🍅 Much like the cherry tomato bridge brought unexpected charm to Dublin, our weekly Irish employment law roundup delivers surprising insights and essential updates to brighten your workweek—no clean-up required! 📰✨
This Week’s Top 5: For Busy People, By Busy People!
🛡️1,100 Protected Disclosures in 2023: Whistleblowers stepped up!
👶Childcare Crisis = Recruitment Crisis: Dublin businesses can’t hire without solving it.
📜Employment Law Revamp: New Review Group hits the ground running.
📉Diversity Setbacks: Meta and Amazon scale back—what’s next as Trump’s inauguration looms?
😊Happiest Workplaces: Who’s smiling big at work? Find out!
In other news…………. don’t miss Julie Holmes of Legal Island with Ryan & Rebekah from MCS for a FREE lunchtime webinar next Wednesday, 14 Jan. 🖥 “Kickstart 2025 with Confidence: HR Trends & Recruitment Strategies” is your go-to for staying ahead in HR. Register HERE!
CONTENTS
- Case Law Reviews
- AI and Employment Law
- Childcare
- Recruitment and Restructuring
- DEI
- Whistleblowing
- Hybrid Working
- Cybersecurity
- Just in Case You Missed It...
- HR Developments
- Health & Safety Developments
- Employment News in the Media
- Friends of Legal Island
- Free Webinars This Month
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1. Case Law Reviews
Anne Marie Jones -v- Bord Na Mona Recycling Limited
Reference: ADJ-00052967
Complainant: Anne Marie Jones
Respondent: Bord Na Mona Recycling Limited
Keywords: Gender Discrimination; Equal Pay.
Summary Sentence: WRC dismissed a gender discrimination claim, finding salary disparities were based on experience, not gender.
Practical Guidance for Employers:
Employers should implement:
- Transparent Pay Scales: Establish and communicate clear, objective criteria for salary placement, such as experience and qualifications, to ensure consistency and defend against discrimination claims.
- Document Decision-Making: Maintain thorough records of recruitment, promotion, and salary decisions, including rationale based on experience, skills, and responsibilities, to provide evidence in the event of a dispute.
- Training and Awareness: Train managers and HR staff on employment equality legislation and ensure all salary and employment decisions are free from bias based on gender or other protected characteristics.
The full case review can be found here:
https://legal-island.ie/employment-law-hub/anne-marie-jones-v-bord-na-mona-recycling-limited
An Employee -v- An Employer
Reference: IR-SC-00002856
Complainant: An Employee
Respondent: An Employer
Keywords: Fixed-term Contract, Dismissal Procedures
Summary Sentence: A fixed-term employee’s dismissal was upheld as fair due to CV discrepancies and adherence to contract terms.
Practical Guidance for Employers:
Employers should:
- Conduct Thorough Reviews: Regularly review employee credentials and maintain accurate records, especially when renewing fixed-term contracts, to prevent discrepancies.
- Provide Notice for Meetings: When discussing employment status, provide adequate notice and clearly outline the agenda to ensure transparency and fairness.
- Adhere to Procedures: Follow fair and consistent procedures when handling dismissals, including clear communication of reasons for termination and ensuring any promised follow-up correspondence is provided.
The full case review can be found here:
https://legal-island.ie/employment-law-hub/an-employee-v-an-employer
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://www.legal-island.ie/employment-law-hub/case-law-search-page/
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2. AI and Employment Law
Concern over staff getting blamed for cyber breaches – survey
Almost three-quarters of office workers believe their employer holds staff personally responsible, either through disciplinary action or unfavourable treatment, for cybersecurity incidents, according to a new survey. Research from IT.ie and SonicWall reveals feelings of blame when it comes to cybersecurity at work, with 29% of office workers reporting that at least one person in their organisation has been fired for accidentally causing a breach. Read in full:
https://www.rte.ie/news/2025/0116/1491103-cybersecurity-survey/
GenAI will transform 90% of jobs in the next decade - how should business leaders prepare?
