Top 5 reads with your Friday coffee ☕

1. WRC inspections still keeping SMEs up at night 🔍
2. Revised Code of Practice on part-time working published 📢
3. New retirement law… now we wait for the Code of Practice ⏳
4. How do you keep great people when promotions are off the table 🌱
5. Employment stays resilient, says Minister Burke 💼
   

And in other news.................Spruce up your HR toolkit with our new monthly 90-minute online Skill Builder for HR: 6x6 Series - a deep dive into one topic at a time, packed with practical tips and ready-to-use resources, with FREE places available to subscribers (nice perk, right?). You can check out the full list of topics here.

1. Case Law Reviews
2. AI and Employment Law
3. Managing Probation & Performance
4. Revised Code of Practice on Part-Time Working
5. Retirement Age
6. WRC Inspections
7. Apprenticeships
8. Employer Health Insurance Plans
9. Ireland's Labour Market
10. Just In Case You Missed It....
11. HR Developments
12. Employment News in the Media
13. Free Webinars This Month

Maria Monzon v CK Executive Services Ireland Limited ADJ-00058588

Summary: Dismissal justified substantively but procedurally unfair and underpaid.

Practical Guidance for Employers: 

Employers should:

• Ensure that disciplinary decisions are supported not only by substantive justification but also by adherence to fair procedures. Even where conduct appears serious and dismissal is likely, failure to follow proper process can render an otherwise reasonable decision unfair. Written notice of allegations, clarity, and disclosure of evidence are safeguards.
   
  
• Inform employees of their right to representation and, where language barriers exist, take additional steps to ensure meaningful participation. This may include offering an interpreter or ensuring representation is present. Disciplinary procedures should be provided in writing and consistently applied, particularly where dismissal is a potential outcome. The right of appeal must always be communicated in dismissal correspondence.
   
  
• Ensure compliance with wage payment obligations during suspension and on termination. Administrative oversights can give rise to separate statutory breaches.
  

Read the full Review here: Maria Monzon v CK Executive Services Ireland Limited

Vidmantas Masaitis v Mitie ADJ-00057372

Summary: Redundancy claim failed due to absence of dismissal.

Practical Guidance for Employers: 

Employers should:

• Be aware that redundancy entitlements under Irish law are triggered by dismissal, not by organisational change alone. Where an employee remains employed, including during long-term sick leave, employers should exercise caution before engaging in discussions that could be construed as redundancy-related. 
   
  
• Follow a structured capability process supported by independent occupational health assessments. Engagement with the employee should be reasonable, transparent, and focused on medical capacity and future options rather than predetermined outcomes. Employers should ensure that correspondence avoids ambiguity that could give rise to claims of implied dismissal or redundancy.
   
  
• Maintain a clear distinction between redundancy and incapability procedures. Where restructuring occurs, employers must carefully assess whether a role has genuinely ceased to exist or whether operational cover has merely been arranged. Early legal advice, consistent communication, and adherence to statutory definitions will significantly reduce exposure to misconceived claims and ensure defensible decision-making before the WRC.
  

Read the full Review here: Vidmantas Masaitis v Mitie

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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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Irish businesses warn of escalating skills crisis as AI demand surges

Companies report mounting recruitment pressures while Ibec urges urgent release of National Training Fund resources. Ireland’s largest business lobby has warned that persistent skills shortages are now placing a growing brake on company performance, with pressure intensifying as demand for AI related capabilities accelerates across the economy. Think Business has more.

What happens when AI takes over HR?

Ronan Carberry, UCC writes for RTE arguing that the rapid use of AI in human resources is removing human judgement from workplace decisions. Automated hiring and management systems often fail to recognise real human capability and can reinforce bias rather than reduce it. The growth of AI has also led to fewer entry level roles, weakening the pipeline for future leaders. Surveillance and algorithmic management may look efficient but often increase turnover and damage trust. As a result, HR risks becoming a compliance focused function that automates people out of value unless technology is used to support, rather than replace, human development. Read it in full here.

AI impact on Ireland's job recruitment emerges with routine production roles being absorbed

Artificial intelligence is reshaping roles across Irish businesses rather than removing them outright, but it is changing who gets hired and at what level, according to Morgan McKinley Ireland. In its quarterly employment monitor, the recruiter said the marketing sector in Ireland has seen one of the clearest examples of AI-driven displacement with content writing increasingly deprioritised as AI tools absorbed routine production work. The Irish Examiner has more here.

Joint Committee on Artificial Intelligence to discuss successful AI programmes in the public sector

The Committee will hear from officials from state agencies and departments including Citizens Information Board, Office of the Revenue Commissioners and the Department of Foreign Affairs and Trade. More here. 

