Autumn 2024 – Irish Government Legislation Programme

Government Chief Whip, Minister Hildegarde Naughton published the Autumn Legislative Programme in September which prioritises 61 bills for publication and drafting. Having received Government approval, 29 bills will be prioritised for publication and 32 bills for drafting in the 13-week Autumn Dáil session.

In this article, we will briefly examine the draft legislation from the Autumn Programme that impacts employment and the workplace.

Employment (Restriction of Certain Mandatory Retirement Ages) Bill

Status – Pre-legislative Scrutiny Completed in May 2024

The purpose of this legislation is to implement a key commitment included in the Government’s response to recommendations made by the Pensions Commission. The Bill will deliver a statutory provision which will allow, but in no way compel, an Employee to stay in employment until the State pension age, which is 66. The Bill also provides for certain exemptions to this measure in limited circumstances.

Maternity Protection (Amendment) (Miscellaneous Provisions) Bill

Status – Heads of Bill Approved in July 2024

The General Scheme of this legislation amends the Maternity Protection Act 1994 to allow for a pause in maternity leave in the case of a very serious physical or mental illness for a period of up to 52 weeks. The need for the pause must be certified by a doctor or consultant.

Members of the Oireachtas currently do not have an entitlement to maternity leave if they become pregnant while a member of the Oireachtas. The General Scheme provides that members of the Oireachtas have an entitlement to 26 weeks maternity leave.

The Employment Equality Acts 1998-2015 currently do not encompass the use of non-disclosure agreements in the context of sexual harassment and discrimination. The General Scheme amends the Employment Equality Acts to provide that an Employer shall not enter into a non-disclosure agreement with an Employee where the Employee has made allegations of discrimination, harassment, sexual harassment, or victimisation unless the Employee has requested the agreement. For a non-disclosure agreement to be enforceable, the Employee must also be provided with independent legal advice, at the expense of the Employer.

Protection of Employees (Employers’ Insolvency) (Amendment) Bill

Status – Heads of Bill Approved in May 2024

This Bill will make key amendments to the Protection of Employees (Employers’ Insolvency) Act 1984. This Act covers Employees’ pay-related entitlements in the event of their Employer’s insolvency, by way of the Insolvency Payments Scheme (IPS).

The most extensive change is to introduce a new Employer Deemed Insolvent Application which was developed by an Interdepartmental Working Group. This new process 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.

Civil Service Regulation and Public Service Management (Amendment) Bill 

Status – Work is Ongoing

The main purpose of this Bill is to amend the Civil Service Regulation Acts 1956–2005 and the Public Service Management Act 1997 to provide that disciplinary action up to and including dismissal in the Civil Service can be assigned below the level of the head of the Organisation. There are other miscellaneous amendments to modernise the legislation based on the General Scheme which include the establishment of a Senior Post Remuneration Committee.

Keep Up to Date on Employment Law Compliance

Adare’s employment law experts are monitoring these legislative developments and will provide further updates as soon as any of these Bills progress.

The Autumn Legislation Programme also serves as a reminder that there has been a huge volume of employment law developments in recent years and staying on top of compliance is an increasing challenge for Employers.

If your Organisation needs assistance on any aspect of employment law compliance, contact Adare today to speak with one of our HR and employment law advisors.

(01) 561 3594 or info@adarehrm.ie