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Penalisation under the Safety, Health and Welfare at Work Act 2005

kevin — Thu, 25 Jun 2026 16:48:58 +0000

An employers most solemn duty is to provide a safe place of work. Arguably all employment protection law is a manifestation of this responsibility. Section 8 of the Safety, Health and Welfare at Work Act 2005 codifies this duty and refers to the management of work activities to prevent improper conduct or behaviours likely to put the safety, health and welfare at work of employees at risk.

The Safety, Health and Welfare at Work Act was implemented to protect workers, put responsibility on employers and replace outdated law. It replaced the previous act of 1989. It aims to prevent workplace accidents and illnesses. It ensures employers implement necessary safety measures as well as conduct risk assessments.

Acts or Omissions

Section 27 relates to protection of employees against dismissal and penalisation.

Penalisation may include any

Act or
Omission

An overt act of penalisation may be obvious for example; A demotion, redundancy or dismissal. However, what is less obvious and no less impactful is omission of an employer to take steps to prevent improper conduct or behaviours likely to put the safety, health and welfare at work of employees at risk.

Paul O’Neill v Toni and Guy Blackrock Ltd (2010) is a case of note as it establishes the test.

The employee must prove there was a protected act e.g. making a complaint about health and safety.
The employee must prove they have suffered detriment due to making the complaint. This may include for example, being dismissed for raising a health and safety issue similarly to Paul O’Neill v Toni and Guy Blackrock Ltd (2010).
The employee must prove the detriment suffered was a result of the protected act. There must be a causal link between the detriment caused and the complaint. The test for this is the ‘but for’ test.

As was noted by the Labour Court in Byrne-Hoey v Hyde and seek Glasvenin (PDD218 – 20 October 2021): “In the 2005 Act, what constitutes a protected act is extremely broad, see Stobart Ireland v. Keith Carroll (2013) 24 E.L.R. 77. The two Acts are different and have wholly different purposes

Acts of Omission

Section 27 of the Act outlines “penalisation” as any act or omission by the employer that affects the employee’s detriment, with respect to any term/condition of their employment. This also includes anyone acting on behalf of the employer. It protects employees from being penalised for exercising their rights. Employees may bring complaints regarding penalisation to the WRC.

It covers acts leading to the detriment of employee’s welfare as well as the failure to act with preventive measures (omissions).

It is in this author’s view an underdeveloped area of law in that in practice penalisation is normally much more subtle than overt and direct acts of penalisation but may in fact be acts of omission that lead to the employee being subjected over a long period of time to a hostile and uncomfortable workplace which may include;

Not activating bullying or harassment procedures
Failing to investigate a matter in good time
Restating the grievance and dealing with the adjusted grievance instead of the actual grievance raised.
Utilising delay to allow the hostile work environment and poor treatment to continue
Failing to carry out appropriate workplace assessments or pregnancy risk assessments.

Accrued Service

In contrast to redress for unfair dismissal under the 1977 Act, the 2005 Act imposes no minimum service time of 12 months, or any time limit.

Potential Criminal Penalties

Breaches of the health and safety acts are potential criminal offences. Section 77 outlines all the offences and section 78 the penalties.

Under section 78 a person is liable;

on summary conviction to a fine not exceeding €3,000 or imprisonment for a term under 6 months or both, or
On conviction on indictment to a fine not exceeding €3,000,000 or imprisonment for a term under 2 years or both.

Appropriate Redress in the WRC

Under Section 28 a complaint can be referred to the WRC. The Adjudication officer may direct payment of such compensation as the Adjudicator considers just and equitable in all the circumstances.

The WRC has held these breaches are serious obligations but there is a wide variance in awards and approaches between various decision makers ;

In Darrell Donnelly https://www.workplacerelations.ie/en/cases/2024/february/adj-00043107.html Adjudication Officer Ewa Sobanska in making an award of held that Section 27 of the Safety Health and Welfare at Work Act, 2005 prohibits acts of penalisation (as defined in section 27(2)) in response to the employee’s conduct as defined in section 27(3) The Complainant was subjected to change of location of place of work and transfer of duties and he was suspended and ultimately forced to resign and seek other employment for making complaints about the ongoing public and employee health issue with mouse infestation and the failure of the company to resolve the problem or deal honestly with the public health authorities. Penalisation is a very serious matter which should be marked with a substantial award of compensation. The officer was satisfied that the amount of compensation which was just and equitable having regard to the circumstances was €30,000. The Complainants gross pay was €3,166 per month in that case.
In Gilciene Neves https://workplacerelations.ie/en/cases/2026/adj-00061617.html Adjudicator Seamus Clinton awarded €2,500 to a self-represented individual.
In https://workplacerelations.ie/en/cases/2025/november/adj-00054834.html Adjudicator Roger McGrath awarded €15,000 to Cian Donohoe -v- Cavan County Council where the complainant submitted a letter invoking a formal grievance referring to a continuum of negative treatment.
In https://workplacerelations.ie/en/cases/2025/november/adj-00053592.html Adjudicator Elizabeth Spelman awarded €114.30 9 hours remuneration for financial loss suffered.
In https://workplacerelations.ie/en/cases/2025/october/adj-00046085.html Adjudicator Brian Dalton awarded 6 months salary where a dismissal occurred for having made a safety complaint.
In https://workplacerelations.ie/en/cases/2025/august/adj-00047114.html Adjudicator Penelope McGrath awarded €7,500 for a summary dismissal as retaliation or penalisation for having made a complaint to the HAS to a part time worker on minimum wage.

Conclusion

The law in this area is not well settled, and a comprehensive updated judgment would be of use to practitioners as the reliance on Tony and Guy as the seminal case did not rely on the Act for guidance on compensation.

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Are Employees Entitled to Legal Representation at Disciplinary Hearings?

kevin — Wed, 15 Oct 2025 21:51:48 +0000

A frequent issue that arises in practice is the right to legal representation at workplace investigations and disciplinary hearings.

It is typical for an employee to have the right to be accompanied by a colleague or a trade union representative but the right or other wise to legal representation has been canvassed in the Supreme Court in McKelvey v Iarnród Éireann (2019).

Background to Case

Mr McKelvey was employed by Iarnród Éireann and was subject to disciplinary hearings in relation to irregular purchases on a company fuel card. Mr McKelvey requested legal representation for his disciplinary hearings. but Iarnród Eireann denied this request.

Iarnród Éireann’s Disciplinary Code only allowed an employee to be represented in disciplinary hearings by a fellow employee or trade union representative. This was ostensibly put forward on the rationale that the persons involved will all have a similar level of competence, as they are all aware of the ongoings within their place of employment.

