to as a counter‐notice) in writingthat he will contest any liability to pay to him aredundancy payment in pursuance of the notice ofintention to claim.

(3) If, in a case where an employee gives notice ofintention to claim and the employer gives a counter‐notice, the employee continues or has continued,during the next four weeks after the date of service ofthe notice of intention to claim, to be employed bythe same employer, and he is or has been laid off orkept on short‐time for each of those weeks, it shall beconclusively presumed that the condition specified insubsection (1) was not fulfilled.

(4) For the purposes of F32[section 12] and for thepurposes of subsection (3)—

(a) it is immaterial whether a series of weeks(whether it is four weeks, or four or moreweeks, or six or more weeks) consistswholly of weeks for which the employeeis laid off or wholly of weeks for which heis kept on short‐time or partly of the oneand partly of the other;

(b) no account shall be taken of any week forwhich an employee is laid off or kept onshort‐time where the lay‐off or short‐timeis wholly or mainly attributable to a strikeor a lock‐out, whether the strike or lock‐out is in the trade or industry in which theemployee is employed or not andwhether it is in the State or elsewhere.

Substituted (1.09.1971) by Redundancy Payments ActF32

1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.

Disentitlement to redundancy payment because ofdismissal for misconduct.

14.—(1) Subject to subsection (2), an employeewho has been dismissed shall not be entitled toredundancy payment if his employer, being entitledto terminate that employee’s contract of employmentwithout notice by reason of the employee’s conduct,terminates the contract because of the employee’sconduct—

(a) without notice,

(b) by giving shorter notice than that which, inthe absence of such conduct, theemployer would be required to give toterminate the contract, or

(c) by giving notice (other than such notice as ismentioned in subparagraph (b)) whichincludes, or is accompanied by, astatement in writing that the employerwould, by reason of such conduct, beentitled to terminate the contract withoutnotice.

(2) When an employee who has received the noticerequired by section 17 takes part, before the date ofdismissal, in a strike and his employer by reason ofsuch participation, terminates the contract ofemployment with the employee in a mannermentioned in subsection (1), that subsection shall notapply to such termination.

(3) Where an employee who has given notice toterminate his contract of employment by reason oflay‐off or short‐time takes part, before the expiry ofthe notice, in a strike and, by reason of suchparticipation, is dismissed, subsection (1) shall notapply.

Disentitlement to redundancy payment for refusalto accept alternative employment.

15.—(1) An employee F33[…] shall not be entitledto a redundancy payment if F33[…]—

(a) his employer has offered to renew thatemployee’s contract of employment or tore‐engage him under a new contract ofemployment,

(b) the provisions of the contract as renewed, orof the new contract, as to the capacityand place in which he would be employedand as to the other terms and conditionsof his employment would not differ fromthe corresponding provisions of thecontract in force immediately beforeF34[the termination of his contract],

(c) the renewal or re‐engagement would takeeffect on or before the date of F34[thetermination of his contract], and

(d) he has unreasonably refused the offer.

(2) An employee F33[…] shall not be entitled to aredundancy payment if F33[…]—

(a) his employer has made to him in writing anoffer to renew the employee’s contract ofemployment or to re‐engage him under anew contract of employment,

(b) the provisions of the contract as renewed, orof the new contract, as to the capacityand place in which he would be employedand as to the other terms and conditionsof his employment would differ wholly orin part from the corresponding provisionsof his contract in force immediatelybefore F34[the termination of hiscontract],

(c) the offer constitutes an offer of suitableemployment in relation to the employee,

(d) the renewal or re‐engagement would takeeffect not later than four weeks after thedate of F34[the termination of hiscontract], and

(e) he has unreasonably refused the offer.

F35[(2A) Where an employee who has beenoffered suitable employment and has carried out, fora period of not more than four weeks, the duties ofthat employment, refuses the offer, the temporaryacceptance of that employment shall not solelyconstitute an unreasonable refusal for the purposesof this section.]

F36[(2B) Where—

(a) an employee’s remuneration is reducedsubstantially but not to less than one‐halfof his normal weekly remuneration, or hishours of work are reduced substantiallybut not to less than one‐half of his normalweekly hours, and

(b) the employee temporarily accepts thereduction in remuneration or hours ofwork and indicates his acceptance to hisemployer,

such a temporary acceptance for a period notexceeding 52 weeks shall not be taken to be anacceptance by the employee of an offer of suitableemployment in relation to him.]

F34[(3) Where a person who is entitled to a weeklypayment has unreasonably refused suitableemployment offered or approved by the NationalManpower Service, that person shall be disqualifiedfrom receiving F37[any further weekly payments].]

Annotations:

Amendments:

Deleted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.

F33

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.

F34


F35


F36


F37

Associated companies.

16.—(1) Where the employer is a company, anyreference in this Part to re‐engagement by theemployer shall be construed as a reference to re‐engagement by that company or by an associatedcompany, and any reference in this Part to an offermade by the employer shall be construed as includinga reference to an offer made by an associatedcompany.

(2) Subsection (1) shall not affect the operation ofsection 20 in a case where the previous owner andnew owner (as defined by that section) are associatedcompanies; and where that section applies,subsection (1) shall not apply.

(3) Where an employee is dismissed by hisemployer, and the employer is a company (in thissubsection referred to as the employing company)which has one or more associated companies, then if—

(a) F38[none of the conditions specified insection 7 (2) is fulfilled, but]

Annotations:

Amendments:

(b) one or other of those conditions would befulfilled if the business of the employingcompany and the business of theassociated company (or, if more thanone, each of the associated companies)were treated as together constituting onebusiness,

that condition shall for the purposes of this Part betaken to be fulfilled in relation to the dismissal of theemployee.

(4) For the purposes of this section two companiesshall be taken to be associated companies if one is asubsidiary of the other, or both are subsidiaries of athird company, and “associated company” shall beconstrued accordingly.


“company” includes any body corporate;

“subsidiary” has the same meaning as, by virtue ofsection 155 of the Companies Act, 1963, it has for thepurposes of that Act.


F38

Notice of proposed dismissal for redundancy.

17.—(1) An employer who proposes to dismiss byreason of redundancy an employee who has not lessthan F39[104 weeks] service with that employershall, not later than two weeks before the date ofdismissal, give to the employee notice in writing of theproposed dismissal F40[…].

(2) The Minister may make regulations for giving



effect to this section and, without prejudice to thegenerality of the foregoing, regulations under thissection may relate to all or any of the followingmatters—

(a) the particulars to be stated in the notice,

F41[(b) the method of service of the notice.]

F42[(2A) A notice under this section, a redundancycertificate and a claim for a rebate under section 36may be combined in one document.]

(3) An employer who fails to comply with thissection or who furnishes false information in a noticeunder this section shall be guilty of an offence andshall be liable on summary conviction to a fine notexceeding F43[€5,000].

Annotations:

Amendments:

Editorial Notes:


F39

Deleted (10.04.2005) by Redundancy Payments Act 2003(14/2003), s. 7(a), S.I. No. 77 of 2005.

F40


F41

Inserted (10.04.2005) by Redundancy Payments Act 2003(14/2003), s. 7(c), S.I. No. 77 of 2005.

F42

Substituted (8.05.2007) by Protection of Employment(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 19 and table, commencedon enactment.

F43

Power pursuant to section exercised (30.12.1991) byRedundancy (Notice of Dismissal) Regulations 1991 (S.I.No. 348 of 1991).

E6

Power pursuant to section exercised (3.09.1984) byE7

Redundancy (Notice of Dismissal) Regulations 1984 (S.I.No. 220 of 1984).


E8


E9

Previous affecting provision: penalty under subs. (3)substituted (6.04.1979) by Redundancy Payments Act1979 (7/1979) s. 17 and sch., S.I. No. 95 of 1979 and(25.05.03) by Redundancy Payments Act 2003 (14/2003),s. 13(a), S.I. No. 194 of 2003; subsequently substituted asper F‐note above.

E10

Redundancy certificate.

18.—F44[(1) When an employer dismisses byreason of redundancy an employee who has not lessthan 104 weeks’ continuous employment, he shallgive to the employee not later than the date of thedismissal a certificate (in this Part referred to as aredundancy certificate).]

F45[(2) Whenever an employee who has not lessthan 104 weeks’ continuous employment gives noticeof intention to claim in accordance with section 12,his employer shall, subject to section 13, give him, notlater than seven days after the service of the notice ofintention to claim, a redundancy certificate.]

(3) The Minister may make regulations for givingeffect to this section and, without prejudice to thegenerality of the foregoing, may prescribe theparticulars to be stated on a redundancy certificate.

(4) An employer who fails to comply with thissection or who furnishes false information in aredundancy certificate shall be guilty of an offenceand shall be liable on summary conviction to a finenot exceeding F46[€5,000].

Annotations:

Amendments:

Editorial Notes:


F44


F45


F46

Power pursuant to section exercised (30.12.1991) byRedundancy Certificate Regulations 1991 (S.I. No. 347 of1991).

E11


E12


E13


E14

Previous affecting provision: penalty under subs. (4)substituted (6.04.1979) by Redundancy Payments Act1979 (7/1979) s. 17 and sch., S.I. No. 95 of 1979 and(25.05.03) by Redundancy Payments Act 2003 (14/2003),s. 13(b), S.I. No. 194 of 2003; subsequently substituted asper F‐note above.

E15

Payment of lump sum by employer.

19.—(1) Upon the dismissal by reason ofredundancy of an employee who is entitled under thisPart to redundancy payment, F47[or where by virtueof section 12 an employee becomes entitled toredundancy payment], his employer shall pay to himan amount which is referred to in this Act as the lump

sum.

(2) Schedule 3 shall apply in relation to the lumpsum.

(3) The Minister may by order amend Schedule 3.

Annotations:

Amendments:

Editorial Notes:


F47

Exemption from income tax on lump sums paid undersection excluded in certain circumstances (8.05.2007) byProtection of Employment (Exceptional CollectiveRedundancies and Related Matters) Act 2007 (27/2007),s. 9(2), commenced on enactment.

E16

Power pursuant to section exercised (1.04.1974) byRedundancy Payments (Weekly Payments and Lump Sum)Order 1974 (S.I. No. 82 of 1974).

E17

Change of ownership of business.

20.—(1) This section shall have effect where—

(a) a change occurs (whether by virtue of a saleor other disposition or by operation oflaw) in the ownership of a business forthe purposes of which a person isemployed, or of a part of such a business,and

(b) in connection with that change the person bywhom the employee is employedimmediately before the change occurs (inthis section referred to as the previousowner) terminates the employee’scontract of employment, whether by orwithout notice.

(2) If, by agreement with the employee, the person(in this section referred to as the new owner) whoimmediately after the change occurs is the owner ofthe business or of the part of the business in questionas the case may be renews the employee’s contract ofemployment (with the substitution of the new ownerfor the previous owner) or re‐engages him under anew contract of employment, section 9 (2) shall haveeffect as if the renewal or re‐engagement had been arenewal or re‐engagement by the previous owner(without any substitution of the new owner for theprevious owner).

(3) If the new owner offers to renew theemployee’s contract of employment (with thesubstitution of the new owner for the previousowner) or to re‐engage him under a new contract ofemployment, but the employee refuses the offer,section 15 (1) or section 15 (2) (as may beappropriate) shall have effect, subject to subsection(4) of this section, in relation to that offer and refusalas it would have had effect in relation to the like offermade by the previous owner and a refusal of thatoffer by the employee.

(4) For the purposes of the operation, inaccordance with subsection (3) of this section, ofsection 15 (1) or 15 (2) in relation to an offer made bythe new owner,—

(a) the offer shall not be treated as one wherebythe provisions of the contract as renewed,or of the new contract, as the case maybe, would differ from the correspondingprovisions of the contract as in forceimmediately before the dismissal byreason only that the new owner would besubstituted for the previous owner as theemployer, and

(b) no account shall be taken of that substitutionin determining whether the refusal of theoffer was unreasonable.

(5) Subsections (1) to (4) shall have effect (subjectto the necessary modifications) in relation to a casewhere—

(a) the person by whom a business, or part of abusiness, is owned immediately before achange is one of the persons by whom(whether as partners, trustees orotherwise) it is owned immediately afterthe change, or

(b) the persons by whom a business, or part of abusiness, is owned immediately before achange (whether as partners, trustees orotherwise) include the person by whom,or include one or more of the persons bywhom, it is owned immediately after thechange,

as those provisions have effect where the previousowner and the new owner are wholly differentpersons.

F48[(5A) In a case mentioned in subsection (1) (a),the new owner shall be estopped from denying thatan employee was in continuous employment (withinthe meaning of Schedule 3) unless, within 26 weeksof the change of ownership, he notifies the employeeof his intention so to deny.]

(6) Nothing in this section shall be construed asrequiring any variation of a contract of employmentby agreement between the parties to be treated asconstituting a termination of the contract.

Annotations:

Amendments:



F48

Application of section extended (1.09.1971) byRedundancy Payments Act 1971 (20/1971), s. 6(1), S.I. No.230 of 1971.

Application of section 20 of Principal Act.6.—(1) Where—

(i) a change relating to the control or managementof a business (or part thereof) for the purposesof which a person is employed occurs, but achange in the ownership of the business (orpart thereof) does not occur,

(ii) section 20 of the Principal Act would have appliedto that change if it were a change in theownership of that business (or part thereof),and

(iii) an employee of the previous owner accepts,before, on or within four weeks of thetermination of his contract of employmentwith the previous owner, an offer by the newowner of employment in the same place ofemployment and on terms which are eitherthe same as, or not materially lessadvantageous to the employee than, hisexisting terms of employment,

the said section 20 shall apply to that change as if achange of ownership of that business (or part thereof)had occurred.

...

C18

Implied or constructive termination of contract.

21.—(1) Where, in accordance with any enactmentor rule of law, any act on the part of an employer orany event affecting an employer (including, in thecase of an individual, his death) operates so as toterminate a contract under which an employee isemployed by him, that act or event shall for thepurposes of this Act be treated as a termination of thecontract by the employer, if apart from thissubsection, it would not constitute a termination ofthe contract by him.

(2) Where—

Annotations:

Amendments:

(a) subsection (1) applies,

(b) the employee’s contract of employment isnot renewed, and

(c) he is not re‐engaged under a new contract,as provided by section 9 (2),

he shall for the purposes of this Act be taken to bedismissed by reason of redundancy if thecircumstances in which the contract is not renewedand he is not re‐engaged (as provided by the saidsection 9 (2)) are wholly or mainly attributable to afact specified in F49[section 7 (2)].

(3) For the purposes of subsection (2), section 7 (2)(a), in so far as it relates to the employer ceasing orintending to cease to carry on the business, shall beconstrued as if the reference to the employerincluded a reference to any person to whom, inconsequence of the act or event in question, power todispose of the business has passed.

(4) In this section reference to section 9 (2)includes reference to that section as applied bysection 20 (2).


F49

Application of this Part upon employer’s oremployee’s death.

22.—(1) Part I of Schedule 2 shall have effect inrelation to the death of an employer.

(2) Part 2 of Schedule 2 shall have effect in relationto the death of an employee.

Modification of right to redundancy payment whereprevious redundancy payment has been paid.

23.—(1) This section shall apply where—

(a) a lump sum is paid to an employee undersection 19, whether in respect ofdismissal, lay‐off or short‐time,

(b) the contract of employment under which hewas employed (in this section referred toas the previous contract) is renewed,whether by the same or anotheremployer, or he is re‐engaged under anew contract of employment, whether bythe same or another employer, and

(c) the circumstances of the renewal or re‐engagement are such that, in determiningfor the purposes of section 7 (1) orSchedule 3 whether at any subsequenttime he has been continuously employedfor the requisite period, or for whatperiod he has been continuouslyemployed, the continuity of his period ofemployment would, apart from thissection, be treated as not having beenbroken by the termination of the previouscontract and the renewal or re‐engagement.

