KEY THEMES IN EMPLOYMENT
ACTS COMMENCED IN FULL SINCE THE SPRING HORIZON TRACKER
Work Life Balance and Miscellaneous Provisions Act 2023
Since the Spring 2024 Tracker, the remaining provisions of this act (parts 2 and 3 thereof), relating to the right to request:
- Remote working arrangements; and
- flexible working arrangements for caring purposes, have been commenced in law.
The commencement of these provisions follows the publication of the Workplace Relations Commission's Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working which outlines how employers should address requests for remote or flexible working arrangements. Any refusal of such requests must have regard to this Code of Practice, and redress is available to employees where a request is not properly considered in line with the act and the Code of Practice.
Latest stage: The full act has been commenced.
ACTS ENACTED SINCE THE SPRING HORIZON TRACKER AWAITING COMMENCEMENT
Social Welfare (Miscellaneous Provisions) Act 2023
Since the Spring 2024 Horizon Tracker, this act has been enacted to amend and extend the Social Welfare Acts; to amend the Sick Leave Act 2022 and the Workplace Relations Act 2015; to make provision for the attribution, in certain circumstances, for the purposes of the State pension (contributory), of contributions by certain persons who provide long-term care and attention to certain other persons and for the deferral, on a voluntary basis, by certain persons in certain circumstances in accessing the State pension (contributory) and, for those and other purposes, to further amend and extend the Social Welfare Acts; and to provide for related matters.
This act also includes some of the proposed amendments which were to be included in the State Pensions Reform Act. The purpose of that act, which has now been subsumed, was to allow an employee reaching the age of 66 to defer access and receipt of the state contributory pension from the ages of 66 to 70 and receive an actuarially-based increase in their weekly payment rate from the date they access their pension entitlement.
Latest stage: The full act has been enacted, but is not commenced in full.
Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024
Date signed into law: 9 May 2024
This act implements the outstanding company law and employment law commitments set out in the Plan of Action on Collective Redundancies following Insolvency, by amending the Companies Act 2014 and the Protection of Employment Acts 1977 to 2014. The act will enhance transparency for employees of employers who become insolvent and will expand the avenues of redress available to all employees in a collective redundancy scenario, should their employer fail to comply with these rules.
In particular, the act will remove the current exemption which previously permitted insolvent businesses to effect collective redundancies before the mandatory 30 day information and consultation process has completed. The act will also provide for the establishment of a new statutory Employment Law Review Group which will advise the Minister on all aspects of employment and redundancy law. The act will also amend the Companies Act 2014 to improve the quality and circulation of information to workers as creditors and ensure remedies for transactional avoidance are more accessible to creditors.
Latest stage: This act was signed into law by the President on 9 May 2024. The commencement date of the act has yet to be confirmed.
BILLS
Automatic Enrolment Retirement Savings Systems Bill
The bill proposes to introduce automatic enrolment of employees into a private pension scheme through a new agency called the Central Processing Authority.
The Government initially set an ambitious timeline to have the auto-enrolment system set up in Ireland by the end of 2023 and for employee enrolments to commence from 1 January 2024. However, more recent Government indications envisaged its commencement in the second half of 2024. This timeline is now looking somewhat unlikely as we are still awaiting implementing legislation and the recent budget made no provision for auto-enrolment costs. However, this has been listed as a priority for publication in the 2024 Summer Legislation Programme. The Bill has completed Dáil Éireann, Fifth Stage.
Latest stage: The Bill is currently before Seanad Éireann, Committee Stage.
Employment Permits Bill 2022
Date published: 4 October 2022
This bill which will consolidate the Employment Permits Acts and make amendments to modernise the employment permits system.
Latest stage: This Bill is currently before Seanad Éireann, Final Stage.
Protection of Employees (Trade Union Subscriptions) Bill 2024
This bill proposes to impose an obligation on employers, when requested in writing by an employee, to make deductions from the wages of such employee, and, not later than 21 days, remit the amount deducted, along with the written notice of the information required under section 6, to the relevant trade union that is specified in the written request.
Latest stage: The Bill is currently before Dáil Éireann, Second Stage.
Maternity Protection (Amendment) Bill 2024
This Bill proposes to amend and extend the Maternity Protection Act 1994 and to provide for postponement of maternity leave where a mother has been diagnosed with cancer or other serious illness during pregnancy, and to provide for related matters.