Mr McKelvey sought to bring an injunction in the High Court against these disciplinary proceedings on the basis that he should be entitled to legal representation.

Journey through the Superior Courts

In an unreported judgement, the High Court reached the conclusion that Mr McKelvey was entitled to legal representation in his disciplinary hearing with Iarnród Eireann.

The Court of Appeal reversed the decision of the High Court. The case was then appealed to the Supreme Court, as it was considered to be a matter of general public importance.

Decision of the Supreme Court

In the Supreme Court, Chief Justice Clarke upheld the decision of the Court of Appeal that persons were not automatically entitled to legal representation in employment situations.

He based his decision of the case Burns v Governor Castlerea Prison, where the same question was raised. The point was made that no person is entitled to legal representation in disciplinary hearings unless, “in all circumstances it would be required by the principles of constitutional justice.”

Judgement of Mr Justice Clarke, Chief Justice

Legal Principles

In Burns v Governor of Castlerea Prison, it was held that there was no entitlement to legal representation in disciplinary hearings, unless in certain circumstances where, the process is producing a completely unfair outcome for that person.

Geoghegan J in the Burns case set out a 6 point test that may allow entitlement to legal representation:

“The seriousness of the charge and the potential penalty;
Whether any points of law are likely to arise;
The capacity of a particular prisoner to present his own case;
Procedural difficulty;
The need for reasonable speed in making the adjudication, that being an important consideration;
The need for fairness as between prisoners and as between prisoner officers.”

The court will only intervene in disciplinary hearings if the legal representation is required due to the above factors.

In Burns, Geoghegan states that is “it is wholly undesirable to involve legal representation unless in all the circumstances it would be required by the principles of constitutional justice.” This falls in line with the WRC Code of Practice.

Chief Justice Clarke emphasised that legal representation may only be allowed if it is necessary to ensure a fair legal process. He made it clear that the legal representation is not allowed if it is only adding some value to an already fairly followed disciplinary hearing. It is only permitted when the person is not being represented fairly within their disciplinary hearing.

He also mades the point that disciplinary processes should not be treated as a criminal trial. It is, however, essential that the person subjected to the disciplinary hearing is given the opportunity, along with their trade union representative to challenge the evidence issued at the hearing. In Mr McKelvey’s situation, Chief Justice Clarke was confident that there are no difficulties in law or complicated facts. Therefore, there was no need for him to have legal representation.

Conclusion

The principle as set out does not disentitle legal representation. It will be permissible where it is necessary to ensure a fair procedure and outcome.

Section 42 of the Industrial Relations Act 1990 sets out a code of practice on disciplinary proceedings.

An employee has the right to know the allegations of which they are accused.
An employee has the right to respond to and challenge any of the allegations.
They have the right to be represented but the code does not mention any right to legal representation.
This is the code of practice the WRC follows.

It is important to note that the decisions in Burns and McKelvey relate to the right to be accompanied by a legal representative in a hearing, and not to the right to seek legal advice to assist you with a disciplinary matter. Again, we have seen in practice employers seek to ignore solicitors’ correspondence and to seek to communicate with the employee solely. The WRC in stated decisions have adopted a dim view of such practices. Being excluded from a meeting and being excluded from being represented in correspondence are distinct matters.

It also does not stop an employer at their discretion allowing a legal representative to attend a hearing.

If you are going through a disciplinary or grievance procedure at work, Setanta Solicitors can assist. Please contact a member of our team to book a consultation with one of our specialist Employment Law solicitors (info@setantasolicitors.ie).

Note: This blog post is for information purposes only and does not constitute legal advice.

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Professional Negligence

kevin — Mon, 13 Oct 2025 12:32:31 +0000

Professionals owe both contractual duties and a duty of care to their clients. In Ireland, a professional negligence claim arises when a professional breaches the duty of care owed to a client, resulting in loss or damage. Such a breach may occur if the professional fails to fulfil their responsibilities, whether by providing incorrect advice, not following instructions correctly, or making errors in legal documents. It is important to note that claims must be brought within 6 years of the date the breach occurred.

Elements of a Claim

For a professional negligence claim to succeed, a claimant must demonstrate:

The professional owed them a duty of care;
This duty of care was breached;
Actual financial loss was suffered because of the breach.

The burden of proof rests with the claimant in these circumstances.

Key Elements of a Professional Negligence Claim

Existence of a Duty of Care

The professional must owe a duty of care to the claimant. This duty arises when the law recognises that one party has a responsibility towards the other. This is established by the existence of a contractual or professional relationship.

Standard of Care

The standard of care expected is that of a reasonably careful member in that profession. In Roche v Peilow[1], the Supreme Court confirmed that compliance with usual professional standards is an important factor when assessing if a professional has met the required standard of care. If a professional can show that they followed what is normally done in their profession, they may not be held liable for professional negligence.

Breach of Duty

The claimant must prove the professional breached the standard of care of a competent practitioner in their field. This is judged against the standards of a reasonable, competent professional in that field.

Causation

In a professional negligence claim, it is not enough to show that the professional just made a mistake. The client must also prove that the professional’s mistake caused the harm. The claimant must prove that, ‘but for’ the professional’s mistake, the loss would not have occurred. If the loss would have happened anyway, the claim will likely fail.

Loss or Damage

The client must have suffered actual reasonably foreseeable harm or financial loss as a direct result of the professional’s conduct. The client must demonstrate that if the professional had not breached the standard of care, the loss or harm would not have happened.

[1] Roche v Peilow [1986] ILRM 189 (SC

Defences

A professional may defend a professional negligence claim by establishing that one or more elements of negligence were absent.

Contributory Negligence

The defence of contributory negligence applies when the client has contributed to their own loss. After suffering a loss, a claimant is expected to act reasonably to mitigate or reduce further harm. Failure to do so can reduce the damages awarded.

The burden of proving that a claimant has failed to take reasonable steps to reduce their losses lies with the professional.

To succeed, the professional must demonstrate:

The claimant could have taken reasonable steps to reduce the loss;
The claimant unreasonably failed to do so;
This failure caused avoidable or additional losses.

This arose in the case of Conway v Irish National Teachers’ Organisation[2], where the court found a failure to mitigate when the claimant, who was dismissed from their job, failed to seek alternative work.

If the professional can prove that the claimant would have acted the same way, regardless of the advice given, their liability may be negated.

[2] Conway v Irish National Teachers’ Organisation [1991] 2 IR 305.