(2) In determining for the purposes of section 7 (1)or section 19 in a case to which this section applieswhether at any subsequent time an employee hasbeen continuously employed for the requisite period,or for what period he has been continuouslyemployed, the continuity of the period ofemployment shall be treated as having been brokenat the date which was the date of dismissal in relationto the lump sum mentioned in subsection (1) (a), andany time before that date shall be disregarded.

(3) For the purposes of this section a lump sum

Annotations:

Amendments:

shall be treated as having been paid if the whole ofthe payment has been paid to the employee by theemployer or if the Minister has paid a sum to theemployee in respect of the redundancy paymentunder section 32.

F50[(4) This section shall not apply in any case towhich section 19 of the Unfair Dismissals Act, 1977,applies.]


F50

Time‐limit on claims for redundancy payment.

24.—Notwithstanding any other provision of thisAct, an employee shall not be entitled to a lump sumunless before the end of the period of F51[52 weeks]beginning on the date of dismissal or the date oftermination of employment—

(a) the payment has been agreed and paid, or

(b) the employee has made a claim for thepayment by notice in writing given to theemployer, or

(c) a question as to the right of the employee tothe payment, or as to the amount of thepayment, has been referred to theTribunal under section 39.

F52[(2) Notwithstanding any provision of this Act,an employee shall not be entitled to a weeklypayment unless he has become entitled to a lumpsum.]

F53[(2A) Where an employee who fails to make aclaim for a lump sum within the period of 52 weeks



mentioned in subsection (1) (as amended) makessuch a claim before the end of the period of 104weeks beginning on the date of dismissal or the dateof termination of employment, the Tribunal, if it issatisfied that the employee would have been entitledto the lump sum and that the failure was due to areasonable cause, may declare the employee to beentitled to the lump sum and the employee shallthereupon become so entitled.]

F54[(3) Notwithstanding subsection (2A), where anemployee establishes to the satisfaction of theTribunal—

(a) that failure to make a claim for a lump sumbefore the end of the period of 104weeks mentioned in that subsection wascaused by his ignorance of the identity ofhis employer or employers or by hisignorance of a change of employerinvolving his dismissal and engagementunder a contract with another employer,and

(b) that such ignorance arose out of or wascontributed to by a breach of a statutoryduty to give the employee either notice ofhis proposed dismissal or a redundancycertificate,

the period of 104 weeks shall commence from suchdate as the Tribunal at its discretion considersreasonable having regard to all the circumstances.]

Annotations:

Amendments:

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 12(2)(a), S.I. No. 230 of 1971.

F51

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 12(1), S.I. No. 230 of 1971.

F52

Inserted (1.09.1971) by Redundancy Payments Act 1971(20/1971), s. 12(2)(b), S.I. No. 230 of 1971.

F53


F54

Employment wholly or partly abroad.

25.—(1) An employee shall not be entitled toredundancy payment if on the date of dismissal he isoutside the State, unless under his contract ofemployment he ordinarily worked in the State.

(2) F55[Notwithstanding subsection (1), anemployee] who under his contract of employmentordinarily works outside the State shall not be entitledto redundancy payment unless, immediately beforehe commenced to work outside the State, F56[theemployee was insurable for all benefits under theSocial Welfare (Consolidation) Act 1993 or wouldhave been insurable for all such benefits but for thefact that the employment concerned was an exceptedemployment by virtue of paragraph 2, 4 or 5 of Part IIof the First Schedule to that Act and the employee]was in the employment of the employer concernedand unless—

(a) he was in the State in accordance with theinstructions of his employer on the dateof dismissal, or

(b) he had not been afforded a reasonableopportunity by his employer of being inthe State on that date.

F57[(2A) An employee who under a contract ofemployment has worked outside the State and wasworking in the State for at least two yearsimmediately prior to the date of termination of theemployment concerned shall be entitled toredundancy payment in respect of all his employmentwith the employer concerned.]


Annotations:

Amendments:

(3) In computing, for the purposes of this Act, forwhat period of service a person was in continuousemployment, any period of service in theemployment of the employer concerned while theemployee was outside the State shall be deemed tohave been service in the employment of thatemployer within the State.

(4) Where an employee who has worked for hisemployer outside the State becomes entitled toredundancy payment under this Act, the employer inmaking any lump sum payment due to the employeeunder section 19 shall be entitled to deduct from thatpayment any redundancy payment to which thatemployee may have been entitled under a statutoryscheme relating to redundancy in the State in whichhe was working.


F55

Inserted (25.05.2003) by Redundancy Payments Act 2003(14/2003), s. 8(a), S.I. No. 194 of 2003.

F56

Inserted (25.05.2003) by Redundancy Payments Act 2003(14/2003), s. 8(b), S.I. No. 194 of 2003.

F57

PART III

REDUNDANCY FUND

Annotations:

Amendments:


Repealed (1.05.1990) by Social Welfare Act 1990(5/1990), s. 29, commenced as per s. 31.

F58

Annotations:

Amendments:

Exercise of Minister’s discretion under Part made subjectto regard for Labour Court opinion (8.05.2007) byProtection of Employment (Exceptional CollectiveRedundancies and Related Matters) Act 2007 (27/2007),s. 9(1), commencement on enactment, subject to s. 3.

Effect of Opinion9.— (1) Where—

(a) the Labour Court issues an opinion that collectiveredundancies proposed by an employer areexceptional collective redundancies,

(b) the employer proceeds with the dismissals on thesame basis as in the relevant proposal, and

(c) the employer applies to the Minister for a rebateunder Part III of the Redundancy Payments Act1967,

the Minister shall have regard to the opinion of theLabour Court when considering the employer’sapplication for the rebate.

...

C19

Establishment of the Redundancy Fund.

26.—

F58[…]

Repealed (1.05.1990) by Social Welfare Act 1990(5/1990), s. 29, commenced as per s. 31.

F58

Financing of Redundancy Fund.

F59[27.—All moneys received by the Ministerunder this Act shall be paid into the Social InsuranceFund and all payments made pursuant to this Act shallbe made out of that Fund.]

Annotations:

Amendments:

Editorial Notes:

Substituted (6.04.1991) by Social Welfare Act 1991(7/1991), s. 39(1) and sch. C, commenced as per s. 39(3)

F59

Previous affecting provision: subs. (1) substituted(6.04.1979) by Redundancy Payments Act 1979 (7/1979),s. 2, S.I. No. 95 of 1979, and section later substituted(1.05.1990) by Social Welfare Act 1990 (5/1990), s. 26(b),commenced as per s. 31; section subsequently substitutedas per F‐note above.

E18

Amount of weekly contribution to RedundancyFund.

28.—F60[…]

Annotations:

Amendments:

Editorial Notes:


F60

Previous affecting provision: payment under certaincircumstances exempted (for period 6.06.1990 to5.04.1991) by Social Welfare Act 1990 (5/1990), s. 10(e),commenced as per s. 31.

E19

Previous affecting provision: subs. (5) and (6) repealed(1.05.1990) by Social Welfare Act 1990 (5/1990), s. 29,commenced as per s. 31.

E20

Previous affecting provision: power pursuant to subs. (3)exercised (6.04.1989) by Redundancy Payments (Variationof Employer’s Redundancy Contribution) Regulations 1989(S.I. No. 68 of 1989).

E21

Previous affecting provision: payment under certaincircumstances exempted (for period 6.04.1987 to

E22

5.04.1988) by Social Welfare Act 1987 (2/1987), s. 6(e),commenced on enactment.

Previous affecting provision: payment under certaincircumstances exempted (for period 6.04.1986 to5.04.1987) by Social Welfare Act 1986 (8/1986), s. 8(e),commenced on enactment.

E23


E24


E25

Previous affecting provision: construction of reference toan employer’s redundancy contribution extended(30.11.1984) by Protection of Employees (Employers’Insolvency) Act 1984 (21/1984), s. 2(2), commenced onenactment.

E26


E27

Previous affecting provision: power pursuant to subs. (3)exercised (28.03.1982) by Redundancy Payments(Employer’s Redundancy Contribution) Regulations 1983(S.I. No. 84 of 1983).

E28

Previous affecting provision: power pursuant to subs. (3)exercised (for period 6.04.1982 to 5.04.1983) byRedundancy Payments (Variation of Employer’sRedundancy Contribution) Regulations 1982 (S.I. No. 75 of1982); revoked (6.04.1984) by Redundancy Payments(Variation of Employer’s Redundancy Contribution)Regulations 1984 (S.I. No. 63 of 1984), reg. 4.

E29

Previous affecting provision: power pursuant to s. 28(3)exercised (for period 6.04.1981 to 6.04.1982) byRedundancy Payments (Variation of Employer’sRedundancy Contribution) Regulations 1981, S.I. No. 94 of1981; revoked (6.04.1982) by Redundancy Payments(Variation of Employer’s Redundancy Contribution)Regulations 1982 (S.I. No. 75 of 1982), reg. 4.

E30

Previous affecting provision: section substituted(6.04.1979) by Redundancy Payments Act 1979 (7/1979),s. 3, S.I. No. 95 of 1979, section subsequently deleted as

E31

per F‐note above.

Previous affecting provision: power pursuant to sectionexercised (5.04.1976) by Redundancy Contributions(Variation of Rates) Order 1976 (S.I. No. 81 of 1976).

E32


E33

Previous affecting provision: subs. (3A) inserted(2.07.1973) by Redundancy Payments Act 1973 (11/1973),s. 1, S.I. No. 175 of 1973; subsequently as per F‐noteabove.

E34


E35


E36

Previous affecting provisions: power pursuant to sectionexercised to vary contribution rate (15.02.1971) byRedundancy Contributions (Variation of Rates) Order 1971(S.I. No. 36 of 1971), subsequently varied by the following:

• (2.10.1972) by Redundancy Contributions (Variation ofRates) Order 1972 (S.I. No. 172 of 1972).




• (6.04.1981 for period to 5.04.82) by RedundancyPayments (Variation of Employer’s RedundancyContribution) Regulations 1981 (S.I. No. 94 of 1981).

• (6.04.1982 for period to 6.04.1983) by RedundancyPayments (Variation of Employer’s RedundancyContribution) Regulations 1982 (S.I. No. 75 of 1982).

• (6.04.1984) by Redundancy Payments (Variation ofEmployer’s Redundancy Contribution) Regulations1984 (S.I. No. 63 of 1984).



• (6.04.1989) by Redundancy Payments (Variation of

E37

Employer’s Redundancy Contribution) Regulations1989 (S.I. No. 68 of 1989).

Previous affecting provision: power pursuant to subs. (5)exercised (6.01.1969) by Redundancy (Collection ofContributions) (Revocation) Regulations 1968 (S.I. No. 271of 1968).

E38

Previous affecting provision: power pursuant to subs. (5)exercised (3.01.1968) by Redundancy (Collection ofContributions) Regulations 1968 (S.I. No. 4 of 1968);revoked (6.01.1969) by Redundancy (Collection ofContributions) (Revocation) Regulations 1968 (S.I. No. 271of 1968).

E39

Rebates to employers from the Redundancy Fund.

29.—F61[(1) Subject to this Part, the Minister shallmake from the F62[Social Insurance Fund] a paymentto an employer of such sum (in this Part referred to asa rebate) as is equivalent in amount to F63[15 percent] of each lump sum paid by that employer undersection 19.

(2) Notwithstanding subsection (1), whenever anemployer fails to comply with any provision of section17, the Minister may at his discretion reduce theamount of the rebate payable in respect of the lumpsum paid under section 19 to that employer, but theamount of rebate when so reduced shall not be lessthan F63[5 per cent] of the lump sum.

(3) The Minister may by regulation, made with theconsent of the Minister for Finance, vary a rate ofrebate specified in this section.]

F64[(4) Where an employer makes a claim for arebate on or after 1 January 2012 in respect of alump sum payment paid to an employee undersection 19 and the date of dismissal by reason ofredundancy, referred to in section 19, occurs before1 January 2012—

(a) subsection (1) shall be read as if ‘60 per cent’were substituted for ‘15 per cent’, and

(b) subsection (2) shall be read as if ‘40 per cent’were substituted for ‘5 per cent’.

(5) Where an employer makes a claim for a rebateon or after 1 January 2012 in respect of a lump sumpayment paid to an employee under section 19 inrespect of an employee to whom section 12 appliesand—

(a) the date of the notice of intention to claim,referred to in section 12(1)(b), or

(b) the date of the termination of the contract ofemployment of the employee concerned,referred to in section 12(2),

occurs before 1 January 2012—(i) subsection (1) shall be read as if ‘60 per

cent’ were substituted for ‘15 percent’, and

(ii) subsection (2) shall be read as if ‘40per cent’ were substituted for ‘15 percent’.]

F65[(6) Notwithstanding the provisions of this Act,a rebate shall not be made to an employer in respectof a lump sum payment paid to an employee undersection 19—

(a) where the dismissal by reason ofredundancy, referred to in section 19, or

(b) in respect of an employee to whom section12 applies, where—

(i) the date of the notice of intention toclaim, referred to in section 12(1)(b),or

(ii) the date of the termination of thecontract of employment of theemployee concerned, referred to insection 12(2),

occurs on or after 1 January 2013.]

Annotations:

Amendments:



F61

Substituted (1.05.1990) by Social Welfare Act 1990(5/1990), s. 26(c) and table, commenced as per s. 31.

F62

Substituted (1.01.2012) by Social Welfare Act 2011(37/2011), s. 15(1)(a), (b), commenced as per s. 15(2).

F63

Substituted and inserted (1.01.2012) by Social Welfare Act2011 (37/2011), s. 15(1)(c), commenced as per s. 15(2).

F64

Inserted (1.01.2013) by Social Welfare Act 2012(43/2012), s. 18, commenced as per s. 18(2).

F65

Functions transferred and references to “Department ofFinance” and “Minister for Finance” construed(29.07.2011) by Finance (Transfer of DepartmentalAdministration and Ministerial Functions) Order 2011 (S.I.No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effectas per art. 1(2).

2. (1) The administration and business in connectionwith the performance of any functions transferred by thisOrder are transferred to the Department of PublicExpenditure and Reform.

(2) References to the Department of Finance containedin any Act or instrument made thereunder and relating tothe administration and business transferred by paragraph(1) shall, on and after the commencement of this Order,be construed as references to the Department of PublicExpenditure and Reform.

3. The functions conferred on the Minister for Financeby or under the provisions of —

(a) the enactments specified in Schedule 1, and(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditureand Reform.

...5. References to the Minister for Finance contained in

any Act or instrument under an Act and relating to anyfunctions transferred by this Order shall, from the

C20

Editorial Notes:

commencement of this Order, be construed as referencesto the Minister for Public Expenditure and Reform....

Schedule 1Enactments

...Part 2

1922 to 2011 Enactments

Numberand Year

Short Title Provision

(1) (2) (3)

... ... ...

No. 21 of1967

RedundancyPayments Act1967

Sections 29, 39(10)and (13), 46 and 56(2)and (3)

... ... ...

Previous affecting provision: section substituted(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 13, S.I. No. 230 of 1971; subsequently substituted as perF‐note above.

E40

Weekly payments to employees from RedundancyFund.

30.—(1) Upon his dismissal by reason ofredundancy F66[or where by virtue of section 12 hebecomes entitled to redundancy payment], anemployee who is entitled to redundancy paymentshall be entitled, subject to this Act, to a weeklypayment (in this Act referred to as a weekly payment)from the Redundancy Fund.

