Written answers

Tuesday, 11 February 2025

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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229. To ask the Minister for Enterprise, Trade and Employment the compensation and additional supports that will be provided to employees of companies currently involved in stocking and servicing self-service tobacco and vaping vending machines, who are at risk of losing their jobs when the ban under the Public Health (Tobacco and Nicotine Inhaling Products) Bill 2024 takes effect on 31 August 2025; and if he will make a statement on the matter. [3985/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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Ireland has a robust framework of legislative protections and supports for workers who lose their job. This includes:

  • The Protection of Employment Act 1977, as amended, which requires employers in collective redundancy situations to consult with employees’ representatives and to notify the Minister for Enterprise, Trade and Employment before implementing redundancies.
  • The Redundancy Payments Act 1967, as amended, which requires employers to pay statutory redundancy payment to eligible employees with more than two years’ service. Employers are also required to give at least two weeks’ notice under this Act before implementing a redundancy, distinct from any other statutory or contractual rights to minimum notice.
  • The Minimum Notice and Terms of Employment Act 1973, as amended, which obliges employers to give a certain level of notice to employees prior to dismissal, with the length of such notice dependant on the employee’s length of service,
  • The Unfair Dismissals Act 1977, as amended, which protects employees with more than one year’s service from Unfair Dismissals.
The Protection of Employment Act 1977, as amended, defines a collective redundancy as where, during any period of 30 consecutive days, the employees being made redundant are:
  • 5 employees where 21-49 are employed,
  • 10 employees where 50-99 are employed,
  • 10% of the employees where 100-299 are employed,
  • 30 employees where 300 or more are employed.
Where redundancies occur which are outside the parameters of collective redundancies, employers are still legally obliged to conduct the redundancy process fairly and to use reasonable selection criteria in choosing to make people redundant. In accordance with the principles of fair procedures and natural justice, any such process should normally include a consultation with potentially affected employees.

My colleague, the Minister for Social Protection, will separately advise on the range of supports available through the Intreo service of his Department to anyone who loses their job. This includes assisting with appropriate training and development opportunities and income supports.

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