Irish Employment Law – Comprehensive Study Notes

Agenda Overview

• Topics covered in this module:
  • Contracts & Policies
  • GDPR
  • Employment Equality
  • Payment of Wages, Deductions, Tips
  • Work Permits
  • Working Hours, Breaks, Banded Hours
  • Leave Framework
  • Performance Management
  • Disciplinary & Grievance
  • Bullying, Harassment & Sexual Harassment
  • Recently-Introduced Legislation & Key Updates

Employer Obligations – Core Principles

• Provide written statement of basic terms within $5$ days and a full contract within $1$ month.
• Ensure staff receive, understand and have access to all workplace policies; implement prevention measures (e.g. training) and act promptly on issues.
• Maintain a complete, secure paper trail of employee documentation (CV, interview forms, permits, training records, contracts, leave forms, sick certs, payroll info, disciplinary files, termination letters, etc.).
• Keep statutory records on working time, breaks, wages, equality, health & safety, and data protection for prescribed periods.

Contracts & Policies

• Contract Deadlines
  • Basic “Day-5” terms – must issue within $5$ days.
  • Full written contract – must issue within $1$ month of start date.
• Always include: place of work, job title/description, start date, hours (including overtime), probation terms, pay details, notice, and all mandatory policy references.
• Update contracts to reflect legislative changes (e.g. Sick Leave Act, minimum wage).

European Union (Transparent and Predictable Working Conditions) Regulations $2022$

• Day-5 Statement – mandatory items
  1. Duration & conditions of probation (if any).
  2. Place of work.
  3. Title/grade/nature/category of work or brief description.
  4. Date of commencement.
  5. Terms relating to hours (incl. overtime).
• Probation
  • Private sector cap $=6$ months (extendable – exceptional basis – but must not exceed $12$ months).
  • Public sector cap $=12$ months.
  • Fixed-term contract (FTC) probation must be proportionate to contract length; no probation on renewal for same role.
  • Probation is suspended for maternity, adoptive, statutory sick or other protective leave; may be extended by absence duration.
• Training – employer-required training must be free, count as working time, and be delivered during working hours where possible.
• Minimum Predictability of Work
  • Employees may refuse work assignments given < $24$ h notice or outside agreed “reference hours/days” without penalty.
• Parallel Employment
  • Employers cannot prohibit secondary employment outside scheduled hours unless objective grounds (H&S, confidentiality, conflict of interest, integrity of public service).
  • Any restriction + objective grounds must appear in the contract.

GDPR & Data Protection

• Eight Principles – data must be:
  1. Obtained & processed fairly.
  2. Used only for specified lawful purposes.
  3. Processed compatibly with original purpose.
  4. Kept safe & secure.
  5. Accurate and up-to-date.
  6. Adequate, relevant, not excessive.
  7. Retained no longer than necessary.
  8. Accessible to data subject on request.
• Practical HR files: keep only necessary documents; apply retention schedules; encrypt/store securely; honour Subject Access Requests (SARs).

Employment Equality Acts $1998 – 2011$

• Outlaws discrimination (incl. harassment) on $9$ grounds:
  • Gender
  • Marital/Civil Status
  • Family Status
  • Sexual Orientation
  • Religion
  • Age
  • Disability
  • Race
  • Membership of the Traveller Community

Pay, Wages & Tips

• Sunday Premium – must pay a “reasonable” premium for Sunday work or provide equivalent benefit.
• Payslip – must show gross pay, each deduction and net pay; advisable to split categories (Sunday, public holiday, holiday pay).
• National Minimum Wage – effective $01$ Jan $2025$
  • Under $18$: $€9.45$ ($70\%$ of NMW).
  • $18$-year-olds: $€10.80$ ($80\%$).
  • $19$-year-olds: $€12.15$ ($90\%$).
  • Age $20+$: $€13.50$ ($100\%$).
• Payment of Wages (Amendment) (Tips and Gratuities) Act $2022$
  • Tips, gratuities & service charges are outside contractual wages.
  • Electronic tips must be distributed fairly & transparently.
  • Employer must:
  • Display a written “Tips & Gratuities” policy.
  • Keep records of distribution for $3$ years.
  • Pay staff no later than the next payroll run.

Work Permits & Right-to-Work Checks

• Always inspect passport/IRP card. If no automatic right, obtain copy of valid employment permit before rostering.
• Common immigration stamps:
  • Stamp 2 (student) – max $20$ h/week in term; up to $40$ h during June → Sept + $15$ Dec → $15$ Jan.
  • Stamp 4 – permits employment without permit for specified period.

Working Time, Rest & Banded Hours

• Average weekly hours must not exceed $48$ over a $4$-month reference period.


• Breaks

• ≥ $4.5$ h → $15$ min.
• ≥ $6$ h → $30$ min (includes first $15$).
• Break cannot be at end of shift.
• Daily rest: $11$ h consecutive per $24$ h.
• Weekly rest: $24$ h consecutive per $7$ days.

Record-Keeping Duties

• Organisation of Working Time (Records) Regs $2001$ demand: rosters, time sheets, breaks, leave, & pay records; retain for $3$ years.
• Keep sick leave records for $4$ years (Sick Leave Act $2022$).

Statutory Leave & Public Holidays

• Annual Leave
  • Full-time: $4$ working weeks.
  • ≥ $1{,}365$ h in leave year → $4$ weeks.
  • Part-time/casual: $8\%$ of hours worked (capped at $4$ weeks).
  • Continues to accrue during certified sick leave.
• Public Holidays – $10$ per year
  • If employee works: pay for hours worked plus 1 extra day’s pay OR 1 paid day off.
  • If business closed & employee normally works that day: 1 day’s pay OR paid day off.
  • If not normally rostered: entitlement $=\tfrac{1}{5}$ of normal weekly hours as pay/time off.