(2) The provisions of Schedule 1 shall apply to aweekly payment.

(3) The Minister may by order amend Schedule 1.

Annotations:

Amendments:


Editorial Notes:


F66

Effect of section terminated (6.04.79) by RedundancyPayments Act 1979 (7/1979), s. 8, S.I. No. 95 of 1979,subject to transitional provision in subs. (2).

Termination of entitlement to weekly payments8.—(1) Subject to subsection (2) of this section, sections

30 and 31 of the Principal Act shall cease to have effectfrom the commencement of this section.

(2) Notwithstanding subsection (1) of this section, anemployee who at the commencement of this section is inreceipt of weekly payments shall continue to receive suchpayments as if that subsection were not enacted, but(notwithstanding any other provision of the RedundancyPayments Acts, 1967 to 1979) if before the exhaustion ofsuch payments payment of them ceases for any reasonthe employee shall not subsequently be or becomeentitled to any weekly payment.

...

C21

Power pursuant to section exercised (21.06.1976) byRedundancy Payments (Weekly Payments) Order 1976(S.I. No. 126 of 1976).

E41

Power pursuant to section exercised (1.04.1974) byRedundancy Payments (Weekly Payments and Lump Sum)Order 1974 (S.I. No. 82 of 1974).

E42

Regulations as to entitlement to weekly paymentand to allowance under Industrial Training Act,1967.

31.—(1) The Minister may by regulations provide,in relation to cases where a person is entitled to anallowance under section 9 (1) (g) of the IndustrialTraining Act, 1967, and to a weekly payment, foradjusting the amount of such allowance or theamount of such weekly payment.



(2) Notwithstanding any other provision of this Act,regulations under this section may provide that aperson to whom the regulations apply shall not beentitled to a weekly payment either at all or for aspecified period.

Annotations:


Effect of section terminated (6.04.1979) by RedundancyPayments Act 1979 (7/1979), s. 8, S.I. No. 95 of 1979,subject to transitional provision in subs. (2).

Termination of entitlement to weekly payments.8.—(1) Subject to subsection (2) of this section, sections

30 and 31 of the Principal Act shall cease to have effectfrom the commencement of this section.

(2) Notwithstanding subsection (1) of this section, anemployee who at the commencement of this section is inreceipt of weekly payments shall continue to receive suchpayments as if that subsection were not enacted, but(notwithstanding any other provision of the RedundancyPayments Acts, 1967 to 1979) if before the exhaustion ofsuch payments payment of them ceases for any reasonthe employee shall not subsequently be or becomeentitled to any weekly payment.

...

C22

Other payments to employees from RedundancyFund.

32.—F67[(1) When an employee claims that anemployer is liable to pay to him a lump sum undersection 19 and that—

(a) the employee has taken all reasonable steps(other than legal proceedings) to obtainthe payment of the lump sum from theemployer and the employer has refusedor failed to pay it or has paid part of it andhas refused or failed to pay the balance,F68[or]

(b) the employer is insolvent and the whole orpart of the lump sum remains unpaid, or

(c) the employer has died and neither probate ofhis will has, nor letters of administrationin respect of his estate have, beengranted, and the whole or part of thelump sum remains unpaid,

the employee may apply to the Minister for apayment under this section.

(2) If on an application under this section theMinister is satisfied that an employee is entitled to alump sum under section 19 which remains unpaideither in whole or in part, the Minister shall pay to theemployee out of the F69[Social Insurance Fund] somuch of the lump sum as remains unpaid.

(3) Upon the payment by the Minister of apayment under this section all rights and remedies ofthe employee with respect to the lump sumconcerned or, if the Minister has paid part of it, withrespect to that part, shall thereupon standtransferred to and become vested in the Minister andany moneys recovered by the Minister by virtue ofthis subsection shall be paid into the F70[SocialInsurance Fund].

(4) Where, in a case falling within subsection (1)(a), the Minister makes a payment to an employeeunder subsection (2), the Minister shall claim from theemployer a sum equal to the amount of the paymentmade by the Minister under subsection (2) less theamount of the rebate that would have been payableto the employer from the F71[Social Insurance Fund]under section 29 if the employer had paid the lumpsum to the employee, save that, where it appears tothe Minister that the refusal or failure of theemployer was without reasonable excuse, theMinister may either withhold any rebate to which theemployer would otherwise have been entitled orreduce the amount of that rebate to such extent as

the Minister thinks appropriate, and in either suchcase the amount of the Minister’s claim against theemployer under this subsection may be increasedaccordingly.

(5) Where, in a case falling within subsection (1)(b), the Minister makes a payment to an employeeunder subsection (2), the Minister shall be entitled toclaim in the bankruptcy, arrangement, administrationof the insolvent estate or winding up (as the case maybe) in respect of, and only in respect of, a sum equalto the amount of the payment made by the Ministerunder subsection (2) less the amount of the rebatethat would have been payable to the employer fromthe F72[Social Insurance Fund] under section 29 if theemployer had paid the lump sum to the employee.

(6) Where, in a case falling within subsection (1)(c), the Minister makes a payment to an employeeunder subsection (2), the Minister shall be entitled toclaim from the deceased employer’s estate in respectof, and only in respect of, a sum equal to the amountof the payment made by the Minister undersubsection (2) less the amount of the rebate thatwould have been payable to the deceased employer’sestate from the F73[Social Insurance Fund] undersection 29 if the employee had been paid the lumpsum from the estate of the deceased employer.

(7) For the purpose of this section an employershall be deemed to be insolvent if—

(a) the employer has been adjudicatedbankrupt, has filed a petition forarrangement or has executed a deed ofarrangement (within the meaning ofsection 4 of the Deeds of ArrangementAct, 1887),

(b) the employer has died and his estate, beinginsolvent, is being administered inaccordance with the rules set out in Part Iof the First Schedule to the Succession


Annotations:

Amendments:

Act, 1965, or

(c) the employer is a company, and the companyis insolvent and being wound up.]


F67


F68


F69


F70


F71


F72


F73

Regulations as to payment of contributions.

33.—F74[…]

Annotations:

Amendments:

Editorial Notes:

Deleted (6.04.1981) by Social Welfare Act 1991 (7/1991),s.39(1) and sch. C, commenced as per s. 39(3).

F74

Previous affecting provision: power pursuant to subs. (2)exercised (6.04.1979) by Redundancy Contributions(Method of Payment) (Revocation) Regulations 1979 (S.I.No. 116 of 1979).

E43


Annotations:

Amendments:

Previous affecting provision: fines substituted (6.04.1979)by Redundancy Payments Act 1979 (7/1979), s. 17 andsch., S.I. No. 95 of 1979.

E44

Previous affecting provision: power pursuant to subs. (2)exercised (6.01.1969) by Redundancy Contributions(Method of Payment) Regulations 1968 (S.I. No. 272 of1968).

E45

Previous affecting provision: power pursuant to subs. (1)and (2) exercised (6.01.1969) by Redundancy (Collectionof Contributions) (Revocation) Regulations 1968 (S.I. No.271 of 1968).

E46

Previous affecting provision: power pursuant to subs. (1)and (2) exercised (3.01.1968) by Redundancy (Collectionof Contributions) Regulations 1968 (S.I. No. 4 of 1968).

E47

Preparation and issue of redundancy stamps, etc.

34.—F75[…]

Repealed (6.04.1979) by Redundancy Payments Act 1979(7/1979), s. 19, S.I. No. 95 of 1979.

F75

Persons employed by more than one employer, etc.

35.—(1) In relation to persons who—

(a) are employed by more than one employer inany week, or

(b) work under the general control ormanagement of some person other thantheir immediate employer,

and in relation to any other cases for which it appearsto the Minister that special provision is needed,regulations may provide that for the purposes of thisAct the prescribed person shall be treated as theiremployer.

(2) Regulations made relating to personsmentioned in subsection (1) (b) may provide foradjusting the rights between themselves of theperson prescribed as the employer, the immediateemployer and the persons employed.

Annotations:

Editorial Notes:

Power pursuant to section exercised (1.10.1985) byRedundancy Payments (Cork Port Dockers) Regulations1987 (S.I. No. 211 of 1987).

E48

Power pursuant to section exercised (20.03.1975) byRedundancy Payments (Waterford Port Dockers)Regulations 1975 (S.I. No. 73 of 1975).

E49

Power pursuant to section exercised (11.03.1974) byRedundancy Payments (Limerick Port Dockers)Regulations 1974 (S.I. No. 59 of 1974).

E50

Power pursuant to section exercised (17.08.1973) byRedundancy Payments (Galway Port Dockers) Regulations1973 (S.I. No. 261 of 1973).

E51

Power pursuant to section exercised (4.04.1973) byRedundancy Payments (Dundalk Port Dockers) Regulations1973 (S.I. No. 95 of 1973).

E52

Power pursuant to section exercised (13.02.1973) byRedundancy Payments (Dublin Port Dockers) Regulations1973 (S.I. No. 42 of 1973).

E53

Power pursuant to section exercised (11.11.1971) byRedundancy Payments (Dublin Port Dockers) Regulations1971 (S.I. No. 301 of 1971).

E54

Power pursuant to subs. (1) exercised (3.01.1968) byRedundancy (Collection of Contributions) Regulations1968 (S.I. No. 4 of 1968).

E55

Power pursuant to subs. (1) exercised (13.12.1968) byRedundancy (Collection of Contributions) (Revocation)Regulations 1968 (S.I. No. 271 of 1968).

E56

Regulations for Part III.

36.—(1) The Minister may make regulations for

giving effect to this Part.

(2) Without prejudice to the generality ofsubsection (1), regulations under this section maymake provision in relation to all or any of thefollowing matters :

(a) requiring an employer entitled to a rebate tomake a claim therefor and prescribing thetime within which such a claim is to bemade;

(b) requiring an employer who has made a claimfor a rebate to produce such evidenceand other information as may beprescribed and to produce forexamination on behalf of the Ministersuch documents as may be prescribedand are in that employer’s custody orunder his control;

(c) requiring, in connection with an applicationmade to the Minister under section 32,the employer concerned to produce forexamination on behalf of the Ministersuch documents as may be prescribedand are in the employer’s custody orunder his control;

(d) F76[…]

(e) prescribing the method, time and place forthe making of weekly payments.

(3) A person who fails to comply with a regulationunder subsection (2) (b) or (2) (c) or who, in relationto a regulation requiring information, furnishes falseinformation shall be guilty of an offence and shall beliable on summary conviction to a fine not exceedingF77[€5,000].

Annotations:

Amendments:

Editorial Notes:

Repealed (6.04.1979) by Redundancy Payments Act 1979(7/1979), s. 19, S.I. No. 95 of 1979.

F76


F77

Power pursuant to section exercised (23.05.1990) byRedundancy (Rebates) Regulations 1990 (S.I. No. 122 of1990).

E57

Power pursuant to section exercised (3.09.1984) byRedundancy (Rebates) Regulations 1984 (S.I. No. 222 of1984).

E58

Power pursuant to section exercised (5.04.1979) byRedundancy (Rebates and Weekly Payments) Regulations1979 (S.I. No. 113 of 1979).

E59

Power pursuant to section exercised (9.07.1969) byRedundancy (Rebates and Weekly Payments)(Amendment) Regulations 1969 (S.I. No. 134 of 1969).

E60

Power pursuant to section exercised (9.01.1968) byRedundancy (Rebates and Weekly Payments) Regulations1968 (S.I. No. 11 of 1968).

E61

Previous affecting provisions: penalty under subs. (3)substituted (6.04.1979) by Redundancy Payments Act1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979;subsequently substituted (25.05.03) by RedundancyPayments Act 2003 (14/2003), s. 13(c), S.I. No. 194 of2003.

E62

PART IV

MISCELLANEOUS PROVISIONS

Deciding officers.

37.—The Minister may appoint F78[…] such and somany persons as he thinks proper to be decidingofficers for the purposes of this Act, and every personso appointed shall hold office as a deciding officer

Annotations:

Amendments:

during the pleasure of the Minister.


F78

Decisions by deciding officers.

38.—(1) Subject to this Act and in accordance withany relevant regulations, every question arising—

F79[(a) as to who is the employer of anemployee,

(b) in relation to the payment from the SocialInsurance Fund of—

(i) rebates to employers under section 29,or

(ii) lump sums to employees under section32,

or

(c) on such other matters arising under this Actas are prescribed,]

shall be decided by a deciding officer.

(2) A reference in this section to a question arisingin relation to a claim for a weekly payment includes areference to a question whether a weekly payment isor is not payable.

Annotations:

Amendments:

Substituted (8.05.2007) by Protection of EmploymentF79

Editorial Notes:

(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 17, commenced onenactment.

Previous affecting provision: subs. 1(d) deleted(6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39 andsch. C, commenced as per s. 39(3).

E63

Redundancy Appeals Tribunal and appeals andreferences thereto.

39.—(1) There shall be a Tribunal (which shall beknown as the Redundancy Appeals Tribunal and is inthis section hereinafter referred to as the Tribunal) todetermine the appeals provided for in this section.

(2) The Tribunal shall consist of the followingmembers—

(a) F80[a chairman who before his appointmentshall have had not less than 7 years’experience as a practising barrister orpractising solicitor,]

(b) F81[not more than 5 vice‐chairmen, ]

(c) F82[not less than 12 and not more than 30ordinary members.]

(3) The members of the Tribunal shall be appointedby the Minister and shall be eligible for re‐appointment.

F83[(3A) Notwithstanding subsection (2),whenever the Minister is of the opinion that for thespeedy despatch of the business of the Tribunal it isexpedient that there should be added further vice‐chairmen or further ordinary members (or bothfurther vice‐chairmen and further ordinarymembers), he may make such additionalappointments, and the reference in subsection (4)shall include a reference to this subsection.]

(4) The appointments pursuant to subsection (3) ofthe ordinary members of the Tribunal shall be made—

(a) as to one‐half of those members, beingpersons nominated for that purpose byan organisation representative of tradeunions of workers, and

(b) as to the other half of those members, fromamong persons nominated for thatpurpose by a body or bodiesrepresentative of employers.

(5) The term of office of a member of the Tribunalshall be such period as is specified by the Ministerwhen appointing such member.

(6) (a) A member of the Tribunal may, by letteraddressed to the Minister, resign hismembership.

(b) A member of the Tribunal may be removedfrom office by the Minister.

(7) (a) Whenever a vacancy occurs in themembership of the Tribunal and is causedby the resignation, removal from office ordeath of an ordinary member mentionedin subsection (4) (a), the vacancy shall befilled by the Minister by appointment inthe manner specified in that subsection.

(b) Whenever a vacancy occurs in themembership of the Tribunal and is causedby the resignation, removal from office ordeath of an ordinary member mentionedin subsection (4) (b), the vacancy shall befilled by the Minister by appointment inthe manner specified in that subsection.

(8) In the case of a member of the Tribunal filling avacancy caused by the resignation, removal fromoffice or death of a member before the completion of

the term of office of the last‐mentioned member, themember filling that vacancy shall hold office for theremainder of the term of office of the person who soresigned, died or was so removed from office.

(9) A vice‐chairman of the Tribunal shall act aschairman thereof when so required by the chairmanor the Minister and when so acting shall have all thepowers of the chairman.

(10) A member of the Tribunal shall be paid suchremuneration (if any) and allowances as may bedetermined by the Minister with the consent of theMinister for Finance.

(11) Whenever the chairman of the Tribunal is ofopinion that, for the speedy dispatch of the businessof the Tribunal, it is expedient that the Tribunal shouldact by divisions, he may direct accordingly and, untilhe revokes his direction, the Tribunal shall be groupedas so directed.

