The purpose of the Act is to provide for the minimum entitlement of employees in qualifying organisations to information and/or consultation with their employers in relation to certain business issues and establish a framework within which the information and consultation will be conducted.

The Act will apply from the 4 September 2006 to undertakings with at least 150 employees, by 23 March 2007 to undertakings with at least 100 employees and by 23 March 2008 to undertakings with at least 50 employees. However the right to be informed and or consulted does not automatically arise. The information and consultation obligations only arise when triggered by the employer or a specified number of employees.

If the employer or the employees do not trigger the Act, the information and consultation obligations do not arise.

'Information and consultation', includes information and/or consultation on:

• recent and probable development of the undertaking's activities and economic situation
  
  
• on the situation, structure and probable development within the undertaking and on any anticipatory measures envisaged in particular where there is a threat to employment
  
  
• decisions likely to lead to substantial changes in work organisation or in contractual relations.

The Act places clear duties of confidentiality on employees in relation to information in their possession as a result of the information and or consultation process. In addition an employer may refuse to communicate information or undertake consultation in specific circumstances.

The Act also amends the legislation on the transfer of undertakings.

This Act amends the Parental Leave Act 1998 by introducing new provisions in relation to parental leave and force majeure leave which include the following:

Parental leave

• it increases the age of an 'eligible child' to 8 years
  
  
• it increases the age of an 'eligible child' with a disability to 16 years
  
  
• it provides for the parental leave entitlement to be taken in separate blocks of six continuous weeks
  
  
• it provides that with the agreement of the employer such block may be taken in a more favourable manner.

Force majeure leave

The Act now provides for force majeure leave being available in relation to persons in a situation of 'domestic dependency' and sexual orientation is disregarded for these purposes.

These Regulations transpose into Irish law provisions concerning the minimum safety and health requirements for the use of equipment by workers, when carrying out work at a height.

Where work at height is necessary, safe systems of work should be established and proper planning and organisation should take place.

The Regulations set out specific requirements including organisation, planning and risk assessment of work at a height, avoidance of risks when working at height, selection of work equipment for work at height, inspection of work equipment, fragile surfaces and falling objects.

In addition, the Regulations provide that the work equipment must be suitable to ensure and maintain safe working conditions, and collective protection measures must be given priority over personal protection measures.

Detailed requirements for the use of equipment such as ladders, scaffoldings and other working platforms as well as the requirements for fall protection systems, including nets, airbags, and rope access, are set out in the schedules to the Regulations.

This provides for the implementation and enforcement of Council Regulation No. 3820/85/EEC on the harmonisation of certain social legislation relating to road transport, including:

• prescribing the maximum periods of daily and fortnightly driving, minimum breaks, and daily and weekly rest periods for drivers
  
  
• setting down minimum ages for drivers, drivers' mates and conductors.

This provides for the introduction and enforcement of digital tachograph technology that will gradually replace the existing analogue tachograph devices used to record information on driving times, breaks and rest period for professional drivers.

This increases the income disregarded for the purposes of carer's allowance. The new ceiling is effective from 6 April 2006.

This sets out an approved Code of Practice for the purposes of the Disability Act 2005.

These Rules amend Order 100 to provide forms of orders in relation to the Safety, Health and Welfare at Work Act 2005.

This provides that an employment contribution will be credited to an insured person for each week during which he or she avails of parental leave or force majeure leave under the terms of the Parental Leave Act 1998 (as amended).

This fixes minimum rates of pay and regulates statutory conditions of employment effective from 16 June 2006 for workers employed in the retail grocery and allied trades. It is made by the Labour Court on the recommendation of the Retail Grocery and Allied Trades Joint Labour Committee.

These Rules prescribe Circuit Court procedures in respect of proceedings brought under the Employment Equality Acts 1998 and 2004.

August 2006.

For further information please contact a member of the Employment Law Unit.