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode:

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

Listen on 🎧 Spotify🎧 or 🎧 Apple Podcasts.

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

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Skill Builder for HR: Managing Probation & Performance 

📅Thursday, 26 February 2026
⏰12:30 - 14:00 ( 1 hour 30 mins )
📍Online

Part of the Skill Builder for HR: 6 x 6 series, monthly, 90-minute practical HR and employment law sessions designed exclusively for senior HR professionals and business leaders. Leading HR Consultant, Michelle Halloran guides a practical session focusing on the common issues faced when managing probation periods, practical strategies to overcome them, best practices for handling underperformance, the procedures you must follow, and why getting this right is crucial. More here.

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On Thursday, 22 January 2026 the Minister of State for Small Businesses, Retail and Employment at the Department of Enterprise, Tourism and Employment Alan Dillon, signed into law a revised Code of Practice on Access to Part‑Time Working.

Prepared by the Workplace Relations Commission, the updated Code provides practical guidance to help employers and employees agree part‑time arrangements that support flexible, inclusive and modern workplaces.

The Code of Practice on Access to Part-Time Working has now been updated to ensure that it remains relevant and effective. 
It supports best practice in the implementation and management of part-time working arrangements.

The WRC's Press Release can be accessed here.

The Code of Practice on Access to Part-Time Working is available on the WRC’s website.

Code of practice awaited for new retirement law

The Employment (Contractual Retirement Ages) Act 2025 became law after being signed by the President on 16 December. By introducing a new employment right, the legislation allows, but does not compel, workers to remain in their job until age 66, in line with the qualifying age for the State pension. No date has been set for the commencement order, but employers being advised to prepare ahead of the formal commencement of the Act. Joanne Hyde, partner at international law firm Lewis Silkin, provides an overview in this article for RTÉ.

Analysis: Requests to work longer – changes to mandatory retirement ages become law

McCann FitzGerald lawyers Mary Brassil, Donal Hamilton, David McCauley, Eleanor Cunningham and Catherine Austin review upcoming changes to mandatory retirement ages.

Employers with employees who have contractual retirement ages of 65 or lower should be aware that new legislation will restrict the circumstances in which such retirement ages can be enforced. Requests for longer working will now need to be addressed in a manner consistent with the Employment (Contractual Retirement Ages) Retirement Act 2025. The Act was enacted before Christmas 2025, but is not effective until a ministerial order is made commencing the Act. read the full analysis in Irish Legal News. 

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74% of SMEs not confident of passing a WRC inspection

Three-quarters (74%) of small business owners do not feel confident they would pass an unannounced Workplace Relations Commission (WRC) inspection, research from HRLocker shows. The study shows that SMEs are struggling, not because they are non-compliant but because their documentation is fragmented, processes are slow and most are unprepared. You can read more on this from Business Plus Online.

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Minister looks to reduce apprenticeships by a year to increase construction sector workforce

The Government is seeking to reduce the time it takes apprentices to learn key trades from four years to three to address skills shortages in the construction sector reports the Irish Times.

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Employers advised to question their health insurance plans ahead of renewal

Irish businesses have been advised to carefully review and question their company health insurance plans to get the suitable and best value option as prices rise ahead of renewal season. Financial advisory and employee benefits firm SYS Financial has seen all the major health insurance providers raise their premiums from 6.1% to 16% while the government levy has also been increased, with higher charges now applied per adult and child. Business Plus has more. 

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Minister Burke welcomes ongoing employment resilience

Ireland’s labour market continues to perform strongly, with record employment of over 2.8 million last year, rising participation, and sustained growth. The latest CSO monthly unemployment release shows an unemployment rate at 5.0% in December 2025, unchanged from November. While activity rates have softened slightly in recent quarters, the economy continues to add jobs at a healthy rate. The Department of Finance and the Central Bank anticipate that unemployment will remain around 5% on average in 2026 and 2027, which is close to full employment conditions. More here. 

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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.....

NDAs & Confidentiality Clauses in cases of alleged discrimination, harassment, sexual harassment or victimisation: How do I handle it?

It is over one year since the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 came into effect on the 20 November 2024. The 2024 Act amends the Employment Equality Act 1998 by introducing restrictions on the use of Non-Disclosure Agreements where an employee has alleged discrimination, harassment, sexual harassment or victimisation.  One year on, Leah Moriarty, Solicitor at RDJ LLP takes a look at the impact the 2024 Act has had in practice and offer practical guidance to employers navigating this area. Read her full piece here.