(12) Each division of the Tribunal shall consist ofeither the chairman or a vice‐chairman of theTribunal, an ordinary member of the Tribunalmentioned in subsection (4) (a) and an ordinarymember of the Tribunal mentioned in subsection (4)(b).

(13) The Minister may, with the consent of theMinister for Finance, appoint such officers andservants of the Tribunal as he considers necessary toassist the Tribunal in the performance of its functions,and such officers and servants shall hold office onsuch terms and receive such remuneration as theMinister for Finance determines.

(14) The decision of the Tribunal on any questionreferred to it under this section shall be final andconclusive, save that any person dissatisfied with thedecision may appeal therefrom to the High Court on aquestion of law.

(15) Any employer who is dissatisfied with a

decision given by the Minister in relation to a rebateor with any decision given by a deciding officer inrelation to any question specified in section F84[…] 38(1) (e) or 38 (1) (f), or any employee who isdissatisfied with a decision given by a deciding officerunder section 38 or with any decision of an employerunder this Act F85[may appeal to the Tribunal againstthe decision;] provided however, that the Tribunalshall not be competent to decide whether or not anemployee is or was at the material time inemployment which is or was insurable for all benefitsunder the Social Welfare Acts F86[…].

(16) A deciding officer may if he so thinks proper,instead of deciding it himself, refer F87[…] to theTribunal for a decision thereon any question whichfalls to be decided by him under section 38.

(17) (a) The Tribunal shall, on the hearing of anymatter referred to it under this section,have power to take evidence on oath andfor that purpose may cause to beadministered oaths to persons attendingas witnesses at such hearing.

(b) Any person who, upon examination onoath authorised under this subsection,wilfully and corruptly gives false evidenceor wilfully and corruptly swears anythingwhich is false, being convicted thereof,shall be liable to the penalties for wilfuland corrupt perjury.

(c) The Tribunal may, by giving notice in thatbehalf in writing to any person, requiresuch person to attend at such time andplace as is specified in the notice to giveevidence in relation to any matterreferred to the Tribunal under this sectionor to produce any documents in hispossession, custody or control whichrelate to any such matter.

(d) A notice under paragraph (c) may be giveneither by delivering it to the person towhom it relates or by sending it by post ina prepaid registered letter addressed tosuch person at the address at which heordinarily resides.

(e) A person to whom a notice underparagraph (c) has been given and whorefuses or wilfully neglects to attend inaccordance with the notice or who,having so attended, refuses to giveevidence or refuses or wilfully fails toproduce any document to which thenotice relates shall be guilty of an offenceand shall be liable on summary convictionthereof to a fine not exceedingF88[€5,000].

(18) The Tribunal shall submit an annual report tothe Minister which shall be published.

(19) The Minister may make regulations givingeffect to this section and such regulations may, inparticular but without prejudice to the generality ofthe foregoing, provide for all or any of the followingmatters—

(a) the procedure to be followed regarding thesubmission of appeals to the Tribunal,

(b) the times and places of hearings by theTribunal,

(c) the representation of parties attendinghearings by the Tribunal,

(d) procedure regarding the hearing of appealsby the Tribunal,

(e) publication and notification of decisions ofthe Tribunal,

(f) notices relating to appeals or hearings by the

Tribunal,

(g) the award by the Tribunal of costs andexpenses and the payment of suchawards,

(h) an official seal of the Tribunal,

(i) for treating the Minister as a party to anyproceedings before the Tribunal where hewould not otherwise be a party to themand entitling him to appear and be heardaccordingly.

Annotations:

Amendments:

Substituted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 7(a), S.I. No. 230 of 1971.

F80


F81


F82


F83


F84


F85

Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991),s. 39 and sch. C, commenced as per s. 39(3).

F86

Deleted (8.05.2007) by Protection of Employment(Exceptional Collective Redundancies and RelatedMatters) Act 2007 (27/2007), s. 18, commenced onenactment.

F87


F88


Inserted by Redundancy Payments Act 2003 (14/2003), s.9, not commenced as of date of revision.

F89

Prospective amending provision: s. 39(2)(b) amended byRedundancy Payments Act 2003 (14/2003), s. 9, notcommenced as of date of revision.

(b) F81[not more than 5 vice‐chairmen, F89[who,before their appointment, shall each have hadnot less than 5 years’ experience as apractising barrister or practising solicitor]]

C23

Application with modifications of subs. (17) extended(26.10.2013) by Further Education and Training Act 2013(25/2013), s. 35 and sch. para. 2(7), S.I. No. 400 of 2013.

Prohibition on penalisation.35.—(1) An employer shall not penalise or threaten

penalisation against an employee for—

...

(2) The Schedule shall have effect for the purposes ofsubsection (1).

SCHEDULERedress for Contravention of section 35

Section 35Complaints to rights commissioner.

...

2.— ...

(7) Section 39(17) of the Redundancy Payments Act1967 shall apply in relation to proceedings before theLabour Court under this Part as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—

(a) the substitution in that provision of references tothe Labour Court for references to theTribunal, and

(b) the deletion in paragraph (d) of that provision of“registered”.

...

C24

Application with modifications of subs. (17) extended(16.05.2012) by Protection of Employees (TemporaryAgency Work) Act 2012 (13/2012), s. 25 and sch. 2 para.

C25

2(7), commenced on enactment.

Complaints in respect of certain contraventions of Act.25.—Schedule 2 shall have effect for the purposes of

this Act.

...

Schedule 2Redress for certain contraventions of Act

Complaints to rights commissioner....

2.— ...

(7) Section 39(17) of the Redundancy Payments Act1967 shall apply in relation to proceedings before theLabour Court under this Schedule as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—

(a) the substitution in that provision of references tothe Labour Court for references to theTribunal,

(b) the deletion in paragraph (d) of that provision of‘registered’, and

(c) the substitution in paragraph (e) of that provisionof ‘a class A fine’ for ‘a fine not exceedingtwenty pounds’.

...

Functions under subss. (10) and (13) transferred andreferences to “Department of Finance” and “Minister forFinance” construed (29.07.2011) by Finance (Transfer ofDepartmental Administration and Ministerial Functions)Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1part 2, in effect as per art. 1(2).




C26




any Act or instrument under an Act and relating to anyfunctions transferred by this Order shall, from thecommencement of this Order, be construed as referencesto the Minister for Public Expenditure and Reform....


...Part 2


Numberand Year


(1) (2) (3)

... ... ...

No. 21 of1967



... ... ...

Application with modifications of subs. (17) extended(1.06.2010) by Inland Fisheries Act 2010 (10/2010), s.38(1) and sch. 4 para. 2(7), commenced on enactment.

Redress for Contravention of Section 38Appeal from decision of rights commissioner.

2.— ...

(7) Section 39(17) of the Redundancy Payments Act1967 applies in relation to proceedings before the LabourCourt under this Part as it applies to matters referred tothe Employment Appeals Tribunal under that section with—

(a) references to the Labour Court to be read asreferences to the Tribunal,

(b) paragraph (d) to be read as if “registered” wasomitted, and

(c) reference to a fine not exceeding £150 inparagraph (e) to be read as reference to a finenot exceeding €5,000.

C27

Application with modifications of subs. (17) extended(20.01.2010) by Labour Services Act 1987 (15/1987), s.13B(2) and sch. 2 para. 2(7), as inserted by LabourServices (Amendment) Act 2009 (38/2009), ss. 7 and 11,S.I. No. 12 of 2010.

Redress for Contravention of Section 13B(1)Appeal from decision of rights commissioner.

2. — ...

(7) Section 39 (17) of the Redundancy Payments Act1967 shall apply in relation to proceedings before theLabour Court under this Part as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—


(b) the deletion in paragraph (d) of that provision of‘registered’, and

(c) the substitution in paragraph (e) of that provisionof ‘a fine not exceeding €5,000’ for ‘a fine notexceeding twenty pounds’.

...

C28

Application with modifications of subs. (17) extended(21.12.2009) by National Asset Management Agency Act2009 (34/2009), s. 223(4) and sch. 2 para. 3(1), S.I. No.545 of 2009.

Paragraphs 1 and 2: supplemental provisions3. (1) Section 39(17) of the Redundancy Payments Act

1967 shall apply in relation to proceedings before theLabour Court under paragraph 2 as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—


(b) the substitution in paragraph (e) of that provisionof “€3,000” for “£150”.

...

C29

Application with modifications of subs. (17) extended(7.09.2009) by European Communities (WorkingConditions of Mobile Workers Engaged in Interoperable

C30

Cross‐Border Services in the Railway Sector) Regulations2009 (S.I. No. 377 of 2009), reg. 9(7).

Appeal from decision of rights commissioner9. — ...

(7) Section 39(17) of the Redundancy Payments Act1967 (No. 21 of 1967) shall apply in relation toproceedings before the Labour Court under theseRegulations as it applies to matters referred to theEmployment Appeals Tribunal under that section with—


(b) the deletion in paragraph (d) of that provision of“registered”, and

(c) the substitution in paragraph (e) of that provisionof “€2,000” for “twenty pounds”.

...

Application of section not affected (8.05.2007) byProtection of Employment (Exceptional CollectiveRedundancies and Related Matters) Act 2007 (27/2007),s. 8(4), commenced on enactment.

Hearings, and giving of opinions, by Labour Court.8.— ...

(4) No appeal shall lie from an opinion given by theLabour Court under this section, but nothing in thissection affects the power of the Employment AppealsTribunal to make a decision on any question referred to itunder section 39 of the Redundancy Payments Act 1967.

...

C31

Application with modifications of subs. (17) extended(1.01.2007) by Employment Permits Act 2006 (16/2006) s.26(4) and sch. 2, para. 3(1), S.I. No. 682 of 2006.

Paragraphs 1 and 2: supplemental provisions.1.— ...

3. (1) Section 39(17) of the Redundancy Payments Act1967 shall apply in relation to proceedings before theLabour Court under paragraph 2 as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—

(a) the substitution in that provision of references to

C32

the Labour Court for references to theTribunal, and


...

Application with modifications of subs. (17) extended(29.09.2006) by European Communities (Organisation ofWorking Time) (Mobile Staff in Civil Aviation) Regulations2006 (S.I. No. 507 of 2006), reg. 16(7).

Complaints to Rights Commissioner16. — ...

(7) Section 39(17) of the Redundancy Payments Act,1967, shall apply in relation to proceedings before theLabour Court under these Regulations as it applies tomatters referred to the Employment Appeals Tribunalunder that section with —


(b) the deletion in paragraph (d) of that provision of“registered”, and the substitution in paragraph(e) of that provision of “a fine not exceeding€2,000” for “fine not exceeding twentypounds”.

...

C33

Application with modifications of subs. (17) extended(1.09.2005) by Safety, Health and Welfare at Work Act2005 (10/2005), s. 29(7), S.I. No. 328 of 2005.

Appeals from and enforcement of decisions of rightscommissioner.

29.— ...




C34

...

Penalty under subs. (17)(e) specified (1.09.2005) bySafety, Health and Welfare at Work Act 2005 (10/2005), s.78(1), S.I. No. 328 of 2005.

Penalties78.—(1) A person guilty of an offence under section

39(17)(e) of the Redundancy Payments Act 1967 asapplied to this Act by section 29 (7), or 77(1) is liable onsummary conviction to a fine not exceeding €3,000.

...

C35

Application with modifications of subs. (17) extended(14.07.2003) by Protection of Employees (Fixed‐TermWork) Act 2003 (29/2003), s. 15(7), commenced onenactment.

Appeal from decision of rights commissioner.15.— ...




(c) the substitution in paragraph (e) of that provisionof “a fine not exceeding €2,000” for “a finenot exceeding twenty pounds”.

...

C36

Application with modifications of subs. (17) extended(20.12.2001) by Protection of Employees (Part‐Time Work)Act 2001 (45/2001), s. 17(7), (subject to exclusion ofmembers of the Defence Forces, s. 19), S.I. No. 636 of2001.

Appeals from and enforcement of decisions of rightscommissioner.

17.— ...

(7) Section 39(17) of the Redundancy Payments Act,1967, shall apply in relation to proceedings before theLabour Court under this Part as it applies to matters

C37

referred to the Employment Appeals Tribunal under thatsection with—



(c) the substitution in paragraph (e) of that provisionof “a fine not exceeding €1,900” for “a finenot exceeding twenty pounds”.

...

Application with modifications of subs. (17) (a) and (e)extended (2.07.2001) by Carer’s Leave Act 2001(19/2001), s. 20(6), commenced on enactment.


(6) Paragraphs (a) and (e) of section 39(17) of the Actof 1967 shall apply for the purposes of this section as theyapply for the purposes of section 39 with the modificationthat “€3,000 (£2,362.69)” shall be substituted for “£150”and with any other necessary modifications.

...

C38

Application with modifications of subs. (17)(a) and (e)extended (3.12.1998) by Parental Leave Act 1998(30/1998), s. 19(5), commenced as per s. 1(2).


(5) Paragraphs (a) and (e) of subsection (17) of section39 of the Redundancy Payments Act, 1967, shall apply forthe purposes of this section as it applies for the purposesof the said section 39 with the modification that “£1,500”shall be substituted for “£150” and with any othernecessary modifications.

...

C39

Application with modifications of subs. (17) extended(30.09.1997) by Organisation of Working Time Act 1997(20/1997), s. 28(7), S.I. No. 392 of 1997.

Appeals from and enforcement of recommendations ofrights commissioner.

28.— ...

C40

(7) Section 39 (17) of the Redundancy Payments Act,1967, shall apply in relation to proceedings before theLabour Court under this Part as it applies to mattersreferred to the Employment Appeals Tribunal under thatsection with—



(c) the substitution in paragraph (e) of that provisionof “a fine not exceeding £1,500” for “a finenot exceeding twenty pounds”.

Application with modifications of subs. (17) extended(16.05.1994) by Terms of Employment (Information) Act1994 (5/1994), s. 8(5), S.I. No. 96 of 1994.

Appeals from and enforcement of recommendations ofrights commissioner.

8.— ...

(5) Section 39 (17) of the Redundancy Payments Act,1967, shall apply in relation to proceedings before theTribunal under this Act as it applies to matters referred toit under that section with the substitution in paragraph (e)of the said section 39 (17) of “a fine not exceeding£1,000” for “a fine not exceeding twenty pounds”.

...

C41

Application of subs. (17) extended (1.01.1992) by Paymentof Wages Act 1991 (25/1991), s. 7(5), S.I. No. 350 of 1991.

Appeal from decision of rights commissioner.7. — ...

(5) Section 39 (17) of the Redundancy Payments Act,1967, shall apply in relation to proceedings before theTribunal under this Act as it applies to matters referred toit under that section.

C42

Application of subs. (14) extended (30.11.1984) byProtection of Employees (Employers’ Insolvency) Act 1984(21/1984), s. 9(5), commenced on enactment.

Complaints to Tribunal.9.— ...

(5) Subsection (14) of section 39 of the Act of 1967 shallapply to a decision of the Tribunal on any matter referred

C43

Editorial Notes:

to it under this section as it applies to a decision of theTribunal on a question referred to it under that section.

Application of subs. (15) extended (6.04.1979) byRedundancy Payments Act 1979 (7/1979), s. 7(5), S.I. No.95 of 1979.

Employee’s right to time off for certain purposes whileunder notice of dismissal for redundancy.

7.— ...

(5) Any dispute arising under this section shall bedeemed to be a decision referred to in section 39 (15) ofthe Principal Act, and any amount ordered by theEmployment Appeals Tribunal to be paid by an employerto an employee shall be recoverable as a simple contractdebt in a court of competent jurisdiction.

