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.
☀️ Spring sunshine and fresh employment law updates—one brightens your day, the other keeps you out of trouble!
⏳ Short on time? Here’s the top 5 must reads:
- 📜 Government Legislation Programme - lots of updates this week. Check them out!
- 🥖Breaking Bread at work improves staff morale and mental health
- 💰 Pension Puzzle – 4 in 5 workers in Ireland have no clue about the State’s auto-enrolment pension scheme. Are you one of them?
- 🎂 Happy 25th, Minimum Wage! A quarter of a century later, is it still fit for purpose?
📖 Blog: Managing Employee Absence. A&L Goodbody tackles the tricky questions.
And in other news………….join us at our FREE WEBINAR: Trump’s DEI Rollbacks - A Wake-Up Call for Irish HR Leaders? 15th April at 11am REGISTER 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 ⚓︎
Ian Armstrong v Bankhawk Limited ADJ-00051878
Summary: Employer’s reliance on the employee’s refusal to sign an NDA was rejected by WRC as an invalid reason to withhold payment of commission due.
Practical Guidance for Employers:
- Employers should ensure that all commission agreements, contractual amendments, and payment deferrals are clearly documented and mutually acknowledged in writing. Relying on unsigned NDAs or shifting interpretations of agreements can undermine credibility and may not justify withholding wages.
- Proper record-keeping, particularly around employee entitlements like annual leave, is essential to defend against claims. Employers must avoid using unpaid wages as leverage to secure settlement agreements or post-termination obligations, as this may be viewed as coercive. Transparency, consistent documentation, and adherence to statutory obligations are critical in maintaining fair employment practices and avoiding costly, adverse findings before the WRC.
Read the full Review here:
https://legal-island.ie/employment-law-hub/ian--armstrong-v-bankhawk-limited
Aine O'Driscoll v Sheenco Travel Limited ADJ-00053816
Summary: Employer failed to follow fair procedures when summarily dismissing employee for performance issues.
Practical Guidance for Employers:
Employers should:
- Follow Fair Procedures: Even where performance issues are evident, employers must strictly follow fair procedures as outlined in the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000). This includes giving advance notice of disciplinary meetings, clearly stating the allegations, allowing the employee to respond, permitting representation, and offering a right of appeal.
- Avoid Abrupt Dismissals: Terminating an employee without due process can render an otherwise justified dismissal procedurally unfair. Even where the employee's performance has been poor, failure to observe process may result in financial awards against the employer and reputational damage.
- Ensure Training and Documentation: Employers should ensure that all managers involved in disciplinary matters are properly trained. Thorough documentation of performance issues and all steps taken is essential to support the decision to dismiss, should it be challenged.
Read the full Review here:
https://legal-island.ie/employment-law-hub/aine-odriscoll-v--sheenco-travel-limited
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 tech advances drove staff cuts at TikTok's Irish office, WRC told
A barrister for TikTok has told the Workplace Relations Commission that the business rationale for the shedding of 150 jobs in multilingual customer support was based on "vastly improving" AI technology "taking on a bigger role" and "reducing the number of employees required, particularly language skills". The social media firm’s lawyers were addressing complaints brought under the Employment Equality Act 1998 by Viktorija Danilova, an ad service specialist, who faces being left jobless by the cuts next month. More on this from RTÉ:
https://www.rte.ie/news/business/2025/0327/1504418-ai-advances-drove-staff-cuts-at-tiktoks-irish-office/
Most financial compliance professionals still unaware of EU rules governing AI, warns study
The use of AI tools in financial services has dropped to 26% in 2025 from 37% in the previous year, with only 25% of compliance professionals aware of EU guidelines governing AI. While awareness of the EU AI Act among compliance experts has increased to 23% from 7% in 2024, 67% still have limited or no knowledge of the legislation. This Act, which aims to establish a trustworthy AI framework in Europe, became effective on August 1, 2024, and will be fully enforceable by August 2, 2026, with exceptions. The Irish Examiner has more on this:
https://www.irishexaminer.com/business/technology/arid-41604895.html
Recent AI Act Guidance: What You Need to Know
The European Commission recently published guidance on the definition of an AI system and prohibited AI practices. In addition, the third draft of the General-Purpose AI Model Code of Practice was published. Mason Hayes & Curran break down these updates and their impact on AI providers and deployers:
https://www.mhc.ie/latest/insights/recent-ai-act-guidance-what-you-need-to-know#page=1
“Adoption of AI in Ireland – our latest survey said ……”
In his newest podcast episode, Barry Phillips examines Legal Island's latest survey on AI adoption in Ireland. He discusses key trends, challenges, and the implications of the EU AI Act for HR and legal professionals. With expert insights on how organisations are integrating AI and what compliance requirements lie ahead, this episode is essential for anyone looking to stay informed about the evolving role of AI in the workplace.
