What’s Hot in HR This Week 🔍: 

1. How to Conduct an AI Audit (Without Overcomplicating It)
2. Gen Z’s nailed work-life balance - time we took notes.
3. Government unveils plan to boost collective bargaining.
4. Big shake-up for European Works Councils. Are you ready?
5. Managing absence? Our experts have you covered.

And in other news…  Van Gogh’s Starry Night is the new productivity hack boosting output by 38% and creativity by 30% . Who knew art could work harder than caffeine? 🎨

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1. Case Law Reviews
2. Annual Review Session of the Week - What's Next in Irish Employment Law
3. AI and Employment Law
4. European Works Councils
5. Taxpayer to foot the bill for civil service salary errors
6. DEI
7. Government Launches Action Plan to Strengthen Collective Bargaining in Ireland
8. Cybersecurity
9. Updated Employment Agencies List
10. Just In Case You Missed It....
11. HR Developments
12. Employment News in the Media

13. Friends of Legal Island

Dr Yalman Eyinc v HSE ADJ-00052675

Summary: The WRC held that a six-week period of agency work broke the complainant’s continuity of service, meaning he was not entitled to a Contract of Indefinite Duration under the Fixed-Term Work Act.

Practical Guidance for Employers: 

To minimise Contract of Indefinite Duration risk and litigation, employers should:

• Maintain a single service log showing start/end dates, employers of record, and any breaks. Flag where agency engagements interrupt continuity for the 2003 Act.
  
  
• Where fixed terms end, issue clear non-renewal letters in advance, confirming the termination date, that the contract will not be renewed, and the route to apply for future posts.
  
  
• If rehiring after a gap, conduct a documented selection process (advertisement, shortlisting, interview) so the next contract is demonstrably a new engagement rather than a renewal.
  
  
• When you propose to renew, provide a contemporaneous s.8(2) statement with objective grounds and why no CID arises. Where it is not a renewal, ensure the initial contract satisfies s.8(1).
  
• Avoid communications (e.g., rotas sent during gaps) that could suggest sham continuity. If service is genuinely via an agency, liaise through the agency and cease direct rostering.
  
  
• State training/service-need rationale for fixed terms, mobility/rotation expectations, and make explicit that posts are time-bound.
  
  
• Track the six-month WRC window (and potential 12-month extension) following any renewal, ensuring your file has the s.8(2) letter and proof of delivery

Read the full Review here: Dr Yalman Eyinc v HSE [2025]

Breda O Loughlin v Galway University Hospital ADJ-00054681

Summary: The WRC held that Galway University Hospital did not breach maternity rights, as the employee’s two long-day shifts were an informal arrangement, not a contractual entitlement.

Practical Guidance for Employers: 

This decision underscored that maternity return rights attach to contractual terms, not informal patterns. To reduce risk, employers should: 

• Document flexible arrangements. Where you agree non-standard rosters (e.g., two long days), formalise them via a written variation with duration, review dates, and a service-need clause. Absent documentation, the arrangement may be treated as non-contractual. 
  
  
• Plan maternity returns early. At least 8 weeks pre-return, issue a written “return options” note confirming contractual hours, proposed roster, rationale (service needs), and any temporary accommodations.
   
  
• Evidence engagement. Keep a clear trail of emails/meeting notes recording outreach to the employee and HR’s responsiveness. 
   
  
• Train managers. Ensure line managers know s.26 requirements, the difference between contractual and informal patterns, and escalation routes to HR. 
   
  
• Messaging on vacancies. Coordinate internal notices (e.g., WhatsApp shift requests) so they do not appear to contradict positions taken with returners. 
   
  
• Mediation first. Where disputes arise, propose early, documented mediation and, where feasible, a trial roster with review.
  

Read the full Review here: Breda O Loughlin v Galway University Hospital [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: 

What’s Next for Irish Employment Law

Join Deirdre Malone, Head of Employment at EY Law Ireland, as she looks ahead to the key employment law changes coming in 2026. In this closing session, Deirdre will share expert insights and practical steps to help you stay compliant, future proof your workplace, and seize new opportunities in Ireland’s shifting legal landscape. Don’t miss this essential guide to what’s next.

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How to Conduct an AI Audit (Without Overcomplicating It)

New rules like the EU AI Act mean every company now needs to understand where and how AI is being used across their business. The challenge? AI Tools are prolific, easily accessible and often being used outside of business policy. In short, most organisations don’t actually know. An EU AI audit is simply a structured way to find out. Read more from Antony Roberts, Full Fathom Five Founder.

Guidance on the use of AI tools to prepare material for submission to the WRC

The WRC has provided guidance to all parties who come before the Workplace Relations Commission (WRC) who may use Artificial Intelligence (AI) tools to prepare written submissions or documents for use as evidence in their case. You can read the guidelines here.

Why rise of AI could cut women’s salaries

The growing use of Artificial Intelligence could lead to women earning even less than they do now, an expert in the gender pay gap has predicted. On Newstalk Daily, PayGap.ie founder Jennifer Keane explained there are a huge number of factors that contribute to women earning less than men. More here.