Research was conducted by Cognizant Research; however, the results does not mean GenAI is replacing humans. Instead GenAI is emerging as a powerful productivity tool, reshaping roles and creating new opportunities for businesses. To navigate this seismic shift, business leaders must take proactive steps to integrate AI strategically and support their workforce through the transition. Business Plus has more here:
https://businessplus.ie/business-insights/genai-jobs-ollie-odonoghue/
How to use Chat GPT to land a pay rise: tips from an Irish HR expert
Career coach Melissa Stone has revealed six ways to secure a salary hike in 2025 - and recommends using ChatGPT to prepare for pushback in this article from the Irish Mirror:
https://www.irishmirror.ie/news/irish-news/how-use-chat-gpt-land-34478439
Why Are Employers Playing Hard to Get with ChatGPT or Copilot?
In a week in which the UK Prime Minister is promising to unleash AI in the UK Barry Phillips ask why is it that employers seem reluctant to embrace GenAI in the workplace.
Why Are Employers Playing Hard to Get with ChatGPT or Copilot?
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3. Childcare
Nine in ten Dublin businesses say childcare crisis is barrier to recruiting (and keeping) staff
Nearly nine in ten businesses in Dublin say the childcare crisis is a challenge to their staff recruitment and retention. In a survey conducted by the Dublin Chamber of Commerce, 88% of businesses said childcare challenges are impacting their operations, with one-fifth saying it is their biggest obstacle. Lack of affordable housing was cited by 84% as the greatest threat to Dublin’s competitiveness. More from the Journal:
https://www.thejournal.ie/nine-in-ten-businesses-in-dublin-say-childcare-crisis-is-damaging-staffing-levels-6592273-Jan2025/
Working parents increasingly stressed
The Annual Modern Families Index 2025 from Bright Horizons, the community and workplace nursery provider found 29% of working parents feel very stressed – comprising 32% of women and 26% of men. Eight out of 10 of those reporting very high levels of stress said that it makes it hard for them to focus at work. Data taken from the past five years shows just how stark the difference is between the highs and lows of employer support. After reaching its highest point in 2023, the index is now reporting a slow decline. More from Personnel Today:
https://www.personneltoday.com/hr/working-parents-stress-modern-families-index-2025-bright-horizons/
Stay-at-home parent role valued at annual salary of €57k - study
The estimated annual salary of a stay-at-home parent has been calculated to be €57,140, according to new research. The analysis was carried out by pension and life insurance provider Royal London Ireland. The salary figure for a stay-at-home parent is up from an estimated €54,590 in 2023 and €40,560 in 2015, when the company first undertook the same research. RTÉ has more:
https://www.rte.ie/news/business/2025/0109/1489793-stay-home-parent/
What’s in the government programme for business? Does it include cost of childcare?
The programme for government is a sprawling 162 pages covering the incoming coalition’s plans for every department and policy area across the next five years. But what jumps out?
- The government commits to creating 300,000 extra jobs by 2030.
- The programme for government commits to “progressively” reducing the cost of childcare to €200 per month per child through the National Childcare Scheme
- On disabilities, the government has promised to publish and fund a new National Disability Strategy, “setting out a vision to 2030”.