Expert Opinion

Expert opinions are often sought to assess whether the professional met the required standard of care. Experts prepare reports which may be provided as evidence in court, and they may be called to give oral testimony.

Alternative Dispute Resolution (ADR)

To avoid costly litigation, professional negligence claims often use ADR methods such as mediation, adjudication and arbitration.

Frequent Professional Negligence Claims against Solicitors

Solicitors could find themselves being sued for professional negligence in several instances. Understanding the common pitfalls can assist both clients and solicitors be aware of the risks involved.

Giving Advice

A solicitor may be liable if they give incorrect advice on a clear and established point of law. If the law is more complex, the advice provided may not lead to liability.

Breach of a contractual obligation may give rise to a claim for breach of contract, rather than negligence.

Failing to give advice

Solicitors may be held liable for failing to provide relevant and timely advice, especially when the advice is critical to the client’s decision-making. This also includes failing to make appropriate enquiries that would have revealed important information.

Negligence in Litigation

If a solicitor fails to commence proceedings within the statute of limitations, they may be held liable for professional negligence.

Probate Matters

Many claims arise from mistakes in probate. A solicitor may be held liable for failing to properly administer an estate, or for failing to draft or protect a will. These oversights can lead to delays and financial losses for beneficiaries.

A Solicitor’s Undertaking

Undertakings are a common source of professional negligence claims, and solicitors must exercise extreme care when giving them. An undertaking is a formal promise by a solicitor to another party, often to another solicitor or financial institution, to perform a specific task on behalf of their client. Undertakings include holding funds on trust or discharging a mortgage.

Buying and Selling Property

Conveyancing is a frequent area where professional negligence claims arise. Mistakes such as losing title deeds, failing to advise clients about planning permission or neglecting to register charges on a property with the Land Registry can cause severe financial harm. For example, if a solicitor misplaces the title deeds for a property being sold, the client may experience serious delays or even lose the opportunity to purchase their next home.

If you have any issue as to how professional negligence could affect you or your company, or how future changes will, please do not hesitate to contact Setanta Solicitors (info@setantasolicitors.ie).

Note: This blog post is for information purposes only and does not constitute legal advice.

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Debt Collection and Enforcement Proceedings

kevin — Thu, 28 Aug 2025 14:54:42 +0000

If a Creditor is owed money, they can request that money, from their Debtor. A creditor should not harass or intimidate the Debtor in pursuit of a debt. Creditors who do so may be exposed to criticism which could undermine their recovery.

The Courts are available to a Creditor seeking repayment. Generally a creditor has six years to enforce a contractual agreement from the date of the contract.

Consumer Credit legislation

Consumer Credit Legislation exists in Ireland. The main legislation is The Consumer Credit Act 1995 and the European Communities (Consumer Credit Agreements) Regulations 2010.

This is a law designed to protect consumers. It regulates certain agreements such as hire-purchase agreements, and other credit related services. It is regulated by the Central bank of Ireland. There is a Director of Consumer Affairs to enforce the rules.

Court Procedures

Court procedures differ depending on the Court.

In the District Court if the amount at issue is under €15,000,
In the Circuit Court if the amount at issue is under €75,000,
In the High Court if the amount at issue is over €75,000.

Judgment

If successful, a Creditor obtains a judgment in their favour.

Enforcing a Judgment – Types of Enforcement

Statute of Limitations for enforcement of a judgment.

Creditors have 12 years from the date of a judgment to enforce the judgment.

1. Registration of a judgment

A Creditor can register a judgment in the Court Office. Judgments from the District Court, the Circuit Court and the High Court may all be registered. Registering a judgment does not directly enforce a judgment. It publicises the fact that there is a judgment registered against a Debtor. The Debtor may find it difficult to borrow once a judgment is registered and it will appear in searches against that Debtor.

Lists of judgments are published by credit reference agencies (for example, in Stubbs Gazette and some newspapers).

Before registering a judgment, the Creditor must inform the Debtor that they intend to register a judgment and give the Debtor an opportunity to pay the debt subject to the judgment.

2. Execution against goods

Execution against goods is one of the main ways of enforcing a judgment. A Creditor may direct the Sheriff or County Registrar to seize the Debtor’s goods and sell them in order to satisfy the debt.

In the High Court, the order directing the seizure of goods is known as an order of “fieri facias” or “fifa”,
In the Circuit Court, the order is known as an execution order against goods,
In the District Court, the court’s judgment or decree itself is sent to the Sheriff or County Registrar for execution.

3. Instalment orders

Instalment orders are governed by the Enforcement of Court Orders Acts 1926 – 2009 and Order 53 of the District Court Rules.

A Creditor may apply to the District Court, in the district where the Debtor lives, to have the Debtor attend the Court in order to establish their means. The Judge may then order payment in full or payment in instalments, taking account of the Debtors’ financial circumstances.

4. Failure to meet an Instalment order

If the Debtor fails to pay an instalment order, the Creditor may seek a committal order. This is an application to Court to commit the Debtor to prison.

5. Attachment of earnings

Attachment of earnings is used only in family law contexts They apply to orders of maintenance of spouses and children.

6. Judgment mortgage

The Creditor may register a charge against a property owned by a Debtor. A Debtor will have to pay off the judgment mortgage when the property is sold.

7. Attachment of a debt/Garnishee

If a Debtor owes money to a Creditor, and a third party owes money to a Debtor, then the Creditor may apply for an order which assigns to the Creditor that third party obligation to the benefit of the Creditor. This is known as a garnishee order. Generally, it is used only in cases where there are no goods to be seized to satisfy the judgment.

8. Appointment of a Receiver

A Receiver may be appointed over assets or over future income such as rents, income of a trust fund or a pension. The law in this area is complex but it seems that a Receiver cannot be appointed over future earnings.

9. Bankruptcy

If the Debtor is unable to pay their debts, they may petition the High Court to be declared bankrupt. Alternatively, the Creditor may apply to have the Debtor declared bankrupt if certain conditions are met.

If you have any queries as to enforcing a debt or are subject to an enforcement application please do not hesitate to contact Setanta Solicitors (info@setantasolicitors.ie).

Note: This blog post is for information purposes only and does not constitute legal advice.

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Shareholders’ Agreements

kevin — Tue, 12 Aug 2025 16:56:19 +0000

What is a Shareholders Agreement?

Companies are owned by shareholders. Shareholders have a percentage of the issued shares. The shareholders vote in proportion to their shareholding. In business it is common to have more than one shareholder. However, if the shareholders disagree it is very important to have a shareholders agreement to reduce any disputes. It is advisable to set this up early (in or around the incorporation of the company) when the parties are optimistic and will be in a relaxed position to agree the terms of business between them.

