Employees (Provision of Information and Consultation) Act 2006
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) In this Act—
“ appointed ” means, in the absence of an election, appointed by the employees and the basis on which that appointment is made may, if the employees so determine, be such as is agreed by them with the employer;
“ Commission ” means the Labour Relations Commission;
“ consultation ” means the exchange of views and establishment of dialogue between either or both—
(a) one or more employees,
(b) the employees’ representative or representatives,
and the employer;
“ contract of employment ” means a contract of service or of apprenticeship whether express or implied, and if express, whether oral or in writing;
“ Court ” means the Labour Court;
“ Directive ” means Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community;
“ employee ” means a person who has entered into or works under a contract of employment and references, in relation to an employer, to an employee shall be read as references to an employee employed by that employer;
“ employee threshold ” has the meaning assigned by section 7 ;
“ employees’ representative ” has the meaning assigned by section 6 ;
“ employer ”, in relation to an employee, means the person by whom the employee is employed under a contract of employment;
“ excepted body ” has the meaning assigned by section 6 (3) of the Trade Union Act 1941 , as amended;
“ expert ” means an individual, and may be the holder from time to time of a named office or position in a body corporate or other body or organisation;
“ information ” means transmission by the employer to one or more employees or their representatives (or both) of data in order to enable them to acquaint themselves with the subject matter and to examine it and cognate words shall be read accordingly;
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paragraphs: — (1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act.
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paragraphs: — (1) Subject to the provisions of this Act, an employee employed in an undertaking employing 50 or more employees has a right to information and consultation.
(2) This Act is without prejudice to—
(a) the information and consultation procedures under the Protection of Employment Act 1977 , as amended by the Protection of Employment Order 1996 ( S.I. No. 370 of 1996 ), and the European Communities (Protection of Employment) Regulations 2000 ( S.I. No. 488 of 2000 ),
(b) the information and consultation procedures under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 ),
(c) the information and consultation procedures under the Transnational Information and Consultation of Employees Act 1996 and the European Communities ( Transnational Information and Consultation of Employees Act 1996 ) (Amendment) Regulations 1999 ( S.I. No. 386 of 1999 ), and
(d) any right to information, consultation or participation conferred on employees by any other Act or instrument thereunder.
(3) For the avoidance of doubt, the according to employees of their rights through a European Employees’ Forum, an Information and Consultation procedure or a European Works Council established under the Transnational Information and Consultation of Employees Act 1996 or by an agreement under section 6 of that Act, is not sufficient compliance by the employer with this Act.
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paragraphs: — (1) This Act applies—
(a) from a date to be prescribed (being a date before 23 March 2007) to undertakings with at least 150 employees,
(b) from 23 March 2007 to undertakings with at least 100 employees, and
(c) from 23 March 2008 to undertakings with at least 50 employees.
(2) The number of employees referred to in subsection (1) is referred to in this Act as a “relevant workforce threshold”.
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paragraphs: — (1) In determining whether employees are employed in an undertaking that meets a relevant workforce threshold, the number of employees in the undertaking shall be reckoned by calculating the average number of employees employed in the undertaking during the 2 years before the date that a request is—
(a) made under subsection (2),
(b) received under subsection (4) by the Court or a nominee of the Court, or
(c) received under section 7 by the employer, the Court or a nominee of the Court.
(2) Without prejudice to subsection (4), following a request from one or more employees or employees’ representatives (or both), the employer shall provide details of the number of employees in the undertaking during the period referred to in subsection (1) to those employees or employees’ representatives (or both) not later than 4 weeks from the date of receipt of that request (but that period of 4 weeks may be extended by agreement between the parties).
(3) If the undertaking has been in existence for less than 2 years, the period of 2 years referred to in subsection (1) shall be replaced by the period the undertaking has been in existence.
(4) One or more employees may request the Court or a nominee of the Court to make the request referred to in subsection (5) of the employer and to do the other things mentioned therein.
(5) Where a request under subsection (4) is received by the Court or a nominee of the Court, the Court or the nominee shall—
(a) notify the employer as soon as is reasonably practicable that a request under that subsection has been made,
(b) request from the employer details of the numbers of employees in the undertaking during the period referred to in subsection (1), and
(c) issue a written notification to the employee or employees who made the request under subsection (4) confirming the number of employees in the undertaking during the period concerned.
(6) Where the Court or its nominee requests information from the employer under subsection (5)(b), the employer shall provide the information requested not later than 4 weeks from the date of receipt of that request (but that period of 4 weeks may be extended by agreement between the employer and the Court or its nominee).
