5 Top Reads: 

1. How Europe’s working day is increasingly encroaching on personal time ⏰
2. 96.6% of Fórsa trade union members vote in favour of strike action 🪧
3. Disabled talent could be key to solving Ireland's labour shortages 💡
4. Harris says Irish workers hit with higher tax rate sooner than other countries 💸
5. New practice directions on the use of gen AI in courts in force ⚖️

And in other news…Back to school is a reminder that bullying doesn't stay in the playground. Join Dr Gerry McMahon and Kate Field, Addleshaw Goddard LLP on 29 September to ensure workplace bullying isn't getting a free pass in your organisation.

DON'T FORGET: Hub subscribers get 2 free places at this Autumn’s Skill Builder for HR session. 😊

1. Annual Review of Employment Law: Session of the Week
2. Case Law Reviews
3. AI and Employment Law
4. Skill Builder for HR: Leading Change Effectively
5. Industrial Relations
6. Economic Outlook
7. Talent Attraction & Retention
8. DPC hits HSE with €645,000 Fine Over Rotting Medical Records
9. Agency Workers in Ireland: A Practical Guide for Irish Employers
10. Just In Case You Missed It....
11. HR Developments
12. Employment News in the Media
13. Friends of Legal Island
14. Free Webinars This Month 

Session of the Week: Unlocking the Value of a Multigenerational Workforce

Today’s workplace spans multiple generations, often framed as a source of friction. This session moves beyond labels to focus on what really drives performance, collaboration and knowledge sharing, and how HR can turn generational diversity into a practical advantage.

Michelle Halloran, HR Consultant, Michelle Halloran HRM Services

FIND OUT MORE

Jargon‑free employment law insights that make your job easier

The must attend HR event of the year is back - 26 November 2026! 

Our Annual Review of Employment Law is the cornerstone event for HR professionals. Join us at the Talbot Hotel Stillorgan or tune in with coffee in hand from your desk. Either way, you’ll access the insights that matter most, brought to you by expert speakers.

EARLY BIRD RATE available until 24th September 2026 at 5:00pm.

BOOK YOUR PLACE

Jan Phakwago v Iarnród Éireann Irish Rail

Summary:

Valid immigration permission made the withheld wages payable.

Practical Guidance for Employers: 

Employers should:

• Monitor immigration expiry dates and engage with employees before permissions lapse. Policies should distinguish between an employee’s underlying permission to reside and work and the IRP card recording that permission. A blanket requirement for a physical card may be unsafe where alternative documentation establishes an entitlement.
  
  
• Obtain advice addressing the employee’s precise circumstances rather than relying solely on general renewal guidance. The employer should identify what further verification is required, communicate that clearly and review the position without delay.
  
  
• Determine whether the employee remained ready and legally entitled to work and whether withholding pay was authorised by statute, contract or written consent. Genuine concern may explain an initial pause but will not defeat a Payment of Wages claim once entitlement is established. 
  

Read the full Review here.

Mohammed Kamruzzaman v Tesco Ireland Limited trading as Tesco Extra Naas

Summary: 

Consistent treatment of minor theft rendered dismissal fair.

Practical Guidance for Employers: 

Employers should:

• Maintain clear written rules governing staff purchases, discounts, waste goods and the precise point at which products may be taken free of charge. Honesty and disciplinary policies should identify unauthorised removal as potential gross misconduct. Employees should receive training, and acknowledgements and policy updates should be retained.
  
  
• Preserve CCTV and transaction records where relevant, conduct neutral preliminary enquiries and use paid suspension only where justified. The employee should receive the specific allegation, supporting material, possible consequences and reasonable time to prepare. Each formal invitation should confirm the right to appropriate representation. Investigation and disciplinary decision-making should be separated where practicable, responses considered and minutes retained.
  
  
• Address value, intent, remorse, service, training, workplace custom and alternative sanctions. Allegations of a widespread practice should be investigated. Consistency was decisive here as  similarly involved employees were treated alike and the manager demonstrated an established approach to theft. A reasoned outcome should explain why trust was irreparably damaged and why a warning was insufficient. An appeal should always be offered.
  

Read the full Review here.

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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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New practice directions on the use of gen AI in courts in force

New practice directions on the use of generative AI in the Court of Appeal and the High Court have come into force. Practice Direction CA 16 on the responsible use of Generative Artificial Intelligence in Court documents in relation to the Court of Appeal and Practice Direction HC 142 on the responsible use of Generative Artificial Intelligence in Court documents in relation to the High Court introduce verification and disclosure requirements for all persons presenting documents to the courts. More from Irish Legal News.

The (In)visible Workforce Influencing HR Decisions

As AI becomes increasingly embedded in HR processes, its influence often begins long before a manager makes a final decision. Hinada Neiron, Head of Global Marketing and Alliances at aconso, examines the rise of the “invisible workforce” and explains why HR leaders must strengthen governance, document management and human oversight to ensure AI supports, rather than dictates, people decisions in this article for HRD Connect. Read here.