Artificial Intelligence jobs doubled in Ireland since 2023 – report

A new report from a Government advisory group has found that artificial intelligence (AI) jobs have doubled in Ireland since 2023. The Expert Group on Future Skills Needs (EGFSN) also found that Ireland is among the top performing countries in the world in respect of both the demand for and the supply of AI talent. RTÉ has more on this.  And you can read the full report direct from the Dept of Enterprise, Tourism and Employment here.

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode: A Report on the AI Reports for this year (Part 1)

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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European Works Councils update: implications of the new EU Directive for employers in Ireland

Major changes to the European Works Council regime are on the horizon, with a new directive set to strengthen employee representation across multinational organisations. As a result, there is an impending change to the current Directive 2009 / 38 / EC (the Directive), which is likely to be implemented soon. In this article, the team at Ogier provide information on the background to these proposed changes, a recap on the criteria for EWCs, the purpose of the proposed changes and what they will mean for Irish employers. More here.

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The taxpayer will be forced to foot the bill for interest and penalties on enormous underpayments of tax by some of the country's most senior civil servants, according to Business Plus. Internal records obtained under Freedom of Information (FoI) legislation reveal how “serious and systemic” failures led to the miscalculation of salaries and payments for hundreds of people, including ministers, civil servants and retired public service workers. Read here.

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New Commission Members Proposed for the Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission (‘the Commission’) yesterday (Thursday 6th November) welcomed the Government’s recommendation of six new Commission Members to be proposed for appointment to serve on the Commission. Reda more direct from the Commission.

Increases to scheme intended to support employment of people with disabilities lacks logic, say organisations

Organisations availing of a Government scheme to support the employment of people with disabilities have said the headline increases to rates announced in the budget misrepresented the “paltry” rises they will receive in 2026. A number of organisations employing more than 23 people with disabilities say the banded increases make little sense. They say the increases are set to undermine participation in the Wage Subsidy Scheme (WSS) by larger employers, which has already been dropping in recent years. More from the Irish Times.

Your Gen Z colleagues have the right idea about work-life balance

Gen Z are a generation who have quickly realised work should not be the centre of your life and does not define your worth. If it's clear what Gen Z is against, it is less clear what they are for. What should replace the traditional corporate culture, where facetime in the office and the appearance of busyness was so highly valued? This article from RTÉ looks at these developments.

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Minister Peter Burke has unveiled Ireland’s Action Plan to Promote Collective Bargaining 2026–2030, a forward-looking strategy designed to strengthen the country’s voluntary industrial relations system. Developed in close partnership with the Irish Congress of Trade Unions (ICTU) and Ibec, the plan delivers on a key Government commitment and aligns with EU Directive Article 4 on Adequate Minimum Wages. It outlines more than 20 targeted actions across five strategic pillars: improving data and research to highlight the benefits of collective bargaining; empowering workplaces through funding and capacity-building; promoting awareness and best practices; protecting workers’ rights through legislative review; and modernising institutions like the Workplace Relations Commission and Labour Court. You can read the full press release here.

The Action Plan can be found here.

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Under-investment in cybersecurity staff and training remains a concern in Ireland

A majority of Irish organisations have strengthened their cybersecurity measures in recent months, yet under-investment in staff training, compliance, and AI-related security remains a significant concern, according to new research from EY Ireland. The study found that 83% of Irish cyber leaders have enhanced cybersecurity measures in the past six months. Business Plus has more on this story.

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Here is the updated Licenced Agencies list as at 01/11/2025. 

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Expert Answers on Managing Absence 

The employment team in Addleshaw Goddard recently collaborated with Legal Island on a full day session covering all aspects of absence management. The sessions looked at ensuring employers are familiar with key concepts under the Employment Equality Acts, 1998-2021 (the “EEA”) and the Sick Leave Act 2022. In particular the sessions focused on providing employers with practical guidance for managing both frequent and long term absences with a particular emphasis on developing clear policies in relation to reasonably accommodating employees to return to work.

In this article Expert answers on managing workplace absence, Edel Flynn and Kate Field of Addleshaw Goddard provide expert answers to some of the key challenges employers face when managing workplace absence.

“I is for Induction:” Why First Impressions Matter

When a new employee joins an organisation, the induction process is far more than a brief tour and sign up to policies. A well designed induction sets the tone for the individual’s employment with the Company. Get it wrong, and you risk early disengagement, wasted investment and higher turnover. Get it right, and you accelerate productivity, build stronger culture and enhance retention. Read more from Charlotte Eakin, HR Consultant, AAB.

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Putting teamwork front and centre: A guide for HR and L&D leaders

This article from the Training Journal explores how HR and L&D professionals can create high-performing teams using proven models, practical strategies, and the human skills that bring them to life. This guide blends research, emotional intelligence, and real-world tools to build team cultures of trust, growth, and sustained collaboration. Read here.

FTSE 100 firms failing to report on workforce data effectively, warns UK CIPD

Inconsistent and incomplete workforce disclosures are hindering investors’ ability to assess people-related risks and opportunities, according to analysis of FTSE 100 annual reports by the CIPD and Railpen. Of the UK’s largest blue-chip firms, 38 per cent reported staff turnover rates –  a key measure of workforce stability – while just one company provided data on recruitment costs. More from People Management.