(7) If the number of employees for the time being in an undertaking falls below the relevant workforce threshold and remains below the threshold for 12 months, then, at the request of the employer or a majority of the employees, the Information and Consultation Forum established under section 10 shall stand dissolved unless both parties agree to its continuation.
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paragraphs: — (1) In this Act, “ employees’ representative ” means an employee elected or appointed for the purposes of this Act.
(2) Subject to subsections (3) and (4), the employer shall arrange for the election or appointment of one or more than one employees’ representative under this section.
(3) Without prejudice to section 11 , where it is the practice of the employer to conduct collective bargaining negotiations with a trade union or excepted body, employees who are members of a trade union or excepted body that represents 10 per cent or more of the employees in the undertaking shall be entitled to elect or appoint from amongst their members one or more than one employees’ representative for the purposes of this Act.
(4) The number of employees’ representatives (if any) elected or appointed under subsection (3) shall be determined on a pro rata basis by reference to the number of other employees’ representatives (if any) elected or appointed under this section.
(5) Where a dispute arises under this section, it may be referred by the employer, trade union, excepted body or one or more than one employee to the Labour Court for determination in accordance with the procedures set out in subsections (6), (7), (9) and (10) of section 15 .
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paragraphs: — (1) Subject to subsection (2) and section 9 , the employer—
(a) may at his or her own initiative, or
(b) shall at the written request of at least 10 per cent of employees received either by him or her on the one hand, or by the Court or a nominee of the Court on the other hand,
enter into negotiations with employees or their representatives (or both) to establish information and consultation arrangements.
(2) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (1)(b) shall be construed as meaning the lesser of—
(a) 10 per cent of the employees in the undertaking concerned (but not less, in any case, than 15 employees), or
(b) 100 employees,
(to be known and in this Act referred to as the “employee threshold”).
(3) Where a request is received by the Court or a nominee of the Court under subsection (1)(b), the Court or the nominee shall—
(a) notify the employer as soon as is reasonably practicable that the request has been made,
(b) request from the employer the information that it or its nominee requires to verify the number and names of the employees who have made the request, and
(c) issue a written notification to the employer and the employees who have made the request confirming how many employees have made the request and whether the employee threshold has been met on the basis of the information provided by the employees and the employer.
(4) Where the Court or its nominee requests information from the employer under subsection (3)(b), the employer shall provide the information requested as soon as is reasonably practicable.
(5) Where a notification under subsection (3)(c) confirms that the request meets the employee threshold, the date of receipt of the notification by the employer shall be taken to be the date on which the employer received the request.
(6) Within 6 months from commencing negotiations, the parties shall agree to establish an information and consultation arrangement by means of—
(a) a negotiated agreement under section 8 , or
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paragraphs: — (1) An agreement establishing one or more information and consultation arrangements may be negotiated by the employer and the employees or their representatives (or both) (to be known and in this Act referred to as a “ negotiated agreement ”).
(2) A negotiated agreement shall be—
(a) in writing and dated,
(b) signed by the employer,
(c) approved by the employees,
(d) applicable to all employees to whom the agreement relates, and
(e) available for inspection by those persons and at the place agreed between the parties.
(3) For the purposes of subsection (2)(c), the agreement shall be regarded as having been approved by the employees—
(a) where a majority of those employees employed in the undertaking who cast a preference do so in favour of the terms of the agreement,
(b) where a majority of employee representatives, elected or appointed for the purposes of negotiations under this Act, approve the agreement in writing, or
(c) where the result of employing any other procedure agreed to by the parties for determining whether the agreement has been so approved discloses that it has been so approved.
(4) The employer shall ensure that the procedure for the casting of a preference referred to in subsection (3)(a) is confidential and capable of independent verification and of being used by all employees.
(5) A negotiated agreement shall include reference to the following matters:
(a) the duration of the agreement and the procedure, if any, for its renegotiation;
(b) the subjects for information and consultation;
(c) the method and timeframe by which information is to be provided, including as to whether it is to be provided directly to employees or through one or more employees’ representatives;
(d) the method and timeframe by which consultation is to be conducted, including as to whether it is to be conducted directly with employees or through one or more employees’ representatives; and
(e) the procedure for dealing with confidential information.
(6) At any time before a negotiated agreement expires or within 6 months after its expiry, the parties to the agreement may renew it for any further period they think fit.