AI for HR Weekly Podcast with Barry Phillips 🎙️

Hub subscribers are beginning to request that our Chairman, Barry covers a particular AI topic in a future podcast. If you have a request, send it to him directly at barry@legal-island.com - he’ll feel like a DJ from the 80s…...🎧

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 or Apple Podcasts

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

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SIPTU votes for public service strike action over Government failure to enter talks

SIPTU members in the public service have voted overwhelmingly in favour of industrial action, up to and including strike action, in a ballot counted 31st of August in Liberty Hall, Dublin, and centres in Galway and Cork. The overall result among SIPTU members employed in health, local government and State agencies, who were balloted in this phase, was 97% in favour of strike action and 98% for industrial action. Read here.

Fórsa members overwhelmingly back strike action over public sector pay

Members of the Fórsa trade union employed in the public sector have voted overwhelmingly in favour of taking industrial action up to and including strike action. In a ballot of more than 64,000 members, 96.6% voted in favour, reports RTÉ.

ASTI to ballot teachers on industrial action over public sector pay

The Association of Secondary Teachers, Ireland (ASTI) is to ballot its members on industrial action, up to and including strike action. The union is accusing the Government of failing to table a meaningful offer on public sector pay. RTÉ has more on this story. 

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'Out of kilter': Harris says Irish workers hit with higher tax rate sooner than other countries

Ireland is “out of kilter” with other countries when it comes to the higher rate of income tax kicking in for workers, Tánaiste Simon Harris has said. Harris has made it clear that there will be an income tax package in this year’s budget, which is just over six weeks away. He said the rate at which the higher rate of tax applies — €44,000 — is too low. You can read more from the Journal.

And…

Three in four Irish adults worried about money

A survey of 1,000 adults nationwide by insurance and wealth advisers NFP found that 72% experience some level of concern about their finances, including 18% who said financial stress was a regular or constant part of their lives. A further 43% said they were managing financially but that money worries were always in the background, while 9% said they felt financially overwhelmed most of the time. Business Plus has more on this.

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33pc of employers pro remote hiring despite virtual interview concerns

Recruitment agency Robert Walters, conducted research to explore how Irish professionals regard remote working and virtual interview processes. Its survey found one-third of contributing Irish employers would recruit professionals without having first met them in a real-world scenario, despite just 18pc agreeing that virtual interviews are the most effective way of identifying the best person for a job. Silicon Republic has more on this story.

Updated Employment Agencies List

You can find the updated Licenced Agencies list as at 01/09/2026 here.

Employment permit statistics

The list details companies issued with permits from the beginning of the year up until the last day of the previous month, including by sector:

•    Health & Social Work Activities – 7227
•    Accommodation & Food Services Activities – 2760
•    Information & Communication Activities - 2707

The full details can be found here.

Female participation in Irish workforce jumps 90% since 2000

Ireland still has a significant gender pay gap, 8 to 10 per cent depending on who you ask, but female participation in the labour force has jumped. There were more than 1.3 million women in employment in the second quarter of 2026, up almost 90 per cent since the first quarter of 2000. In a report published on Monday, the Central Statistics Office (CSO) described this shift as the “standout” change of recent times, noting that women accounted for a large majority of workers in sectors such as human health, social work and education. More from the Irish Times.

Maeve Monaghan: Disabled talent could be key to solving Ireland's labour shortages

Businesses have spent the past number of years warning about recruitment difficulties. According to the Central Statistics Office, more than eight in 10 employers are struggling to find the skills they need. From hospitality and retail to financial services and logistics, the conversation has centred on labour shortages, skills gaps and an increasingly competitive jobs market. Yet thousands of people with disabilities remain outside the workforce, not because they lack ability, but because too many recruitment systems still fail to recognise their potential. More from the Irish Examiner.

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The Data Protection Commission (DPC) has today announced its final decision following an inquiry into the HSE’s processing of personal data contained in paper records, which were found rotting and covered mould in disused hospitals by urban explorers. The DPC’s decision fines the HSE a total of €645,000 and imposes a reprimand and a number of corrective orders. You can read more from Irish Legal News.

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The legislative framework governing agency workers in Ireland, the Protection of Employees (Temporary Agency Work) Act 2012 (the “2012 Act”) has been in place for almost 15 years but continues to be an area that generates questions for clients – particularly the obligations on hirers and employment agencies, what does equal treatment really mean and how is the legislation enforced in practice. This update from Maples Group will provide an overview of the area of law and practical tips for employers. 

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The Employment Law Hub is a comprehensive, jurisdiction-specific resource designed for HR professionals, legal advisors, and business leaders. It centralises essential employment law and HR updates, expertly curated and written by leading HR and legal specialists to provide reliable, practical, and authoritative insights. We have over 700+ in depth articles and 1000+ case law reviews. As a subscriber, you have access to all of this. Check it out the full Hub here and below are some recent articles you may have missed.....