C44

Application of subs. (17) extended (9.05.1977) by UnfairDismissals Act 1977 (10/1977), s. 8(9), S.I. No. 138 of1977.

Determination of claims for unfair dismissal.8.— ...

(9) Section 21 (2) of the Industrial Relations Act, 1946,shall apply in relation to all proceedings before theTribunal as if the references in that section to the LabourCourt were references to the Tribunal and subsection (17)of section 39 of the Redundancy Payments Act, 1967, shallapply in relation to proceedings before the Tribunal underthis Act as it applies to matters referred to it under thesaid section 39.

...

C45

Application of section extended (1.09.1971) byRedundancy Payments Act 1971 (20/1971) s. 15(1), S.I.No. 230 of 1971.

Provisions relating to special redundancy schemes.15.—(1) Any dispute arising under a special redundancy

scheme may be referred by a party to the scheme to theTribunal and shall be deemed to be a question referredunder section 39 of the Principal Act to the Tribunal for adecision on the question.

...

C46

Provision as to evidence of certain matters in aprosecution under subs. (17)(e) made (1.10.1993) by

E64

Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 12,commenced as per s. 17(4) and (16.05.1994) by Terms ofEmployment (Information) Act 1994 (5/1994), s. 10, S.I.No. 96 of 1994.

Power pursuant to section exercised (5.04.1979) byRedundancy (Employment Appeals Tribunal) Regulations1979 (S.I. No. 114 of 1979).

E65

Power pursuant to subs. (19) exercised (1.09.1973) byMinimum Notice and Terms of Employment (Reference ofDisputes) Regulations 1973 (S.I. No. 243 of 1973).

E66

Power pursuant to subs. (19) exercised (11.02.1969) byRedundancy (Redundancy Appeals Tribunal) (Amendment)Regulations 1969 (S.I. No. 26 of 1969).

E67

Power pursuant to subs. (19) exercised (29.01.1968) byRedundancy (Redundancy Appeals Tribunal) Regulations1968 (S.I. No. 24 of 1968).

E68

Previous affecting provision: amount referred to in subs.(17)(e) substituted (6.04.1979) by Redundancy PaymentsAct 1979 (7/1979) s. 17 and sch., S.I. No. 95 of 1979.

E69

Previous affecting provision: subs. 2(c) substituted(1.09.1971) by Redundancy Payments Act 1971 (20/1971)s. 7(b), S.I. No. 230 of 1971; subsequently substituted asper F‐note above.

E70

Reference and appeal to the High Court.

F90[40. (1) Where any question, other than aquestion specified in section 38 (1) (a), 38 (1) (b) or38 (1) (c), is referred to the Tribunal, the Ministermay, on the request of the Tribunal, refer thequestion for the decision of the High Court.

(2) Where the Minister refers a question for thedecision of the High Court under this section, orwhere a person appeals to the High Court undersection 39 (14), the court may, at its discretion, orderthe payment by the Minister from the F91[SocialInsurance Fund] of the costs (in whole or in part as soordered) when taxed of a party involved.

(3) Where the Minister refers a question for thedecision of the High Court under this section, he may

Annotations:

Amendments:

be represented as a party in that court at the hearingof the question.]


F90


F91

Revision of decisions.

41.—(1) A deciding officer may, at any time andfrom time to time, revise any decision of a decidingofficer, if it appears to him that the decision waserroneous in the light of new evidence or of new factswhich have been brought to his notice since the dateon which it was given or by reason of some mistakehaving been made with respect to the law or thefacts, or if it appears to him in a case where a weeklypayment has been payable that there has been anyrelevant change of circumstances since the decisionwas given, and the provisions of this Act as to appealsshall apply to such revised decision in the samemanner as they apply to an original decision.

(2) Subsection (1) shall not apply to a decisionrelating to a matter which is on appeal or referenceunder section 39 unless the revised decision would bein favour of a claimant for a weekly payment.

(3) A revised decision given by a deciding officershall take effect as follows:—

(a) where redundancy payment will, by virtue ofthe revised decision, be disallowed orreduced and the revised decision is givenowing to the original decision having beengiven, or having continued in effect, byreason of any statement or

representation (whether written or oral)which was to the knowledge of theperson making it false or misleading in amaterial respect or by reason of the wilfulconcealment of any material fact, it shalltake effect as from the date on which theoriginal decision took effect, but, in a casein which the redundancy payment is byway of periodical payment, the originaldecision may, in the discretion of thedeciding officer continue to apply to anyperiod covered by such original decisionto which such false or misleadingstatement or representation or such wilfulconcealment of any material fact does notrelate;

(b) in any other case, it shall take effect as fromthe date considered appropriate by thedeciding officer, but any payment alreadymade at the date of the revision shall notbe affected.

(4) Regulations may provide for the treating of anyredundancy payment paid to an employee under adecision of a deciding officer, which it is subsequentlydecided was not payable, as paid on account of anyother redundancy payment which it is decided waspayable to that employee or for the repayment of anysuch payment and the recovery thereof by deductionor otherwise.

(5) Reference in this section to revision includesreference to revision consisting of a reversal.

Annotations:

Editorial Notes:

Power pursuant to section exercised (3.01.1968) byRedundancy (Repayment and Recovery of Payments)Regulations 1968 (S.I. No. 5 of 1968).

E71

Provisions relating to winding up and bankruptcy.

42.—F92[(1) There shall be included among thedebts which, under section 285 of the Companies Act,1963, are, in the distribution of the assets of acompany being wound up, to be paid in priority to allother debts, all contributions F93[…] payable by thecompany under this Act during the twelve monthsbefore the commencement of the winding up or thewinding‐up order and any lump sum (or portion of alump sum) payable under this Act by such a company,and the said section 285 shall have effect accordingly,and formal proof of the debts to which priority isgiven under this subsection shall not be requiredexcept in cases where it may otherwise be providedby rules made under the Companies Act, 1963.]

(2) Subsection (1) shall not apply where a companyis wound up voluntarily merely for the purposes ofreconstruction or of amalgamation with anothercompany.

F92[(3) There shall be included among the debtswhich, under section 4 of the Preferential Paymentsin Bankruptcy (Ireland) Act, 1889, are, in thedistribution of the property of a bankrupt orarranging debtor, to be paid in priority to all otherdebts, all contributions F93[…] payable under this Actby the bankrupt or arranging debtor during thetwelve months before the date of the order ofadjudication in the case of a bankrupt or the filing ofthe petition for arrangement in the case of anarranging debtor and any lump sum (or portion of alump sum) payable under this Act by a bankrupt orarranging debtor, and the said section 4 shall haveeffect accordingly, and formal proof of the debts towhich priority is given under this subsection shall notbe required except in cases where it may otherwisebe provided by general orders made under thePreferential Payments in Bankruptcy (Ireland) Act,1889.]

(4) Every assignment of or charge on, and every




Annotations:

Amendments:

Annotations:

Amendments:

agreement to assign or charge, a weekly paymentshall be void and on the bankruptcy of any personentitled to a weekly payment the weekly paymentshall not pass to the official assignee in bankruptcy orany trustee or other person acting on account of thecreditors.

(5) Nothing in section 53 of the Bankruptcy(Ireland) Amendment Act, 1872, or in section 286 ofthe Companies Act, 1963, shall apply to anyredundancy payments made by an employer.


F92

Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991)s. 39(1) and sch. C, commenced as per s. 39(3).

F93

F94[Recovery of sums due to Redundancy Fund.

43.—All moneys due to the Social Insurance Fundunder this Act shall be recoverable as debts due to theState and, without prejudice to any other remedy,may be recovered by the Minister as a debt understatute in any court of competent jurisdiction.]

Substituted (1.05.1990) by Social Welfare Act 1990(5/1990), s. 26(d), commenced as per s. 31.

F94

Application of section 52 of the Act of 1952.

F95[44.—Section 115 (other than subsections (3)and (5) thereof) of the Social Welfare (Consolidation)Act, 1981, shall apply in relation to benefits under this





Annotations:

Amendments:

Act as it applies to benefits and other payments underthe Social Welfare (Consolidation) Act, 1981.]

Substituted (6.04.1991) by Social Welfare Act 1991(7/1991), s. 39(1) and sch. C, commenced as per s. 39(3).

F95

Application of Section 53 of Act of 1952.

45.—Section 53 of the Act of 1952 shall apply inrelation to offences under this Act or underregulations thereunder as it applies to offences underthe Act of 1952 or to offences under regulationsthereunder, save that in the said applicationreference in the said section 53 to the Minister forSocial Welfare shall be construed as reference to theMinister.

Aid to unemployed persons changing residence.

46.—F96[(1) The Minister may, for the purpose ofpromoting national economic policy, make with theconsent of the Minister for Finance regulationsproviding for financial assistance out of moneysprovided by the Oireachtas—

(a) to persons who are obliged to change theirnormal place of residence in order to takeup employment offered or approved bythe National Manpower Service, or

(b) to enable persons to travel for selection fortraining at approved training centres or toundertake courses of training at suchcentres.]

(2) Without prejudice to the generality ofsubsection (1), regulations under this section—


(a) may provide for the payment orrecoupment, in whole or in part, of thecosts of transport (including the transportof household effects) arising out of achange of residence and for allowances inrespect of lodgings, and

(b) may impose conditions, time limits andfinancial limits in respect of any moneyspayable under the regulations.

(3) Notwithstanding anything contained in section4, regulations under this section may apply toworkers belonging to a class excluded from this Act bythe said section 4.

Annotations:

Amendments:



F96

Functions transferred and references to “Department ofFinance” and “Minister for Finance” construed(29.07.2011) by Finance (Transfer of DepartmentalAdministration and Ministerial Functions) Order 2011 (S.I.No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effectas per art. 1(2).





are transferred to the Minister for Public Expenditure

C47

Editorial Notes:

and Reform....5. References to the Minister for Finance contained in



...Part 2


Numberand Year


(1) (2) (3)

... ... ...

No. 21 of1967



... ... ...

Certain payments under regulations made under thissection exempted from income tax (from year 1997‐1998) by Taxes Consolidation Act 1997 (39/1997), s.203(2), commenced as per s. 1097(1)(a).

E72

Power pursuant to section exercised (3.08.1982) byRedundancy (Resettlement Assistance) (Revocation)Regulations 1982 (S.I. No. 251 of 1982).

E73

Previous affecting provision: power pursuant to subs. (1)exercised (1.08.1982) by Redundancy (ResettlementAssistance) Regulations 1982 (S.I. No. 248 of 1982);revoked (3.08.1982) by Redundancy (ResettlementAssistance) (Revocation) Regulations 1982 (S.I. No. 251 of1982), reg. 2(c).

E74

Previous affecting provision: power pursuant to subs. (1)exercised (21.05.1979) by Redundancy (ResettlementAssistance) Regulations 1979 (S.I. No. 322 of 1979);revoked (3.08.1982) by Redundancy (ResettlementAssistance) (Revocation) Regulations 1982 (S.I. No. 251 of1982), reg. 2(b).

E75

Previous affecting provision: power pursuant to subs. (1)exercised (10.09.1974) by Redundancy (ResettlementAssistance) Regulations 1974 (S.I. No. 271 of 1974):revoked (3.08.1982) by Redundancy (ResettlementAssistance) (Revocation) Regulations 1982 (S.I. No. 251 of1982), reg. 2(a).

E76

Previous affecting provision: power pursuant to sectionexercised (14.10.1971) by Redundancy (ResettlementAssistance) Regulations 1971 (S.I. No. 286 of 1971);revoked (10.09.1974) by Redundancy (ResettlementAssistance) Regulations 1974 (S.I. No. 271 of 1974), reg. 2.

E77

Previous affecting provision: power pursuant to sectionexercised (25.01.1968) by Redundancy (ResettlementAssistance) Regulations 1968 (S.I. No. 8 of 1968); revoked(14.10.1971) by Redundancy (Resettlement Assistance)Regulations 1971 (S.I. No. 286 of 1971), reg. 2.

E78

Special redundancy schemes for employeesexcluded from Act.

47.—(1) The Minister may, in respect of a class ofemployee excluded from this Act by section 4 or by anorder made thereunder, and after consultation withrepresentatives of employers interested in the formof work normally carried on by employees of thatclass and with representatives of employees sointerested, prepare and cause to be carried out ascheme (in this Act referred to as a specialredundancy scheme) providing in accordance withthe terms of the special redundancy scheme forredundancy payment to employees of that class.

(2) Whenever the Minister has prepared a specialredundancy scheme he shall, as soon as he thinks fitafter such preparation, make an order providing forthe carrying into effect on a specified date of thatspecial redundancy scheme, and from that date thatscheme shall be so carried into effect.

Provision for officers and servants of Córas IompairÉireann and Óstlanna Iompair Éireann Teoranta.

48.—(1) Section 9 of the Transport Act, 1964, shall



not apply to a person who, after the commencementof this Act, becomes an officer or servant of the Boardunless such person was, or, but for a casualinterruption of his employment, would have been, anofficer or servant of the Board at suchcommencement and continues to be an officer orservant of the Board except for casual interruptionsof employment.

(2) Where, before the commencement of this Act,a person is in receipt of compensation under section 9of the Transport Act, 1964, subsection (1) shall notoperate to diminish his right to such compensation.

(3) Where a person, on or after thecommencement of this Act, becomes entitled tocompensation under section 9 (4) of the TransportAct, 1964, in consequence of the termination of hisemployment with the Board or with the Company, heshall, notwithstanding any other provision of this Act,stand disqualified, as on and from the date of suchentitlement, for redundancy payment in respect ofsuch employment and all contributions under this Actpaid in respect of that person as an employee of theBoard or of the Company shall be refunded to theperson who paid such contributions.


“the Board” means Córas Iompair Éireann ;

“the Company” means Óstlanna Iompair ÉireannTeoranta.

Power to modify or wind‐up existing schemes andarrangements for the provision of superannuationand redundancy payments.

49.—Any scheme or arrangement for the provisionof pensions, compensation for redundancy or otherbenefits (including any scheme or arrangementestablished or provided by or under, or havingstatutory force by virtue of, any enactment and any





Annotations:

Amendments:

scheme evidenced only by one or more policies ofinsurance) may be modified, or wound up, inconnection with the establishment under this Act of ascheme for the provision of redundancy payments byagreement between the parties concerned in thescheme or arrangement.

Application of Probation of Offenders Act, 1907.

50.—F97[…]


F97

Voidance of purported exclusion of provisions ofthis Act.

51.—Any provision in an agreement (whether acontract of employment or not) shall be void in so faras it purports to exclude or limit the operation of anyprovision of this Act.

Offences by bodies corporate.

52.—Where an offence under this Act committedby a body corporate is proved to have beencommitted with the consent or connivance of, or tobe attributable to any neglect on the part of, anydirector, manager, secretary or other officer of thebody corporate or any person who was purporting toact in any such capacity, he as well as the bodycorporate shall be guilty of that offence and shall beliable to be proceeded against and punishedaccordingly.

Provisions regarding notices.

53.—(1) Any notice which under this Act isrequired or authorised to be given by an employer toan employee may be given by being delivered to theemployee, or left for him at his usual or last‐knownplace of residence, or sent by post addressed to himat that place.

(2) Any notice which under this Act is required orauthorised to be given by an employee to anemployer may be given either by the employeehimself or by a person authorised by him to act on hisbehalf, and, whether given by or on behalf of theemployee,—

(a) may be given by being delivered to theemployer, or sent by post addressed tohim at the place where the employee is orwas employed by him, or

(b) if arrangements in that behalf have beenmade by the employer, may be given bybeing delivered to a person designated bythe employer in pursuance of thearrangements, or left for such a person ata place so designated, or sent by post tosuch a person at an address sodesignated.

