Employment Law Solicitors Dublin

Employment law issues we advise on

• Employment contracts

  Whilst parties are familiar with the requirements to be furnished with the terms of their employment, they are not strictly speaking required to furnish a full employment contract although it is best practice to do so and preferable.

• Company employment policies and procedures

  Under European and Irish law, company policies and procedures are required to be consistent with employment law regulations designed to protect and include workers from all backgrounds, as well as regulate employees’ obligations to their employer. Where the employment policies are not consistent with legislation then those clauses will be unenforceable.

• Employee vs. Self-Employed

  The distinction between whether a worker is an employee or self-employed is of great importance to determine a worker’s rights under employment law legislation. If a worker is classed as an employee, then they will have the protection of employment law legislation, including the Unfair Dismissals Act 1977. However, if a worker is classed as a self-employed contractor, they will not have the protection of the employment Acts.

• Minimum Notice and Terms of Employment

  Under Irish law there is law which sets out a minimum period of notice to be given when employers and employees want to terminate a contract of employment.

• General Employment Permits

  Individuals born outside the European Union (EU), European Economic Area (EEA), Switzerland, and the United Kingdom (UK) who wish to work in Ireland must secure a valid employment permit. However, navigating this process of employment permits is notorious for its complexities and challenges.

• Employment Law – Equality and Equal Status claims

  Discrimination is when a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the nine protected grounds.

• Workplace Bullying claims

  The issue of workplace bullying is an extremely serious one, due to the potential impact to employee’s physical and mental wellbeing. Unaddressed bullying in the workplace can create a hostile and toxic environment for all members of staff and can normalise inappropriate behaviours.

• Harassment and Sexual Harassment claims

  Harassment traditionally was limited to cases of direct contact between the victim and the harasser, such as constant unwanted visits or pestering. However, in more recent times the legal definition of harassment has been broadened to encompass indirect communication.

• Pregnancy Discrimination Claims

  In this article, our legal team delves into the various aspects of pregnancy protections in Ireland, including the legal framework, types of pregnancy discrimination, available remedies, and the importance of employers going beyond legal compliance to foster an inclusive and supportive workplace for pregnant women.

• Workplace Investigations

  Workplace investigations can have serious and long ranging consequences on the career and general well-being of the employee, and hence must be carried out with the utmost care to ensure that fair and unbiased procedures are followed. The principle of fairness should be at the heart of every stage of the investigation, and it is the employer’s duty to ensure that their employee’s rights are duly protected throughout the investigative process.

• Collective Bargaining agreements
• Pensions

  Pensions are a tax efficient savings plan which allows individuals to set aside part of their income, during their career, to provide an income for themselves after retirement. Pensions are deferred taxation. That is a sum of money from your salary is not taxed and is put in a pension which is rolled up tax free and then drawn down as retirement income in the future (and taxed at that point).

• Part-Time and Fixed-Term Employment

  Most employees are employed using a type of contract called a contract of indefinite duration. This means that the employee will remain employed until they resign from their position or are dismissed. There also exist other forms of employment contracts. The two that are discussed in this article are part-time and fixed-term employment.

• Health and Safety claims
• Accident at Work claims
• Employment Discrimination

  Employment discrimination in the workplace falls under the scope of the Employment Equality Acts 1998-2015. These acts are unique in that they not only protect employees, but also job applicants, independent contractors and employees with less than one year’s service.

• Unfair Dismissal claims

  In Ireland after 52 weeks service if you are dismissed the law presumes it to be unfair and it will be up to an employer to show that there were grounds justifying the dismissal.

• Constructive Dismissal claims

  “Constructive dismissal” is the term used where an employee is forced, by the behaviour or conduct of their employer, to quit their employment. This is contrasted with actual dismissal where the employer has terminated the employment. After 52 weeks the Unfair Dismissal Act applies. If the employer terminates the employment (actual dismissal) the burden of proof is on them to show the dismissal was reasonable. For a constructive dismissal claim, the burden of proof is on the person who has left to show that there were substantial grounds justifying the dismissal. This conduct must be of such a nature that it leaves the employee with no reasonable choice but to end the contract.