A Shareholders’ agreement is a contract which creates rights and obligations for shareholders beyond the basic rights in company law or in a company’s constitution and it is designed to safeguard the rights and interests of the shareholders within a company.

This agreement is legally binding and applies only to the parties involved, creating a formal contractual relationship between them. The parties to a shareholders’ agreement may be all a company’s shareholders. The company itself is often joined as a party to the agreement.

Multiple Shareholders Agreements

A company can have more than one Shareholders’ agreement in place at the same time. In such circumstances, the agreements should not conflict with each other.

The content of a shareholders’ agreement changes considerably depending on the nature of the company. A shareholders’ agreement for a venture capital backed start-up company is very different to a shareholders’ agreement for a joint venture company.

What is the difference between a Shareholders’ Agreement and company by-laws?

A Shareholder Agreement is a private contract among the shareholders of a company and its content can be kept confidential. On the other hand, the Company Constitution is a public document that outlines the broader internal rules and regulations of a company and applies to everyone associated with the company. Unlike company by-laws, which are mandatory under the law, the Shareholders’ Agreement is an optional agreement entered into between some or all of the shareholders in a company.

Aim of a Shareholders’ Agreement?

The goal of a Shareholders’ Agreement is to provide a framework for decision-making, protect minority shareholders, regulate the transfer of shares, and ensure the smooth operation of the company.

When to create a Shareholders’ Agreement?

The Shareholders can enter into this Agreement at any time before or after the commencement of the Company.

What can be the duration of a Shareholders’ Agreement?

There is no fixed duration for the Shareholder Agreement. The duration can be fixed under the Shareholder Agreement such as for a fixed period, conditional termination, or upon closure of the company.

Who can enter into a Shareholder Agreement?

Any individual above the age of 18 years or legal entity who is also a shareholder in the company the Shareholder Agreement is related to.

Is it mandatory to have a Shareholder Agreement?

No, it is not mandatory. However, it provides clarity on the roles, responsibilities, and expectations of shareholders and helps prevent disputes in future.

What to include in a Shareholders’ Agreement?

Common rights and obligations in shareholders’ agreements include:

Shareholder investment and Director Loans
Salaries for the Shareholders if any
Provision for Dividends
Incapacity/ Probate / Legacy Clauses
the issue and transfer of shares,
the composition of the board of directors,
minority investor blocking rights,
restrictive covenants and
dispute resolution mechanisms.

A number of other clauses can also be entered into the Shareholders’ Agreement, such as:

A “First Refusal” clause:

This means that Shareholders are not allowed to sell their shares to an outsider without first offering them to the other parties involved in this Agreement.

A Drag-Along clause:

This gives majority Shareholders (a pre-determined percentage of Shareholders) who wish to sell their shares to an unrelated third-party, the right to force the remaining shareholders to sell their shares on the same terms.

A Tag-Along Rights clause:

This provides “co-sale rights” to the Shareholders. Generally, this clause is used to protect the minority shareholders of the Company. Thus, if majority shareholders sell their stake, it gives the minority shareholder the right to join the transaction and sell their minority stake in the Company.

An anti-dilution provision:

This helps protect the shareholders of a company by maintaining the size of their ownership stake in the company when new shares are issued. Without an anti-dilution clause, existing shareholders may experience a decrease in their ownership percentage and a decrease in the value of their shares.

Is it necessary to have witnesses for a Shareholders’ Agreement?

No, it is not mandatory under the law. However, having two witnesses above the age of 18 years will add to the credibility of the Shareholders’ Agreement and help in resolving the disputes in future.

Can a Shareholders’ Agreement be terminated?

Yes, a Shareholder Agreement can be terminated. The Shareholder Agreement is mainly terminated on the following grounds:

Mutual agreement between parties.
A material breach of the agreement by one or more shareholders
Dissolution of the company
Unforeseen circumstances where the agreement cannot be continued (force majeure event).

If you have any issue as to how current Media law affects you or your company, or how future changes will, please do not hesitate to contact Setanta Solicitors (info@setantasolicitors.ie).

Note: This blog post is for information purposes only and does not constitute legal advice.

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A Closer Look at the 2024 Defamation Reform Bill

kevin — Fri, 06 Jun 2025 10:24:52 +0000

A Closer Look at the 2024 Defamation Reform Bill, Which Completed the Committee Stage on April 30th, 2025.

The Defamation (Amendment) Bill 2024 represents a significant shift in Irish Media Law. As of 30 April 2025, the Bill has completed Committee Stage in Dáil Éireann, clearing a major legislative hurdle.

Despite opposition efforts to retain jury trials, an amendment to preserve them was defeated by 86 votes to 64 in the Dáil. The Bill now proceeds toward its Fourth Stage, with strong Government backing and the Minister for Justice confirming that additional reforms may yet be added.

In this article, our legal team at Setanta Solicitors will explain the significance of this reform and provide a brief overview of the debate sparked by the Bill.

Abolishing Juries; The Support and The Criticism

The most drastic reform under the 2024 Defamation Reform Bill is the abolition of jury trials in High Court defamation actions. The Bill (Section 4) proposes that all defamation actions in the High Court, and any issue of fact arising from them, be tried without a jury if they are instituted after the law’s commencement. It also explicitly amends or removes references to jury trials across the current 2009 Act^[1], signalling a complete procedural shift toward judge-only adjudication.

Under current Irish law, defamation is the only area of civil law where jury trials are still the default. Going back to 19th-century legal practice, juries have made the decisions as to whether a statement is defamatory, whether defences such as truth or malice apply, and what number of damages should be awarded. A change as radical as this took a lot of political momentum which reflects growing concern about the spiralling costs and delays of defamation litigation in Ireland.

The Law Reform Commission^[2], have argued that juries often lack the expertise needed to navigate complex defamation principles and therefore damage awards can be imprecise, inconsistent and sometimes excessive. These critics cite cases such as Leech v Independent Newspapers ^[3], where the Supreme Court overturned a jury award of €1.87 million, characterising it as disproportionate. Furthermore, the European Court of Human Rights has echoed this concern, noting that unpredictably large damages’ awards in Irish defamation cases are considered capable of having a chilling effect on freedom of expression and therefore require the most careful scrutiny.^[4]

Furthermore, concerns arise from a core feature of the jury system: the anonymity of jury deliberations. While this preserves the independence of juries, the absence of reasoned verdicts makes appellate review more difficult and can lead to inconsistency. Critics argue that this opacity has undermined the principled development of Irish defamation law.