(3) In this section reference to the delivery of anotice shall, in relation to a notice not required by thisAct to be in writing, be construed as including areference to the oral communication of the notice.

(4) Any notice which, in accordance with thissection, is left for a person at a place referred to inthis section shall, unless the contrary is proved, bepresumed to have been received by him on the dayon which it was left there.

(5) Nothing in subsection (1) or (2) shall beconstrued as affecting the capacity of an employer toact by a servant or agent for the purposes of anyprovision (including either of those subsections) of

this Act.

Certificate of decision by deciding officer.

54.—A document purporting to be a certificate of adecision made pursuant to this Act or regulations by adeciding officer and to be signed by him shall beprima facie evidence of the making of the saiddecision, and of the terms thereof, without proof ofthe signature of such officer or of his official capacity.

Power to remove difficulties.

55.—(1) If in any respect any difficulty arises inbringing into operation this Act or any amendment orrepeal effected by this Act, the Minister may by orderdo anything which appears to be necessary orexpedient for bringing this Act into operation, andany such order may modify a provision of this Act sofar as may appear necessary or expedient for carryingthe order into effect.

(2) Every order made by the Minister under thissection shall be laid before each House of theOireachtas as soon as may be after it is made, and if aresolution is passed by either House of the Oireachtaswithin the next twenty‐one days on which that Househas sat after the order is laid before it annulling suchorder, the order shall be annulled accordingly, butwithout prejudice to the validity of anythingpreviously done under the order.

(3) No order may be made under this section afterthe expiration of one year after the commencementof this Act.

Annotations:

Editorial Notes:

Power pursuant to section exercised (7.05.1968) byRedundancy Payments Act (Authorised Officers) Order1968 (S.I. No. 106 of 1968).

E79

Expenses of Minister.

56.—(1) Any expenses incurred by the Minister orany other Minister in carrying this Act into effect shall,to such extent as may be sanctioned by the Ministerfor Finance, be paid out of moneys provided by theOireachtas.

(2) There shall be paid to the Minister for Financeout of the F98[Social Insurance Fund], at such timesand in such manner as the Minister for Finance maydirect, such sums as the Minister may estimate, onsuch basis as may be agreed upon between him andthe Minister for Finance, to be the part of the saidexpenses of the Minister or any other Minister incarrying into effect section 39 F99[and section 40],and any sums so paid shall be appropriated in aid ofmoneys provided by the Oireachtas for carrying thisAct into effect.

(3) In estimating expenses for the purposes ofsubsection (2), there shall be included such amountas, in the opinion of the Minister for Finance,represents the amount of the accruing liability inrespect of any superannuation or other retiringallowances, lump sums or gratuities accruing inrespect of the employment of any officer or otherperson for the purposes of this Act.

Annotations:

Amendments:



F98


F99

Functions under subss. (2) and (3) transferred andC48

references to “Department of Finance” and “Minister forFinance” construed (29.07.2011) by Finance (Transfer ofDepartmental Administration and Ministerial Functions)Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1part 2, in effect as per art. 1(2).









...Part 2


Numberand Year


(1) (2) (3)

... ... ...

No. 21 of1967



... ... ...

Regulations regarding keeping of records,furnishing of information and inspection of records.

57.—For the purpose of ensuring the effectiveoperation of this Act, the Minister may makeregulations providing for the keeping of records andthe furnishing of information by employers and forthe inspection by authorised officers of the Ministerof records or other documents in the custody orunder the control of employers.

Annotations:

Editorial Notes:

Power pursuant exercised (9.01.1968) by Redundancy(Inspection of Records) Regulations 1968 (S.I. No. 12 of1968).

E80

Regulations providing for offences.

58.—The Minister may by regulations provide foroffences consisting of contraventions of or failure tocomply with a provision of this Act or ofcontraventions of or failure to comply withregulations under this Act and for the recovery onsummary conviction of such offences of fines notexceeding specified amounts not exceedingF100[£50], together with, in the case of continuingoffences, further such fines in respect of each of thedays on which the offences are continued.

Annotations:

Amendments:

Editorial Notes:


F100

Power pursuant exercised (30.12.1991) by Redundancy(Notice of Dismissal) Regulations 1991 (S.I. No. 348 of1991).

E81

Power pursuant exercised (30.12.1991) by RedundancyE82

Certificate Regulations 1991 (S.I. No. 347 of 1991).

Power pursuant exercised (3.09.1984) by RedundancyCertificate Regulations 1984 (S.I. No. 221 of 1984).

E83


E84


E85

Power pursuant exercised (5.04.1979) by RedundancyCertificate Regulations 1979 (S.I. No 112 of 1979).

E86


E87

Power pursuant exercised (6.01.1969) by Redundancy(Collection of Contributions) (Revocation) Regulations1968 (S.I. No. 271 of 1968).

E88


E89

Power pursuant exercised (3.01.1968) by Redundancy(Collection of Contributions) Regulations 1968 (S.I. No. 4of 1968).

E90

Power pursuant exercised (2.01.1968) by RedundancyCertificate Regulations 1968 (S.I. No. 3 of 1968).

E91

Power pursuant exercised (2.01.1968) by Redundancy(Notice of Dismissal) Regulations 1968 (S.I. No. 2 of 1968).

E92

SCHEDULE 1

WEEKLY PAYMENTS FROM THE REDUNDANCY FUND

1. Subject to paragraph 2, the amount of a weeklypayment shall be equivalent to 50 per cent. of theemployee’s normal weekly remuneration.

F101[2. (1) (a) In this subparagraph ‘the totalamount being paid in respect of a week to a person’means—

Section 30.

(i) in the case of a person normallyresident in the State, the total amountbeing paid to him in respect of thefollowing in a period of interruptionof employment commencing on orafter the 21st day of June, 1976—

a weekly payment,

unemployment benefit under theSocial Welfare Acts, 1952 to1976,

unemployment assistance under theUnemployment Assistance Acts,1933 to 1976,

pay‐related benefit under the SocialWelfare (Pay‐Related Benefit) Act,1973 (No. 2 of 1973)

together with the weekly equivalent(as determined by the RevenueCommissioners) of any refund ofincome tax which was paid as a resultof that interruption of employment

(ii) in the case of a person normallyresident in Northern Ireland, the totalamount being paid to him in respectof the following in a period ofinterruption of employmentcommencing on or after the 21st dayof June, 1976—

a weekly payment,

unemployment benefit under theNational Insurance Measures(Northern Ireland) 1966 to 1976,

supplementary benefit under theSupplementary Benefits Acts(Northern Ireland) 1966 to 1969,

together with the weekly equivalent(as determined by the appropriateauthority for income tax in NorthernIreland) of any refund of income taxwhich was paid as a result of thatinterruption of employment.

(b) (i) Subject to subclause (ii) of thissubparagraph, the total amount beingpaid in respect of a week to a personshall not exceed 85 per cent of hisaverage net weekly earnings or £50,whichever is the lesser, but he shallnot receive in respect ofunemployment benefit,unemployment assistance, pay‐related benefit or supplementarybenefit less than that to which hewould, but for this Act, have beenentitled.

(b) (ii) Subclause (i) of this subparagraph shallnot apply to a person, who, for thetime being, is employed on short‐timewhereby he works on a lesser numberof days in a working week than isnormal to the working week in thatemployment and whose basicearnings are reduced as a result.

(2)(a)In this subparagraph the total amount beingpaid in respect of a week to a personmeans—

(i) In the case of a person normallyresident in the State, the total amountbeing paid to him in respect of thefollowing in a period of interruptionof employment commencing on orafter the 21st day of June, 1976,—

a weekly payment,

disability benefit under the SocialWelfare Acts, 1952 to 1976,

maternity allowance under the SocialWelfare Acts, 1952 to 1976,

pay‐related benefit under the SocialWelfare (Pay‐Related Benefit) Act,1973,

(ii) in the case of a person normallyresident in Northern Ireland, the totalamount being paid to him in respectof a week in respect of the followingin a period of interruption ofemployment commencing on or afterthe 21st day of June, 1976,

a weekly payment,

sickness benefit under the NationalInsurance Acts (Northern Ireland)1966 to 1976,

maternity allowance under theNational Insurance Measures(Northern Ireland) 1966 to 1976,

supplementary benefit under theSupplementary Benefits Acts(Northern Ireland) 1966 to 1969.

(b) The total amount being paid to a person inrespect of a week shall not exceed 100per cent of his normal weeklyremuneration or £50, whichever is thelesser, but he shall not receive in respectof disability benefit, sickness benefit,maternity allowance, pay‐related benefitor supplementary benefit less than that towhich he would, but for this Act, havebeen entitled.

(3) For the purpose of subparagraph (1) of this

paragraph, a person’s average net weekly earningsshall be calculated by—

(i) ascertaining his reckonable earnings (withinthe meaning of the Social Welfare Pay‐Related Benefit) Act, 1973) for hisrelevant employment period,

(ii) subtracting from those reckonable earningsthe amount of income tax deducted fromthose reckonable earnings and theemployee’s portion (if any) of the amountof pay‐related contributions payable byhim in respect of those earnings,

(iii) dividing the remainder under clause (ii) bythe number of complete weeks in hisrelevant employment period, and

(iv) deducting from the quotient under clause(iii) the employee’s portion (if any) of theemployment contribution which waspayable by an employee in theemployment in which that person wasemployed in the last week of his relevantemployment period.

(v) In the case of a person whose entry intoinsurance under the Social Welfare Acts,1952 to 1976, occurs after the 6th day ofApril in the relevant employment period,the following shall be substituted forclause (iii) of this subparagraph:

‘(iii) dividing the remainder under clause(ii) by the number of complete weeksfrom his entry into insurance underthe Social Welfare Acts, 1952 to1976, to the termination of hisrelevant employment period, and’

(vi)In the case of a person who was employedoutside the State during his relevantemployment period (other than a person

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who continued to be insured under theSocial Welfare Acts, 1952 to 1976, whileso employed), the following shall besubstituted for clause (iii) of thissubparagraph:

‘(iii) dividing the remainder under clause(ii) by the number of complete weeksduring which he was insurablyemployed under the Social WelfareActs, 1952 to 1976, during hisrelevant employment period, and,’

(vii) In the case of a person who did not receivereckonable earnings (within the meaningof the Social Welfare (Pay‐RelatedBenefit) Act, 1973) on or after the last dayof the first week of his relevantemployment period the following shall besubstituted for clauses (i) and (iii)respectively of this subparagraph,

‘(i) ascertaining his reckonable earnings(within the meaning of the SocialWelfare (Pay‐Related Benefit) Act,1973) in the income tax yearpreceding that in which his relevantemployment period falls,

(iii) dividing the remainder under clause(ii) by 52, and’

(viii) In the case of a person (other than a personreferred to in clause (vi) of thissubparagraph) who provedunemployment or incapacity for work forat least six days since the commencementof his relevant employment period, or inthe case of a person referred to in clause(vii) of this subparagraph, in thepreceding income tax year, the amount ofbenefit or unemployment assistance (orof both benefit and such assistance) paid

to him under the Social Welfare Acts,1952 to 1976, and the UnemploymentAssistance Acts, 1933 to 1976, in respectof such unemployment or incapacity (orin respect of both such unemploymentand such incapacity) shall be added to theamount ascertained under clause (i) ofthis subparagraph, but the amount of anybenefit paid to him in respect ofincapacity for work for any period inrespect of which he also received from hisemployer reckonable earnings (within themeaning of the Social Welfare (Pay‐Related Benefit) Act, 1973) shall not be soadded.

(ix) For the purposes of this subparagraph, aperson’s relevant employment periodshall be that period commencing on the6th day of April of the appropriateincome tax year and ending on the date inthat year in which he becomesunemployed.

(x) For the purposes of subclause (iv) of thissubparagraph, “employmentcontribution” has the meaning assigned toit by the Social Welfare Act, fli="‐5" 1952(No. 11 of 1952), and includes, whereappropriate, a redundancy contributionand also a health contribution within themeaning of section 2 of the HealthContributions Act, 1971 (No. 21) of1971), at the rate specified in section 3 (1)(a) of that Act.

(4) For the purpose of subparagraph (1) of thisparagraph, where an initial payment of a refund ofincome tax paid as a result of a period of interruptionof employment has been made to a person, it shall bepresumed that he will continue to receive the weeklyequivalent of that refund (as determined by theappropriate authority for income tax) until his


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entitlement to such refunds is exhausted or heresumes employment, whichever first occurs.]

3. Subject to paragraph 2, weekly payment shall, inthe case of a person entitled to unemploymentbenefit, disability benefit, maternity allowance orF102[unemployment assistance or pay‐relatedsupplement under the Social Welfare (Pay‐RelatedBenefit) Act, 1973 (No. 2 of 1973),] be paid to thatperson in addition to such benefit.

F103[4. A weekly payment shall not be paid to aperson otherwise entitled thereto for any periodduring which that person is, by virtue of section 15(2) of the Act of 1952, disentitled to disability benefitor unemployment benefit.]

F103[5. (a) A weekly payment shall not be paid toa person in respect of any period unless during thatperiod the person was not gainfully employed and thefact that he was not so employed could notreasonably be attributed to the person’s own failureor refusal to seek or accept or continue in suitablegainful employment.

(b) A person who is entitled to and in receipt ofunemployment benefit or disabilitybenefit under the Social Welfare Acts,1952 to 1970, may be deemed to be notgainfully employed for the purposes ofthis paragraph.]

6. A person entitled to a weekly payment shall,subject to paragraph 7, be paid one weekly paymentin respect of each year of continuous employmentafter he has attained the age of sixteen years (ascalculated in accordance with Schedule 3) with theemployer who dismissed him by reason ofredundancy F104[or by whom he was employedwhen he gave notice of intention to claim undersection 12; provided that he shall, subject toparagraph 5, in every case be entitled to receive notless than four weekly payments].

F103[7. In calculating years of continuousemployment for the purposes of paragraph 6 inrelation to a person whose employment is terminatedafter the commencement of the RedundancyPayments Act, 1971, each period of one year duringthe whole of which the person entitled to the weeklypayment was 41 years of age or older shall bereckoned as two completed years of continuousemployment.]

F105[7A. A person entitled to a weekly paymentwhose employment is terminated after thecommencement of the Redundancy Payments(Weekly Payments and Lump Sum) Order, 1974 shall,in addition to his entitlement under paragraphs 6 and7 be paid one weekly payment in respect of each yearof continuous employment during the whole of whichthat person was 51 years of age or older.]

F106[8. Whenever a person who has received aweekly payment obtains employment or for anyreason ceases to receive weekly payments he shallnot receive any further weekly payments.]

F106[9. Whenever a person entitled to a weeklypayment obtains employment before the expirationof any period mentioned in paragraph 4 (inserted bythe Redundancy Payments Act, 1971) he shall notreceive a weekly payment.]

10. Nothing in this Schedule shall be construed asconferring on an employee a right to more than oneweekly payment in respect of any one week or part ofa week.

11. Normal weekly remuneration shall for thepurposes of this Schedule be calculated in accordancewith paragraphs 13 to 23 of Schedule 3.

12. Where a person’s entitlement to a weeklypayment is applicable to part of a week only, thepayment in respect of that part of a week shall becalculated by reference to one‐sixth of the full weekly


payment for each day, excluding Sunday, in that partof the week.

13. Notwithstanding anything in paragraph 5, 8 or9, a person who is undergoing a course of trainingarranged or approved by An Chomhairle Oiliúna shallnot be disentitled to receive a weekly payment for theperiod of such training on the ground only that he isineligible to receive unemployment benefit orunemployment assistance for that period.