3. Government Legislation Programme ⚓︎
Employment (Contractual Retirement Ages) Bill 2025
The Department of Enterprise, Trade and Employment has released its long-awaited priority legislation on contractual retirement ages. The Employment (Contractual Retirement Ages) Bill 2025 aims to give employees the right to refuse retirement if their contract sets a retirement age below the state pension age:
https://www.oireachtas.ie/en/bills/bill/2025/10/
Read more on the new law regarding retirement......
New laws will prevent employers forcing workers to retire below State pension age
New laws around compulsory retirement will mean an older person’s income will not fall drastically by being forced to retire early, a regulatory analysis impact has found. The analysis, carried out by the Department of Enterprise on the proposed legislation, said the measures would also “facilitate older people's engagement in economic and social life and encourage fuller and longer working lives”. And, if employers breach the law and a worker successfully takes a case at the Workplace Relations Commission, compensation could stretch to two years’ salary. You can read more on this from the Irish Examiner:
https://www.irishexaminer.com/news/arid-41605405.html
Minister Burke welcomes EU proposals for simplifying the obligations on business in relation to corporate sustainability
The proposals by the Commission will remove approximately 80% of companies from the scope of the Corporate Sustainability Reporting Directive (CSRD), focusing the sustainability reporting obligations on the largest companies which are more likely to have the biggest impacts on people and the environment. For large companies, who are the main category currently within the scope of the CSRD, the Omnibus proposal would restrict the application of the requirements to only those companies having 1,000 employees, as opposed to 250 employees under the current law:
https://www.gov.ie/en/press-release/dcded-minister-burke-welcomes-eu-proposals-for-simplifying-the-obligations-on-business-in-relation-to-corporate-sustainability/
Ireland - Employment law developments - Quarter 1 2025 - What to expect?
Following the formation of a new government in January 2025, we are now getting a clearer indication of the employment law issues that will be prioritised by the incoming government. Sinead Morgan, Legal Director, DAC Beachcroft has highlighted some of those anticipated changes here:
https://www.dacbeachcroft.com/en/What-we-think/Ireland-employment-law-developments-quarter-1-2025-what-to-expect
Proposed changes to equality legislation in Ireland
In January 2025, the Irish government published the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 (General Scheme). The General Scheme proposes changes to Irish equality legislation, including the partial implementation of the EU Pay Transparency Directive (Directive). Read more from DLA Piper:
https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2025/proposed-changes-to-equality-legislation-in-ireland#page=1
The seasonal employment permit commences
The ‘Employment Permits (Amendment) (Seasonal Employment) Regulations 2025’ (the 2025 Regulations) have now been published and came into operation on 19 February 2025. The 2025 Regulations set out the operational aspects of this new employment permit. Its key features are detailed by A&L Goodbody here:
https://www.algoodbody.com/insights-publications/the-seasonal-employment-permit-commences
Contract Cleaning - Joint Labour Committee - Proposals for Employment Regulation Order
The Contract Cleaning Joint Labour Committee has formulated proposals for fixing the minimum remuneration and working conditions of workers. Any person wishing to make representations in the form of written submission in relation to the proposals should do so in the form of written submission by 5pm, on or before, 23 April 2025:
https://www.labourcourt.ie/en/industrial-relations/employment-regulation-orders/contract-cleaning-joint-labour-committee-proposals-for-employment-regulation-order/
4. Pay & Benefits ⚓︎
New Jobseeker’s Pay-Related Benefit Scheme commences