Q&A: Protected Disclosures - Learnings on non-dismissal penalisation from the WRC decisions in Fiona O'Neill v Waterford Intellectual Disability Association

In this month's Q&A, Caoimhe Grogan, Associate in A&L Goodbody's Employment Group, provides an update on two related decisions of the Workplace Relations Commission (the WRC) in Fiona O'Neill v Waterford Intellectual Disability Association where significant compensation was awarded under the Protected Disclosures Act 2014 (the 2014 Act). The decisions are a strong reminder that penalisation is not limited to dismissal or formal discipline. Changes to duties or reporting lines, threats, coercive conduct, inappropriate medical referrals and other acts or omissions causing unjustified detriment may fall within the statutory protection and result in significant compensation where established. Read more.

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Companies that roll back DEI don’t perform better financially, study says

S&P 500 companies that maintained their diversity, equity and inclusion commitments performed as well as or better than their peers that rolled back DEI commitments in the face of political pressure, University of California, Berkeley public policy scholar Jacob Grumbach posted in a recently published report. More here from HR Dive.

How Europe’s working day is increasingly encroaching on personal time

Have you ever found yourself replying to work emails late at night? Unfortunately, this is a scenario that many people are all too familiar with. One in five EU workers say that they are contacted for work reasons beyond normal working hours many times a month, contributing significantly to always-on culture and adding considerable stress. Euronews has more.

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The Irish Times reports a veteran Bus Éireann employee blocked from seeking medical retirement because he was taking a personal injuries case, claiming he was injured by decades of using power tools on the job, has won €40,000 for penalisation. George Moloney secured the compensation at the Workplace Relations Commission (WRC) on foot of a finding that he was penalised in breach of the Safety, Health and Welfare at Work Act 2005. Access the article here. 

RTÉ reports one of the country's largest hospitals has been ordered to pay €10,000 compensation for racially discriminating against a Nigerian-born employee when suspending him primarily based on the colour of his skin. At the Workplace Relations Commission (WRC) adjudicator, Penelope McGrath BL ordered Mater Misericordiae University Hospital to pay €10,000 compensation to healthcare assistant, Paul Agbons for discriminating against him on the grounds of race when suspending him for six days from 6-12 June last year. Read here.

A businessman ousted after objecting to the decisions of his new bosses after the Dublin restaurant group he established was rescued from examinership has won €75,000 for unfair dismissal after a five-year legal battle. Padraig Hanley had alleged that in 2020, he was forced out at PBR Restaurants Ltd, the operator of a group of Dublin restaurants, for objecting to what he saw as "wrongdoing" at the company following the takeover in 2019. The Labour Court has found in favour of a complaint by Mr Hanley alleging whistleblower penalisation under the Unfair Dismissals Act 1977, RTÉ reports.

A hair salon owner sending TikTok videos about her social life to a junior staffer after work did not breach Labor’s new right to disconnect laws, despite evidence that the boss would be in a bad mood if she didn’t respond. The South Australian Employment Tribunal held that while two hairdressing apprentices’ fear of disapproval put pressure on them to respond to constant out-of-hours messages from the owner of Eco Hair Room, the lack of repercussions for ignoring them meant staff could still “disconnect”. More from the Australian Financial Review.

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Embracing Workplace Inclusion course

Ftiend to Legal Island and regular speaker, Barry Walsh, an evening course lecturer at Rathmines College of Further Education.  The programme is specifically designed to equip people with disabilities with the practical skills and confidence needed to secure meaningful employment.

Key course details:

• Target Audience: It is tailored for jobseekers with disabilities, as well as advocates and supporters of people with disabilities navigating the employment landscape (job coaches, guidance counsellors, etc).
• Lived Experience: It is taught by an instructor with lived experience of managing employment as a neurodivergent individual.
• Fee: €50.
• Duration: It's online, for 8 weeks, running on Tuesday evenings from 6 30 PM to 7 30 or 8 PM Irish time.
• Requirements: It is open to anyone with a valid Irish PPSN tax number.
• Start Date: Tuesday, 15th September.

Full details can be found here.

A&L Goodbody certified WELL Platinum after Dublin expansion

A&L Goodbody has been certified WELL Platinum by the International WELL Building Institute (IWBI). WELL Certification is a leading certification programme focused on the relationship between buildings, organisational practices and human health and wellbeing. A&L Goodbody achieved WELL Platinum, the highest level certification, following the return to its redeveloped Dublin headquarters building at 25 NWQ last year. The law firm is one of only nine organisations in Ireland to achieve WELL Platinum. Read more.

Missed our webinar? Catch up on demand: New Rules on Retirement Age, What Employers Need to Know

Sponsored by HRLocker

Ireland's new contractual retirement age framework is now in force, bringing significant changes for employers.

In this webinar, Laura McKee from Legal Island is joined by Anne O'Connell of Anne O'Connell Solicitors to explain what the new rules mean in practice, including retirement procedures, employee requests to work beyond retirement age, and the steps employers should take now.

Watch the recording HERE or listen to the podcast.

Check out previous discussions:
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Enjoy the weekend!

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