1. Introduction
Section 5 of the Terms of Employment (Information) Act 1994 requires that any change to the particulars provided under Section 3 be notified to the employee in writing within one month of the change taking effect. The obligation applies whether the change is a unilateral employer decision, a negotiated variation, or a statutory adjustment.
This article considers the scope of Section 5, the form and content of the notification, and the practical implications for employers managing organisational change.
2. Legislation and Case Law
Section 5(1) of the 1994 Act provides that whenever a change is made to any particular of the statement furnished under Section 3, the employer shall notify the employee in writing of the nature and date of the change not later than one month after the change takes effect.
Section 5(2) excludes certain changes from the notification requirement, including changes that result from the operation of legislation, statutory instruments, registered employment agreements or employment regulation orders.
Section 7 of the Act provides for compensation of up to four weeks’ remuneration where a complaint under Section 5 is upheld. The compensation is in addition to any award under Section 3.
The Labour Court in O’Connor v Wexford County Council TED1815 held that the Section 5 notification must clearly identify the particular changed and the date of the change. A general communication about workplace changes will not satisfy the requirement if the impact on individual terms is not addressed.
3. Decision
The WRC will examine whether the employer notified the employee of changes within the one-month period, in writing, and with sufficient particularity to identify the changes made.
Common breaches include changes to job title, reporting line, location, working hours or pay being implemented without formal written notification. Verbal notifications, however clear, do not satisfy Section 5.
Compensation under Section 7 reflects the breach. Awards typically range from one week to four weeks’ remuneration depending on the materiality of the unnotified change.
4. Takeaway
Employers should adopt a Section 5 notification template and issue it whenever a change is made to any term notified under Section 3. The template should identify the particular changed, the new term, and the effective date.
Employees who have experienced unnotified changes should preserve evidence of the original terms and the changed practice. Even where the change is otherwise lawful, the failure to notify is a separate breach attracting separate compensation.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
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