This week's top 5:

1. €11k award for beautician whose tips weren't given by employer ⚖️
2. First AE pensions notifications due in December 🗓️
3. 38% of staff move due to issues with direct managers and company culture 🏃‍➡️
4. Asahi, Jaguar, Kido nursery chain, Land Rover and Harrods impacted by cyberattacks 🚨🦹
5. Women unhappy with how their health concerns are treated in clinical settings and workplaces 💊🏥

And in other news....Have you heard of ‘coffee badging’?☕ Employees pop into the office, grab a coffee and head straight home. It’s all about proving you’re working, one espresso at a time! 

**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.**

1. Case Law Reviews
2. Annual Review Session of the Week - A HR Consultant’s Guide to Investigations and Note-Taking
3. AI and Employment Law
4. Auto-enrolment
5. Employee Relations
6. Cyber Security
7. DEI
8. Just In Case You Missed It....
9. HR Developments
10. Employment News in the Media

A Barista v A Cafe IR-SC-00003633

Summary: Use fair, transparent processes to avoid costly findings.

Practical Guidance for Employers: 

• Employers should treat any misconduct concern as a formal process from day one. Give written notice of the specific allegations, the evidence relied on, and the purpose of any meeting at least 24 to 48 hours in advance.
   
  
• Confirm the worker’s right to be accompanied and to make representations. Keep investigation and disciplinary roles separate; use an impartial note-taker (not management who are witnesses), retain minutes, and follow your handbook step-by-step.
   
  
• Never “ambush” staff with ad-hoc meetings or confront them on the shop floor. Avoid physical contact and keep the tone professional. Do not impose transfers, reduced hours, or other measures that feel punitive before findings; if temporary redeployment is necessary, consult, document that it’s non-disciplinary, protect pay/status, and set a review date.
   
  
• Distinguish clearly between fact-finding and disciplinary stages, and confirm every step in writing. Train managers on fair procedures and dignity at work, and audit to ensure consistency, proportionality, and GDPR-compliant record-keeping.
  

Read the full Review here: A Barista v A Cafe [2025]

A Teacher v A National School ADJ-00041689

Summary: Teacher discriminated against.

Practical Guidance for Employers: 

• Employers should tighten recruitment governance. Pre-agree objective criteria and share them with candidates, and apply a transparent marking matrix. Train all panel members on equality law and unconscious bias; include at least one independent assessor.
   
  
• Further, keep contemporaneous interview notes and retain all document. Record the rationale for scores, especially where candidates are closely matched.
   
  
• Treat internal and external applicants identically and avoid informal assurances about prospective roles. Audit recent competitions for compliance gaps and remediate. Add a policy mandating openness, documentation, and review.

Read the full Review here: A Teacher v A National School [2025]

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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.

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It’s almost here! Legal Island’s Annual Review of Employment Law, our flagship event of the year takes place on 27th November, live at the Aviva Stadium (and online for those who prefer to tune in from afar).

This is the go-to event for HR professionals who want to stay ahead of the curve, get practical insights from leading experts, and connect with peers who are shaping the future of work.

Each week between now and the big day, we’ll shine a spotlight on the must-see sessions in this year’s packed programme.

Don’t miss out.  Check out the full line-up and secure your spot today. More details here.

Here is our session of the week: 

A HR Consultant’s Guide to Investigations and Note-Taking 

In workplace investigations, sloppy notes can sink credibility and raise legal risks. Michelle Halloran provides HR professionals a clear framework to prepare meetings effectively, take accurate, compliant notes, and apply practical strategies to protect both your organisation and fair outcomes.

Take control of workplace investigations: prepare with confidence, capture notes that stand up, and protect your organisation every step of the way.

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Irish workers embrace AI as a career catalyst

Irish workers embrace AI as a career catalyst amid rising job turnover, declining burnout, and growing demand for flexibility, says Microsoft Ireland. Irish workers are increasingly viewing artificial intelligence (AI) as a gateway to career advancement, according to Microsoft Ireland’s 2025 Work Trend Index. More from Think Business.

Accenture ‘exiting’ workers unsuited to AI environment

Consulting group Accenture has cut its global workforce by more than 11,000 in the past three months and told workers that those who cannot be retrained for the age of artificial intelligence could be let go. Dublin-based Accenture, responding to slowdown in corporate projects and reduced demand from the US federal government, is in the midst of a round of lay-offs that will continue until the end of November.  At the end of August it employed 779,000 people, down from 791,000 three months earlier. You can read more from Personnel Today.