Proponents of the Defamation (Amendment) Bill 2024 also often cite the prohibitive cost of jury trials as a key reason to remove juries from defamation proceedings. According to the Index on Censorship, a typical High Court defamation trial can cost each party between €100,000 and €500,000.^[5] Factors such as voir dire, prolonged pre-trial preparation, and multi-day jury trials undeniably contribute to inflated legal fees and pressure parties toward late-stage settlements, sometimes irrespective of a claim’s actual merits.

However, the assumption that abolishing juries will significantly reduce litigation costs is highly contestable. Rising legal costs are not unique to defamation trials but represent a systemic trend across Irish civil litigation. From personal injuries and commercial disputes to family law cases, expenses have continued to escalate even though these matters are already tried without juries. The presence of a jury, therefore, is not the primary driver of unaffordability. Indeed, this trend runs in parallel with broader government efforts to curb liability and compensation levels.^[6] A clear example is the Judicial Council’s Personal Injuries Guidelines (2021), which substantially reduced damages in personal injuries cases, yet legal costs in that field remain high. This suggests that reducing awards and removing juries may do little to alleviate the financial burdens on litigants. Instead, such measures may simply diminish access to justice without delivering meaningful cost savings.

Therefore, looking at the jury reform in Defamation cases within the trend of reducing damages and rising legal fees across civil litigation raises important questions about access to justice. While the more modest judge-decided awards may serve the State’s interest in deterring vexatious litigation, they also risk failing to recognise the full impact on genuine claimants. This tension is particularly acute in defamation, where harm often extends beyond the financial and strikes at a person’s dignity, identity, and public standing.

Beyond issues with damages, critics, including former High Court judge Bernard Barton, have labelled the change “inherently undemocratic,” arguing that the public should play a role in judging reputational harm, as it is something inherently linked to societal values.^[7] Therefore, there is genuine concern that the move may erode public trust in the fairness of defamation law. If judges alone decide what counts as reputational harm, and how much it’s worth, there may be a perceived (or real) loss of neutrality, especially in politically sensitive or media-driven cases.

Importantly, the 2024 defamation refom Bill also introduces formal alternative dispute resolution (ADR) mechanisms, encouraging pre-litigation resolution of claims outside of the courtroom, including via mediation. This echoes developments across European jurisdictions where defamation is increasingly treated as a rights-balancing issue rather than a vehicle for punitive damage. While ADR can promote efficiency and avoid adversarial courtroom battles, it also raises a deeper question: Should a person who is publicly defamed be diverted into a system designed for compromise, rather than vindication?

The Gerry Adams Case: A Timely Example of the debate

The recent High Court defamation case involving Gerry Adams highlights the issues the Bill aims to address. Adams was awarded €250,000 in legal costs and €50,000 in damages after a jury found a national broadcaster had defamed him.^[8] However, this was later subject to criticism and review, with many seeing these awards as excessive.

Critics of the current system argue that such outcomes reflect the unpredictability and volatility of jury awards, which can vary widely even in similar cases and contend that judge-led assessments would offer greater consistency, transparency, and proportionality, leading to less controversy.

However, others point out that this case, like many defamation actions, spanned multiple years, with extensive pre-trial preparation and courtroom time. Legal fees in such drawn-out cases can easily eclipse the high damages awarded, meaning that even a claimant who “wins” may do so at significant cost. From this perspective, the problem lies not with the jury, but with the structure and economics of modern litigation.

If the Bill is enacted, high-profile cases like Adams’s would no longer be subject to headline-grabbing jury awards, but instead to more modest and judicially reasoned assessments. While this may enhance predictability, it raises questions about whether such streamlined justice comes at the cost of public participation and the symbolic weight juries carry in vindicating a person’s reputation.

The Adams case underscores both sides of the reform debate: the need for greater procedural control and cost management on the one hand, and the risk of diluting the expressive, democratic function of defamation law on the other.

Other Provisions, introduced by the Bill; SLAPP Protection and Corporate Defamation Claims

While much of the discussion surrounding the bill has surrounded the reform of the jury trial, the Bill also introduces key reforms aimed at protecting public participation and reducing abuse of legal process through Strategic Lawsuits Against Public Participation (SLAPPs). These are legal threats or actions designed not to vindicate reputation but to intimidate critics, particularly journalists, NGOs, and whistleblowers.

The Bill adopts provisions from the EU’s anti-SLAPP Directive (EU 2024/1069), allowing courts to strike out clearly unfounded claims early and declare them SLAPPs where bad-faith tactics are evident, such as harassment, delay, or disproportionate claims. Further amendments are also expected as the Bill progresses to ensure full transposition of the directive, including the potential to provide for damages in favour of SLAPP targets, where they have suffered personal, reputational or financial harm due to vexatious litigation tactics.^[9]

In addition, the Bill introduces a “serious harm” test for corporate defamation claims, requiring companies to show not just reputational damage but the likelihood of serious financial loss. This test aims to act as an early filtering mechanism, preventing large commercial entities from using defamation law to suppress scrutiny or debate, particularly in cases involving journalists, consumer advocates, or campaigners.

In line with a broader emphasis on reducing adversarial litigation, the Bill introduces a measure to support alternative dispute resolution (ADR). Specifically, it provides that any time spent pursuing ADR will now be disregarded for the purpose of limitation periods under the Bill. This ensures that parties who opt for ADR are not penalised by delay in filing formal defamation actions.

Finally, the Bill addresses the increasing prevalence of online defamation and anonymity, particularly on social media platforms and comment sections. A new Section 45 of the Defamation Act will empower the Circuit Court (only) to grant identification orders, enabling the unmasking of anonymous online users where necessary.

However, the provision also contains procedural safeguards to ensure that the right to anonymity is not undermined lightly. Courts must be satisfied that the applicant has a prima facie defamation case and that the disclosure is necessary and proportionate, in line with rights under the Constitution and the European Convention on Human Rights.

^[1]The Defamation Act 2009

^[2] Law Reform Commission’s 1991 Report on the Civil Law of Defamation (LRC 38-1991) Ch 11.

^[3] Leech v Independent Newspapers [2015] IESC 79

^[4] Independent Newspapers (Ireland) Ltd v Ireland App no 28199/15 (ECtHR, 15 June 2017) para 85.

