Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

What we need is for the Supreme Court to hear this case quickly because there is little point in us bringing in legislation that is equally unfirm and could be struck down. We will be seeking an early hearing by the Supreme Court so that this issue can be clarified. In the meantime, the terms and conditions of those on existing contracts cannot be reduced unilaterally. There is an issue, which the Deputy has identified, where people are changing employer or starting a new contract. They will still be covered by the existing minimum wage legislation and minimum terms and conditions but not by the SEO. That is a real problem. For Government contracts, we are saying the SEO terms and conditions should still apply. That is a matter of contract law but I cannot guarantee that everyone in the private sector will take the same view. Some of the unions have indicated that they would look very dimly on any employer trying to diminish terms and conditions while the issue is under appeal and may take industrial action. Any employers thinking of taking advantage of this High Court decision, while it is on appeal, should think about the fact that they may bring industrial action on themselves.

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