14. A person shall not be entitled to a weeklypayment unless he is normally resident within theState F104[or Northern Ireland].

F104[15. (1) A person who has lost employment byreason of a stoppage of work which was due to atrade dispute at the factory, workshop, farm or otherpremises or place at which he was employed shall notbe entitled to a weekly payment so long as thestoppage of work continues, except, subject toparagraph 5, in a case where he has, during thestoppage of work, become bona fide employedelsewhere in the occupation which he usually followsor has become regularly engaged in some otheroccupation.

(2) Where separate branches of work which arecommonly carried on as separatebusinesses in separate premises or atseparate places are in any case carried onin separate departments on the samepremises or at the same place, each ofthose departments shall, for the purposesof subparagraph (1), be deemed to be aseparate factory, workshop or farm orseparate premises or a separate place, asthe case may be.

(3) Subparagraph (1) shall not apply to a personwho—

(a) is not participating in or financing or

directly interested in the trade disputewhich caused the stoppage of work,and

(b) does not belong to a grade or class ofworkers of which, immediately beforethe commencement of the stoppage,there were members employed at hisplace of employment any of whomare participating in or financing ordirectly interested in the dispute.

(4) In this paragraph ‘trade dispute’ means anydispute between employers andemployees, or between employees andemployees, which is connected with theemployment or non‐employment or theterms of employment or the conditions ofemployment of any persons, whetheremployees in the employment of theemployer with whom the dispute arises ornot.]

Annotations:

Amendments:

Substituted (21.06.1976) by Redundancy Payments(Weekly Payments) Order 1976 (S.I. No. 126 of 1976), art.4.

F101

Substituted (1.04.1984) by Redundancy Payments (WeeklyPayments and Lump Sum) Order 1974 (S.I. No. 82 of1974), art. 5 and table.

F102


F103


F104

Inserted (1.04.1984) by Redundancy Payments (WeeklyPayments and Lump Sum) Order 1974 (S.I. No. 82 of1974), art. 6.

F105


F106

Editorial Notes:

Previous affecting provision: para. 2 substituted(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 19(1) and sch., S.I. No. 230 of 1971, as amended(1.04.1984) by Redundancy Payments (Weekly Paymentsand Lump Sum) Order 1974 (S.I. No. 82 of 1974), art. 4and table.

E93

Previous affecting provision: para. 2 substituted(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 19(1) and sch., S.I. No. 230 of 1971.

E94

Previous affecting provision: words in para. 9 substituted(1.09.1971) by Redundancy Payments Act 1971 (20/1971),s. 19(1) and sch., S.I. No. 230 of 1971.

E95

SCHEDULE 2PART I

DEATH OF EMPLOYER OR OF EMPLOYEE

1. This Part shall have effect in relation to anemployee where his employer (in this Part referred toas the deceased employer) dies.

2. Section 20 shall not apply to any change whereby the ownership of the business, for the purposes ofwhich the employee was employed by the deceasedemployer, passes to a personal representative of thedeceased employer.

3. Where, by virtue of section 21, the death of thedeceased employer is to be treated for the purposesof this Act as a termination by him of the contract ofemployment, the employee shall nevertheless not betreated for those purposes as having been dismissedby the deceased employer if—

(a) his contract of employment is renewed by apersonal representative of the deceasedemployer, or he is re‐engaged under anew contract of employment by such apersonal representative, and

(b) the renewal or re‐engagement takes effect

Section 22.

not later than eight weeks after the deathof the deceased employer.

4. Where, by reason of the death of the deceasedemployer, the employee is treated for the purposes ofthis Act as having been dismissed by him, he shall notbe entitled to a redundancy payment in respect ofthat dismissal if—

(a) a personal representative of the deceasedemployer has made to him an offer inwriting to renew his contract ofemployment or to re‐engage him under anew contract,

(b) in accordance with the particulars specifiedin that offer the renewal or re‐engagement would take effect not laterthan eight weeks after the death of thedeceased employer,

(c) either—

(i) the provisions of the contract asrenewed, or of the new contract, asto the capacity and place in which hewould be employed and as to theother terms and conditions of hisemployment would not differ fromthe corresponding provisions of thecontract in force immediately beforethe death, or

(ii) if, notwithstanding that in accordancewith the particulars specified in thatoffer the provisions mentioned insubparagraph (i) would differ (whollyor in part) from the correspondingprovisions of the contract in forceimmediately before the death, theoffer constitutes an offer of suitableemployment in relation to theemployee,

and

(d) the employee has unreasonably refused thatoffer.

5. For the purposes of paragraph 4—

(a) an offer shall not be treated as one wherebythe provisions of the contract as renewed,or of the new contract, would differ fromthe corresponding provisions of thecontract in force immediately before thedeath of the deceased employer byreason only that the personalrepresentative would be substituted asthe employer for the deceased employer,and

(b) account shall not be taken of thatsubstitution in determining whether therefusal of the offer was unreasonable.

6. Where by virtue of section 21 the death of thedeceased employer is to be treated as a terminationby him of the contract of employment, any referencein section 21 (2) to section 9 (2) shall be construed asincluding a reference to paragraph 3 of this Schedule.

7. Where the employee has before the death of thedeceased employer been laid off or kept on short‐time for one or more than one week, but has notgiven to the deceased employer notice of intention toclaim, then if after the death of the deceasedemployer—

(a) his contract of employment is renewed, orhe is re‐engaged under a new contract, asmentioned in paragraph 3 (a) or 3 (b) ofthis Schedule, and

(b) after the renewal or re‐engagement, he islaid off or kept on short‐time for one ormore weeks by the personalrepresentative of the deceased employer,

sections 12 and 13 shall apply as if the week in whichthe deceased employer died and the first week of theemployee’s employment by the personalrepresentative were consecutive weeks, and anyreference in those sections to four weeks or thirteenweeks shall be construed accordingly.

8. Paragraph 9 or (as the case may be) paragraph10 shall have effect where the employee has given tothe deceased employer notice of intention to claim,and—

(a) the deceased employer has died before theend of the next four weeks after theservice of that notice, and

(b) the employee has not terminated thecontract of employment by noticeexpiring before the death of the deceasedemployer.

9. If in the circumstances specified in paragraph 8the employee’s contract of employment is notrenewed by a personal representative of thedeceased employer before the end of the next fourweeks after the service of the notice of intention toclaim, and he is not re‐engaged under a new contractby such a personal representative before the end ofthose four weeks, sections 12 (1) and 12 (2) andsection 13 (4) shall apply as if—

(a) the deceased employer had not died, and

(b) the employee had terminated the contract ofemployment by a week’s notice (or, ifunder the contract he is required to givemore than a week’s notice to terminatethe contract, he had terminated it by theminimum notice which he is so requiredto give) expiring at the end of those fourweeks,

but sections 13 (1) to 13 (3) shall not apply.

10. (1) This paragraph shall have effect where, inthe circumstances specified in paragraph 8, theemployee’s contract of employment is renewed by apersonal representative of the deceased employerbefore the end of the next four weeks after theservice of the notice of intention to claim, or he is re‐engaged under a new contract by such a personalrepresentative before the end of those four weeks,and—

(a) he was laid off or kept on short‐time by thedeceased employer for one or more ofthose weeks, and

(b) he is laid off or kept on short‐time by thepersonal representative for the week, orfor the next two or more weeks, followingthe renewal or re‐engagement.

(2) Where the conditions specified in subparagraph(1) are fulfilled, sections 12 and 13 shall apply as if allthe weeks for which the employee was laid off orkept on short‐time as mentioned in the saidsubparagraph (1) were consecutive weeks duringwhich he was employed (but laid off or kept on short‐time) by the same employer.

11. In paragraphs 7 to 10 “week” and “notice ofintention to claim” have the meanings respectivelyassigned to them by sections 2 and 12.

12. Where by virtue of paragraph 3 the employeeis treated as not having been dismissed by reason of arenewal or re‐engagement taking effect after thedeath of the deceased employer, then, indetermining, for the purposes of section 7, whetherhe has been continuously employed for the requisiteperiod, the interval between the death and the dateon which the renewal or re‐engagement takes effectshall count as a period of employment with thepersonal representative of the deceased employer, if,apart from this paragraph, it would not count for thatpurpose as such a period of employment.

13. For the purposes of the application, inaccordance with section 4 (3), of any provisions ofthis Act to an employee who was employed in aprivate household, any reference to a personalrepresentative in this Part shall be construed asincluding a reference to any person to whom,otherwise than in pursuance of a sale or otherdisposition for valuable consideration, themanagement of the household has passed inconsequence of the death of the deceased employer.

14. Subject to the preceding provisions of this Part,in relation to an employer who has died—

(a) any reference in this Act to the doing ofanything by, or in relation to, anemployer shall be construed as including areference to the doing of that thing by, orin relation to, any personal representativeof the deceased employer, and

(b) any reference in this Act to a thing requiredor authorised to be done by, or in relationto, an employer shall be construed asincluding a reference to anything which,in accordance with any provision of thisAct as modified by this Part (includingsubparagraph (a)), is required orauthorised to be done by, or in relationto, any personal representative of his.

15. Where by virtue of any provision of this Act, asmodified by this Part, a personal representative of thedeceased employer is liable to pay a redundancypayment, or part of a redundancy payment, and thatliability had not accrued before the death of thedeceased employer, it shall be treated for all purposesas if it were a liability of the deceased employer whichhad accrued immediately before his death.

PART II

16. Where an employer has given notice to an

employee to terminate his contract of employmentand before that notice expires the employee dies, PartII of this Act shall apply as if the contract had beenduly terminated by the employer by notice expiringon the date of the employee’s death.

17. Where an employer F107[before thetermination of an employee’s contract ofemployment] has offered to renew his contract ofemployment, or to re‐engage him under a newcontract, then if—

(a) the employee dies without having eitheraccepted or refused the offer, and

(b) the offer has not been withdrawn before hisdeath,

section 15 (1) or 15 (2) (as the case may be) shallapply as if for “the employee has unreasonablyrefused” there were substituted “it would have beenunreasonable on the part of the employee to refuse”.

18. (1) Where, in the circumstances specified insections 10 (1) (a) and 10 (1) (b), the employee diesbefore the notice given by him under section 10 (1)(b) is due to expire and before the employer has givenhim notice under section 10 (3), section 10 (3) andsection 10 (4) shall apply as if the employer had givenhim such notice and he had complied with it.

(2) Where, in the circumstances specified insections 10 (1) (a) and 10 (1) (b), the employee diesbefore his notice given under section 10 (1) (b) is dueto expire but after the employer has given him noticeunder section 10 (3), sections 10 (3) and 10 (4) shallapply as if the circumstances were that the employeehad not died and had complied with the last‐mentioned notice.

19. (1) F108[…]

(2) Where an employee, who has given notice ofintention to claim, dies within seven days after the

service of that notice, and before the employer hasgiven a counter‐notice, the provisions of sections 12and 13 shall apply as if the employer had given acounter‐notice within those seven days.

(3) In this paragraph “notice of intention to claim”and “counter‐notice” have the meanings respectivelyassigned to them by sections 12 and 13.

20. F108[…]

21. Subject to the preceding provisions of this Part,in relation to an employee who has died—

(a) any reference in this Act to the doing ofanything by, or in relation to, anemployee shall be construed as includinga reference to the doing of that thing by,or in relation to, any personalrepresentative of the deceased employee,and

(b) any reference in this Act to a thing requiredor authorised to be done by, or in relationto, an employee shall be construed asincluding a reference to anything which,in accordance with any provision of thisAct as modified by this Part (includingsubparagraph (a)), is required orauthorised to be done by, or in relationto, any personal representative of his.

22. Any right to a redundancy payment which hadnot accrued before the employee’s death shalldevolve on his personal representative.

23. In relation to any case where, under anyprovision contained in Part II of this Act as modifiedby the preceding provisions of this Part, the Tribunalhas power to determine that an employer shall beliable to pay to a personal representative of adeceased employee either—

(a) the whole of a redundancy payment to

Annotations:

Amendments:

which he would have been entitled apartfrom another provision thereinmentioned, or

(b) such part of such a redundancy payment asthe Tribunal thinks fit,

any reference in paragraph 22 to a right to aredundancy payment shall be construed as includinga reference to any right to receive the whole or partof a redundancy payment if the Tribunal determinesthat the employer shall be liable to pay it.


F107


F108

SCHEDULE 3

AMOUNT OF LUMP SUM

F109[1. (1) The amount of the lump sum shall beequivalent to the aggregate of the following:

(a) the product of two weeks of the employee’snormal weekly remuneration and thenumber of years of continuousemployment from the date on which theemployee attained the age of 16 yearswith the employer by whom theemployee was employed on the date ofdismissal or by whom the employee wasemployed when the employee gavenotice of intention to claim under section12, and

(b) a sum equivalent to the employee’s normal

Section 19.

weekly remuneration.

(2) In calculating the amount of the lump sum, theamount per annum to be taken into account shall bethat obtaining under section 4(2) of the RedundancyPayments Act 1979 at the time the employee isdeclared redundant.]

F109[2. If the total amount of reckonable service isnot an exact number of years, the “excess” days shallbe credited as a proportion of a year.]

F109[3. (a) For the purpose of ascertaining, for thepurposes of paragraph 1, the number ofyears of continuous employment, thenumber of weeks in the period ofcontinuous employment shall beascertained in accordance with thisSchedule and the result shall be dividedby 52.

(b) In ascertaining the number of weeks in theperiod of continuous employment, aweek which under this Schedule is notallowable as reckonable service shall bedisregarded.]

CONTINUOUS EMPLOYMENT

4. For the purposes of this Schedule employmentshall be taken to be continuous unless terminated bydismissal or by the employee’s voluntarily leaving theemployment F110[, but for the purposes of thisparagraph ‘dismissal’ does not include a dismissalwithin the meaning of the Unfair Dismissals Act, 1977,and in respect of which redress has been awardedunder section 7 (1) (a) or 7 (1) (b) of that Act].

F111[4A. Notwithstanding anything in paragraph 4(and anything in clause (b) of the definition of “dateof dismissal” in section 2), the period of notice due toan employee under section 4 (2) (a) of the MinimumNotice and Terms of Employment Act, 1973, but notgiven by the employer, shall, where the Tribunal so





orders, be allowed as continuous service forredundancy purposes where, but for the failure ofthe employer to comply with the provisions of thatAct, the employee would have qualified forredundancy payment.]

F112[5. Where an employee’s period of service hasbeen interrupted by any one of the following—

(a) any period by reason of—

(i) sickness,

(ii) lay‐off,

(iii) holidays,

(iv) service by the employee in theReserve Defence Forces of the State,

(v) any cause (other than the voluntaryleaving of the employment concernedby the employee) not mentioned inclauses (i) to (iv) but authorised by theemployer,

F113[(b) a period during which, in accordancewith the Adoptive Leave Acts 1995 and2005, an adopting parent was absentfrom work while on adoptive leave oradditional adoptive leave or whileattending certain pre‐adoption classes ormeetings,]

F114[(c) a period during which an employeewas absent from work—

(i) while on protective leave or natal careabsence, within the meaning of PartIV of the Maternity Protection Act1994 or to attend ante‐natal classes inaccordance with section 15A (insertedby section 8 of the MaternityProtection (Amendment) Act 2004),

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or for breastfeeding in accordancewith section 15B (inserted by section9 of the Maternity Protection(Amendment) Act 2004), of the first‐mentioned Act,

(ii) while on parental leave or forcemajeure leave, or

(iii) while on carer’s leave under theCarer’s Leave Act 2001,]

(d) any period during which an employee wasabsent from work because of a lock‐outby the employer or because the employeewas participating in a strike, whether suchabsence occurred before or after thecommencement of this Act,

continuity of employment shall not be broken by suchinterruption whether or not notice of termination ofthe contract of employment has been given.]

