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Busy week? Get the essentials! 📢 Top 5 must-reads this week!
1. 🌴 Career breaks = win-win! Good for you, your boss, and your team.
2. 🎤 Legal Answers to HR Dilemmas: Get expert legal answers at this must-attend event.
3. 🤖 AI or goodbye? Workers using AI will outpace those who don’t—says one TD.
4. ⚖️ Equal pay = ESG priority! Time to make fair pay a business essential.
5. 🌸 Menopause at work! Why it matters and how to build an inclusive workplace.
In other news…JOIN Laura McKee, Legal Island and Sinead Morgan, Legal Director at DAC Beachcroft for our FREE webinar, Managing Protected Disclosures in the Workplace on 19th March at 11am. REGISTER here.
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CONTENTS ⚓︎
- Case Law Reviews
- AI and Employment Law
- Event: Legal Answers to HR Dilemmas – Session of the Week
- International Women’s Day
- DEI
- Industrial Relations
- ESG
- Employment Law Review Group
- Just in Case You Missed It.....
- HR Developments
- Health and Safety Developments
- Employment News in the Media
- Friends of Legal Island
- Free Webinars This Month
1. Case Law Reviews ⚓︎
Máiréad Hanlon v North Kerry Day Care Centre Limited Trading As Ard Cúrum
Complainant: Máiréad Hanlon
Respondent: North Kerry Day Care Centre Limited Trading As Ard Cúrum
Summary: A “reasonable employer” should seek clarification before accepting a resignation.
Practical Guidance for Employers:
- Employers should always seek written confirmation before accepting a resignation. If an employee verbally indicates an intention to resign, follow up formally to confirm their decision. Acting prematurely, as in this case, can lead to unfair dismissal claims. A reasonable cooling-off period and proper communication can prevent costly disputes.
- Try and co-actively engage with employees who dispute their resignation. Ignoring correspondence or refusing to clarify an employee’s status can be seen as an unjustified termination. Dismissals must always follow fair procedures, including discussions, written documentation, and an opportunity for the employee to respond before making final decisions.
Read the full Review here:
Máiréad Hanlon v North Kerry Day Care Centre Limited Trading As Ard Cúrum [2025]
Ian Church v HPL Engineering Services Ltd
Complainant: Ian Church
Respondent: HPL Engineering Services Ltd
Summary: Employee brought a claim to WRC for constructive dismissal following alleged unlawful deduction of wages amounting to a fundamental breach of contract.
Practical Guidance for Employers:
- Employers should try to ensure that fundamental terms of employment, particularly pay rates, are clearly communicated, correctly applied, and not altered without proper notification and consultation. Unilateral reductions in pay, even if due to an administrative error, can constitute a fundamental breach of contract, potentially leading to claims of constructive dismissal. It is essential that any payroll errors be rectified promptly and that employees are kept informed to avoid disputes escalating.
- Employers should also have clear internal grievance procedures and encourage employees to use them before resorting to external complaints. If an employee raises a workplace issue, such as unfair deductions or contract changes; address it immediately and document all efforts to resolve it. Additionally, if an employee walks off-site due to a dispute, employers should follow proper disciplinary procedures rather than leaving their status unclear (in case it is leveraged in a constructive dismissal claim).
Read the full Review here:
Ian Church v HPL Engineering Services Ltd [2025]
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
*Please note that there was an error in last week’s Friday Round Up. The case review of Megan Kenny v Simon Community (Midlands) CLG ADJ-00049654 incorrectly stated that “Ensure employees do not exceed the 48-hour weekly limit under the OWTA unless an opt-out agreement under the Act applies.” This has been amended to state “Ensure employees do not exceed the 48-hour weekly limit under the OWTA unless an exception set out under the Act applies.” Apologies for any confusion caused. Please contact laura@legal-island.com if further clarification needed.
