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19 February 2024

The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023 (the “Regulations”) which were published in January, detail employment law offences and their related ‘on the spot’ fines, which range from €500 to €2,000 per offence. The Regulations revoke existing regulations S.I.No.419/2015 and S.I.No.32/2017 and incorporate existing offences that were already subject to a Fixed Payment Notice (in lieu of prosecution), into a consolidated set of new regulations. Our Employment Law team explain below.

These ‘on the spot’ fines cover a variety of offences, including those surrounding tips under the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022. Offences such as failing to display a ‘tips and gratuities notice’ on the premises are now subject to a fine. These types of fines are intended to provide an additional layer of protection to ensure hospitality workers get the benefit of the tips they earn.

Employment related fines

Details of the fines which may be imposed on employers for breaches of employment legislation are provided below:

Tips and gratuities related fines

What do employers need to be aware of?

The Government announcement of the Regulations highlighted that Inspectors from the Workplace Relations Commission (“WRC”) will continue to visit businesses across Ireland to ensure they are operating in line with the legislation. If Inspectors find employers in breach, they may be liable for the fines detailed above. If the business does not make payment within 42 days, they will be referred to the WRC’s internal legal affairs committee, who will in turn determine whether to proceed to prosecution.

Get in touch

Our Employment Law team, led by Aoife Newton, can advise on how the changes brought in by the Regulations may impact your business and more generally, advise on WRC inspections. Please contact a member of the team for more information.

aoife newton

Aoife Newton

Head of Employment and Immigration Law