You can read more with the Irish Times here:
https://www.irishtimes.com/politics/2025/01/15/main-points-what-we-know-so-far-about-the-new-programme-for-government/
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4. Recruitment and Restructuring
Enterprise Ireland firms 'overachieve' by creating nearly 16,000 jobs in 2024
Enterprise Ireland client companies have “overachieved” on the Government agency’s three-year growth target, creating nearly 16,000 new jobs last year and setting a new employment record. According to Enterprise Ireland’s end of year results, during 2024 companies supported by the agency created 15,741 new jobs bringing the total number employed by their clients to 234,454. The jobs growth translates into a net increase of 6,212 jobs created last year. The Irish Examiner has more here:
https://www.irishexaminer.com/business/companies/arid-41553940.html
Action on care workers’ pay needed due to recruitment crisis
SIPTU representatives have called on the Government to honour a commitment to raise the Minimum Annual Remuneration thresholds required to obtain an employment permit for Health Care Assistants (HCAs) and Home Support Workers or face a worsening crisis in these services. Union representatives are also seeking negotiations with the Department of Enterprise, Trade and Employment on the future of care work in Ireland. At these Union representatives would seek to ensure transparency in pay and conditions in the Sector as well as equality of treatment for all workers. The full statement is available from SIPTU here:
https://www.siptu.ie/action-on-care-workers-pay-needed-due-to-recruitment-crisis/
Meta set to lay off 5% of its workforce as government gauges potential Irish impact
Facebook’s parent company Meta plans to dismiss approximately 3,600 employees identified as “low performers” and replace them with new hires, according to an internal memo reported by Bloomberg. The company confirmed CEO Mark Zuckerberg’s decision will affect 5% of its workforce. Meta had approximately 72,400 employees as of September, roughly 2,000 of whom are based in Ireland. It was not immediately clear if the cuts would affect Irish-based workers, which has been the case in previous rounds of lay-offs. You can read more on this from the Journal:
https://www.thejournal.ie/meta-job-cuts-5-workers-ireland-6593920-Jan2025/
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5. DEI
Meta, Amazon scale back diversity programmes ahead of Trump inauguration
Facebook owner Meta Platforms and Amazon.com are winding down diversity programmes ahead of Republican Donald Trump's return to the US presidency as conservative opposition to such initiatives grows louder. Meta is ending its diversity, equity, and inclusion (DEI) programmes, including those for hiring, training and picking suppliers, it said in an internal memo to employees on Friday - the latest in a series of actions cheered by conservatives. More from RTÉ:
https://www.rte.ie/news/business/2025/0113/1490450-meta-and-amazon-scale-back-diversity-programmes/
Apple pushes back on call to end diversity programme
Apple's board has asked its investors to vote against a proposal to end its Diversity, Equity, and Inclusion (DEI) programmes. It comes after a conservative group, the National Center for Public Policy Research (NCPPR), called on the technology giant to abolish its DEI policies, saying they expose firms to "litigation, reputational and financial risks". More from the BBC:
https://www.bbc.co.uk/news/articles/cjex3878z3wo
For the fourth year in a row, An Post has reported a zero gender pay gap
The figures, which measure the difference between what men and women earn, show that the mean gender pay gap at An Post for 2024 was -2.8% in favour of females, while the median gender pay gap was 0.7%. An analysis of 2023's figures by PwC revealed that the mean hourly gender pay gap reported across 550 companies was 11.2%, down from 12.6% the previous year. More from RTÉ:
https://www.rte.ie/news/business/2025/0114/1490660-an-post-gender-pay-gap-report/
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6. Whistleblowing
Over 1,100 protected disclosures in 2023
Annual figures are now being published as a result of legislative changes made by the Protected Disclosures (Amendment) Act 2022. The first annual report reveals that 1,162 reports were made in 2023, of which 173 (15 per cent) were made internally and 989 (85 per cent) were made externally to prescribed persons or to the Office of the Protected Disclosures Commissioner. More form Irish Legal News:
https://www.irishlegal.com/articles/over-1100-protected-disclosures-in-2023
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7. Hybrid Working
Significant changes are on the way for some remote workers as employers insist on a return to the office this year
Listen to Linda Hynes, Partner, Lewis Silkin’s insights on the evolving landscape of worker entitlements here:
https://www.rte.ie/radio/radio1/clips/22478837/
Five years of hybrid working fuels historic performance challenges