AI for HR Weekly Podcast – with Barry Phillips

This week's episode: At last! A Government backed Paper all about AI in Northern Ireland

This week Barry Phillips reviews a position paper just published about AI in the Northern Ireland workplace.

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on all major platforms: 🎧 Spotify🎧 Amazon Music 🎧 Apple Podcasts

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

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First AE pensions notifications due in December

William Fry lawyers say that the Department of Social Protection has confirmed its plan to issue the first AE payroll notifications (AEPN) in early December 2025. The authority responsible for the AE system, NAERSA, will use payroll data from Revenue to determine which employees are in scope, looking back at data over 13 weeks covering September, October, and November. Employers should then expect the first AEPNs in early December. More from the Law Society Gazette.

Charting a course to Auto-Enrolment: Key dates for employers

William Fry provides an overview of key dates for auto-enrolment here.

Employers urged to get staff to sign note if they opt out of their pension plan to avoid future disputes

Employers are being urged to educate staff about their workplace pension plans to avoid future disputes ahead of the rollout of the State’s auto-enrolment scheme. Joe Creegan, head of corporate life and pensions at Zurich Ireland, believes employers must look at ways to protect themselves from future disputes. He encouraged workplaces to “get something in writing” from staff saying that they were offered an occupational pension but didn’t take it up. You can find out more from the Irish Independent here. 

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Review of the Code of Practice on access to Part-Time Working (S.I. No. 8 of 2006)

Call to stakeholders to make submissions to the Workplace Relations Commission about a review of the Code of Practice on access to Part-Time Working (S.I. No. 8 of 2006). Find out more direct from the WRC.

WRC Ten year anniversary case report

These case summaries highlight key legal issues from Adjudication Officers’ decisions at the Workplace Relations Commission in 2024. Published as part of the WRC’s ten-year anniversary review, they provide a snapshot of the wide range of issues considered by AOs. While these 50 cases represent only a small portion of the thousands of decisions issued each year (over 20,000 since 2015), they illustrate the WRC’s journey and the expansion of rights and remedies over the past decade. You can view a copy here.

'Some progress' in WRC talks over school secretary, caretaker pensions

Talks between the Fórsa trade union and the Government resumed at the WRC regarding pension entitlements for school secretaries and caretakers, with "some progress" reported. The dispute previously led to over 2,600 staff striking across 2,000 schools, but action was suspended following an agreement to negotiate. Key proposals include aligning pensions with those of teachers and SNAs, and discussions also cover bereavement and sick leave, plus a pay deal for caretakers. If unresolved issues remain, they will be referred to the Labour Court. More from RTÉ.

Increase in number of workers changing jobs – survey

Job turnover at Irish workplaces has surged to a record high, according to a new survey from Microsoft Ireland. The Work Trend Index shows that 38% of respondents said they have moved roles, up from 23% last year and 19% in 2023. The most prominent reasons cited for changing employers included work-life balance, well-being, issues with a direct manager and company culture, reports RTÉ.

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Hackers demand ransom, leak children’s data in UK nursery cyberattack

The group is threatening more leaks unless a ransom is paid. It also wants parents to sue the nursery. Last Thursday (25 September), cybercriminals claimed to have stolen the pictures, names and addresses of around 8,000 children from the Kido nursery chain in the UK. In the days following, they have already posted some of the information. The group has threatened more leaks unless a ransom is paid. Read more here.

Cyberattack brews trouble for Asahi as operations disrupted

As Asahi investigates a system outage, Jaguar Land Rover and Harrods struggle to recover from their own recent breaches. Japanese beer maker Asahi disclosed it is experiencing a “system failure” caused by a cyberattack, leading to the company suspending a number of its operations. The brewer, which also owns brands such as Peroni, Grolsch and Tyskie, said that “at this time”, there has been no confirmed leakage of personal information or customer data. Silicon Republic has more.

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Irish women face gender health bias in workplace

A new report has revealed widespread dissatisfaction among Irish women with how their health concerns are treated, both in clinical settings and the workplace. The Laya Healthcare research, which surveyed over 1,000 adults, highlights a persistent gender health gap that is contributing to delayed diagnoses, untreated symptoms, and reduced quality of life. You can read more on this from ThinkBusiness.

