A move to raise minimum rates of pay in the security industry has been stalled on foot of a legal action.

On 28 April, Damien English (Minister of State for Business, Employment and Retail) announced his intention to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration, and other terms and conditions in the sector.

The order was to apply from 1 September.

An ex-parte application to initiate legal proceedings challenging the underlying legislation in the High Court was lodged in late July. 

Stay

As part of the proceedings, the High Court has placed a stay on the minister, which stops him from making the order. 

The Department for Enterprise, Trade and Employment is currently taking legal advice on the matter. 

All employees and employers in the security sector have been told that statutory minimum rates of pay, and other terms and conditions in the sector will remain unchanged until legal issues have been resolved.

The proposal would have provided for a new rate of pay of €12.05 per hour from 1 June 2021, €12.50 per hour from 1 June 2022, and €12.90 per hour from 1 June 2023.

Unsocial hours

An unsocial hours premium of €8.40 per shift is planned for hours worked between 9pm and 7am, provided the worker puts in at least three hours in that period.

Those under 18 will earn not less than 70% of the rate specified.

Overtime rates apply to all hours worked more than an average of 48 hours per week in the roster cycle, and will be paid at a rate of time and a half.

The Labour Court also agreed new procedures in relation to annual leave, working hours, rest periods and breaks.