Analysis on the Implementation of the Workplace Relations Act (Fixed Payment Notice) Regulations 2023
The Workplace Relations Act (Fixed Payment Notice) Regulations 2023 (the ‘Regulations’) were published on 12 January 2024. The Regulations consolidate new and existing fixed payment notices for employment law offences.
Under the Regulations new ‘on the spot fines’ can be imposed on employers by a Workplace Relations Commission (‘WRC’) inspector. Such fines are imposed on employers per breach of the relevant provision, larger employers should note therefore that fines have the potential to be significant in the event of a number of breaches.
If an employer fails to pay a fine within 42 days, on referral to the WRC the WRC’s internal legal affairs committee may decide to proceed with prosecution against the employer for the offence. An employer convicted on summary conviction of any of these offences is liable for a fine currently of €2,500.
Fixed Payment Notices
The below table outlines the new and existing fines under the Regulations:
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OFFENCE BY AN EMPLOYER
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FINE
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Fails to initiate consultation with an employees’ representatives and provide the mandatory required information during a collective redundancy process.
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€2,000
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Fails to provide an employee with a written statement of the employee’s gross wages and the nature and amount of any deductions.
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€1,500
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Without reasonable cause, fails to provide an employee with a written statement of the employee’s terms of employment within 5 days of commencement of the employment or provides the employee with false or misleading information.
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€1,500
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Fails within 4 weeks of the employee’s request to provide an employee with a written statement of the employee’s average hourly rate of pay for a pay reference period.
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€1,500
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Fails to provide an employee with a written statement within 10 days of the date on which a distribution of tips or gratuities is made, detailing the total amount of tips or gratuities distributed by the employer for the relevant period generally and the tips or gratuities distributed to the particular employee.
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€750
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Fails to treat a service charge (including a mandatory charge) as a ‘tip’ where the employer has described the charge as a ‘service charge’ to the customer, or any similar or cognate term or where they have led the customer to believe that such ‘service charge’ or similar term will be distributed to employees.
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€750
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Fails to display a tips and gratuities notice.
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€500
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Fails to display a contract worker tips and gratuities notice.
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€500
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For further information please contact Barry O’Reilly (Solicitor) or your usual AMOSS contact.