Millions of people with health conditions ‘locked out’ of employment, UK study finds

Around 2.5 per cent of economically inactive long-term sick and disabled people who are out of work make it back into employment each year, a study by social enterprise Timewise found. More than half (54 per cent) of those returning to the labour market left their roles within four months, while 56 per cent of those who did find work ended up in frontline roles such as cleaning, couriering, factory work or care, which are typically physically demanding, inflexible and difficult to manage alongside health conditions. People Management has more.

‘Women in business disproportionately affected by social issues’

Ireland’s largest organisation for the support and professional development of women, Network Ireland, has released the results of a survey which explored the issues impacting women in the workplace. Half of those who responded explained that they have had to turn down a career or business opportunity due to childcare and other familial obligations. 70pc were also of the opinion that, for women in business, there is insufficient access to funding. More from Silicon Republic. 

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How To... Handle employee representation Rights at work

Dr Gerry McMahon examines the issue of employee representation in non-union workplaces and what employers need to consider. You can access the article here.

HR Interview Series: Jacqueline Canning, Associate Director Culture & Talent at Andras House Hotels

Jacqueline shares her approach to leading with empathy while keeping strategy front of mind. Plus - a rookie hiring blunder she won’t forget! You can catch up here.

Corporate Espionage and Restrictive Covenants

Restrictive covenants are vital for protecting confidential information and business interests, yet Irish courts require them to be proportionate, role-specific and no broader than reasonably necessary to ensure enforceability. Read more from Triona Cody, Partner and Head of Employment Law, Kane Tuohy LLP.

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Meeting Candidate Expectations in the Skills-First Era

Across sectors, employers report that critical roles stay open for months because the right skills are hard to find. In the UK alone, 79% of hiring employers reported difficulty finding skills for at least some roles (CIPD, Nov 2024).  That pressure is accelerating the move toward skills-first hiring. Rather than filtering candidates by degrees or past job titles, organisations are increasingly focusing on what applicants can actually do. You can find out more in this article from HRD Connect.

Speaking up and its impact

Giving employees a voice is not just a nice-to-have — it’s a strategic lever for loyalty, innovation, and retention. But how do you actually get people to speak up, especially in dispersed teams, such as cleaning and security. Listening isn’t always enough as companies need to create psychological safety, build inclusive structures, and prove that feedback leads to action. This article from Professional Security looks at how a company can create a culture where everyone finds their voice, and enjoys the benefits it can bring, not just for employee wellbeing but also for company success. More here.

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A school principal who sexually harassed a student teacher at his school in the West of Ireland eight years ago has been struck off the Register of Teachers after being found guilty of professional misconduct at a fitness-to-teach inquiry. An inquiry panel of the Teaching Council also ruled the man cannot reapply to have his name restored to the register for at least 15 years after finding a series of allegations of inappropriate conduct by the principal towards the young female teacher proven. Read more in the Irish Examiner.

Performance-related payments of €2.6m were made to 271 employees in the National Treasury Management Agency (NTMA) in 2024, a new report by the Comptroller and Auditor General has found. In its 2024 report on the accounts of the public services, the comptroller said performance-related payments of €186,000 were paid to seven members of the NTMA's executive management team. The Irish Examiner has more on this story.

A beauty salon which held back thousands of euro in card tips left by customers for a beautician who was making effectively just over €5 an hour has been ordered to pay her over €11,000 by an employment tribunal. The worker, Joselyn Moreira, was awarded the sum after her ex-employer, Good Place Beauty Ltd was found in breach of the Payment of Wages Act 1991 and the Terms of Employment (Information) Act 1995. Access the article here.

A disability centre has asked an employment tribunal to impose reporting restrictions due to “very sensitive issues” after being accused of penalising a worker for raising safety complaints. The WRC noted that a previous “agreement” on a series of penalisation and discrimination claims brought by a former employee of the Delta Centre CLG in Carlow “didn’t come to fruition”. More from the Irish Times.

The Irish Congress of Trade Unions welcomed the new Industrial Relations (Boycott of Joint Labour Committees) Bill 2025, proposed by George Lawlor TD. The bill seeks to strengthen the system of Joint Labour Committees (JLC) by allowing the Labour Court to appoint a representative where an organisation concerned has failed or refused to engage in the process. This would end the current situation of effective employer veto over the JLC process. You can read the full ICTU statement here.

The Irish Times reports a primary schoolteacher who was passed over for a temporary post has been awarded more than €42,000 for discrimination on the basis of gender after a tribunal ruling that the principal had a “predisposition” towards a male candidate. More here. 

Enjoy your weekend!

Legal Island

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