Ireland: New Regulations Provide for on-the-spot Fines for Certain Breaches of Employment Law

The Regulations, effective 12 January 2024, replace previous regulations and consolidate both new and established fixed payment notices for various employment law offences.

The fines, categorised based on various employment law offences, range from €500 to €2,000.  Most notably, failure to consult with employee representatives in a collective redundancy situation and to provide them with mandatory information may incur a fine of €2,000. Other fines prescribed by the Regulations include a fine of €1,500 for failure to provide an employee with the terms of employment within the prescribed one month of the commencement of employment, or where an employee is not provided with a statement of their average hourly rate of pay when requested.

The fines apply per breach of a provision, potentially posing considerable consequences for entities with large workforces. Failure to pay fines within 42 days would prompt a referral to the WRC’s internal legal affairs committee, potentially leading to summary prosecution and a Class C fine of €2,500 upon conviction.

The Irish Government announced in December 2023 that businesses found breaching the law in relation to the payment of tips would be subject to new on-the-spot fines and emphasised that WRC inspectors would continue to conduct site inspections nationwide to see whether their businesses are compliant with tips legislation.