Employment law set to change

New legislation is planned which will make it compulsory for employers to consult staff in advance of a decision to make workers…

New legislation is planned which will make it compulsory for employers to consult staff in advance of a decision to make workers redundant.

The Department of Enterprise, Trade and Employment has informed the European Commission that draft legislation is being prepared to give effect to a European Court of Justice (ECJ) verdict on the issue. The Department wrote to the commission last month after receiving a reminder to submit information initially sought last February.

The legal change arises from an ECJ case known as "Junk v Kuhnel", which gives workers increased rights in cases of redundancies.

Among its key findings was one that employers must conclude a consultation process with workers in advance of any decision on collective redundancies.

READ MORE

It also placed an obligation on employers to notify the relevant authority, which in Ireland's case is the Department of Enterprise, Trade and Employment, prior to a decision to terminate contracts of employment.

The common practice in Ireland is for companies to consult trade unions or other employee representatives after redundancies have been announced.

Chris Dooley

Chris Dooley

Chris Dooley is Foreign Editor of The Irish Times