Research of HR professionals found over half (55%) said that managing historic performance was the biggest challenge when it comes to performance management. Remote and hybrid working made it difficult to monitor and address performance and now the longer-term effects of the workplace of the last five years could be this historic underperformance that HR is now battling. More from HR Director:
https://www.thehrdirector.com/business-news/hybrid-work/five-years-hybrid-working-fuels-historic-performance-challenges/
Lloyds to assess office attendance when awarding top executives’ bonuses
Lloyds Banking Group will take into account the office attendance of senior executives when awarding their bonuses, according to two people familiar with the matter. The move by Lloyds, which has more than 60,000 staff, is the latest sign of the financial services industry seeking to tighten up its enforcement of hybrid-working policies almost five years since the coronavirus pandemic. More from the Irish Times:
https://www.irishtimes.com/business/2025/01/15/lloyds-to-assess-office-attendance-when-awarding-top-executives-bonuses/
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8. Cybersecurity
Concern over staff getting blamed for cyber breaches – survey
Almost three-quarters of office workers believe their employer holds staff personally responsible, either through disciplinary action or unfavourable treatment, for cybersecurity incidents, according to a new survey. Research from IT.ie and SonicWall reveals feelings of blame when it comes to cybersecurity at work, with 29% of office workers reporting that at least one person in their organisation has been fired for accidentally causing a breach. You can read more about this from RTE:
https://www.rte.ie/news/2025/0116/1491103-cybersecurity-survey/
EU reveals plan to shield health sector from cyberattacks
EU member states reported 309 significant cybersecurity incidents affecting the healthcare sector in 2023, which was ‘more than in any other critical sector’. The European Commission has presented an action plan aimed at strengthening the cybersecurity of hospitals and healthcare providers. The plan has four main priorities: to implement enhanced prevention; to provide better detection and identification of threats; to provide a rapid response to cyberattacks to minimise impact; and to protecting European healthcare systems by deterring cyberthreat actors from attacking them. Silicon Republic has more on this:
https://www.siliconrepublic.com/enterprise/eu-commission-europe-healthcare-cybersecurity-plan
‘Rage deletion’ a growing challenge for HR leaders
Nearly 1 in 6 workers has witnessed a colleague intentionally deleting important company data before quitting — a phenomenon dubbed “rage deletion,” according to the Work Trend Security Report from data backup and recovery firm CrashPlan. The study, which surveyed more than 2,300 workers, found that Gen Z employees are twice as likely to engage in such behaviour, with 1 in 10 admitting to deliberately destroying company files before they bolt. Worklife has more:
https://www.worklife.news/talent/the-rise-of-revenge-quitting-is-a-growing-challenge-for-hr-leaders
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9. Just in Case You Missed It...
Handling Requests for Accommodations in a Fair and Legally Compliant Manner
Sarah Kavanagh from the Employment team at DWF provides guidance:
Handling Requests for Accommodations in a Fair and Legally Compliant Manner
Leah Moriarty looks at recent developments in this month’s ‘How do I handle it’ from RDJ LLP:
How do we handle non-disclosure agreements and confidentiality clauses in light of recently introduced changes under the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024?
NDAs and Confidentiality Clauses - How do I handle it?
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10. HR Developments
World’s Happiest Workplaces Announced
The official World’s Happiest Workplaces 2025 List has been published by the leading employee experience platform, WorkL, showcasing the happiest workplaces globally. HRD Connect has the full list here:
https://www.hrdconnect.com/2025/01/14/worlds-happiest-workplaces-announced/
How to retain good people
One way in which companies compete for the best people and try to make sure they stay is by offering flexibility and a range of benefits – some of which have not been on the table in the past. Ius Laboris provides practical tips:
https://iuslaboris.com/insights/how-to-retain-good-people/
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11. Health and Safety Developments
SIPTU warns of increased assaults on Dublin City Council workers
SIPTU has warned that there has been a marked increase in assaults on Dublin City Council workers. The union is calling for action to safeguard staff from physical assaults while carrying out their duties in communities. According to SIPTU, the most recent incident was an unprovoked attack on a caretaker in the Ballybough area of Dublin earlier this month and you can read more here from RTÉ:
https://www.rte.ie/news/dublin/2025/0113/1490601-dublin-assaults/
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12. Employment News in the Media
