Sinéad Gibney (Dublin Rathdown, Social Democrats)
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44. To ask the Minister for Enterprise, Trade and Employment whether his Department will consider legislating for workers' wages to be protected in situations where they are unable to access their workplace due to severe weather events, as happened during storm Éowyn; and if he will make a statement on the matter. [62289/25]

Alan Dillon (Mayo, Fine Gael)
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At times of severe weather events, it is important that employees and employers make decisions in the interest of individual and public safety, in line with Government weather warnings and advice.

Helping to ensure that Irish workplaces are healthy and safe is a key priority for my Department. Having a strong occupational health and safety regulatory framework is vital in this regard and the work of the Health and Safety Authority (HSA) is central to this.

The HSA’s role in regulating and promoting work-related safety, health and welfare extends to all workplaces, indoors and outdoors. Employers must assess the various health and safety risks associated with their workplace, including those arising from excessive heat, storms, and driving for work.

The Safety, Health and Welfare at Work Act 2005 obliges employers to carry out a risk assessment, identifying the hazards in the place of work under their control, assess the risks presented by the hazard and to put in place measures to protect workers against those risks.

The HSA offers a range of guidance on its website on conducting written risk assessments and on practices to prevent and control them, including for excessive workplace temperatures, driving for work and various work activity types.

The HSA also participate in the National Emergency Co-ordination Group who distribute messaging on extreme weather events. The Authority are proactive in issuing relevant safety alerts and reminders to workplaces when there are extreme weather events.

Ireland has a robust suite of employment rights legislation in place to protect and support workers. The Payment of Wages Act 1991, as amended, establishes a range of rights for all employees in relation to the payment of wages. The Act regulates how wages and salaries are paid and what deductions may be made from same.

Failing to pay all or part of an employee’s wages, without lawful reason, is considered an unlawful deduction under the 1991 Act. If an employee believes that their employer has made an unlawful deduction from their pay, then they may refer a complaint to the Workplace Relations Commission.

If a business remains open during a severe weather event and the employer requires staff to attend the workplace, there is no statutory obligation for those workers who feel they cannot make the journey to be paid. However, employers and employees may have relevant clauses in individual contracts.

There are no current plans to introduce further protections to the Payment of Wages Act 1991, in relation to severe weather events of this nature at this time.

Remote working became a new norm for many employers and employees in the wake of the Covid pandemic. While it is not possible for all employees to work remotely, employers should consider all available options at the time of a weather event that may affect public safety. The right to request a remote working arrangement was introduced for all employees through the Work Life Balance Act in March 2024. The legislation is accompanied by a Code of Practice, which was developed in consultation with the social partners.