(7) A negotiated agreement renewed under subsection (6) within the period of 6 months referred to in that subsection shall be deemed to have remained in force from the date it would otherwise have expired.
num: 9
paragraphs: — (1) Subject to the provisions of this section, where an agreement (to be known and in this Act referred to as a “ pre-existing agreement ”) exists within—
(a) an undertaking referred to in section 4 (1)(a), on or before a date to be prescribed (being a date before 23 March 2007),
(b) an undertaking referred to in section 4 (1)(b), on or before 23 March 2007, or
(c) an undertaking referred to in section 4 (1)(c), on or before 23 March 2008,
and that pre-existing agreement satisfies the requirements of this section, the employer is not obliged to comply with a request under section 7 .
(2) A pre-existing agreement shall be—
(a) in writing and dated,
(b) signed by the employer,
(c) approved by the employees,
(d) applicable to all employees to whom the agreement relates, and
(e) available for inspection by those persons and at the location agreed by the parties.
(3) For the purposes of subsection (2)(c), a pre-existing agreement shall be regarded as having been approved by the employees—
(a) where a majority of those employees employed in the undertaking who cast a preference do so in favour of the terms of the agreement, or
(b) where the result of employing any other procedure agreed to by the parties for determining whether the agreement has been so approved discloses that it has been so approved.
(4) The employer shall ensure that the procedure referred to in subsection (3)(a) is confidential and capable of independent verification and of being used by all employees.
(5) A pre-existing agreement shall be presumed to be valid unless proved to the contrary, and shall remain in force—
(a) for the period, if any, specified in the agreement or the agreement as renewed,
(b) in the case of an open ended agreement, until it is brought to an end in accordance with its terms, or
(c) until it is brought to an end by agreement of the parties.
(6) Where a pre-existing agreement is not in force for 6 months, section 7 shall apply.
(7) A pre-existing agreement shall include reference to the following matters—
(a) the duration of the agreement and the procedure, if any, for its review,
(b) the subjects for information and consultation,
(c) the method by which information is to be provided, including as to whether it is to be provided directly to employees or through one or more employees’ representatives, and
(d) the method by which consultation is to be conducted, including as to whether it is to be conducted directly with employees or through one or more employees’ representatives.
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paragraphs: — (1) Where—
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paragraphs: — (1) In relation to sections 8 and 9 , an employee may exercise his or her right to information and consultation under section 3 either directly or by means of his or her representatives elected or appointed for that purpose.
(2) Subject to subsection (3) and where a system of direct involvement is in operation for the whole or part only of the undertaking concerned, in order to be represented by his or her representatives at least 10 per cent of employees for whom the direct involvement system operates are required to make a written request to the employer, the Court or a nominee of the Court seeking to exercise the right to information and consultation through employees' representatives.
(3) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (2) is subject to the approval of the majority of employees to whom the direct involvement system applies.
(4) For the purposes of subsection (3), a request to change from a system of direct involvement to a system of representation through employees’ representatives shall be regarded as having been approved by the employees for whom the direct involvement system operates where a majority of those employees who cast a preference are in favour of the change.
(5) The employer shall ensure that the procedure for the casting of a preference referred to in subsection (4) is confidential and capable of independent verification and of being used by all employees.
(6) On receipt of a request under subsection (2 which is approved under subsection (3), an employer shall arrange for the election or appointment of representatives by the employees.
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paragraphs: — When defining or implementing practical arrangements for information and consultation under this Act, the employer and one or more employees or his or her representatives (or both) shall work in a spirit of co-operation, having due regard to their reciprocal rights and duties, and taking into account the interests both of the undertaking and of the employees.
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paragraphs: — (1) An employer shall not penalise the employees’ representative for performing his or her functions in accordance with this Act.
(2) For the purposes of this section, an employees’ representative is penalised if he or she—
(a) is dismissed or suffers any unfavourable change to his or her conditions of employment or any unfair treatment (including selection for redundancy), or
(b) is the subject of any other action prejudicial to his or her employment.
(3) Subject to subsection (5), the employees’ representative shall be afforded any reasonable facilities, including time off, that will enable him or her to perform his or her functions as employees’ representative promptly and efficiently.
(4) An employees’ representative shall be paid his or her wages (within the meaning of the Payment of Wages Act 1991 ) for any period of absence afforded to him or her in accordance with subsection (3).
(5) The granting of facilities under subsection (3) shall have regard to the needs, size and capabilities of the undertaking concerned and shall not impair the efficient operation of the undertaking.