2. AI and Employment Law ⚓︎
'Workers who use AI will replace workers who don't' - TD on positives of artificial intelligence
Fianna Fáil TD Malcolm Byrne has said the benefits of artificial intelligence (AI) will outweigh the negatives if Ireland embraces the technology. Speaking in a recent Dáil debate on AI, the Wicklow-Wexford TD said the notion that people's jobs would be replaced by AI was misguided. However, he believes people should be trained to integrate AI into their work. Breaking News has more here:
https://www.breakingnews.ie/ireland/workers-who-use-ai-will-replace-workers-who-dont-td-on-positives-of-artificial-intelligence-1735133.html
PWC: 2025 CEO Survey: reinvention on the edge of tomorrow
Irish CEOs face a reinvention dilemma: embrace AI and sustainability or risk falling behind. In fact, 94% of Irish CEOs expect AI to be integrated into business processes and workflows in the next three years:
https://www.pwc.ie/reports/ceo-survey.html
Ministers Burke and Smyth welcome Government approval of roadmap for implementing the EU Artificial Intelligence Act
On Tuesday, 4 March 2025, the Government approved a recommendation from Minister for Enterprise, Tourism and Employment, Peter Burke, that Ireland adopt a distributed model of implementation of the EU Artificial Intelligence (AI) Act. This approach will build on the deep knowledge and expertise of the established sectoral regulators. The Government approved the designation of an initial list of eight public bodies as competent authorities, responsible for implementing and enforcing the Act within their respective sectors. More from Gov.ie:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/march/20250305.html
OpenAI’s Deep Dive: "Will HR Ever Need to Google Again?"
This week, Barry Phillips explores OpenAI's revolutionary Deep Research function and asks whether the days of endless HR research rabbit holes are finally over...
https://legal-island.ie/employment-law-hub/openais-deep-dive-will-hr-ever-need-to-google-again
3. Event: Legal Answers to HR Dilemmas – Session of the Week ⚓︎
Legal Answers to HR Dilemmas – Mastering Modern Workplace Challenges
27th March 2025, Online
Speakers: Leading Employment Law Team at Eversheds Sutherland (Ireland) LLP
When staff are away, do you have the right legal and HR safeguards in place? From sickness absences to remote work policies, Legal Island’s Legal Answers to HR Dilemmas event will equip you with expert guidance to manage tricky workplace dilemmas with confidence.
Here is a taster to one of the sessions on the day……
Dilemma 1: Sick of Sick Days? – Learn what works and what doesn’t with absence management
Did you know that employee sickness absence rates in Ireland have been steadily rising? In 2023, the average employee was absent for 7.8 days per year, compared to just 5.8 days in 2019. This surge presents a real challenge for organisations trying to keep things running smoothly while managing health-related absences.
Join Julie Galbraith, Partner, Eversheds Sutherland LLP (Ireland) as she unpacks the legal landscape of sickness absence management. You'll get practical insights into the latest trends, as well as key legal principles, including:
- A clear breakdown of the laws that govern sickness absence in Ireland, including the latest updates on the Sick Leave Act 2022.
- How to stay compliant with the Employment Equality Acts in 2025 when dealing with sickness absence linked to disabilities.
- The essential steps to develop and support effective absence management practices, from identifying trigger points to implementing return-to-work processes – with a focus on best practices and common pitfalls to avoid.
