Vulnerable Employees
Vulnerable Employees
This guide outlines the law and employer obligations relating to certain groups of workers when their employment is affected by restructuring.
Groups of workers specified in Schedule 1A of the Employment Relations Act (“the Act”) commonly
referred to as vulnerable workers, have the right to elect to transfer to a new employer where
restructuring occurs.
Restructuring has a special meaning under the law and there is a complex set of criteria that must
exist before the law is triggered.
There are special redundancy rules that apply if the employer proposes to make an employee
redundant for reasons relating to the transfer of employees or to circumstances arising from the
transfer of the employees.
The Employment Relations Authority can in certain circumstances set redundancy payments and
notice periods.
If there is a technical redundancy provision in a vulnerable employee’s employment agreement and
they elect not to transfer, no redundancy compensation is payable.

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