27th March 2020
Emergency Measures in The Public Interest (COVID 19) Bill 2020
Compulsory Redundancy arising from Lay-Off/ Short Time Working
The Dail approved the Emergency Measures in The Public Interest (COVID 19) Bill 2020 on the 26th March, which introduced, amongst other emergency pieces of legislation, the new Wage Subsidy Scheme. These measures were to provide support to Irish Companies and workers affected by the Covid-19 crisis.
This Act also temporarily removes a persons’ right to request to be declared redundant where they have been laid-off/ put on short-time for four or more consecutive weeks or, within a period of thirteen weeks, for a series of six or more weeks of which not more than three were consecutive.
The changes mean this right, which is contained in Section 12. Redundancy Payments Act 1967, will not have effect during the emergency period (3 months from 26 March 2020) in respect of an employee who has been laid-off or kept on short-time due to the effects of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.
It should be noted that the rules concerning fair selection for lay-off, redundancy or short time working remain unchanged and an employer should ensure it is exercised correctly to avoid any claims.
This update is for guidance only and is provided by the MSS HR Support Service.
Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690