The Gazette 1982

GAZETTE

JULY/AUGUST 1982

Information and Consultation Procedures in Irish Law.

Under Irish law companies are not obliged to disclose

information to any great extent to employees. The latter are

of course entitled to see those documents of the company

available for public inspection in the Companies Office.

The Fourth Council Directive of 25 July 1978 on the

Annual Accounts of Certain Types of Companies

, the

provisions ofwhich must be fully operational in Irish law by

15 February 1982, require all limited companies (subject

to a few exceptions), whether public or private, to publish

their Annual Accounts and the Auditors' Report in accord-

ance with the publication requirements ofthe First Council

Directive of 9 March 1968

. Member States are permitted

to prescribe less detailed disclosure requirements for small

or medium sized companies. Whereas the Fourth Council

Directive deals with the annual accounts of individual

companies the Proposed Seventh Council Directive con-

cerning Group Accounts

is intended to be its comple-

ment — requiring the consolidation of the individual ac-

counts of all the companies belonging to the same group.

Council Directive of 15 February 1982 requires com-

panies the shares of which have been admitted to official

Stock-Exchange listing, to publish halfyearly reports, to be

inserted in the newspapers or in the national gazette or

otherwise made available to members of the public

Member States are obliged to bring into force the measures

necessary to comply with this Directive not later than 30

June 1983, although the application of such measures may

be postponed until 30 June 1986. Apart from the right of

inspection accorded to him as an ordinary member of the

public the employee under Irish Law has rights to receive

information only in relation to matters of health and safety,

collective redundancy and transfer of ownership of a bus-

iness or part thereof.

Health and Safety

Section 39 of the Safety in Industry Act 1980 requires

occupiers offactories and other specified premises in which

ten or more persons are employed, to prepare and circulate

a written safety statement specifying the manner in which

the safety and health of persons employed in the premises

will be secured, the arrangements for safeguarding the

safety and health of such persons, the co-operation required

from such persons as regards safety and health, the duties of

safety officers (if any), any safety training facilities which

are available and the measures to be taken in relation to

dangers so specified arising in relation to the premises or in

relation torisks of such danger. Section 35 of the 1980 Act

entitles employees working in factories or other specified

premises (with a work-force ofunder 20 persons) to appoint

a safety representative who can represent them in consulta-

tions with the occupier on safety, health and welfare issues.

The occupier is obliged to hold consultations with the

representative for the purpose of ensuring co-operation in

the premises in relation to the provisions of the 1955 and

1980 Acts, statutory regulations or other enactments. The

occuper is obliged to consider any representations made to

himby the representative on anymatter affecting the health,

safety and welfare of persons employed. Section 36 of the

1980 Act provides for the creation of a safety committee

and for the appointment of a safety delegate. The safety

committee is entitled to make representations to the

occupier on health, safety and welfare matters and he must

consider these. A reciprocal obligation to consider repre-

sentations made by the occupier is placed on the com-

mittee. In addition, the occupier must hold consultations

with the committee, if the latter so requests, with a view to

reaching agreement on facilities for holdingmeetings ofthe

committee, and the duration, frequency and times of such

meetings. Where for a period of six months neither a safety

representative nor a safety committee stands appointed

under Section 35 or 36 the occupier himself must appoint a

safety representative (if no more than 20 persons are em-

ployed in the factory or other premises) or a safety commit-

tee and safety delegate, pursuant to Section 37 of the 1980

Act. Paragraph 2 of the latter Section however requires the

occupier, before he makes the appointment, to afford to the

persons employed in the relevant factory or other premises

an opportunity for consultation regarding the appointment.

Collective Redundancies

Section 9 of the Protection of Employment Act 1977

requires an employer who proposes to create collective re-

dundancies to initiate consultations with representatives

representing the employees affected by the proposed re-

dundancies, with a view to reaching an agreement. The

consultations are required to be initiated at the earliest

opportunity and in any event at least 30 days before the first

dismissal, and to include the following matters — (a) the

possibility of avoiding the proposed redundancies, reduc-

ing the number of employees affected by themor otherwise

mitigating their consequences, (b) the basis on which it will

be decided which particular employees will be made re-

dundant. The employees' representatives are entitled to

receive all relevant information relating to the proposed

redundancies for the purpose of consultations and in par-

ticular to receive written details on — (a) the reasons for the

proposed redundancies, (b) the number and descriptions or

categories of employees whom it is proposed to make re-

dundant, (c) the number ofemployees normally employed,

and (d) the period during which it is proposed to effect the

proposed redundancies.

Transfers of Undertakings

The European Communities (Safeguarding of Em-

ployees' Rights on Transfer of Undertakings) Regulations

1980 (S. 1 306 of 1980) provides that employees affected

by a transfer of an undertaking or business, or part thereof

shall be informed of (a) the reasons for the transfer, (b) the

legal, economic and social implications of the transfer for

the employees, and (c) the measures envisaged in relation

to the employees (Section 7( 1)). The information must be

given by the transferor to the representatives of his em-

ployees in good time before the transfer is carried out, and

by the transferee, to the representatives of his employees

in good time, and in any event before his employees

are directly affected by the transfer as regards their condi-

tions of work and employment. Special provisions exist for

the situation where no employee representatives exist in the

undertakingorbusiness concerned. Where the transferoror

transferee concerned in the transfer envisage measures in

relation to his employees, he must consult the representa-

tives ofhis employees in good time on suchmeasures with a

view to seeking agreement. The 1980 Regulations proved

to be innovatory in a number of ways. Prior to the imple-

mentation of the said Regulations an employee, on the

transfer of ownership of the business in which he was

employed, would generally only receive from his employer

(the 'transferor') a notice terminating his contract of em-

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