^[5] New report: Juries in defamation cases in Ireland – Index on Censorship

^[6] https://www.independent.ie/business/irish/insurance-report-shows-legal-costs-rising-even-as-awards-fall/a1794424793.html

^[7] https://www.irishexaminer.com/news/arid-41165959.html

^[8] BBC must pay €50,000 damages and €250,000 legal costs to Gerry Adams pending appeal in defamation case – The Irish Times

^[9] See Minister for Justice Helen McEntee TD Defamation (Amendment) Bill 2024: Committee Stage – Dáil Éireann (34th Dáil) – Wednesday, 30 Apr 2025 – Houses of the Oireachtas

Conclusion

With the Committee Stage complete and a Dáil vote supporting the abolition of juries, the Defamation (Amendment) Bill 2024 is on track to become law in 2025, marking a decisive shift in Irish defamation law. The abolition of juries, tighter regulation of corporate claims, anti-SLAPP protections, and expanded ADR options represent a movement aimed at modernising media law. However, whether this shift will erode or enhance public confidence in the justice system remains to be seen.

If you have any issue as to how current Media law affects you or your company, or how future changes will, please do not hesitate to contact Setanta Solicitors (info@setantasolicitors.ie).

Note: This blog post is for information purposes only and does not constitute legal advice.

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Irish Whistleblowing Law After 2023: Impacts and Insights from Recent Government Reports

kevin — Thu, 22 May 2025 16:25:17 +0000

Irish whistleblowing law has undergone a significant transformation with the Protected Disclosures (Amendment) Act 2022, which took effect on January 1, 2023. These reforms have improved protections for whistle blowers and aim to increase transparency and accountability across both the public and private sectors.

These changes have also led to substantial real-world impacts. In this article, Setanta Solicitors breaks down key developments through case studies and recent reports, highlighting how the strengthened whistle blower protections are shaping workplaces and regulatory enforcement in Ireland. We’ll also examine what these changes mean for both employers and employees, whether they are handling whistleblowing claims or considering making a disclosure themselves.

The Evolution of Irish Whistle Blower Protection Framework

Background

Ireland created its first proper whistle blower protection framework with the Protected Disclosures Act 2014. This legislation aimed to encourage and protect those who speak up about potential wrongdoing in their workplace. There was then further development with the introduction of the Protected Disclosures (Amendment) Act 2022, which transposed to the EU Directive (EU) 2019/1937 into Irish law. This further improved the protections available to whistle blowers and created new obligations for employers.

Key Changes in the 2022 Amendment Act

Introduction of the Office of the Protected Disclosures Commissioner

A key reform introduced by the 2022 Act was the creation of the Office of the Protected Disclosures Commissioner (OPDC). This new body plays a vital role in ensuring that protected disclosures are directed to the appropriate regulatory authority or the most competent entity to take action. This was part of a larger effort to improve the efficiency and effectiveness of whistle blower protections.

Expanded Definition of “Worker”

The 2022 Amendment Act expands who qualifies for whistle blower protection. While the 2014 Act already defined “worker” broadly to include employees, contractors, and agency staff, the 2022 Act expanded this further to encompass:

Trainees and volunteers
Shareholders
Individuals who acquire information on wrongdoing during recruitment processes
Board members and those in administrative or management positions
Former workers

This expansion sought to recognise that wrongdoing can be identified by individuals in various roles, outside of just traditional employees. In other words, Ireland’s approach now recognizes that all individuals in a work-setting can whistle blow and deserve adequate protection so they can voice their concerns safely.

Relevant Wrongdoings

Under the legislation, a “relevant wrongdoing” that can be the subject of a protected disclosure includes:

Criminal offenses
Failures to comply with legal obligations
Miscarriages of justice
Endangerment of health and safety
Environmental damage
Unlawful or improper use of public funds
Acts of oppression, discrimination, or gross negligence
Concealment of any of the above

Clarifying Personal Grievances vs. Whistleblowing

One notable refinement in the 2022 Act was increased clarity regarding the distinction between protected disclosures and personal grievances. Although the 2014 Act had excluded personal grievances from the scope of protected disclosures, this exclusion had faced criticism from the Supreme Court in Baranya v Rosderra Irish Meats Group Ltd for lacking clarity. In particular, grievances raised in the workplace regarding contractual claims were expressly exempted from the 2014 Act, but crucially this did not extend to cover matters of personal health. Per Charleton J’s judgement, this led to the protections of the Act being ‘routinely applied to those involved in simple disputes in the workplace which have no public involvement and which may not even extend to the revelation of issues whereby others working on the same task may be better protected.’

In response to this call for clarification, the 2022 Act explicitly excludes matters relating exclusively to interpersonal conflicts between a reporting person and another worker, as well as complaints by a reporting person exclusively concerning themselves in relation to their employer. Such matters are directed toward standard grievance procedures rather than protected disclosure channels.

This distinction is important but still requires careful judgment, as if a complaint potentially affects others beyond the reporting person, it may still qualify as a protected disclosure.

The Impact of Irish Whistleblowers Law Changes in Ireland

1. Increased Use of Whistleblowing Channels across the Public Sector

Public bodies received 1,162 protected disclosures in 2023 under the updated law, according to the Department of Public Expenditure’s January 2025 report. This volume of reports suggests high levels of awareness and use of whistleblowing mechanisms across Ireland’s public sector.

2. Significant Financial Recoveries

One of the most striking findings was the recovery of €3.7 million for the government in 2023 due to whistle blower reports. This sum stemmed from a single investigation within the HSE, underscoring the financial benefits of effective whistleblowing mechanisms in uncovering mismanagement, fraud, or regulatory breaches.

3. High Rate of Actionable Reports in the Public Sector

Out of 1,162 reports, against public bodies, 734 required further follow-up, and 161 progressed to formal investigations or proceedings. These figures suggest that a significant portion of disclosures contain credible allegations that warrant regulatory intervention.

4. Preference for External Reporting

Another key takeaway is that most whistle blowers within the public sector prefer external reporting channels. While only 173 reports were made internally to public bodies, 989 were submitted externally to government ministers, senior officials, prescribed persons, or handled by the OPDC. This trend raises concerns about trust in internal reporting mechanisms and suggests that many whistle blowers may fear retaliation or lack confidence in their employer’s response.

5. Sectoral Trends in Whistleblowing Reports in the Public Sector

The distribution of reports varied significantly across regulatory bodies:

Health Information and Quality Authority (HIQA): 373 reports
Food Safety Authority of Ireland (FSAI): 89 reports
Central Bank of Ireland: 68 reports

These figures indicate heightened whistleblowing activity in sectors with stringent regulatory oversight, particularly in healthcare, food safety, and financial services.

6. Rising Legal Cases and Complaints, across all sectors

The Workplace Relations Commission (WRC) reported a 201% increase in whistleblowing complaints in 2023, with 301 cases compared to just 96 in 2022. This rise suggests greater awareness of legal protections and a potential increase in workplace issues being reported.