Get practical, up-to-date legal advice to keep your organisation compliant and avoid costly mistakes
Read the full programme and BOOK your place here:
https://legal-island.ie/events/legal-answers-to-hr-dilemmas-roi
4. International Women’s Day ⚓︎
Menopause Matters at Work: Creating Inclusive Workplaces
Karina Todd, Client Services Director, Ireland at Over The Bloody Moon writes for us this month on the topic of menopause at work. Read more about why menopause affects every employee at work:
https://legal-island.ie/employment-law-hub/menopause-matters-at-work-creating-inclusive-workplaces
40% of Irish firms not aware of gender pay obligations
40% of firms in Ireland with between 50 and 149 employees are unaware of their legal obligation to report on gender pay disparities. A survey by HRLocker ahead of International Women’s Day of 100 senior HR professionals in businesses of all sizes across Ireland found that smaller firms are dangerously behind with many at risk of non-compliance. More:
https://www.thinkbusiness.ie/articles/gender-pay-gap-reporting-irish-business/
One in seven Irish firms have no women in senior roles
One in seven Irish businesses still have no women in senior management roles, new research shows. The findings in the annual Women in Business Report by Grant Thornton show that 16.3% of firms have women in senior roles, an increase of 5% on 2024's 11.7%. Some 13.8% of respondents have just one woman on their senior management team. More from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41585908.html
IWD 2025 campaign theme is 'Accelerate Action'
Step forward in solidarity for International Women's Day (IWD) 2025 on March 8 to help #AccelerateAction. At the current rate of progress, it will take until 2158, which is roughly five generations from now, to reach full gender parity, according to data from the World Economic Forum. Focusing on the need to Accelerate Action emphasises the importance of taking swift and decisive steps to achieve gender equality. It calls for increased momentum and urgency in addressing the systemic barriers and biases that women face, both in personal and professional spheres. More from IWD:
https://www.internationalwomensday.com/Theme
International Women’s Day 2025: 3 Best Practices to Increase Representation Among Women in the Workplace
It’s time to move beyond conversations about increasing diversity and retention and commit to strategies that make tangible difference. Here are 3 best practices fromJennifer Tardy Consulting to help increase representation among women in the workplace:
https://www.jennifertardy.com/linkedin-newsletter-articles/international-womens-day-2025
Ireland among leading EU nations for gender balance
Ahead of International Women's Day this Saturday (8 March), the Central Statistics Office (CSO) has put a spotlight on areas of gender balance in the Irish economy and society. According to the European Institute for Gender Equality's gender equality index, which compiles data across work, money, knowledge, time, power and health, Ireland was 73.4% gender balanced in 2022, ahead of the EU average of 71%. Across the six 'themes', Ireland gave the highest reading in health at 94.6% and money at 86.6% but fared less well in work (77.2%), knowledge (68.6%), time (59.5%), and power (67.6%). More from businessplus.ie:
https://businessplus.ie/economy-2/gender-balance-ireland/
5. DEI ⚓︎
Ramadan around the world: Global perspectives on workplace practices
During the Islamic holy month of Ramadan, practicing Muslims will fast from sunrise to sunset for a period of 30 days. In this piece, Ius Laboris explores the considerations for employers during Ramadan and the approaches taken by different jurisdictions:
https://iuslaboris.com/insights/ramadan-around-the-world-global-perspectives-on-workplace-practices/
6. Industrial Relations ⚓︎
SIPTU suspends work-to-rule after talks with Dublin Bus to resolve pay dispute
SIPTU representatives have agreed to suspend work-to-rule industrial action that has led to bus cancellations and delays on Dublin Bus services all this week. The dispute centres on engineering operatives who perform tasks, including maintenance, refueling and cleaning to ensure buses are ready each morning. Read more:
https://www.rte.ie/news/dublin/2025/0306/1500475-dublin-bus-siptu-pay-dispute/
Talks to resume over Section 39 healthcare workers' pay dispute
Talks aimed at resolving the long-running pay dispute in the community and voluntary sector will resume today at the Workplace Relations Commission (WRC). Unions and Government representatives met for several hours on Monday before the talks were adjourned.
https://www.rte.ie/news/ireland/2025/0307/1500664-section-39-pay-talks/
7. ESG ⚓︎
Time to implement equal pay as a core component of ESG
Sustainable remuneration should already be an integral part of a non-discriminatory corporate culture, including by virtue of the Pay Transparency Directive 2023/970/EU, which must be implemented by 7 June 2026. The implementation of the Directive can be very complex because sometimes remuneration data is missing or job descriptions cannot be defined or are incorrect. Even a well-positioned HR department can quickly reach the limits of what can be achieved. This makes it even more important to have a project plan that is graduated according to the type of company and covers the various aspects of the Pay Transparency Directive. Professor Dr. Michael Johannes Pils, Partner at Taylor Wessing explains 5 workstreams and to-dos for companies here:
https://www.taylorwessing.com/en/insights-and-events/insights/2025/03/time-to-implement-equal-pay-as-a-core-component-of-esg
8. Employment Law Review Group ⚓︎
Minister Burke and Minister Dillon address inaugural plenary of the Employment Law Review Group
Minister Dillon thanked the members for their commitment to the important role in reviewing and monitoring Ireland’s employment and redundancy laws to ensure they serve their intended function. The ELRG will work in accordance with the work programme, which will be determined by the Minister after consultation with the Group. More here:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/march/20250304.html
9. Just in Case You Missed It... ⚓︎
Q&A: How do we provide 'reasonable accommodation' in the workplace?
