3. Employment Law

Why distinguish employees from self-employed contractors?

Employment rights and employer obligations can depend on legal status.

What is the first question in deciding employee status?

Is there a contract for paid work rather than genuinely independent business?

Why is the real working relationship more important than a label? See Karshan (Midlands) Ltd t/a Domino’s Pizza v Revenue Commissioners

Courts consider how work actually operates, not just the written label.

What evidence indicates an employment relationship?

Control, personal service, pay, mutual obligations and business reality.

What are express employment terms?

Terms expressly agreed, for example pay or work location.

What are implied employment terms?

Duties included by law, custom or the nature of the contract.

What does a custom-and-practice term mean?

A consistent workplace practice may form part of the contract.

What employee duties appear in the notes?

Personal service, reasonable orders, skill, honesty and confidentiality.

What employer duties appear in the notes?

Pay wages and provide a safe workplace and statutory protections.

What is the purpose of minimum notice legislation?

It guarantees qualifying minimum notice before employment ends.

How does continuous service affect notice?

Longer qualifying service generally requires longer statutory notice.

What does working time legislation regulate?

Working hours, daily/weekly rest and paid leave.

What is a normal daily rest entitlement in the notes?

11 consecutive hours in each 24-hour period, subject to exceptions.

Is sleep-in on-call time always counted as paid working time? See Shannon v Rampersad (2015)

Not always. The notes distinguish sleeping from awake time spent working.

When can travel between home and clients count as working time? See Federación de Servicios Privados de CCOO v Tyco Integrated Security SL (2015)

For some workers without a fixed workplace, work-directed journeys count.

Why is an employer responsible for excessive hours? See Kepak Convenience Foods v O’Hara (2018)

Working arrangements can breach statutory daily and weekly limits.

How many weeks’ statutory annual leave is a full-time worker generally entitled to?

Four working weeks per leave year, subject to qualifying calculations.

What is a public-holiday entitlement?

A statutory benefit such as paid leave, a paid day off, or equivalent pay.

What is the purpose of minimum wage legislation?

To ensure qualifying workers receive at least the statutory minimum rate.

Which characteristics are protected by Irish employment equality law?

The nine grounds listed in the Employment Equality Acts.

What is direct discrimination?

Less favourable treatment because of a protected ground.

What is indirect discrimination?

A neutral-seeming rule disproportionately disadvantaging a protected group.

What is equal pay for equal work?

Pay equality is required for like work under relevant statutory conditions.

Why could dismissal following pregnancy be discriminatory? See Kwok Lee & Yuk Lee (t/a Peking House) and Michelle Fox

Pregnancy-related dismissal can be unlawful gender discrimination.

What is sexual harassment?

Unwanted sexual conduct violating dignity or creating an offensive environment.

What does reasonable accommodation involve? See Daly v Nano Nagle School (2019)

Appropriate workplace adjustments unless they impose a disproportionate burden.

Can an employer choose any mandatory retirement age?

Any mandatory age requires objective justification under equality rules.

What do maternity protections provide?

Leave and protections for qualifying pregnant employees and new mothers.

What is the employer’s basic safety obligation?

Take practicable steps to protect workers’ safety, health and welfare.

What duties do employees have under safety legislation?

Follow safe procedures, co-operate and avoid putting others at risk.

What can happen after a serious workplace safety breach? See Causeway Facilities Management Limited (2025)

Employers may be sanctioned for breaches of safety duties.

What is wrongful dismissal?

Ending employment in breach of the contract, often notice terms.

What is unfair dismissal?

A dismissal not justified or not handled fairly under relevant legislation.

What does fair disciplinary process usually require?

Investigation, notice of allegations, chance to respond and fair decision.

What is constructive dismissal?

An employee resigns after sufficiently serious employer misconduct.

What lesson does the internal-complaint process give? See Conway v Ulster Bank

An employee may need to allow the employer a fair chance to resolve concerns.

What did the Waterford Carpet case illustrate? See Waterford Carpet case (2009)

A failure of disciplinary due process can make dismissal unfair.

Name three remedies for unfair dismissal?

Reinstatement, re-engagement and financial compensation.

What does a genuine redundancy concern?

A reduction or change in the employer’s need for a particular role.

What is the selection fairness issue in redundancy?

Criteria and procedures should be objective and non-discriminatory.

What does LIFO mean?

Last in, first out: length of service used in selection.

What payment formula is described in the notes?

Two weeks’ statutory pay per year of service plus one bonus week, subject to caps.

Why should alternative roles be considered?

A suitable redeployment option may avoid compulsory redundancy.

How can a worker establish an initial discrimination claim? See Rotunda Hospital v Gleeson (2000)

Evidence from which discrimination may reasonably be inferred.

Can social-media comments made outside work amount to sexual harassment? See Teggart v TeleTech UK Limited

They may have employment consequences where the conduct affects a colleague.

Can mandatory retirement be objectively justified? See Felix Palacios (2007)

Sometimes, where proportionate legitimate aims are established.

Why was an aviation role retirement age accepted? See Saunders v CHC Ireland Limited (2011)

Safety-related justification was accepted on the facts.

Why was a bookkeeper’s compulsory retirement discriminatory? See A Book Keeper v a Retail Business (2017)

The employer lacked objective justification for the retirement age.

Can punishing a worker for safety complaints be unlawful? See Forklift Driver v A Paint/Coatings Supplier (2020)

Yes, penalisation for reasonable safety concerns may be prohibited.

Why is keeping accurate records of hours important? See Stablefield Ltd v Manciu (2019)

Without proper records an employer may struggle to rebut an hours claim.

Why must an employer demonstrate a genuine redundancy? See Invo Europe Limited v Ponisi (2011)

The actual disappearance or change of the role must be evidenced.