Dear Caroline, my leader says I need to be more strategic - but how, when I’m so busy?

Welcome to Dear Caroline - our new monthly HR advice column created for the real questions HR teams across Ireland face every day. From complex investigations and hybrid working challenges to navigating statutory obligations, this series tackles the issues that rarely come with a neat answer. Led by Caroline Kelly, HR Consultant and Coach, Dear Caroline offers practical, down-to-earth guidance grounded in over 20 years’ experience and a genuine understanding of how demanding real working life can be. It’s a friendly, reassuring space to pause, reflect, and gain clarity when HR matters feel a little complicated. More here.

Older demographics in Ireland’s workforce: What organisations and HR need to know about the employment (contractual retirement ages) bill 2025

With life expectancy increasing and health outcomes improving, more employees are choosing or needing to work beyond traditional retirement ages. This is reshaping workplace dynamics and creating new challenges for HR professionals. The Employment (Contractual Retirement Ages) Bill 2025 (enacted 16 December 2025), introduces important changes that organisations and particularly HR specialists must understand to remain compliant and strategically prepared. Read more from Caroline Reidy, Head of HR Solutions, NFP.

What’s happening in employment law in Ireland in 2026?

Irish employment law continued to evolve through 2025, with legislative movement across pay transparency, pensions, equality, and AI governance, alongside active adjudication before the Workplace Relations Commission and the Courts that will shape risk and practice into 2026. Joanne Hyde, Partner, Lewis Silkin LLP sets out the key developments employers need to track for 2026 and beyond here.

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What should HR leaders be looking out for in 2026?

From pay transparency to the right to disconnect, HR leaders face a perfect storm of regulation, technology and rising expectations in 2026. What really matters, what’s overhyped and where should teams focus first?  This article cuts through the noise with practical insight for change without losing people or momentum.

Retaining Top Talent When a Promotion Isn’t Possible

You’ve got a high-performing team member ready for the next step, but there’s no clear move available: no title change, no open seat at the top. Still, you can’t afford to let them stagnate. Harvard Business Review looks at how to keep them engaged and growing. Find out here.

Growing skills gap a 'major strategic threat' to economy

Many employers are grappling with critical skills gaps and report struggling to recruit in the past 12 months, according to a new report by industry group Ibec. It described the growing skills gap as a "major strategic threat" to the economy and called for the Government to unlock the National Training Fund to allow employers to prepare their workforce for the future. More on this from the Irish Examiner. 

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Hours after President Donald Trump toured a Ford pickup truck assembly plant, Ford suspended a worker after he heckled Trump during a factory walk-through. This article from Business Insider spoke with legal and workplace experts in the US to see if the worker has a free speech defense. The lawyers all gave the same advice: employees should watch their mouth if they want to keep their job. You can read more on this. 

The former CEO of a non-profit electronic equipment recycling company allegedly conducted large-scale financial fraud on the firm of at least €3.3m over a period of years, it has been claimed in Commercial Court proceedings. Martin Tobin is also alleged to have used European Recycling Platform Ireland DAC funds for holidays, golf club memberships and hotel stays. The Irish Examiner has more.

RTÉ reports the Irish Nurses and Midwives Organisation (INMO) and SIPTU have announced that their members employed at Caredoc have voted to accept a pay proposal. It brings to an end a dispute between the unions and the GP out-of-hours service that saw workers, including triage nurses, receptionists and drivers, withdraw their labour last month. Access the article here. 

A retired Assistant Garda Commissioner, who was previously involved in investigating complaints of alleged disciplinary breaches in the force, told how it is a “terrifying” ordeal for a serving Garda to be put on suspension accused of wrongdoing. Fintan Fanning was giving evidence at the trial of retired Superintendent, Eamon O’Neill, and four serving gardaí accused of 39 counts of the unlawful quashing of pending or potential summonses for alleged motoring offences including speeding, holding a mobile phone while driving, non-wearing of seat-belts, driving without insurance. You can read more from the Journal.

Recruitment website Indeed has said a "small number" of jobs at its Irish operation are at risk. The company employs more than 1,000 people in Ireland and it is understood staff were informed of the potential redundancies this week, RTÉ reports. 

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MCS Lunch and Learn: Level Up Your Recruitment Strategy for 2026

Rebekah Mulligan, Recruitment Manager at MCS Group and Tara Duffy, HR Specialist Recruitment Consultant provided insights into what's happening in the world of HR and recruitment in terms of how HR roles are evolving, what skills are in demand (in case you're thinking of a move!), AI, employer brand and so much more.  If you missed it, you can catch up here.

Check out previous discussions:
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