Rethinking workplace design in the age of hybrid work

In a recent AI-powered workplace experiment, employees’ reactions to classic artworks in the office were tracked. The findings were hard to ignore. Van Gogh’s Starry Night increased productivity by 38% and creative thinking by 30%. Monet’s Bouquet of Sunflowers improved focus by 27% and Kandinsky’s Blue Rider boosted creative thinking by 18%. These tangible performance gains align with wider sentiment we’re seeing in the workforce. Nearly half (46%) of UK workers believe attractive workplaces give businesses a competitive edge, while 77% of companies agree that beautiful, stimulating spaces help people perform better. HR Director has more on this.

Movember: Five things every man should know and every employer can support

With Movember about to start, the charity that focusses on men’s mental and physical health states that there are five things every man should know and do. To help bring this to the reality of the workplace, Towergate Employee Benefits is advising on how every employer can support male employees in the challenge in this article from HR News. More here.

CIPD: HR leaders urge more alignment between people strategy and firms’ business goals

HR and people professionals from across the west gathered in Galway to explore how the sector is evolving to meet the demands of a rapidly changing business landscape. It highlighted the CIPD’s annual HR Practices in Ireland study, carried out in conjunction with the Kemmy Business School at University of Limerick, which found that talent management, resourcing and skill shortages remain top priorities as organisations compete to attract, retain and develop workforces for the future. More from the Connacht Tribune here. 

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A protected disclosure alleging cheating within the electrical craft apprenticeship programme prompted serious concerns of alleged criminal activity and risks to public safety. Minister for Further and Higher Education, James Lawless asked the Attorney General to consider if there may have been a criminal case to answer, after his department became aware earlier this year of allegations that exam papers had been available for sale to apprentice electricians for €50 the night before a test. The claims raised fears for the public from potentially unqualified electricians. The Irish Times has more on this story.

Northern Ireland’s High Court began hearing six test cases relating to a major PSNI data breach. An unprecedented PSNI data breach in August 2023 saw the names, roles and other personal details of all serving police officers and civilian staff inadvertently published on its website. A group action is being pursued by thousands of police officers and staff impacted by the breach and you can find out more from Irish Legal News. 

Space commentator David Moore has been held personally liable for multiple employment rights breaches against a former manager at Astronomy Ireland who said she was forced to quit due to a "toxic" work environment and alleged "serious financial irregularities". The astronomy club and four members of its management committee, including Mr Moore, have been ordered to pay nearly €11,000 to the ex-employee, Sonya Martin, after she complained of constructive dismissal to the Workplace Relations Commission (WRC), reports RTÉ. 

A school canteen lady who was criticised for serving “overflowing” spice bags to students while her employer’s business was struggling has won a case for unfair dismissal, reports Business Plus. The director of the firm, who is married to the company secretary, told the Workplace Relations Commission (WRC) that she had expressed concern about “overflowing spice bags” that the complainant allegedly gave to students. Read here.

A meatpacking worker who said she was transferred to physically tougher duties after telling her manager she was pregnant – before he cut her shifts – has been awarded €20,000 for maternity-related discrimination. General operative Thayane Sousa was awarded the sum on foot of a complaint under the Employment Equality Act 1998 against Asba Meats Ltd, reports RTÉ.

The Health Service Executive (HSE) is examining salaries in all voluntary hospitals around the State after it emerged a Limerick hospital has been paying its chief executive a higher salary than her pay band stipulates. The salary of Emer Martin, chief executive of the St John’s Hospital in Limerick, was increased to that of a higher pay band – breaching the consolidated public pay scales. The HSE said the voluntary hospital is considered H2, under which chief executives can earn between €99,829 and €106,866. However, the board in 2023 agreed to increase Ms Martin’s salary to that of a H3 hospital, which has a salary scale of between €119,571 and €140,747. More from the Irish Times. 

Trade union official Brendan Ogle has dropped High Court defamation proceedings against two senior figures in the Unite trade union. Mr Ogle is an employee of Unite. In September 2023, he issued proceedings against the union's General Secretary Sharon Graham and its former chairman Tony Woodhouse, reports RTE. 

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Alzheimer's Society Fundraiser

This year, our Chairman and founder, Barry Phillips, achieved his 60th orbit around the sun. To mark the occasion (and maybe prove he’s still got it), he decided to take on an Ironman - that’s a 3.8km swim, a 180km cycle, and a full marathon run. All in one day. Madness? Probably.

Over the years at Legal Island, Barry’s seen many of us juggling work while caring for loved ones affected by dementia. It’s something that’s touched a lot of people here, and it’s left a lasting impression on him.

So, in honour of those families — and everyone living with dementia — Barry’s raising funds for Alzheimers.ie. If this cause means something to you too, and you’d like to chip in, even a small donation would make a real difference. You’ll find the link below and a big thank you in advance.

Donate HERE.

Enjoy your weekend.

Legal Island

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