The new Jobseeker’s Pay-Related Benefit scheme commenced 31 March. This new scheme replaces the existing Jobseeker’s Benefit for people who become fully unemployed and who meet the contribution conditions for the scheme. Pay-Related Benefit means that the amount of benefit a person receives is linked to their previous earnings, subject to maximum and minimum rates of payment. The introduction of the new Jobseeker’s Pay-Related Benefit brings Ireland in line with other EU countries and represents a fundamental reform of the Social Welfare System:
https://www.gov.ie/en/press-release/8116d-new-jobseekers-pay-related-benefit-scheme-commences/
Ireland’s minimum wage turns 25
Ireland’s minimum wage turned 25 on 1 April. When the National Minimum Wage Act came into force on 1 April 2000 it set the lowest rate of hourly pay all employers can legally pay their employees, and kick-started a debate on its implications that still rumbles on to the present day. You can read the full statement from ICTU here:
https://www.ictu.ie/news/irelands-minimum-wage-turns-25
Four in five workers in Ireland not aware of State’s auto-enrolment pension details
Four in five Irish workers are still not aware of the details of the incoming compulsory workplace pension regime just six months out from the launch date, according to a survey carried out by US investment giant BlackRock. BlackRock’s 2025 Ireland Read on Retirement report also said that only 41 per cent of Irish workers feel they are on track for a reasonable standard of living on retirement. This falls to 26 per cent across individuals that do not have a defined contribution (DC) workplace pension, reports the Irish Times:
https://www.irishtimes.com/business/2025/03/31/four-in-five-workers-in-ireland-not-aware-of-states-auto-enrolment-pension-details/
Auto Enrolment Pension Q&A
Are you ready for the pension auto-enrolment? Check out a full Q&A on this topic by Roisin Boyle, SIPTU on our Employment Hub here:
https://legal-island.ie/employment-law-hub/auto-enrolment-pension-q-a
5. DEI ⚓︎
Why diversity, inclusion and empowerment are key to collective success
Companies that champion equality and diversity are more innovative and motivated, say three women from the leadership team of a design, engineering and delivery firm. Read more:
https://www.businessnews.ie/international-womens-day/why-diversity-inclusion-and-empowerment-are-key-to-collective-success/
Migrants more likely to be working than Irish-born – ESRI
New research from the ESRI has found that foreign-born residents are more likely to be employed, active in the labour market, and better educated compared to the Irish-born population. The latest Monitoring Report on Integration has assessed the experience of migrants compared to the Irish-born population in the areas of employment, education, social inclusion and active citizenship. It highlights that migrants also have lower incomes and are more likely to experience poverty and deprivation (14.5%) than Irish-born residents (11%). More here from RTÉ:
https://www.rte.ie/news/2025/0328/1504442-migrant-workers-ireland/
6. Remote Working ⚓︎
Right to request remote working in Ireland is a ‘toothless tiger’, employment lawyer says
The code underpinning an employee’s right to request remote working is a “toothless tiger”, according to an employment lawyer, despite the issue being a factor in a growing number of legal disputes. All employees have had the right to request remote or flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023. Forty-one cases have been taken to the WRC under the Act since the code came into effect in March of last year, but the seven cases decided by the commission’s adjudication officers to date have all been rejected, according to the Irish Times:
https://www.irishtimes.com/ireland/2025/04/03/right-to-request-remote-working-prompts-41-wrc-cases-but-is-a-toothless-tiger/
Barry Crushell: Remote working requests before the Workplace Relations Commission
The Work Life Balance and Miscellaneous Provision Act 2023 came into effect on 4 April 2024 and originally aimed to increase the participation of women in the labour market and the shared take-up of family-related leave and flexible working. This development, in tandem with the advent of Covid-19 and the rapid transition to remote working, has transformed the way many of us work. Read more by Barry Crushell in Irish Legal News here:
https://www.irishlegal.com/articles/barry-crushell-remote-working-requests-before-the-workplace-relations-commission
