Phil Hogan (Carlow-Kilkenny, Fine Gael)

I move amendment No. 10:

In page 7, before section 4 but in Part 2, to insert the following new section:

"4.—(1) For the purpose of this Act, "collective redundancies" means dismissals which are effected for a reason specified in subsection (2) (other than a reason related to the individual employees dismissed) where in any period of 30 consecutive days the number of such dismissals is—

(a) at least 5 in an establishment normally employing more than 20 and fewer than 50 employees,

(b) at least 10 in an establishment normally employing at least 50 but fewer than 100 employees,

(c) at least 10 per cent of the number of employees in an establishment normally employing at least 100 but fewer than 300 employees, and

(d) at least 30 in an establishment normally employing 300 or more employees.

(2) The reasons referred to in subsection (1) are—

(a) that the employer concerned has ceased, or intends to cease, to carry on the business for the purposes of which the employees concerned were employed by him, or has ceased or intends to cease, to carry on that business in the place where those employees were so employed,

(b) that the requirements of the business for employees to carry out work of a particular kind in the place where the employees concerned were so employed have ceased or diminished or are expected to cease or diminish,

(c) that the employer concerned has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employees concerned had been employed (or had been doing before their dismissal) to be done by other employees or otherwise,

(d) that the employer concerned has decided that the work for which the employees concerned had been employed (or had been doing before their dismissal) should henceforward be done in a different manner far which those employees are not sufficiently qualified or trained,

(e) that the employer concerned has decided that the work for which the employees concerned had been employed (or had been doing before their dismissal) should henceforward be done by persons who are also capable of doing other work for which those employees are not sufficiently qualified or trained.

(3) (a) In this section "establishment" means—

(i) where an employer carries on business at a particular location, that location, or

(ii) where an employer carries on business at more than one location, each such location.

(b) For the purposes of the definition in paragraph (a) of this subsection, each workplace, factory, mine, quarry, dockyard, wharf, quay, warehouse, building site, engineering construction site, electricity station, gas works, water works, sewage disposal works, office, wholesale or retail shop, hotel, restaurant, café, farm, garden or forest plantation shall be taken to be a separate location.

(c) In ascertaining for the purposes of this section the total number of employees employed in an establishment, account shall be taken of those employees who are based at the establishment but who also perform some of their duties elsewhere.

(d) The Minister may, for the purpose of extending the provisions of this section by order amend paragraph (a), (b) or (c) of this subsection and may by order amend or revoke such an order.

(4) For the purposes of this section, "business" includes a trade, industry, profession or undertaking, or any activity carried on by a person or body of persons, whether corporate or unincorporate, or by a public or local authority or a Department of State, and the performance of its functions by a public or local authority or a Department of State.".

The amendment would transpose the definition of "collective redundancies" into the Bill, which contains many technicalities that require careful and comprehensive study, given the number of Acts and statutory instruments that comprise labour law. We should aim to consolidate all this legislation and the amendment seeks to do this. Rather than forcing somebody to seek out the definition of "collective redundancies", I propose that it be included seriatim in the legislation. This would replace the current section 4.

See this speech in context