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.
Autumn may be all cosy jumpers and pumpkin spice, but in HR there’s no hibernating. 🍁 🦊 Catch up on this week’s essential updates in employment law and HR.
This Week’s HR Hotlist: 5 Reads You Can’t Miss
- Gender Pay Gap: November is coming fast! Are you prepared?
- Hybrid Working: Entitlement or expectation?
- Psychological Safety: The edge in uncertain times.
- AI Fluency: The must have skill for every workforce.
- Auto Enrolment vs Pensions: Which works best for your people?
And in other news...it turns out two ‘nice’ bottles of wine can lead to a very bitter end (and probably a bad hangover!) – the WRC has backed an employer’s decision to dismiss. 🍷 Read more 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 ⚓︎
Mary Dempsey v University of Galway ADJ-00046044
Summary: WRC found that the university did not discriminate on gender or age grounds in rejecting a 2022 professorial promotion application.
Practical Guidance for Employers:
Employers should:
- Maintain documented promotion and selection procedures with objective, published criteria. All panel members should complete equality and unconscious-bias training and apply the same scoring system to every candidate. Providing written feedback and offer a structured appeal mechanism.
- Retain full records of applications, scoring sheets, panel deliberations, and any information submitted by candidates. Communicate timelines and outcomes promptly and consistently. When feedback meetings occur, keep minutes.
- Avoid any practice that could give the appearance of preferential or disadvantageous treatment, such as informal “extra credit” for individual circumstances. Instead, use policies that already accommodate protected leave or career breaks. Regularly review promotion outcomes by gender, age, and other protected grounds to identify and address potential systemic bias.
Read the full Review here: Mary Dempsey v University of Galway [2025]
An Garda Síochána v Tom Ronan EDA2560
Summary: The Labour Court held that An Garda Síochána did not discriminate on age grounds in compulsorily retiring a civilian driver at 70, confirming that there is no discretion to extend employment beyond the statutory retirement age.
Practical Guidance for Employers:
As this case concerned a statutory retirement regime for public servants, the Court offered little direct guidance for private employers. However, it indirectly reinforces two points relevant to all organisations:
- Follow the law precisely. Where retirement ages are specifically set by statute, employers have no real discretion to extend employment.
- Know your cohorts and contracts. Different recruitment periods may create distinct retirement conditions; consistent documentation and clear communication of those terms are essential to avoid claims of unequal treatment.
Read the full Review here: An Garda Síochána v Tom Ronan [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.
2. Annual Review Session of the Week - Irish Employment Law: The 2025 Debrief ⚓︎
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.
Irish Employment Law: The 2025 Debrief
Jennifer Cashman, Partner and Head of Employment Group, RDJ LLP is here, as ever, to give her assessment of what’s important for YOU to know for Ireland’s workplaces. Jennifer delivers her annual round-up of the key employment law developments in 2025 and sets out the trends that have emerged since November last year.
3. AI & Employment Law ⚓︎
AI Fluency as an essential element towards a smarter workforce
How can leaders guide their teams to not just use AI, but to think with AI? HRD Connect has more.
AI for HR Weekly Podcast – with Barry Phillips
"AI as a recruitment tool – is it really as useful as we are led to believe?"
This week Barry Phillips considers whether or not employers are really winning the battle to recruit more efficiently using AI.
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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4. Remote & Hybrid Working ⚓︎
Employees feel ‘entitled’ to hybrid working, says head of Lewis Silkin’s Dublin office
In the aftermath of the Covid-19 pandemic, some employees have been left feeling “entitled” to remote and hybrid working, according to Síobhra Rush, head of employment law firm Lewis Silkin’s Dublin office. For employers, she says, you have to find the balance between fairness, flexibility and what is reasonable. Read more here.
AIB staff to vote on solutions amid backlash to return-to-office protocol
The trade union for financial services workers is to ballot AIB staff on new hybrid working protocols put forward by the bank, after the company’s original return-to-office protocol caused “significant backlash”. More from the Journal.
Employee satisfaction is intricately entwined with the physical workspace
Mitie’s Productivity Reset Report reveals employees don’t feel recreational activities and games rooms contribute meaningfully to workplace satisfaction. Research highlights how neglected workspaces fuel job dissatisfaction as employees call for better designed offices The majority prefer purpose-built workspaces which support their performance with almost nine in ten (88%) stating a well-maintained office is key to satisfaction. More from HR Director.
