Redundancy and Genuine Redundancy Situation
- Redundancy Payments
- Jun 23
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1. Introduction The threshold question in any redundancy complaint is whether a genuine redundancy situation existed within the meaning of Section 7(2) of the Redundancy Payments Act 1967. Where no such situation existed, the dismissal cannot be saved by Section 6(4)(c) of the Unfair Dismissals Acts 1977 to 2015 and is liable to be found
Read MoreSick Leave and Medical Certification
- Work Life Balance
- Jun 23
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1. Introduction Section 8(1)(b) of the Sick Leave Act 2022 provides that, to qualify for statutory sick leave payment, the employee must be certified by a registered medical practitioner as being unable to work due to illness or injury. The medical certification requirement is a substantive condition of entitlement. This article addresses the medical certification
Read MoreRedundancy and Calculation
- Redundancy Payments
- Jun 23
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1. Introduction The calculation of the statutory redundancy payment is, in principle, a mechanical exercise: two weeks’ pay per year of service, plus a bonus week, subject to the weekly pay cap. In practice, the calculation gives rise to recurring issues of detail that can produce material differences in the final figure. This article addresses
Read MoreProtected Disclosures and the Whistleblowing Directive
- Work Life Balance
- Jun 23
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1. Introduction Directive 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblowing Directive) sets out a minimum harmonised regime for the protection of whistleblowers across the EU. Article 21 of the Directive sets out the substantive protections to which reporting persons are entitled. This article addresses the Article 21 protections,
Read MoreCollective Redundancy and the Protection of Employments Acts
- Redundancy Payments
- Jun 23
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1. Introduction The Protection of Employment Acts 1977 to 2014 establish a particular framework for collective redundancies, supplementing the individual protections under the Redundancy Payments Acts and the Unfair Dismissals Acts. The framework imposes obligations on employers in respect of consultation, notification, and the timing of dismissals where the proposed redundancies meet the collective threshold.
Read MoreProtected Disclosures and Relevant Wrongdoings
- Work Life Balance
- Jun 23
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1. Introduction Section 5(3) of the Protected Disclosures Act 2014 sets out the categories of wrongdoing that may be the subject of a protected disclosure. Identifying the relevant wrongdoing is the gateway question in any protected disclosure complaint. A disclosure that does not fall within Section 5(3) is not protected; a disclosure that does fall
Read MoreProtected Disclosures and Regulated Sectors
- Work Life Balance
- Jun 23
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1. Introduction The Labour Court decision in Financial Services Union v Hanna PDD201 is a useful illustration of the application of the protected disclosure regime in the financial services sector. The case addresses the relationship between regulatory disclosures and protected disclosures and the scope of the Section 12 protections in a regulated environment. This article
Read MoreProtected Disclosures and Detriment
- Work Life Balance
- Jun 23
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1. Introduction The case of A Massage Therapist v A Massage Therapy Business (ADJ-00043225) is a useful illustration of the operation of the detriment provisions under Section 12 of the Protected Disclosures Act 2014. The case addresses the relationship between the disclosure and the detriment and the application of the burden of proof. This article
Read MoreCollective Redundancy and Information and Consultation
- Redundancy Payments
- Jun 23
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1. Introduction The information and consultation obligation under Section 9 of the Protection of Employment Act 1977 is the substantive heart of the collective redundancy framework. The provision requires the employer to consult with employees’ representatives in good faith over a defined period in respect of specified matters. This article addresses the scope of the
Read MoreProtected Disclosures and Compensation
- Work Life Balance
- Jun 23
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1. Introduction Schedule 2 to the Protected Disclosures Act 2014, as amended by the 2022 Act, sets out the forms of penalisation prohibited by Section 12. The Schedule is comprehensive and includes both formal and informal forms of detriment. This article addresses the operation of the Schedule and the compensation available for breach. The article
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