7. Just in Case You Missed It...
Q&A: Managing employee absence
In this Q&A, Caoimhe Grogan, A&L Goodbody outlines some strategies for managing employee absence in the workplace and some common pitfalls which employers can avoid by having a robust sick leave policy in place and keeping lines of communication open with employees:
https://legal-island.ie/employment-law-hub/managing-employee-absence
Top Employment Law Cases of 2024
Duncan Inverarity, Partner, A&L Goodbody has summarised the top employment law cases of 2024 that you need to know. Check out this week's two WRC cases from 2024:
IFWA v Metropolitan Films International Limited (ADJ-00025841)
In this case, the WRC made public an initial tranche of decisions awarding €434,216 to some members of the Irish Film Workers' Association (IFWA) who complained of systematic employment law breaches. This is currently on appeal to the Labour Court. Read the review here of the WRC decision here:
https://legal-island.ie/employment-law-hub/ifwa-v-metropolitan-films-international-limited
Matthew McGranahan v MEPC Music Limited (ADJ-00037668)
A former fiddler for top country music star Michael English was awarded nearly €44,000 in the WRC for unfair dismissal and breaches of employment rights after a tribunal rejected claims that the musician was a contractor working “gig to gig” for six years:
https://legal-island.ie/employment-law-hub/matthew--mcgranahan-v-mepc-music-limited
8. HR Developments ⚓︎
Breaking Bread at work improves staff morale and mental health
The 2024 Compass Group ‘Power of Socialisation’ study, in partnership with Mintel, examined how socialisation in the workplace can help combat employers’ biggest challenges, including talent recruitment and retention, productivity and engagement, and a full return to workplaces, reports the Galway Advertiser. In very social workplaces, a notable 85% of employees attest to effective teamwork, contrasting with just 37% in less social environments:
https://www.advertiser.ie/galway/article/145445/breaking-bread-at-work-improves-staff-morale-and-mental-health
The full study is here:
https://www.compass-group.com/en/media/news/2024/the-power-of-socialisation-2024.html
Inclusion At Work: Recruiting and retaining neurodiverse employees
In this article from HR World, Sandi Wassmer, CEO of the Employers Network for Equality & Inclusion (enei) explains how to attract and support neurodiverse talent:
https://www.thehrworld.co.uk/equality-diversity-inclusion/inclusion-at-work-recruiting-and-retaining-neurodiverse-employees/
Two-thirds of firms recognise upskilling as strategic priority
Two-thirds of businesses recognise upskilling as a strategically important priority in fostering innovation and enabling competitiveness, research from Skillnet Ireland has found. The Ireland's Talent Landscape 2025: Future Skills Challenges of Irish Business report identifies the skills challenges facing businesses adapting to the changing way of work in the face of the digital, AI and green transitions. The report stresses the challenges of sourcing and retaining skilled talent in an economy at near full employment, with 42% of businesses struggling to find employees with essential skillsets. You can read more here from Business Plus:
https://businessplus.ie/economy-2/upskilling-important-skillnet/
9. Employment News in the Media
Associated British Foods said the boss of its Primark clothing business, Paul Marchant, had resigned with immediate effect following an allegation made by an individual about his behaviour towards her in a social environment. Primark, which trades as Penneys here, contributes about half of group profit for AB Foods. The group said Paul Marchant had cooperated with an investigation led by external lawyers, acknowledged his "error of judgement" and accepted that his actions fell below the standards expected by AB Foods. More from RTÉ:
https://www.rte.ie/news/business/2025/0331/1504945-primark-boss-marchant-resigns-after-error-of-judgement/
Close to 30 per cent of the staff of Irish aid agency Goal are set to lose their jobs amid a financial crisis brought about by international funding cuts. It said more than 900 personnel across the world could be affected by job cuts. Goal chief executive Siobhán Walsh told The Irish Times there were 28 employees in Ireland “whose roles are at risk of redundancy”:
https://www.irishtimes.com/ireland/social-affairs/2025/03/29/aid-agency-goal-to-shed-30-of-staff-due-to-global-funding-cuts/
