Christine, Julie, and Laura - known as the Knowledge Team - bring extensive expertise in employment law, HR, and learning & development. With diverse backgrounds spanning top-tier law firms, in-house roles, and voluntary organisations across the UK and Ireland, they provide informed and strategic support on employment matters.
Our team includes qualified (now non-practising) employment solicitors with experience in both legal and corporate sectors, alongside an experienced HR professional and CIPD Associate Member, ensuring a well-rounded approach to workplace challenges.
Rolling into the Bank Holiday like Trump in his first 100 days—loud, chaotic, and somehow still employed💼🔥—here’s your Friday round-up!
🚀 Top 5 Things You Need to Know This Week (Short on time? Start here!):
- 📄 Work phones & personal data: McShane vs. DPC & HSE – a privacy case worth your attention.
- 💻 New & Live: Employment Permits Online portal is now up and running!
- 🧑⚖️ Blog: AG’s advice on getting it right with independent contractors.
- 🎗️ Support Matters: New cancer care at work initiative launched for employers.
- 🤖 Free Webinar: AI Literacy in Action: What It Is, How to Deliver It, and Why It Matters
And in other news....HR’s latest retention hack? Using “love languages” ❤️ at work to help staff feel valued and stick around - yes, really! Read more from Work Life here.
**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**
CONTENTS ⚓︎
1. Case Law Reviews ⚓︎
Eamon McShane -v- Data Protection Commission & HSE IEHC 191
Summary: HSE found not to be a “data controller” for personal data stored without authorisation on employee's work-issued phone.
Practical Guidance for Employers:
- Employers should ensure clear policies are in place regarding the use of work-issued devices, particularly prohibiting unauthorised personal use. Policies like Acceptable Use Policies must be explicit, communicated clearly to employees, and consistently enforced. Employers should emphasise that personal data stored without authorisation on work devices falls outside their control and may not attract data controller responsibilities under GDPR.
- In the event of a data breach, maintaining documented evidence of policies and permissions (or the lack thereof) is crucial. Employers should also ensure staff are aware that personal misuse may affect their rights in a subsequent complaint. Importantly, while employers have responsibilities for work-related data, they are not automatically liable for unauthorised personal use. However, careful documentation, policy training, and regular audits of device usage can help mitigate both practical risks and potential legal exposure in any future disputes.
Kate Brennan v Dublin University, Trinity College Trinity College Dublin ADJ-00049360
Summary: Fair procedures during probation crucial to avoid unfair dismissal claim.
Practical Guidance for Employers
Employers should:
- Clearly outline probationary periods, including review processes and extension terms, in employment contracts. Ensure that any dismissal during probation is managed carefully, with proper documentation. If an employee is entitled to a notice period extending their service beyond a year, they may qualify for unfair dismissal protections.
- Even during probation, employers should apply fair and transparent procedures before dismissing an employee. This includes regular performance reviews, clear communication of concerns, and offering opportunities for improvement. Failure to implement agreed processes, such as Performance Improvement Plans, can expose employers to successful unfair dismissal claims.
- When issuing notice of termination, employers must be explicit about the reasons for dismissal and ensure compliance with notice obligations. Requesting that the employee work their notice period (rather than offering payment in lieu) can affect legal service calculations, potentially bringing the employee within the protection of unfair dismissal legislation.
- Be aware that tribunals will assess both parties’ conduct when awarding compensation. Although an employee’s failure to mitigate loss may reduce awards, procedural unfairness by the employer remains a significant factor. Properly following dismissal procedures reduces financial exposure and reputational risk in litigation.
These case reviews were written by Patrick Barrett BL.
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
Remember: Our Irish case law reviews are now held in our case law section on our fully-searchable employment law hub website:
https://legal-island.ie/employment-law-hub/case-law
2. AI and Employment Law ⚓︎
AI Committee to Position Ireland as Leader in Innovation and Responsible Use of AI
A new Oireachtas AI committee has been established with the goal of encouraging AI innovation and positioning Ireland as a leader in the responsible use of the technology. Fianna Fáil TD Malcolm Byrne, who is heading the committee, told The Hard Shoulder that “almost every aspect of our lives and the economy” will be affected by AI. News Talk has more on this:
https://www.newstalk.com/news/new-ai-committee-aims-to-ensure-citizens-are-confident-with-the-tech-2157490
“When AI Becomes Too Much Like Us”
This week, Barry Phillips, considers whether ChatGPT is becoming not only too like a human but too like the actual user.