Latest stage: The Bill has now completed Dáil Éireann, First Stage.
Social Welfare (Miscellaneous Provisions) Bill 2024
Bill entitled an act proposes to amend the way in which employment contributions are to be calculated for the purposes of the Social Welfare Consolidation Act 2005; to provide for a new benefit to be known as jobseeker’s pay-related benefit; to remove the need for certain notifications to be provided to persons who are the subject of certain investigations before a notice of attachment may be given to such persons; for those and other purposes, to amend and extend the Social Welfare Acts; to amend the Taxes Consolidation Act 1997; to amend the Public Service Pensions (Single Scheme and Other Provisions) Act 2012; and to provide for related matters.
Latest stage: The Bill is currently before Dáil Éireann, Committee Stage.
IRISH PROPOSED LEGISLATION
Employment (Restriction of Certain Mandatory Retirement Ages) Bill
This bill will apply to clauses included in contracts of employment, whether express or implied, which oblige an employee to retire at an age which is below the age at which the employee can first access the State Pension. The objective of this bill is to introduce measures which allow, but does not compel, an employee to stay in employment until pensionable age, which is currently 66.
Latest Stage: The general scheme of the bill underwent pre-legislative scrutiny on 10 April 2024, and the heads of bill are in preparation. This bill is listed in the “All Other Legislation” section of the 2024 Summer Legislation Programme.
Protection of Employees (Employers' Insolvency) (Amendment) Bill
This bill will make a number of amendments to the Protection of Employees (Employers’ Insolvency) Act 1984. In particular, this bill will expand access to the Insolvency Payments Scheme (the “IPS”) to protect employees of employers who cease trading without entering liquidation, receivership or bankruptcy. This includes the introduction of an Employer Deemed Insolvent Application, which will allow former employees to apply to have their employer deemed insolvent, where their employer ceases trading without going through a formal wind-up, for the purpose of claiming their pay-related entitlements from the IPS. This change addresses a 2018 Supreme Court judgment which found that Ireland had not fully transposed Directive 2008/94/EC.
Latest Stage: The general scheme of the bill was published on 29 May 2024. This bill is listed in the “All Other Legislation” section of the 2024 Summer Legislation Programme.
PRIVATE MEMBERS' BILLS
Remuneration Information and Pay Transparency Bill 2023
Date published: 24 January 2023
The bill intends to make further and better provision for equality between employed persons by providing for transparency in respect of matters relating to remuneration, and to amend the Employment Equality Acts 1998 – 2021. This bill transposes some of the provisions under the EU Pay Transparency Directive which will introduce a number of far-reaching and onerous pay transparency measures and enhance the gender pay gap reporting obligations in Ireland. The
Latest stage: The bill is currently before Seanad Éireann, Second Stage. We have considered the main provisions of this directive for employers in our recent publication: New Law on the Way - Bringing Pay Transparency into Sharp Focus.
Living Wage Bill 2022
This is a Private Members’ bill which proposes to amend the law relating to the determination, declaration and review of a national minimum hourly rate of pay for employees so as to arrive at and thereafter preserve an hourly rate that represents a living income; and to provide for related matters.
Latest stage: This bill is currently before the Dáil Éireann, Third Stage however, it is not listed in the 2024 Summer Legislation Programmes so does not appear to be a priority for the Government and, at this stage, is unlikely to be progressed particularly in light of the Irish Government's announcement as part of Budget 2024 that the minimum wage will increase from 1 January 2024 for people aged 20 and over to €12.70 per hour.
EU DIRECTIVES AWAITNG IMPLEMENTATION
Date published: 17 May 2023
The aim of the directive is to promote greater pay transparency and to reduce the gender pay gap ("GPG") within EU member states. GPG reporting has become a hot topic in recent years across EU Member States and this directive is a further example of the EU's commitment to promoting diversity, equity and inclusivity in the workplace. This directive on pay transparency introduces significant pay transparency obligations on employers to strengthen the application of the principle of equal pay and, separately, significantly enhances GPG reporting obligations which will amend the current GPG reporting requirements in Ireland.
Latest stage: 5 June 2026
Date published: 25 October 2022
This directive aims to ensure the adequacy of minimum wages with the aim of achieving decent living and working conditions; promote collective bargaining on wage-setting; and enhance effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements.
Transposition date: 15 November 2024