Practical Implications for Organisations

1. Strengthening Internal Reporting Mechanisms

Given the strong preference for external reporting, organisations should evaluate their internal whistleblowing channels and address possible barriers to their use. Key strategies could include:

Conducting anonymous employee surveys to assess confidence in internal reporting
Strengthening anti-retaliation measures
Communicating whistleblowing protections clearly to staff

2. Sector-Specific Vigilance

Organizations in highly regulated sectors (such as healthcare, finance, and food safety) must be particularly diligent in ensuring their whistleblowing procedures meet compliance requirements and encourage safe reporting.

3. Fostering a Speak-Up Culture

To encourage internal reporting and reduce reliance on external channels, organizations should:

Provide regular whistle blower training sessions
Ensure senior leadership openly supports speaking up
Monitor and address any trends in retaliatory behaviour
Communicate the outcomes of investigations to demonstrate reports are taken seriously

Potential Challenges and Concerns for Whistle blowers

1. Uncertainty Around the Grievance v. Protected Disclosure Distinction

In some cases it may still be difficult for whistleblowers to predict whether their complaint will be found to be a protected disclosure or dismissed as a personal grievance, even after the clarifications made in the 2022 Act. This lack of clarity could deter individuals from coming forward with genuine concerns.

2. Compensation Caps for Whistle blowers

Whistle blowers facing retaliation can be awarded compensation up to five years’ pay for employees or €15,000 for non-employees. Critics such as Lauren Keirans argue that this cap is inadequate given the career risks involved in whistleblowing.

Conclusion

In summary, Ireland’s strengthened whistle blower protection framework represents a major step forward in promoting transparency and accountability.

However, the impact of the changes remains to be seen and navigating the changing legal landscape remains challenging for both employees and employers. For expert guidance on whistle blower law compliance, workplace policies, or legal representation, contact Setanta Solicitors today and our team will provide the legal support you need.

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Irish Law Awards 2025

kevin — Tue, 20 May 2025 11:22:48 +0000

Irish Law Awards 2025. Setanta Solicitors are delighted to be nominated as a finalist in:

Employment Law Team of the Year
Lawyer of the year (Setanta Landers)
Sole Principal of the year (Setanta Laaders)

https://irishlawawards.ie

In their 13th year, these awards aim to identify, honour, and publicise outstanding achievements, while also recognising those who have dedicated their lives to serving in the legal profession. This annual event is designed to recognise excellence in the legal profession of Ireland, commending the achievements of lawyers.

2025 LEAP Irish Law Awards gala awards ceremony will take place on the 6th of June in the Clayton Hotel, Burlington Road, Dublin, and wil be hosted by Anton Savage

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Planning Enforcement and Timelines for Actions

kevin — Fri, 31 Jan 2025 16:29:03 +0000

A planning enforcement action may be taken against unauthorised development. Enforcement Action is most commonly taken by local authorities such as County Councils but can be taken by any person under Section 160 of the Planning and Development Act 2000 (soon to be section 351 of the Planning and Development Act 2024). Enforcement action under Section 160 is more commonly known as a planning injunction.

Unauthorised development is defined in the Planning Acts as the carrying out of any unauthorised works or the carrying out of any unauthorised use for which planning permission is required.

Planning Enforcement action is taken to

prevent an unauthorised development or
use or
to return the land to its original state.
It is an offence to carry out any unauthorised development under Section 151 of the 2000 Act.
Enforcement action cannot be taken against development which is considered ‘exempt’ under Section 4 of the 2000 Act.

STEP 1 – WARNING LETTER

The first step to taking planning enforcement action for the local authority is to issue a warning letter.
Where a complaint in writing in relation to unauthorised development is made to the local authority, or if the local authority becomes aware of any unauthorised development, they must issue a warning letter to the owner or occupier of the land or any other person carrying out the development.

If the development is trivial or minor in nature, the local authority may, in their discretion, decide not to issue the warning letter.
If the warning letter is being issued on foot of a written complaint, the warning must be issued within 6 weeks of the complaint.

The landowner/occupier/person carrying out the development has 4 weeks to make submissions or observations in relation to the warning letter.

The local authority does not have to issue a warning letter and may proceed directly to enforcement action under section 153(5) of the 2000 Act in cases of urgency. However, where the local authority has commenced with a warning letter, it must follow the statutory timelines set out in the Act.

STEP 2 – ENFORCEMENT NOTICE

Where a warning letter has issued, the local authority has 12 weeks to decide whether to issue an enforcement notice or make an application for an injunction under section 160.

The local authority must take into consideration any representations and submissions received in relation to the development.

The enforcement notice takes effect from the date it is served on the owner/occupier/person carrying out the development.

The planning enforcement notice will require that steps be taken within a specified period. This period cannot be longer than 6 months.

The enforcement notice must contain certain information as set out in the 2000 Act.

If, after serving the enforcement notice, the local authority becomes aware of another person involved in the unauthorised development, the notice must be served on the new person and the time period for compliance must be extended as necessary to a maximum of 6 months.

The enforcement notice ceases to have effect 10 years after the date of service.

STEP 3 – COURT ENFORCEMENT

If the planning enforcement notice is not complied with within the period specified, the person on whom it is served may be prosecuted. Any person who knowingly assists or permits a failure by another to comply with the enforcement notice may also be prosecured. This offence is criminal in nature.

The local authority may bring summary proceedings in the District Court on foot of failure to comply with the enforcement notice.

Summary proceedings must be commenced within 6 months of the date the offence was committed or within 6 months of the date there was sufficient evidence to justify proceedings, whichever is later.

Where the offence is committed by a body corporate and it is proven that the offence was committed with the consent/approval of a director, manager, secretary, member or other officer of the body corporate, that person may be prosecuted personally.

SECTION 160 PLANNING INJUNCTION

Where unauthorised development has been, is being or is likely to be carried out, an application can be made by any person (whether or not they have an interest in the land) to the High Court or Circuit Court to require the person carrying out the development to do or cease to do anything the Court considers necessary.

The Court may order that the unauthorised development is not carried out, that land is restored to its original condition (as far as is practicable) or that the development is carried out in conformity with any permission.

An application under Section 160 must be made within 7 years of the date of commencement of the development or use.