Investigations into the activities of an Irish payroll manager alleged to have passed trade secrets from his own firm to a rival are focusing on where a payment to the manager came from, the Commercial Court heard. It is alleged Mr O’Brien was placed in Rippling in order to unlawfully obtain its trade secrets for rival HR firm Deel. More from the Irish Times:
https://www.irishtimes.com/business/2025/03/31/rippling-case-focusing-on-where-payment-to-hr-manager-came-from-court-told/
A security firm which had a "persistent practice" of not paying workers their wages has been hit with a compensation bill of over €60,000 after a ruling that it was "undermining" the regime of compulsory pay terms in the industry. It's after the worker told the Workplace Relations Commission (WRC) he could not understand why the company – which had contracts with major retail brands, including Supervalu, Centra and Spar -- seemed to be "unafraid of the State authorities while flaunting the law". RTÉ has the full story:
https://www.rte.ie/news/business/2025/0328/1504654-security-firm-hit-with-bill-at-wrc-for-not-paying-staff/
A tribunal has declined to enforce the terms of an RTÉ worker's employment contract after the national broadcaster admitted doubling her salary by mistake. The tribunal heard Ms McLoughlin, a copy-taker, was not paid what had been set out in her second post-retirement contract working nine hours a week on 'Liveline’ between 4 April 2024 to 4 October 2024, the WRC heard. RTÉ’s position was that because of an "administrative error", the contract presented to Ms McLoughlin for this period set her salary at "€12,850 gross in total for contract duration", its solicitor Barry Walsh of Fieldfisher LLP said in a legal submission. More from RTÉ:
https://www.rte.ie/news/business/2025/0401/1505274-rte-worker-got-103-pay-rise-in-administrative-error/
A solicitor at the office of the Director of Public Prosecutions has alleged he is being discriminated against by being denied the opportunity to prepare a murder case for the State because he is a recovering alcoholic. It is one of a series of instances of disability discrimination and victimisation alleged by Michael Murphy, an employee of the agency since 2002 who has been working as a prosecutor since he qualified as a solicitor in 2017. More here:
https://www.rte.ie/news/business/2025/0326/1504154-dpp-solicitor-says-he-was-denied-cases-over-drink-problem/
The number of protected disclosures made by whistleblower workers in Ireland last year increased more than fivefold and generated more than €1.2m in taxes, after the launch of a new online reporting tool.
Revenue received 171 reports that met the protected disclosure threshold last year, up from 31 in 2023, according to its Protected Disclosures Annual Report. Irish Independent has full story:
https://www.independent.ie/irish-news/protected-disclosures-from-workers-in-ireland-surge-following-launch-of-revenues-new-online-reporting-tool/a1488451679.html
10. Free Webinars This Month ⚓︎
FREE WEBINAR: Trump’s DEI Rollbacks - A Wake-Up Call for Irish HR Leaders?
📅 Tuesday 15th April 2025
⏰ 11:00 AM – 11:45 AM
💻 Online
President Donald Trump issued executive orders rolling back DEI efforts across the US, which contributed to job cuts in the public sector and prompted some companies to reconsider their diversity policies. Major corporations - including Meta, McDonald's, and Bank of America - have adjusted their DEI strategies, scaling back public diversity targets and shifting towards ‘merit-based’ hiring practices.
If research found diverse teams are 70% more likely to capture new markets why is opposition to DEI increasing? Could this signal a shift for businesses in Ireland as well? With global organisations reassessing their commitments, HR leaders in Ireland face key questions:
- Does a strong DEI strategy drive business results, or is it just an added expense?
- How might changing global trends affect Irish workplace policies and expectations?
- Should businesses double down on inclusion or take a more measured approach?
Join Julie Holmes from Legal Island and industry experts as we examine whether businesses should sustain, reshape, or scale back their DEI commitments in response to shifting global trends - and what this means for HR leaders in Ireland.
Secure your spot now and be part of the conversation!
All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
Legal Island | Webinars Podcasts
Enjoy the weekend.
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