Data compiled by the National Pension Helpline revealed that in Louth, 496 job-seekers per 10,000 inhabitants were signing on each week. At the other end of the scale, Meath was the county with the lowest unemployment rate per capita, with only 170 people signing on per 10,000 inhabitants – a rate almost three times lower than neighbouring Louth. Kilkenny was the next lowest with 209 per 10,000 people, followed by Cork (234) and Kildare (259) reports the Irish Mirror:
https://www.irishmirror.ie/news/irish-news/county-unemployment-rate-revealed-dole-34472377
Trade union organisations have criticised a recommendation by an advocate general of the European Court of Justice that the European Union’s recent adequate minimum wage directive be annulled its entirety. In a case taken by Denmark, supported by Sweden, Nicholas Emiliou, found that the European Commission and European Parliament had exceeded their authority by adopting the directive which is intended to provide stable mechanisms for updating and increasing national minimum wage levels across the EU reports the Irish Times:
https://www.irishtimes.com/business/work/2025/01/15/unions-appalled-by-advocate-general-recommendation-minimum-wages-directive-be-annulled/
The ESB has denied operating a blacklist after a former lineman claimed his involvement in a labour dispute nearly two decades ago may have been the reason he was not re-hired by the State utility. A WRC adjudicator said she was "alarmed" by posts the complainant made on social media about "pushing the tip of a spear through the cold black heart of the ESB". The worker, Wayne Murphy, said it was "just a metaphor" and that he had no idea Facebook posts he intended for his family and friends were being passed to the company by persons unknown – but that he made no apology for them. More from RTÉ here:
https://www.rte.ie/news/business/2025/0115/1491077-esb-denies-operating-blacklist-after-allegations/
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13. Friends of Legal Island
New Employment Law Review Group - Minister appoints Chair and Members to the ELRG
The Minister for Enterprise, Trade and Employment, Peter Burke TD, has signed Warrants of Appointment for the Chair and Ordinary Members of the Employment Law Review Group (ELRG). The ELRG’s function will be to monitor, review, and advise on all aspects of employment and redundancy law, with a specific focus on promoting good workplace relations in the State, simplifying the operation of employment and redundancy law in the State, and ensuring that the State’s suite of employment rights and redundancy legislation remains relevant and fit for purpose and is updated to reflect international developments. Professor Michael Doherty was appointed the Chairperson to the ELRG. The Minister has also signed Warrants of Appointment for six independent Ministerial nominees as Ordinary Members of the ELRG:
- Dr Desmond Ryan
- Cathy Smith
- Kevin Duffy
- Anne Lyne
- Claire Bruton
- Deirdre Malone
More here:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/january/20250110.html
Read more from Irish Legal News here:
https://www.irishlegal.com/articles/professor-michael-doherty-to-chair-employment-law-review-group
🏆 Congratulations to the winners for Employment and HR in Mondaq's Autumn 2024 Thought Leadership Awards, recognising the most-read authors across all topic areas in their country.
Well done to Jennifer Cashman, RDJ LLP, Ailbhe Dennehy, Matheson and Fintan Clancy, Arthur Cox from all at Legal Island! Read more here:
https://awards.mondaq.com/Home/Topics/5/8
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14. Free Webinars Next Month
💼 Kickstart 2025 with Confidence: HR Trends and Recruitment Strategies with MCS Group
🗓 22 January | 🕛 12:00 – 12:45 PM
Calling all HR professionals! Looking for fresh insights to lead your recruitment strategy in 2025? Join us for a FREE 45-minute lunch-and-learn webinar on 22 January 2025, hosted by Legal Island in partnership with MCS Group.
Recruitment experts Ryan and Rebekah from MCS Group, will be bringing together the top trends, tools, and takeaways to help you stand out in the competitive world of talent acquisition:
- Learn from 2024’s lessons: See how last year’s key developments are shaping the hiring strategies of tomorrow
- Simplify and save: Discover smart ways to cut costs, streamline processes, and harness automation.
- Win the war for talent: Get expert tips to engage candidates and secure standout hires in a competitive market.
- Plan for what’s next: Stay ahead with insights into emerging job roles, salary shifts, and sector-specific demands.
Plus, Julie from Legal Island will be on hand to pose your questions directly to Ryan and Rebekah, making sure you leave with the answers and actionable insights you need. This isn’t just another webinar—it’s your toolkit for 2025 success! Grab your lunch, reserve your spot, and get ready to learn with Ireland’s recruitment leaders to elevate your hiring strategy.
Register here:
https://attendee.gotowebinar.com/register/393202294472814432?source=WR+ROI
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:
https://www.legal-island.ie/resources/webinar-recordings/
Enjoy the weekend!
Legal Island