3. Data Protection & Cybersecurity ⚓︎
Work phones and personal data: Who’s in control?
A recent judgment issued by Justice Barry O Donnell saw the dismissal of a Judicial Review (JR) concerning personal data on a work phone provided by the HSE. The case highlights the challenges well known to those working in this area involving mixed personal data on work devices. The case provides some comfort to employers, like the HSE, who had a clear Policy which provided that, absent express agreement, non-work use of the phone was not permitted. This was critical in the finding that the HSE was not a controller of non-work-related personal data which was the issue of contention here. Read more from RDJ LLP here:
https://www.rdj.ie/insights/work-phones-and-personal-data-whos-in-control
M&S chaos: How can HR help prevent cyber attacks?
As retail giant Marks and Spencer continues to deal with the after-effects of a cyber attack, HR Magazine asked commentators how HR can help boost cyber security:
https://www.hrmagazine.co.uk/content/news/ms-chaos-how-can-hr-help-prevent-cyber-attacks
Employee monitoring app leaks 21 million screenshots in real time
A surveillance tool meant to keep tabs on employees is leaking millions of real-time screenshots onto the open web. Researchers at Cybernews uncovered a major privacy breach involving WorkComposer, a workplace surveillance app. The app, designed to track productivity by logging activity and snapping regular screenshots of employees’ screens, left over 21 million images exposed broadcasting how workers go about their day frame by frame:
https://cybernews.com/security/employee-monitoring-app-leaks-millions-screenshots/
Event: Data Protection Update Ireland - 28th May
When you hear 'data protection', your soul quietly leaves your body. But not this time. JOIN us for Data Protection Annual Update 2025 on 28 May - an essential (and yes, enjoyable) event tailored for HR professionals who’d rather not find out the hard way that a “casual note” about Dave from Accounts is actually discoverable in a workplace investigation. You'll also learn how to avoid a cyber security attack! 🔍🕵️♂️
If you're a data protection enthusiast and can't get enough check out Eversheds Sutherland's quarterly update here:
https://www.eversheds-sutherland.com/dfsmedia/5773992fa8424b37ace0cac119d920b9/26886-source
4. Immigration ⚓︎
Launch of ‘Employment Permits Online’
The new system will introduce a portal space with separate and individual accounts for both employers, employees and agents, making it easier to get up-to-date information on the status of applications. It will also provide individual users with more ownership over the management of their accounts. The new employment permits system will make the application process easier, more secure, more intuitive and in so doing will reduce inaccuracies in the submission of applications, resulting in more streamlined processing. You can find out more here:
https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/latest-updates/new-eps/
Mason, Hayes & Curran have more on this....
https://www.mhc.ie/latest/insights/employment-permits-online-goes-live-28-april-2025
Borderline Business: Navigating Cross Border Work on the island of Ireland
Operating across two legal systems introduces specific compliance considerations. This note from the team at Lewis Silkin LLP have explores the main compliance areas for employers and employees across these two jurisdictions in this article from Lexology.
5. Pay ⚓︎
Minimum wage job listings doubled last year
A new ESRI study reveals that minimum-wage roles accounted for around 7pc of online vacancies in 2023. This jumped to more than 15pc after the minimum wage rose from €11.30 to €12.70 last year. This indicates that fewer employers were prepared to pay above the minimum legally-binding rate when hiring staff reports the Irish Independent:
https://www.independent.ie/irish-news/minimum-wage-job-listings-doubled-last-year/a1806180901.html
And you can access the full report here:
https://www.esri.ie/publications/a-study-of-minimum-wage-employment-in-ireland-using-online-job-vacancy-data
Ministers will have to sign off pay hikes for semi-State bosses on a case-by-case basis
Senior Government figures have conceded allowing salaries for semi-State chief executives to rise demonstrated poor “optics” – but insist each pay bump will have to be signed off on a case-by-case basis by the relevant minister. Business Plus has more on this story, read here.