Sarah Linehan, Solicitor at A&L Goodbody examines the recent WRC decision of Mary Tracy v. Smurfit Kappa Ireland Limited t/a the Educational Company of Ireland. In this Q&A, we asked the team at A&L Goodbody to outline what happened in that case and answer important questions on the duty to provide reasonable accommodation in the workplace. Read the full article here:
https://legal-island.ie/employment-law-hub/q-a-how-do-we-provide-reasonable-accommodation-in-the-workplace
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10. HR Developments ⚓︎
Why career breaks are good for you, your employer and co-workers
Analysis: Research suggests that a break from the workplace would benefit employees and employer in ways that are not immediately evident writes Professor Kevin Murphy from the University of Limerick. You can read more on this from RTÉ:
https://www.rte.ie/brainstorm/2025/0303/1499847-career-breaks-sabbaticals-advantages-benefits-employee-employer-co-workers/
Are Entry-Level Jobs Going Away? The Hidden Workforce Shift
Are entry-level jobs going away? Once, new graduates could find jobs that required little to no prior experience, allowing them to build skills while earning a paycheck. But today, many of those same positions demand years of work history, leaving young professionals in a frustrating cycle—unable to get a job because they don’t have experience, but unable to get experience because they can’t get a job. Are companies eliminating entry-level jobs, or are they simply changing in ways that make them harder to access? Forbes has more here:
https://www.forbes.com/sites/dianehamilton/2025/03/01/are-entry-level-jobs-going-away-the-hidden-workforce-shift/
HRDIRECTOR poll delivers damning result on conflict resolution
A recent poll conducted in HRDIRECTOR magazine revealed 76% of employees believe their employers fail to resolve conflict effectively in the workplace. Top reasons for failure is lack of managerial training, fear of escalation and inadequate conflict resolution policies and processes:
https://www.thehrdirector.com/business-news/the-workplace/thehrdirector-poll-delivers-damning-result-conflict-resolution/
Micro-retirements: social media fad or the future of work?
While retiring in the near future is out of the question for the vast majority of people in their twenties and thirties, some younger workers have discovered the next best option – micro-retirements. First coined in 2007 by Timothy Ferriss in his self-help book The 4-Hour Workweek, the idea of taking short career breaks every few years has gained traction nearly two decades later, particularly among younger workers on TikTok. People Management has more on this:
https://www.peoplemanagement.co.uk/article/1908313/micro-retirements-social-media-fad-future-work
Is there a Leadership Crisis? Making the Case for a Leadership Development Programme
HR leaders have seen it coming for years. The pending mass retirement of Baby Boomers. A new generation of workers who began their careers during the pandemic. The increasingly complex role of people managers, from inspiring innovation to supporting employee mental health to navigating rapid changes in technology. Is there a leadership crisis? That depends… More from Paylocity:
https://www.paylocity.com/resources/library/articles/leadership-development-program/
11. Health and Safety Developments ⚓︎
John Fletcher Limited fined €400,000 following death of employee in workplace incident
On Wednesday 5th March 2025, at the Central Criminal Court, Judge Martin Nolan imposed a fine of €400,000 on John Fletcher Limited arising from a fatal workplace incident. On 23rd Nov 2017 a four-person team was tasked with installing plant and equipment on a site at St Patricks University Hospital, James Street, Dublin 8. The system of work deployed involved the employees manually handling a section of the LV switchgear (weighing 772Kg) into an upright position inside the plantroom. An employee of John Fletcher Limited was fatally injured when he was crushed between the side panel of the plant and equipment, and the wall of the plant room. John Fletcher Limited had previously pleaded guilty to four charges in breach of Safety, Health and Welfare legislation. Read more here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2025/john_fletcher_limited_fined_400_000_following_death_of_employee_in_workplace_incident.html
HSA’s Programme of Work 2025