Family, Medical & Special Leave Matrix

Sick Leave Act $2022$

• Statutory paid sick leave introduced – timeline:
  • $2024$ → $5$ days
  • $2025$ → $7$ days
  • $2026$ → $10$ days
• Eligibility: $13$ weeks continuous service + medical cert from day $1$.
• Payment: $70\%$ of normal wage (capped at $€110$ per day).
• Records must be kept for $4$ years.
• Exemption only via Labour Court or if company scheme more favourable.

Performance Management & Probation

• Cycle: Set expectations → Goal-setting → Development → Feedback → Continuous improvement.
• Probation normally ≤ $6$ months (private); can extend to ≤ $12$ months if exceptional & in employee’s interest.
• Unfair Dismissals Acts exclusion applies during probation only if:
  • Contract in writing; probation specified; total period < $1$ year.
  • Exclusion does not apply for dismissals linked to trade-union activity or protected leave.

Disciplinary & Grievance Procedures

• Use a tiered approach:
  • Disciplinary – Informal → Formal (verbal, written warnings, etc.).
  • Grievance – Informal → Mediation → Formal.
• Natural Justice Rights
  • Know the allegations.
  • Fair & impartial hearing.
  • Representation of choice.
  • State one’s case.
  • Right of appeal.
• Separation of Process – distinct managers for Investigation → Outcome → Appeal.

Dignity at Work

• Bullying – repeated inappropriate behaviour (verbal/physical/otherwise) undermining dignity; single incident ≠ bullying.
  • NOT bullying: legitimate performance management, decisive management in crisis, strong difference of opinion, reasonable corrective action, ordinary workplace conflict.
• Harassment – any unwelcome conduct on any @9 discriminatory grounds; impact (not intent) matters; can be one-off.
• Sexual Harassment – unwelcome conduct of sexual nature or based on gender; no repetition required; outlawed whether by colleagues, management, clients.
• Code of Practice $2020$ – stages: Contact Person → Informal → Secondary Informal → Mediation → Preliminary Screening → Formal.

Work-Life Balance & Flexible Working (Work-Life Balance & Miscellaneous Provisions Act $2023/24$)

• Enacted dates:
  • Unpaid leave for medical purposes – $03$ Jul $2023$.
  • Extended breastfeeding breaks – $03$ Jul $2023$.
  • Paid Domestic Violence Leave – $27$ Nov $2023$.
  • Right to request remote working (all employees) – Mar $2024$.
  • Right to request flexible/remote working (parents & carers) – Mar $2024$.

Auto-Enrolment Pension (expected $2024$)

• Applies to employees earning ≥ $€20{,}000$, aged $23–60$, and not already in a scheme.
• Employer contributions are tax-deductible.

Mandatory Retirement Ages

• Permissible if:
  • Objectively & reasonably justified by legitimate aim (succession planning, H&S, inter-generational fairness, organisational dynamism, dignity).
  • Means of achieving aim are appropriate & necessary (per Section $34(4)$ EEA).

Gender Pay Gap Reporting & Pay Transparency

• Since $2022$ – employers > $250$ staff.
• $2024$ – threshold lowers to $150+$ staff.
• Snapshot: any date in June $2024$; publish by same date in Dec $2024$.

Contractor v Employee – Domino’s Supreme Court Decision (Revenue v Karshan)

• Five-step test to determine status:
  1. Exchange of wage/remuneration?
  2. Commitment to provide own services (not third-party)?
  3. Sufficient employer control?
  4. Contract terms & realities consistent with employment?
  5. Does legislation require adjustment?
• Failure of any of first $3$ → no employment relationship.
• Supreme Court found Domino’s delivery drivers employees → PAYE applicable; update to the Code of Practice on Determining Employment Status pending.

WRC $2023$ Annual Report Highlights

• Complaints lodged
  • Payment of Wages Act $1991$ – $3{,}662$
  • Unfair Dismissals Act $1977$ – $1{,}875$
  • Employment Equality / Equal Status – $1{,}817$
• Hearings – $4{,}765$ (↑ $12\%$ on $2022$).
• Decisions issued – ~$3{,}000$ (↑ $50\%$).
• Inspections – $4{,}727$ inspections covering $6{,}519$ workplace visits; $7{,}862$ contraventions detected.

On-the-Spot Fines

• Issued per breach; non-payment within $42$ days → referral to WRC Legal Affairs → possible prosecution.
• Conviction on summary offence → Class C fine up to $€2,500$ per offence.

Additional Resources & Contacts

• Evaluation Form $2025$ – https://forms.office.com/e/t1NZDH425J
• HR Suite Socials: Instagram/Twitter @thehrsuite | Facebook & LinkedIn “The HR Suite”.
• Newsletter: info@thehrsuite.com
• Offices:
  • Kerry ☎ $066$ $7102887$ – Pier 17, Tralee
  • Dublin ☎ $01$ $9014335$ – 13 Upper Baggot St, Dublin 2
  • Cork – 12 South Mall, Cork City.
• E-Learning Courses: Neurodiversity, Menopause, Investigations, Dignity & Respect, Domestic Violence Support, Well-being.
• TED Talk & Book: “The Art of Asking the Right Questions” – see LinkedIn page & People Manager’s Toolkit by Caroline Reidy.

Exam Tips

• Link every obligation to its source legislation and deadlines.
• Memorise key numbers (Day-5, $48$ h week, minimum wage tiers, leave durations).
• Use the 5-step Domino’s test for status questions.
• When faced with scenario questions, apply Natural Justice + fair procedures + GDPR principles.
• Cite recent Acts (Sick Leave $2022$, Work-Life Balance $2023$, Tips $2022$) for maximum marks.