6. Employee Wellbeing ⚓︎
Cancer care at work initiative launched for employers
A new "Cancer Care at Work" framework has been announced to enable employers and businesses to create a policy and support system for employees who receive a cancer diagnosis or are supporting a loved one undergoing treatment. The initiative has been launched by marketing communications company Core, and cancer support centre Purple House. Research conducted ahead of the launch highlighted the areas that employees would like to see contained in a workplace cancer policy. More here from RTÉ:
https://www.rte.ie/news/business/2025/0429/1510091-cancer-care-at-work-initiative/
The website is here with free, customisable resources:
https://www.cancercareatwork.com/
7. Just in Case You Missed it... ⚓︎
Engaging an Independent Contractor
It has been 18 months since the landmark ruling in Revenue Commissioners v Karshan Midlands trading as Dominos Pizza IESC 24 was handed down by the Supreme Court which introduced guidance to employers when determining whether an individual should be treated as an employee rather than an independent contractor. In this article, Rachel Kennedy of Addleshaw Goddard looks at some significant developments since the Supreme Court decision that businesses and HR consultants should be aware of:
Engaging an Independent Contractor
Top Employment Law Cases
Duncan Inverarity, Partner, A&L Goodbody has summarised the top employment law cases of 2023 & 2024 that you need to know. Check out this week's important High Court case from 2023:
John Barrett v The Commissioner of An Garda Siochana [2023]
This case affirmed the importance of informational content and the complainant’s reasonable belief as elements of assessing whether a communication constitutes a protected disclosure.
8. HR Developments ⚓︎
‘Incivility is a bug’: Bad manners at work are bad for the bottom line
Bad manners are bad for the bottom line. Minding your Ps and Qs, or your manners, is more than a quaint fad from the past. Research shows that businesses and organisations that allow rudeness and disrespect are likely to have lower profitability, poor staff morale, reduced customer loyalty and higher employee turnover. More from The Irish News:
https://www.irishtimes.com/business/work/2025/05/01/bad-manners-are-bad-for-the-bottom-line/
Most Irish workers experience imposter syndrome
Challenges such as imposter syndrome are increasingly common, yet they also represent a workforce that is ambitious and eager to grow. Nearly two-thirds of Irish employees (65%) report experiencing imposter syndrome, according to new research from Hays Ireland. The Spring workforce survey highlights several key trends reshaping Ireland’s employment landscape, including significant job mobility intentions and generational differences in attitudes toward hybrid working and AI adoption. More:
https://www.thinkbusiness.ie/articles/65-percent-irish-employees-experience-imposter-syndrome-2025/
How to put ‘love languages’ to work at work
As HR leaders search for the secret formula for keeping top talent engaged, one creative approach is translating the concept of “love languages” for the workplace. It may sound controversial, but experts say when done right, it fosters appreciation across the workforce while bolstering retention. You can read more from WorkLife:
https://www.worklife.news/culture/how-to-put-love-languages-to-work-at-work/?
How to avoid a workplace at war: Transforming conflict into collaboration
Workplace rows? They don’t have to end in tears (or tribunals). With the right nudge from learning and development, leaders can turn tension into teamwork. Carole Gaskell shares actionable insights in this article for the Training Journal to help your organisation swap awkward silences for honest chats, and build a culture where conflict fuels connection, not chaos:
https://www.trainingjournal.com/2025/audience_role/experienced_landd/how-to-avoid-a-workplace-at-war-transforming-conflict-into-collaboration/
Back to Top
9. Health & Safety Developments
Unions call for more safety representatives within workplaces
The Irish Congress of Trade Unions (ICTU) and the Health and Safety Authority (HSA) have called on more organisations to support and facilitate the appointment of safety representatives within their workplaces to help prevent injuries, illnesses and deaths. Thirty-four people were killed in workplace incidents in 2024 and two thirds of all fatalities occurred among those aged 55 and over. RTÉ has more here:
https://www.rte.ie/news/2025/0428/1509780-trade-unions-safety/
Safe and healthy offices? OiRA holds the key
Office work may seem low-risk, but poor ergonomics, prolonged screen time, and psychosocial risks can take a toll on workers’ health and well-being. With 19 country-specific Online Interactive Risk Assessment (OiRA) tools, businesses across Europe can identify risks and improve working conditions, creating safer and healthier office environments. You can access them from the European Agency for Safety and Health at Work:
https://osha.europa.eu/en/oshnews/safe-and-healthy-offices-oira-holds-key
Union Proposes Maximum Working Temperature and Four Days of ‘Climate Leave’
A statutory maximum working temperature is among extreme-weather proposals being put forward by a union. Unite is seeking a meeting with Enterprise Minister Peter Burke to discuss its proposals, which also include four days’ paid “climate leave” if conditions render travel hazardous or workers need to address pressing domestic needs resulting from extreme weather, reports the Irish Examiner:
https://www.irishexaminer.com/news/arid-41621671.html
10. Employment News in the Media ⚓︎
A takeaway boss has been accused of "violating and exploiting" a migrant worker for two years by putting him to work for up to 73 hours a week and docking tens of thousands of euro from his wages to pay off €30,000 in alleged "recruitment fees", the WRC has heard. More:
https://www.rte.ie/news/business/2025/0501/1510574-takeaway-boss-accused-of-exploiting-migrant-worker/
In Northern Ireland, the Department for the Economy has completed a public consultation exercise on the Good Jobs Employment Rights Bill. The reports below present the findings of the public consultation and set out the measures the Department will take to ensure our employment framework supports Good Jobs. More direct from the Department of Economy:
https://www.economy-ni.gov.uk/publications/good-jobs-employment-rights-bill-public-consultation-response
SIPTU has called on the Government to honour its commitments to increase statutory sick pay entitlements and introduce a living wage, highlighting the overwhelming public support for these measures indicated in a Red C poll published yesterday.
https://www.siptu.ie/siptu-says-government-must-respect-public-opposition-to-u-turn-on-workers-rights/
Speaking yesterday at a conference, HSE chief executive Bernard Gloster said he wants to see 10% of all healthcare staff rostered on weekends by the end of June. However, the chairman of the Irish Medical Organisation's consultant committee said that this could result in less consultants being available from Monday to Friday. More from News Talk:
https://www.newstalk.com/uncategorized/would-rostering-more-hospital-staff-over-the-weekends-bring-down-cancellations-2157674
The fallout from US President Donald Trump's trade war reverberated further through the corporate world, as delivery giant UPS said it would cut 20,000 jobs to lower costs, while General Motors pulled its outlook and pushed its investor call to Thursday pending possible changes to trade policy. RTÉ has more here:
https://www.rte.ie/news/business/2025/0429/1510095-ups-quarterly-results/
RTÉ has disclosed to Minister for Arts and Media Patrick O’Donovan that it was forced to write down €3.6 million on an IT project that had to be partly abandoned. The broadcaster said it was designed to replace legacy finance and HR systems that were at or near the end of their life. More from the Irish Times:
https://www.irishtimes.com/media/2025/04/30/rte-confirms-36m-write-down-on-part-abandoned-it-project/
11. Free Webinars This Month
AI Literacy in Action: What It Is, How to Deliver It, and Why It Matters
🗓 Wednesday, 14 May 2025
🕚 11:00 – 11:30 (30 mins)
💻 Online
Register HERE.
Is your organisation prepared for the new AI compliance era?
With the EU AI Act now in force, for many employers AI literacy is no longer a “nice to have”—it’s a legal and operational necessity. This webinar will explain exactly what AI literacy means in the context of today’s workplace, how to effectively deliver it across your organisation, and the consequences of failing to act.
Join us for a practical and informative session tailored to HR, compliance, learning & development, and leadership teams. Learn how to safeguard your organisation while empowering staff to use AI responsibly, ethically, and in compliance with evolving legislation.
You’ll gain insight into:
• Why is everyone talking about AI Literacy suddenly?
• What AI literacy looks like in practice—and why it’s broader than just tech know-how
• The risks of low literacy levels for individuals and organisations alike
• The legal implications of the EU AI Act and data protection rules
• Strategies for embedding AI literacy through eLearning and cultural transformation
• How to future-proof your organisation’s use of AI and GenAI tools
• How to measure for improvements in AI Literacy
• What are the costs and risks of doing nothing here?
Speaker: Barry Phillips, Chairman, Legal Island
Barry is a passionate advocate of responsible use of AI in the workplace, arguing that the goal of employers now should be to become “Super worker” organisations where all employees are empowered and upskilled by AI.
He has delivered numerous presentations, webinars and workshops to hundreds of organisations on GenAI since the beginning of 2023. He is also author of “ChatGPT in HR – A Practical Guide for Employers and HR Professionals” (2025), available on Amazon and at other booksellers online.
Enjoy the long weekend!
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