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paragraphs: — (1) Subject to subsections (4) and (5) an individual who at any time is or was—
(a) a member of an Information and Consultation Forum,
(b) an employees’ representative who is party to an information and consultation arrangement,
(c) an employee participant in an information and consultation arrangement, or
(d) an expert providing assistance,
shall not disclose to employees or to third parties any information which, in the legitimate interest of the undertaking, has been expressly provided to him or her by the undertaking in confidence.
(2) The duty of confidentiality imposed by subsection (1) shall continue to apply after the cessation of the employment of the individual concerned or the expiry of his or her term of office.
(3) Notwithstanding subsection (1), the individual concerned may disclose information which has been expressly provided to him or her in confidence to employees and to third parties where those employees or third parties are subject to a duty of confidentiality under this Act.
(4) An employer may refuse to communicate information or undertake consultation where the nature of that information or consultation is such that, by reference to objective criteria, it would—
(a) seriously harm the functioning of the undertaking, or
(b) be prejudicial to the undertaking.
(5) An employer shall refuse to disclose information where disclosure of the information concerned is prohibited by any enactment.
(6) The Court or any member of the Court or the registrar or any officer or servant of the Court, including any person or persons appointed by the Court as an expert or mediator, shall not disclose any information obtained by it in confidence in the course of any proceedings before it under this Act.
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paragraphs: — (1) Disputes between an employer and one or more employees or his or her representatives (or both) concerning:
(a) negotiations under section 8 or 10 ,
(b) interpretation or operation of any agreement under section 8 or 9 ,
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paragraphs: — (1) The Court shall, on the hearing of a dispute referred to it for recommendation or determination under section 6 or section 15 or on the hearing of an appeal under Schedule 3 , have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at that hearing.
(2) Any person who, upon examination on oath authorised by this section, wilfully makes any statement which is material for that purpose and which he or she knows to be false or does not believe to be true is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
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paragraphs: — (1) If—
(a) a party to a Court determination fails to carry out in accordance with its terms a determination of the Court in relation to a dispute under section 6 or 15 , or
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paragraphs: — (1) In this section “ inspector ” means a person appointed under subsection (2).
(2) The Minister may, in writing, appoint as many persons as the Minister thinks appropriate to be inspectors for the purposes of this Act.
(3) Subject to this section, an inspector may do all or any of the following things for the purposes of this Act—
(a) enter at all reasonable times any premises or place where the inspector believes on reasonable grounds that—
(i) an employee is employed in work, or
(ii) the work that an employee is employed to do is directed or controlled,
(b) make such examination or enquiry as may be necessary for ascertaining whether this Act is being complied with in respect of an employee employed in those premises or that place or an employee whose work is directed or controlled from the premises or place,
(c) require the employer of an employee, or the representative of the employer, to produce to the inspector any records the employer is required to keep under any other enactment that are relevant to the employer’s obligations under this Act and inspect and take copies of entries in the records (including, in the case of information in a non-legible form, a copy of or an extract from that information in a more permanent legible form),
(d) require any person the inspector believes on reasonable grounds to be or to have been an employee or the employer of an employee to furnish such information to the inspector as the inspector may reasonably request,
(e) examine with regard to any matters under this Act any person the inspector has reasonable cause to believe to be or to have been an employer or employee and require the person to answer such questions (other than questions tending to incriminate the person) as the inspector may put relative to those matters and to sign a declaration of the truth of the answers.
(4) An inspector shall not, except with the consent of the occupier, enter a private dwelling (other than a part of the dwelling used as a place of work) unless he or she has obtained a warrant from the District Court under subsection (7) authorising the entry.
(5) Where an inspector in attempting to exercise his or her powers under this section is prevented from entering any premises, he or she may apply under subsection (7) for a warrant authorising the entry.
(6) An inspector, where he or she considers it necessary to be so accompanied, may be accompanied by a member of the Garda SÃ­ochÃ¡na when exercising a power conferred on an inspector under this section.
(7) If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that information required by an inspector under this section is held on any premises or any part of the premises, the judge may issue a warrant authorising an inspector accompanied by other inspectors or a member of the Garda SÃ­ochÃ¡na, at any time or times within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the premises (if need be by the use of reasonable force) and exercise all or any of the powers conferred on an inspector under subsection (3).
(8) A person who—
(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on an inspector under this section,
(b) refuses to produce a record which an inspector lawfully requires the person to produce,
(c) produces or causes to be produced, or knowingly allows to be produced, to an inspector a record which is false or misleading in a material respect, knowing it to be so false or misleading,
(d) gives to an inspector information which is false or misleading in a material respect knowing it to be so false or misleading, or
(e) fails or refuses to comply with a lawful requirement of an inspector under subsection (3),
is guilty of an offence.