Still struggling to get remote and hybrid work right in your organisation? You’re not alone but help is at hand.
At our Annual Review of Employment Law on 27 November, Caroline Reidy, MD of The HR Suite, will deliver a must-attend session: Hybrid Still isn’t Working – Here’s How HR Can Fix It. Packed with practical insights and proven strategies, this session will equip you to overcome the challenges that are holding your workforce back.
Don’t miss your chance to futureproof your HR strategy. Explore the full programme today.
5. Pensions ⚓︎
Pension crisis: 26% of Irish adults surveyed have no financial plans for retirement
More than a quarter of Irish adults have no financial plans in place for their retirement, and a majority expect to rely on the State pension when they stop working. The Competition and Consumer Protection Commission (CCPC) said the figures show a clear gap in pension coverage in Ireland, even among those a decade or two away from retirement, as the Government prepares to introduce auto-enrolment pensions in the new year. The Irish Examiner has more on this.
Auto-Enrolment Retirement Savings Scheme vs Occupational Pension Schemes
The State’s Auto-Enrolment Retirement Savings Scheme is scheduled to launch on 1 January 2026. Mason Hayes & Curran have created a table outlining the key features of My Future Fund compared with traditional Occupational Pension Schemes. See it here.
Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025
The Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 was been signed into law by the President in July 2025. It amends and extends the Social Welfare Acts. It extends eligibility for the current Widow’s, Widower’s and Surviving Civil Partner’s (Contributory) Pension. It also broadens access to other similar social welfare schemes for Qualified Cohabitants in Ireland. MHC review the Act and highlight the key sections that pension providers should be aware of. Find out here.
6. Pay ⚓︎
Gender Pay Gap Reminder
If you're an employer and are looking at reporting for the first time if you have over 50 employees or just brushing up on what needs to be done, Gov.ie has helpful FAQs document that you can check out here.
Payroll Tax Disclosure Opportunity for Employee Misclassification after Karshan case
On 11 September 2025, the Revenue Commissioners published new guidance setting out how employers can correct payroll tax issues arising from the misclassification of employees as self-employed persons. Mistakes for the 2024 and 2025 tax years must have been bona fide errors, and the window for availing of these favourable settlement terms will close on 30 January 2026. McCann Fitzgerald have more on this.
Do you receive a fair salary? Pay worries divide Europeans
Receiving a fair salary based on skills and experience supports the EU’s commitment to promoting social justice and equality. However, two-thirds (67%) of people in the EU are concerned about not receiving a fair salary based on their skillset and experience. In 22 EU countries, at least half of respondents are worried about not receiving a fair salary. More from Euronews.
84% in Ireland worried about cost-of-living crisis, survey finds
A total of 84% of people in Ireland are worried about the cost-of-living crisis, while fewer than one in seven believe the Government is doing enough to address it. Almost half of 1,243 adults surveyed by Ipsos B&A for the Irish Human Rights and Equality Commission (IHREC) said they feared that they would not meet household costs in the year ahead. More from RTÉ.
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7. Band of Reasonableness ⚓︎
Proportionality considerations and risks of re-engagement of former employees
In the case of ADJ-00052619 (Link Here), the Workplace Relations Commission (WRC) Adjudication Officer (AO) found that the Respondent acted disproportionately in dismissing a warehouse operative for gross misconduct when he called his manager "useless". Initially, following a disciplinary process, the Complainant received a final written warning. On appeal, the appeals officer deemed the sanction too lenient and elevated it to dismissal for gross misconduct. Fieldfisher looks at whether the dismissal fell within the “band of reasonable responses” available to the employer. Read more.
8. Just In Case You Missed It...... ⚓︎
Skills-Based Hiring & AI: The Future of HR Strategy
The labour market is undergoing profound transformation. Global skills shortages, rapid digitalisation, and shifting employee expectations are all challenging the traditional recruitment model. According to the World Economic Forum, 44 per cent of workers’ skills will be disrupted within the next five years. For HR professionals, this creates both a challenge and an opportunity: to move away from rigid qualifications-based hiring and embrace a skills-first approach that prioritises capabilities over career pedigree. Ryan Calvert, Head of HR, Sales, Marketing and Legal Recruitment at MCS Group has more on this on our Employment Law Hub.