STATUTE OF LIMITATIONS – THE SEVEN YEAR RULE

No enforcement action (i.e. warning letter, enforcement notice or court proceedings) can be taken against a development which commenced seven years prior. (Section 157)

CHANGES PROPOSED BY THE PLANNING AND DEVELOPMENT ACT 2024

Enforcement procedure is largely the same under the 2024 Act as in the 2000 Act but some additions have been made:

The new Act specifically makes provision that the warning letter shall be withdrawn if no enforcement notice is served after the expiry of 12 weeks, however this does not preclude the service of a subsequent warning letter or an urgent enforcement notice.
The new Act makes provision for the withdrawal of an enforcement notice by virtue of a grant of permission or other compelling reasons, however a withdrawal is without prejudice to the right of the local authority to recover their costs and expenses.
The local authority may provide an extension of time to comply with the enforcement notice at the request of the person served with the notice if they are satisfied that the person has taken all reasonable steps to comply with the enforcement notice, that the notice will be complied with in a reasonable period and the extension is reasonable in all the circumstances.

The provisions of the 2024 Act relating to enforcement have not yet commenced. The 2000 Act will continue to apply until repealed.

The above is not legal advice and is for informational purposes only. We do not accept any liability for any reliance on this article and legal advice should be sought in all circumstances.

Please email info@setantasolicitors.ie or 01 215 0168 to book a consultation.

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Rewind the clock – Proposed new legislation extends time limits for equality claims

kevin — Wed, 29 Jan 2025 20:07:29 +0000

The Equality (Miscellaneous Provisions) Bill 2024 was published by the Department of Children, Equality, Disability and Youth on 15 January 2025. This complements the Maternity Protection (Amendment) (Miscellaneous Provisions) Bill which appeared on the Legislation for priority publication in the 2024 Autum Session.

The Bill is at a very early stage and will have to take its place in the legislation programme.

However, it is worth noting, even at this stage amendments contemplated by the Bill.

1. The Equality (Miscellaneous Provisions) Bill 2024. Employers will be obligated to provide salary ranges in job advertisements or prior to an interview.

This pay transparency mechanism gives effect to the EU Pay Transparency Directive seems to have followed suit from various US states that had enacted similar legislation in September 2023, such as New York, Washington and California.

It may be that this requirement could be undermined in practice, as one could assume recruiters and employers will use the required pay scale as a means of potentially softening the effect of the aim of the legislation. For example, a job which may be budgeted for €50,000 may be advertised as being up for grabs for €50,000-€100,000 per annum, “depending on experience”, of course. This marketing probe seems to be a common practice in the US recruitment sphere.

2. Employers must not ask interviewees about their current and previous rate of pay.

Employers are now not in a position to ask potential employees what their current salary is, or what it had been, in a previous role during salary negotiations. Proposed in The Equality (Miscellaneous Provisions) Bill 2024. This mechanism should prevent employees from being put in an awkward position whereby they could under pitch themselves in such negotiations.

3. Extension of time for bringing a claim under the Employment Equality Act.

Currently an adjudication officer in the WRC only has the jurisdiction to hear an employment claim brought within 6 months of a discriminatory event in the workplace (save for exceptional circumstances).

This time limit is particularly tight for an applicant who has emotionally suffered as a result of the discriminatory event, who may not be aware they are against the clock to seek redress. The 6-month period does not give applicants sufficient grace to seek legal advice, particularly in situations where employees are out of work because of the contents on their claim, where legal costs can be a deterrent for potential claimants and their focus may be on stabilising their employment before turning their attention to any potential claims.

The applicable time limit for bringing a general claim under the Equality Act has been extended to 12 months, which is a welcomed development. Therefore, for example, if you were dismissed on the basis of your religious beliefs, you are now still entitled to bring a claim up to 12 months from the date of your dismissal.

4. Extension of time for bringing claims under the Maternity Protection Act

Under Section 41(7) (c) of the Workplace Relations Act 20, an adjudication officer does not have the authority to hear a claim after the expiration of 6 months from when an employee

Has notified their employer they are pregnant
Has given birth
Has ceased breastfeeding

Under the Amended Employment Equality Act, an additional 6 months have been provided to bring a claim under the Maternity Protection Act.

This extension is more nuanced than the extension afforded under the Equality Act as the time limit to bring a claim is now 12 months from when an employee

Has notified their employer they are pregnant
Has given birth
Has ceased breastfeeding

Therefore, an employee may be entitled to bring a claim under the Maternity Act 2 years after raising her pregnancy with her employer if she had been breastfeeding 12 months before that claim had been raised. This is a previous recommendation from the September 2024 joint committee on Children, Equality, Disability, Integration and Youth that has now become law, and which cured an anomaly that a mother could be breastfeeding or denied breastfeeding and be out of time to take a discrimination claim.

It is the proposed position a claimant mother may bring a claim under the Maternity Act 2 years after notifying her employer that she was pregnant. But a claimant can only raise claims in respect of matters that happened within the 12 months of that claim being raised.
For example, if an expectant mother notified her employer that she was pregnant in January 2025 and on her return to work after six months is denied pregnancy related accommodations she is still within time (15 months after notifying of pregnancy) and the act of discrimination occurred within the last 12 months.

As a further example, if, after returning from Maternity leave she was placed in a completely different role than she had been in prior to her Maternity Leave, she will have 12 months from the date she returned to raise a claim.

All in all, it is still preferential to raise a claim as soon as possible to ensure one’s claims within the statute. It is possible to raise multiple claims on multiple WRC forms, therefore there is no need to wait up to the 12-month mark to file your claims. It is a cut off point and not a suggested timeline to raise complaints.

This development is welcomed as it still affords claimants, during one of the transformative and emotionally trying times in their lives to bring a maternity discrimination claim under far less time pressure when they may have more space to consider their treatment.

5. The redefinition of “victimisation”.

Under The Equality (Miscellaneous Provisions) Bill 2024, “victimisation” has been inserted as a statutory tort in situations where one raises a claim under the Equality Acts or assists a claimant in bringing a claim under the Acts.

The amendment provides for further redress where a claimant makes a claim under the Equality Acts, and they are subsequently victimised for raising that claim. If such a situation does arise, a claimant should file a separate claim after that victimisation took place, having raised a claim under the Equality Acts.

Witnessing or attending a claimant in a WRC hearing when one is still an employee of the Respondent employer is now expressly protected. Where a witness is victimised for attending a WRC hearing in support of a colleague, such a situation amounts to victimization under Section 11A (b) of the Equal Status Act 2000. If an employee is victimised for the above reasons they may raise their own claim for victimisation in the WRC.

Please be aware that we offer a free consultation in Setanta Solicitors for women who believe they may have been discriminated by their employer on the basis of their pregnancy/ maternity leave.

Please email info@setantasolicitors.ie or 01 215 0168 to book a consultation.

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