• Exit and Settlement Agreements

  Employment Settlement Agreements or compromise agreements are frequently signed where an employee is exiting a business.

• A Guide to Settlement Agreements in Ireland

  Settlement Agreements stand as a vital tool for resolving disputes outside the confines of the traditional court setting. These agreements are legally binding contracts that outline the terms and conditions agreed upon by parties involved in a dispute, usually with the goal of conflict resolution. Moreover, they can be proactively used to pre-emptively address and settle foreseeable disputes.

• Employment Injunctions

  Sometimes in disputes, it is advisable to apply to court for an injunction or injunctive relief. Put simply, an injunction is an order, made by the courts, that restricts the ability of an individual or a group to do something. Examples include prohibiting the sale of property, the publication of a statement, or access to a premises. Disobeying an injunction can cause an individual to be held in contempt of court. This comes with the possibility of a fine and/or imprisonment.

• Representation at the Workplace Relations Commission

  In this article, our primary focus is on the significance of legal representation during WRC hearings. These hearings can be conducted either in person or virtually, providing both employees and employers with a platform to present their cases and relevant evidence. An adjudication officer presides over the proceedings, overseeing the hearing and ultimately rendering a decision. It’s important to note that the legal binding nature of the decision can vary depending on the specific claim being pursued.

• Representation at the Labour Court
• Redundancy claims

  Redundancy, also known as being made redundant, happens when an employee loses their job due to organizational restructuring, business closure, or ownership changes. This situation should only occur when an employee’s role becomes unnecessary or ceases to exist within the company, resulting in their departure without being replaced by another individual.

• Workplace Disciplinary Actions
• Retirement and Forced Retirement

  When an employer wants to dismiss an employee before the age of retirement, they must have a legitimate aim. A legitimate aim is a reason other than just age to retire that employee. Legitimate aims include allowing younger workers to progress, creation of a balanced age structure, and health and safety. It must also be shown that dismissing an older employee is objectively justifiable to achieve that aim. For example, retiring a worker due to health and safety concerns in a desk job environment would be considered unnecessarily harsh, therefore no longer objectively justified.

• Training of HR staff on legal minefields
• Right to Work from Home

  As the law stands, there is no inherent right under Irish employment law to work from home. However, since the Covid-19 pandemic there has been a greater demand amongst the work force for greater flexibility in terms of working hours and locations. A new bill has been proposed which, if signed into law, would create a right to request to work remotely for employees. The Bill also proposes to place a responsibility on employers to adopt guidelines and procedures in relation to remote working. The Bill proposes a standard formalised procedure through which remote working requests must be dealt with, and creates a recourse for employees to the Workplace Relations Commission if the procedure is not followed.

• Protected Disclosures

  A protected disclosures are defined in the Protected Disclosure Act. It is a disclosure by an employee of a wrongdoing. This disclosure is required to be a wrongdoing in the reasonable belief of the worker and it ought to have come to the workers attention in the course or connection with their employment.

• Advice on Lawful Termination

  The first hurdle that any Human Resource (HR) department must overcome to ensure a lawful termination of employment is to establish fair and legally compliant grounds for termination. The importance of ensuring that the grounds are lawful cannot be overstated, because in the event of any legal proceedings initiated by the employee, the burden of proof falls on the employer to demonstrate that the dismissal was justified.

• Restraint of Trade Clauses in Employment Contracts: Safeguarding Business Interests

  Restrictive covenants, or restraint of trade clauses play a pivotal role in employment contracts. Crafting a lawful restrictive covenant requires maintaining the delicate balance between an employee’s right to pursue livelihood and an employer’s need to protect its legitimate business interests. At Setanta Solicitors, we offer comprehensive legal guidance to both employers and employees concerning the intricacies of restrictive covenants in employment contracts and whether they are legal and enforceable.