This annual programme marks the beginning of our new strategic cycle 2025-2027. The programme is designed to contribute to the delivery of ambitious strategic priorities and goals across all of the Health and Safety Authority's mandates. Read it in full here:
https://www.hsa.ie/eng/publications_and_forms/publications/latest_publications/programme_of_work_2025.111461.shortcut.html
12. Employment News in the Media ⚓︎
A Department of Foreign Affairs porter who was one of two civil servants sacked in the wake of a data breach and the discovery of an unauthorised computer in the basement of the Passport Office in Dublin in 2022 has lost a challenge to his dismissal. Read more:
https://www.rte.ie/news/business/2025/0306/1500628-sacked-passport-office-porter-loses-dismissal-claim/
Google is streamlining its operations by reducing staff in its cloud and human resources divisions. This strategic shift prioritises artificial intelligence (AI) development and cost optimisation initiatives. The company announced a voluntary severance programme for full-time employees in its people operations division in the United States, offering a severance package including salary continuation and additional weeks based on seniority. More from Tech Central:
https://www.techcentral.ie/google-cuts-jobs-to-prioritise-ai-and-cost-optimisation/
Gibson Dunn, one of the highest-paying law firms in the UK, has suggested Gen Z lawyers require more “hand-holding” as junior employees across the industry push back against long hours and criticism. The firm’s London office is looking for a professional support lawyer to provide targeted training for young staff. A job advert for the role initially cited the need for “more hand-holding/explaining [is] needed for Gen Z/ post-lockdown”. More from Irish Legal News:
https://www.irishlegal.com/articles/england-ad-seeks-hand-holding-lawyer-for-gen-z-solicitors
Chinese video-sharing platform TikTok will let go up to 300 of its Dublin-based staff, the Government has been informed. The move will see as much as 10 per cent of the company’s 3,000 Irish-based staff made redundant. Irish-based staff were first told by the company last month that they will be impacted by job cuts. Coalition sources confirmed the news late on Wednesday. TikTok declined to comment when contacted by The Irish Times about Dublin job losses. Irish Times has more:
https://www.irishtimes.com/business/work/2025/03/05/tiktok-planning-to-cut-up-to-300-dublin-jobs-government-told/
An engineer sacked by Bord Gáis over claims he was offering to do work on the side for its customers has said there is "absolutely no evidence" he accepted cash from a woman who complained about him. Kieran O'Leary, a service engineer for Bord Gáis earning a base salary of more than €60,000 a year, has brought a challenge against his January 2024 dismissal to the Workplace Relations Commission. RTÉ has more:
https://www.rte.ie/news/business/2025/0305/1500419-engineer-says-no-evidence-he-took-cash-for-side-work/
13. Friends of Legal Island ⚓︎
CIPD HR Awards in Ireland 2025
Congratulations to all the winners of the CIPD Ireland HR Awards 2025! Your dedication to excellence in people management and development sets a high standard for the industry:
https://cipdirelandhras.awardsandconferences.com/2025-award-winners
14. Free Webinars This Month ⚓︎
Managing Protected Disclosures in the Workplace
📅 Wednesday, 19th March 2025
⏰ 11:00 AM – 11:45 AM
💻 Online
Did you know 1,162 whistleblowing reports were made to public bodies in 2023? One disclosure even led to €3.7 million being returned to the exchequer! Whistleblowing isn’t going away, and with Ireland now boasting one of the world’s strongest whistleblower protection laws, employers must stay ahead.
Join Laura McKee, Knowledge Partner at Legal Island, and Sinead Morgan, Legal Director at DAC Beachcroft as they unpack key cases, share legal insights, and explore practical strategies to foster a culture of trust while staying compliant.
🎯 What You’ll Learn:
1. What the data from the Office of Protected Disclosures Commissioner’s Annual Report means for your business
2. Key takeaways from recent protected disclosure cases
3. The difference between a protected disclosure and a grievance
4. How to build a culture of transparency and prevent penalisation claims
Live Q&A included—bring your questions!
Register here: https://attendee.gotowebinar.com/register/6651366295212490586
Enjoy the weekend.
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