F115[(5A) If an employee is dismissed by reason ofredundancy before attaining the period of 104 weeksreferred to in section 7 (5) (as amended) of thePrincipal Act and resumes employment with the sameemployer within 26 weeks, his employment shall betaken to be continuous.]

F116[6. Where a trade or business or anundertaking (whether or not it be an undertakingestablished by or under an Act of the Oireachtas), orpart of a trade or business or of such an undertaking,was or is transferred from one person to another, theperiod of employment of an employee in the trade,business or undertaking (or in the part of the trade,business or undertaking) at the time of the transfershall count as a period of employment with thetransferee, and the transfer shall not break thecontinuity of the period of employment.]

RECKONABLE SERVICE


7. For the purposes of this Schedule, a week fallingwithin a period of continuous employment andduring which (or during any part of which) theemployee concerned either was actually at work, orwas absent therefrom by reason of sickness, F117[adismissal within the meaning of the Unfair DismissalsAct, 1977, and in respect of which redress has beenawarded under section 7 (1) (a) or 7 (1) (b) of thatAct,] holidays or any other arrangement with hisemployer shall, subject to paragraph 8, be allowableas reckonable service.

F118[8. During, and only during, the 3 year periodending with the date of termination of employment,none of the following absences shall be allowable asreckonable service—

(a) absence in excess of 52 consecutive weeks byreason of an occupational accident ordisease within the meaning of the SocialWelfare (Consolidation) Act 1993,

(b) absence in excess of 26 consecutive weeks byreason of any illness not referred to insubparagraph (a),

(c) absence by reason of lay‐off by theemployer.

8A. The following absences shall be allowable asreckonable service:

F119[(a) a period during which, in accordancewith the Adoptive Leave Acts 1995 and2005, an adopting parent was absentfrom work while on adoptive leave oradditional adoptive leave or whileattending certain pre‐adoption classes ormeetings,]

F120[(b) a period during which an employeewas absent from work—]

(i) while on protective leave or natal care



absence, within the meaning of Part IV ofthe Maternity Protection Act 1994 or toattend ante‐natal classes in accordancewith section 15A (inserted by section 8 ofthe Maternity Protection (Amendment)Act 2004), or for breastfeeding inaccordance with section 15B (inserted bysection 9 of the Maternity Protection(Amendment) Act 2004), of the first‐mentioned Act,

(ii) while on parental leave or force majeureleave, or

(iii) while on carer’s leave under the Carer’sLeave Act 2001,

(c) any absences not mentioned in paragraphs(a) or (b) but authorised by theemployer.]

9. Absence from work by reason of a strike in thebusiness or industry in which the employeeconcerned is employed and which occurred beforethe commencement of this Act shall be allowable asreckonable service.

F121[10. During, and only during, the 3 yearperiod ending with the date of termination ofemployment, absence from work by reason of astrike in the business or industry in which theemployee concerned is employed shall not beallowable as reckonable service.]

11. Absence from work by reason of a lock‐outshall be allowable as reckonable service.

12. Absence from work by reason of a strike orlock‐out in a business or industry other than that inwhich the employee concerned is employed shall beallowable as reckonable service if it occurred beforethe commencement of this Act.

NORMAL WEEKLY REMUNERATION



13. For the purposes of this Schedule, in the case ofan employee who is paid wholly by an hourly timerate or by a fixed wage or salary, and in the case ofany other employee whose remuneration does notvary in relation to the amount of work done by him,his normal weekly remuneration shall be taken to behis earnings (including any regular bonus orallowance which does not vary in relation to theamount of work done F122[and any payment inkind]) for his normal weekly working hours as at thedate on which he was declared redundant, togetherwith, in the case of F123[an employee who isnormally expected to work overtime], his averageweekly overtime earnings as determined inaccordance with paragraph 14.

14. For the purpose of paragraph 13 the averageweekly overtime earnings shall be determined byascertaining the total amount of overtime earnings ofthe employee concerned in the period of 26 weekswhich ended 13 weeks before the date on which theemployee was declared redundant and dividing thatamount by 26.

15. For the purpose of paragraph 14 any weekduring which the employee concerned did not workshall be disregarded and the most recent week beforethe 26‐week period mentioned in paragraph 14 shallbe taken into account instead of the week duringwhich the employee did not work.

16. (i) In the case of an employee who is paidwholly or partly by piece rates, bonusesor commissions (being piecerates,bonuses or commissions related directlyto his output) and in the case of any otheremployee whose remuneration varies inrelation to the amount of work done byhim, his normal weekly remunerationshall be taken to be the amount ascalculated in accordance withsubparagraph (ii).

(ii) For the purposes of subparagraph (i)normal weekly remuneration shall becalculated by dividing the remunerationto be taken into account in accordancewith subparagraph (iii) by the number ofhours ascertained in accordance withsubparagraph (vi) and multiplying theresulting hourly rate by the normalweekly working hours of the employeeconcerned at the date on which he wasdeclared redundant.

(iii) The remuneration to be taken into accountfor the purposes of subparagraph (ii) shallbe the total remuneration paid to theemployee concerned for all the hoursworked in the period of 26 weeks whichended 13 weeks before the date on whichthe employee was declared redundant,adjusted in respect of any variations inthe rates of pay which became operativeduring the period of 13 weeks ending onthe date on which the employee wasdeclared redundant.

(iv) For the purposes of subparagraph (iii),weeks worked with different employersmay be taken into account if the changeof employer did not affect the employee’scontinuous employment as provided byparagraphs 4 to 6.

(v) For the purposes of subparagraph (iii), anyweek during which the employee did notwork shall be disregarded and the mostrecent week before the 26‐week periodmentioned in subparagraph (iii) shall betaken into account instead of the weekduring which the employee did not work.

(vi) The number of hours to be taken intoaccount for the purposes ofsubparagraph (ii) shall be the total

number of hours worked in the period of26 weeks mentioned in subparagraph (iii).

17. Where an employee receives additionalremuneration for working more than a fixed numberof hours, that fixed number of hours shall, for thepurposes of paragraphs 13 and 16 (ii), be taken to behis normal weekly working hours, unless by hiscontract of employment he is required to work formore than that fixed number of hours, and in the lastmentioned case the higher number of hours requiredby the contract shall be taken to be his normal weeklyworking hours.

18. Where in a particular week an employeequalifies for a payment of a bonus, pay allowance orcommission which relates to more than the workdone in that week, the appropriate portion of thepayment may be taken into account underparagraphs 13 and 16 (iii).

19. An employee who is normally employed on ashift cycle and whose remuneration varies in relationto the particular shift he works, and an employeewhose remuneration for his normal number ofworking hours varies in relation to the day of theweek or the times of the day or night over whichthose hours are spread, shall be taken to be each anemployee who is paid wholly or partly by piece‐rates.

20. For the purposes of this Schedule, in the case ofan employee who has no normal working hours, hisnormal weekly remuneration shall be taken to be theaverage weekly remuneration, including any bonus,pay allowance or commission, received by theemployee concerned over the period of 52 weeksduring which he was actually working immediatelyprior to the date on which he was declaredredundant.

21. The date on which an employee is declaredredundant shall for the purposes of this Schedule betaken to be the date on which a notice of proposed

dismissal was given to the employee in accordancewith section 17 or, where a redundancy payment isclaimed in accordance with section 12, the first day ofthe series of weeks of lay‐off or short‐time referred toin section 7 (3).

22. Where under this Schedule account is to betaken of remuneration or other payments for aperiod which does not coincide with the periods forwhich the remuneration or other payments arecalculated, part of the remuneration or otherpayments shall be duly apportioned in such manneras may be just.

23. For the purposes of paragraphs 13 and 16,account shall not be taken of any sums paid to anemployee by way of recoupment of expensesnecessarily incurred by him in the proper discharge ofthe duties of his employment.

MISCELLANEOUS

24. In this Schedule—

F124[…]

“strike” and “lock‐out” have the meaningsrespectively assigned to them by section 6.

Annotations:

Amendments:


F109


F110


F111

Substituted (10.04.2005) by Redundancy Payments Act2003 (14/2003), s. 12(a), S.I. No. 77 of 2005.

F112

Inserted by Adoptive Leave Act 1995 (2/1995), s. 28, asF113


substituted (28.11.2005) by Adoptive Leave Act 2005(25/2005), s. 20, S.I. No. 724 of 2005.

Substituted (10.04. 2005) by Maternity Protection(Amendment) Act 2004 (28/2004), s. 24(a), S.I. No. 131 of2005.

F114


F115


F116


F117


F118

Substituted by Adoptive Leave Act 1995 (2/1995), s. 28, assubstituted (28.11.2005) by Adoptive Leave Act 2005(25/2005), s. 20(b), S.I. No. 724 of 2005.

F119

Substituted (10.04.2005) by Maternity Protection(Amendment) Act 2004 (28/2004), s. 24(b), S.I. No. 131 of2005.

F120

Substituted (10.04.2005) by Redundancy Payments Act2003 (14/2003), s. 12(c), S.I. No. 77 of 2005.

F121


F122


F123


F124

Application of schedule (in part) extended with necessarymodifications by Irish Shipping Limited (Payments toFormer Employees) Act 1994 (10/1994) s. 2(4), notcommenced as of date of revision.

Payment of lump sum to former employees ofcompany

2.—(1) Subject to the subsequent provisions of this Act,the Minister shall, on application to the Minister in thatbehalf by a former employee or, if the former employeehas died whether before or after the passing of this Act,by his or her personal representative, pay to the former

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employee or the personal representative, as the case maybe, out of moneys provided by the Oireachtas, a sum(referred to in this Act as “a lump sum”) calculated inaccordance with the provisions of subsection (2) of thissection.

...

(4) Schedule 3 (other than paragraphs 1 and 2 thereof)of the Act of 1967 shall apply, with any necessarymodifications, in relation to a lump sum as it applies inrelation to a lump sum (within the meaning of that Act).

Application of Sch. 3 para. 1 not restricted by Pensions Act1990 (25/1990), s. 75, as substituted (5.04.2004) by SocialWelfare (Miscellaneous Provisions) Act 2004 (9/2004), s.22, S.I. No. 141 of 2004.

Compliance with statutory requirements, etc.75. — ...

(4) Nothing in this Part renders unlawful any act donein compliance with paragraph 1 of Schedule 3 to theRedundancy Payments Act 1967 and, accordingly, anysuch act does not constitute a breach of the principle ofequal pension treatment on the age ground.

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Application of para.1 not restricted (18.10.1999) byEmployment Equality Act 1998 (21/1998) s. 17(4), S.I. No.320 of 1999.

Compliance with statutory requirements etc.17. — ...

(4) In relation to discrimination on the age ground,nothing in this Act shall render unlawful any act done incompliance with paragraph 1 of Schedule 3 to theRedundancy Payments Act, 1967 .

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Power to amend by order vested in Minister (6.04.1979)by Redundancy Payments Act 1979 (7/1979), s. 4(2), S.I.No. 95 of 1979.

Provisions relating to lump sum under Principal Act,and consequential provisions.

4. — ...

(2) The Minister may by regulations made with theconsent of the Minister for Finance—

(a) vary the amount of £5,000 referred to inparagraph 2 of Schedule 3 of the Principal Act(inserted by this section), and

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Editorial Notes:

(b) alter the method of calculation of a lump sumunder the Principal Act.

Previous affecting provision: power to alter method ofcalculation of a lump sum vested in Minister (6.04.1979)by Redundancy Payments Act 1979 (7/1979), s. 4(2)(b),S.I. No. 95 of 1979 in relation to Redundancy PaymentsAct 1967 (21/1967), s. 19 and sch. 3, para. 2; para. 2subsequently substituted as per F‐note above.

E96

Previous affecting provision: para. 5(c) substituted(10.04.2005) by Redundancy Payments Act 2003(14/2003), s. 12(a), S.I. No. 77 of 2005; subsequentlysubstituted as per F‐note above.

E97

Previous affecting provision: para. 5(e) inserted(20.03.1995) by Adoptive Leave Act 1995 (2/1995), s. 28,S.I. No. 64 of 1995; s. 28 (the amending provision) wassubsequently substituted (28.11.2005) by Adoptive LeaveAct 2005 (25/2005), s. 20, S.I. No. 724 of 2005 andappears to have replaced the substance of the provisionin (e) with the new subpara. (b).

E98

Previous affecting provisions: para. 5(d) inserted(6.04.1979) by Redundancy Payments Act 1979 (7/1979),s. 17 and sch., S.I. No. 95 of 1979 and first substituted(6.04.1981) by Maternity Protection of Employees Act1981 (2/1981), s. 28, commenced as per s. 1; substitutedfor the second time (30.01.1995) by Maternity ProtectionAct 1994 (34/1994), s. 39, S.I. No. 16 of 1995; substitutedfor the third time (3.12.1998) by Parental Leave Act 1998(30/1998), s. 25(1), commenced as per s. 1; substitutedfor the fourth time (2.07.2001) by Carer’s Leave Act 2001(19/2001), s. 26, commenced on enactment; andsubstituted for the fifth time as per F‐note above.

E99

Previous affecting provision: para. 2A inserted (1.04.1974)by Redundancy Payments (Weekly Payments and LumpSum) Order 1974 (S.I. No. 82 of 1974), art. 7; subsequentlysubstituted (21.06.1976) by Redundancy Payments(Weekly Payments) Order 1976 (S.I. No. 126 of 1976), art.5 (and renamed para. 2); subsequently substituted as perF‐note above.

E100

Previous affecting provision: para. 1 amended (1.09.1971)by Redundancy Payments Act 1971 (20/1971), s. 19(1) andsch., S.I. No. 230 of 1971; subsequently amended fortransitional period (25.05.2003) by Redundancy PaymentsAct 2003 (14/2003), s. 10, S.I. No. 194 of 2003; ceased tohave effect (10.04.2005) on the commencement of

E101

Redundancy Payments Act 2003 (14/2003), s. 11, S.I. No.77 of 2005 which substituted para. 1 as per F‐note above.

Previous affection provisions: para. 2 deleted (1.09.1971)by Redundancy Payments Act 1971 (20/1971), s. 19(1) andsch., S.I. No. 230 of 1971; re‐inserted (6.04.1979) byRedundancy Payments Act 1979 (7/1979), s. 4(1), S.I. No.95 of 1979; amended (1.06.1981) by RedundancyPayments (Lump Sum) Regulations 1981 (S.I. No. 191 of1981), reg. 2; amended (1.05.1982) by RedundancyPayments (Lump Sum) Regulations 1982 (S.I. No. 104 of1982), reg. 3; amended (1.05.1983) by RedundancyPayments (Lump Sum) Regulations 1983 (S.I. No. 108 of1983), reg. 3; amended (1.02.1990) by RedundancyPayments (Lump Sum) Regulations 1990 (S.I. No. 18 of1990), reg. 3; amended (1.05.1994) by RedundancyPayments (Lump Sum) Regulations 1994 (S.I. No. 64 of1994), reg. 3; amended (1.04.2001) by RedundancyPayments (Lump Sum) Regulations 2001 (S.I. No. 41 of2001), reg. 2; amended (1.01.2005) by RedundancyPayments (Lump Sum) Regulations 2004 (S.I. No. 695 of2004), reg. 2; substituted as per F‐note above.

E102

Previous affecting provisions: para. 5 amended and para.5(1)(ai) inserted (1.09.1971) by Redundancy Payments Act1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971;subsequently substituted as per F‐note above.

E103

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