Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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94. To ask the Minister for Employment Affairs and Social Protection the changes she plans to make to employment legislation to enhance the rights of workers facing mass redundancies in view of the closure of a company (details supplied); and if she will make a statement on the matter. [15810/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Firstly, I would like to say that my thoughts are with all Debenhams workers who are dealing with job losses at this difficult time.  I want to assure everybody that my Department is assisting the affected workers through its Intreo service to help them in whatever way we can in terms of income supports and job-seeking over the coming weeks and months.  Indeed over the past number of weeks officials from my Department have engaged with officials from Mandate and with the Human Resource management team in Debenhams to ensure that all workers receive their due entitlements from my Department.  Furthermore, the redundancy and insolvency section of my Department has already engaged with the liquidators appointed to Debenhams and is continuing to work with them to ensure that all claims in respect of employees are dealt with expeditiously.

There are considerable provisions in employment legislation already to protects the rights of workers.  The Protection of Employment Act 1977 imposes a number of obligations on employers who are proposing collective redundancies, including an obligation under sections 9 and 10 to engage in an information and consultation process with employees’ representatives and to provide certain information relating to the proposed redundancies.  Section 11A of the Act provides that, where an employee believes the employer to be in breach of sections 9 or 10, they may pursue a complaint to the Workplace Relations Commission (WRC).  It is an offence under the Act for an employer to fail to comply with sections 9 or 10.

There is also an obligation under section 12 which makes it mandatory on employers proposing a collective redundancy to notify the Minister for Employment Affairs and Social Protection of the proposed collective redundancy.

An employer is prohibited from issuing any notice of redundancy during the mandatory employee information and consultation period (required by the 1977 Act) and until 30 days have elapsed from the date on which the Minister has been notified.  For the avoidance of doubt, the 30 day mandatory information and consultation process and the aforementioned 30 day period from the date of notification to the Minister may run concurrently.

I can assure the Deputy that I and my officials will continue to monitor the relevant legislation to ensure that it remains effective in protecting employees in the event of collective redundancies.

I trust this clarifies the matter for the Deputy.