(9) Every inspector shall be furnished by the Minister with a certificate of his or her appointment and, on applying for admission to any premises or place for the purposes of this Act, shall, if requested by a person affected, produce the certificate or a copy of the certificate to that person.
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paragraphs: — (1) A person who fails to comply with section 7 , 8 , 9 , 10 or 13 is guilty of an offence.
(2) It is an offence for an employer to refuse to provide the information referred to in section 5 or to unreasonably or wilfully obstruct or delay the provision of such information.
(3) It is an offence for an employer to fail to arrange for the election or appointment of one or more than one employees’ representative under section 6 (2).
(4) It is an offence for an employer to fail to put in place a system of representation through employees’ representatives where one has been requested and approved by employees under section 11 .
(5) It is an offence for an individual to whom section 14 (1) applies to disclose information to employees or third parties not subject to a duty of confidentiality under this Act where that information is expressly provided in confidence to the individual concerned.
num: 20
paragraphs: — (1) A person guilty of an offence under section 18 or 19 shall be liable—
(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €30,000 or imprisonment for a term not exceeding 3 years or both.
(2) If the offence under section 18 or 19 of which a person was convicted is continued after conviction, that person shall be guilty of a further offence on every day on which the act or omission constituting the offence continues, and for each such further offence the person shall be liable on summary conviction to a fine not exceeding €500 or on conviction on indictment to a fine not exceeding €5,000.
(3) Proceedings for an offence under section 18 or 19 may be brought and prosecuted by the Minister.
num: 21
paragraphs: — (1) For the purposes of this section—
“ Council Directive ” means Council Directive No. 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses;
“ Regulations ” means the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 );
“ transfer ” means the transfer of an economic entity that retains its identity;
“ transferee ” means any natural or legal person who, by reason of a transfer within the meaning of the Regulations, becomes the employer in respect of the undertaking, business or part of the undertaking or business;
“ transferor ” means any natural or legal person who, by reason of a transfer within the meaning of the Regulations, ceases to be the employer in respect of the undertaking, business or part of the undertaking or business.
(2) A word or expression that is used in this section, and which is also used in the Council Directive or the Regulations, as appropriate, has the same meaning in this section as it has in the Council Directive or the Regulations, as appropriate.
(3) The transferor shall notify the transferee of all the rights and obligations, arising from a contract of employment existing on the date of a transfer, which will be transferred to the transferee, so far as those rights and obligations are, or ought to have been, known to the transferor at the time of transfer.
(4) A failure by the transferor to notify the transferee of any such right or obligation shall not affect the transfer of that right or obligation and the rights of any employees against the transferee or transferor in respect of that right or obligation.
(5) If—
(a) a failure of the foregoing kind consists of a failure to provide information or documents to the transferee the provision of which is necessary in order for the transferee to fulfil an obligation of the transferee owed to an employee,
(b) the transferee is, in proceedings finally determined under the Regulations, required by a decision of a rights commissioner or a determination of the Employment Appeals Tribunal to pay an amount of compensation to that employee in respect of a complaint that the transferee has not fulfilled that obligation, and
(c) the transferee has paid that amount of compensation to that employee,
then, subject to subsection (6), the transferee has a right of action in any court of competent jurisdiction to recover from the transferor such proportion of that amount of compensation as the court determines to be attributable to the failure of the transferor to provide the information or documents concerned.
(6) An action under subsection (5) shall not lie unless it has been preceded by—
(a) service of a notice in writing on the transferor—
(i) indicating, in everyday language—
(I) the particular obligation the transferee considers he or she owes to one or more employees of the transferee, and
(II) the class of information or documents that the transferee believes may be in the possession or under the control of the transferor (and which is not also in the possession or under the control of any of the employees of the transferee), being information or documents of a class which the transferee considers an employer must possess in order to fulfil the obligation concerned,
and
(ii) requesting the transferor to provide to the transferee, within a specified period (not being less than 21 days beginning on the date of the service of the notice), information or documents falling within that class of information or documents,
and
(b) compliance by the transferee with any reasonable request in writing of the transferor for further details to be furnished to the transferor as to the particular items of information or documents that are being referred to in that notice (and any period which elapses before that request is complied with shall not be reckoned in calculating the period specified in that notice).
(7) An action under subsection (5) shall, for the purposes of this section and any other enactment, be regarded as an action founded on quasi-contract.
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paragraphs: — (1) This Act may be cited as the Employees (Provision of Information and Consultation) Act 2006 .
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.