My employee has not been in contact with me and has not turned up to work for months: How do I handle it?
It may seem reasonable to assume that an employee who has failed to attend work for an extended period has abandoned their role. In practice, however, the Workplace Relations Commission (WRC) and the Irish courts have consistently confirmed that the bar for establishing abandonment of employment is set very high.
In our latest How Do I Handle It? article, Isabelle Mannix, Solicitor at RDJ, explores this important issue in detail.
You can also explore the full range of articles in the How Do I Handle It? series by clicking here.
Webinar: Auto-Enrolment 2025: What HR Needs to Know and Do
Ireland’s new auto-enrolment scheme is going live, with big implications for HR contracts, payroll, and staff communication. Missed it yesterday? Catch up now on our webinar, hosted by Julie Holmes from Legal Island, and hear Caroline Reidy’s expert guidance to help your organisation stay ahead.
9. HR Developments ⚓︎
Are 'quiet holidays' influencing your workplace?
The rise in silent holidays can be attributed to how the boundary between work and home has become increasingly blurred reports RTÉ. According to an Out of Office Culture survey conducted online by the Harris Poll, 37% of millennial workers have taken time off without informing their manager or employer. More here.
Amid hiring freezes, HR leaders turn to internal mobility and upskilling
Facing lower turnover and hiring freezes, HR pros are prioritising internal mobility and skills-based shifts in their organisations. You can read more from HR Dive here.
Different ways of communicating is a multigenerational workforce challenge
Despite efforts to improve intergenerational working, including flexible working (50%), social activities (43%), training (40%), and a quarter of employers adopting age-related strategies, generational challenges persist. Over a third of Gen Z label their own generation as “lazy,” and half say they are “entitled,” views echoed by nearly half of employers. HR Director has more.
The power of psychological safety in uncertain times
Do you feel safe to speak up at work? Can you ask questions, raise concerns, and offer new ideas without hesitation? If not, you’re not alone, and your organisation could be missing out. In today’s unpredictable and fast changing world, having a culture where people feel safe to speak openly is a valuable asset. The Training Journal has more on this.
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10. Employment News in the Media
Niamh Sweeney has appointed data protection commissioner. There will now three data protection commissioners, following the appointment of Dr Des Hogan and Dale Sunderland in February 2024. Ms Sweeney has over 20 years’ cross-sectoral experience spanning technology, public service and media. More from Irish Legal.
As if DAA, the operator of Dublin and Cork airports, did not have enough on its plate, the board has fallen out with chief executive Kenny Jacobs in what seems certain to end in an expensive and disruptive parting of the ways. On his appointment less that three years ago, DAA chairman Basil Geoghegan hailed the “leadership, expertise and experience” of Jacobs, which he said would be “vital” as the airports group and its board “embrace the growth opportunities that lie ahead”. Not any more. You can read more on this from the Irish Times.
A Business Development Manager left “devastated” by his dismissal over taking two ‘nice’ bottles of red wine from the workplace without authority, has lost his claim for unfair dismissal. This follows Workplace Relations Commission (WRC) Adjudicator, Davnet O'Driscoll finding that the dismissal of David White by Imac Facilities Gormanston Park was fair. More from Breaking News.
The Irish Times reports a former salesman at an IT multinational alleged that he was offered a “bribe” by a middleman for a distributor who is claimed to have benefited from an alleged discount of hundreds of thousands of euro on a contract with an Arab government ministry, a tribunal has heard. Cork-headquartered Solar Winds is defending statutory complaints under the Unfair Dismissals Act 1977 and the Protected Disclosures Act 2014 brought by Ali Izzy, a former salesman based at its Cork offices managing business with clients in Saudi Arabia, Yemen and Bahrain. More here.
11. Health and Safety Developments ⚓︎
HSA: New Code of Practice for safe use of industrial trucks
The Code of Practice, effective from 12 September 2025, offers practical guidance on complying with the Safety, Health and Welfare at Work Act 2005 regarding industrial truck use in workplaces. It outlines key responsibilities for safe operation and operator training, replacing the 2001 Code issued under the 1989 Act. The Code applies to anyone involved in owning, operating, or managing rider-operated industrial lift trucks. Learn more.
Enjoy your weekend!
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