🚀 This Week’s Must-Read Top 5! (For busy people who need the key updates - fast!)

1. 📅 Big decision ahead! Cabinet to weigh in on changes to contracted retirement age.
2. 🤝 Workplace politics? Why diplomacy isn’t just for the White House.
3. 🤖 AI: Friend or Foe? What it can (and can’t) do for your job.
4. 💼 US tariffs trouble? Donohoe warns up to 80,000 Irish jobs could be at risk.
5. 🌍 DEI in the spotlight! New draft employment laws put diversity front and centre.

And in other news………….join us at our FREE WEBINAR: Trump’s DEI Rollbacks - A Wake-Up Call for Irish HR Leaders? 15th April at 11am REGISTER 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.**

1. Case Law Review
2. AI and Employment Law
3. Recruitment and Retention
4. Pay
5. Retirement Age
6. DEI
7. Data Protection and Cybersecurity
8. Industrial Relations
9. Just in Case You Missed It...
10. HR Developments
11. Health & Safety Developments
12. Employment News in the Media
13. Ireland to finally implement Tea Alarm Legislation
14. Free Webinars This Month

Martyn Reynolds v TLI Group Limited

Complainant: Martyn Reynolds

Respondent: TLI Group Limited

Summary: Employer not required to create a role to comply with reasonable accommodation obligations.

Practical Guidance for Employers: 

Employers should ensure that employees are aware of their obligation to disclose relevant medical information, particularly where health issues may impact safety-critical roles. Upon receiving notification of a disability, employers must act promptly (including referring the employee to Occupational Health, assessing their current role, and identifying potential reasonable accommodations). However, employers are not required to create entirely new roles or remove essential duties. Any accommodation must be proportionate, practical, and consistent with business needs. Transparent consultation and genuine efforts to explore feasible accommodations are key. Maintaining accurate role descriptions and involving employees in discussions can also help avoid misunderstandings and support compliance per the Employment Equality Acts.

Read the full Review here:
Martyn Reynolds v TLI Group Limited [2025]

Katlyn Winston v Rotunda Hospital

Complainant: Katlyn Winston

Respondent: Rotunda Hospital

Summary: WRC held that employee’s resignation did not amount to constructive dismissal and employer acted reasonably following an incident of sexual harassment.

Practical Guidance for Employers: 

1. Employers should ensure that all staff are fully informed of the internal procedures available for raising grievances, particularly in cases such as allegations of harassment. Employees must be encouraged to use informal and formal resolution, and managers should document all guidance provided, including offers of support or mediation.
   
2. In cases where allegations are upheld, clear communication with the complainant is essential. Without breaching confidentiality, employers should provide reassurance that appropriate disciplinary action has been taken and outline the steps implemented to prevent further distress, such as reassignment or rostering changes.
   
3. Employers must review the physical and psychological safety of returning employees. Offering tailored return-to-work plans, ongoing support, and regular check-ins can help rebuild relationships. A proactive approach to post-incident management may reduce the risk of constructive dismissal claims and demonstrate compliance with duties under the Safety, Health and Welfare at Work 2005 Act.

Read the full Review here:
Katlyn Winston v Rotunda 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:
https://legal-island.ie/employment-law-hub/case-law

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How AI can (and can't) help you at work

In this RTÉ article, Akhil Bhardwaj from the University of Bath argues it’s helpful to consider what is known about the limitations of AI before working out where it can – and can't – help with efficiency and productivity:
https://www.rte.ie/brainstorm/2025/0325/1503767-ai-workplace-productivity-limitations-efficiency/

ChatGPT at Work: The Compliance Nightmare No One's Talking About (Yet)

In this podcast, Barry Phillips discusses the urgent need for improved utilisation of ChatGPT to safeguard sensitive data in the workplace. He highlights the compliance challenges posed by AI tools and emphasises the importance of proactive measures to mitigate potential risks.​

ChatGPT at Work: The Compliance Nightmare No One's Talking About (Yet)
 
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Staff turnover in the HSE has decreased for the first time in five years

Staff turnover in the HSE has decreased for the first time in five years, according to data analysed by a health expert. The Health Executive publishes annual data on turnover rates. The turnover rate was 8.9 per cent in 2023 compared with 10.2 per cent in 2022. The early HSE data analysed shows that those leaving 63% left voluntarily, 20% due to retirement and 17 per cent involuntary such as the end of a contract. Breaking News has more on this:
https://www.breakingnews.ie/ireland/staff-turnover-in-the-hse-has-decreased-for-the-first-time-in-five-years-1743025.html

Financial services firms in crisis due to exodus of senior managers

61% of senior managers working in financial services in Ireland are planning to change jobs within the next two years, according to a survey conducted by Auxilion, the Irish IT managed services provider. In fact, most companies in the sector are already in a losing battle to retain top talent, with around 59% of senior managers having changed jobs in the past year, while 80% have interviewed for another job during the past six months. More here from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41597137.html

US tariffs could affect up to 80,000 jobs in Ireland in ‘worst case scenario’, says Donohoe

The United States proposal to impose “significant” tariffs on the European Union will likely proceed in early April, despite the bloc’s efforts to prevent this, Minister for Finance Paschal Donohoe has said. In the “worst case scenario”, the tariffs could affect tens of thousands of jobs that would have been otherwise maintained or created in Ireland, while promised tax cuts may not proceed, the Minister said. Irish Times has full story:
https://www.irishtimes.com/politics/2025/03/23/significant-us-tariffs-likely-to-proceed-next-month-despite-eu-efforts-says-donohoe/

New fund launched to improve access to employment for marginalised young

The €1.6m Empower Tech Futures Fund has been launched to improve employment opportunities for marginalised young adults in Dublin and Cork. Backed by Rethink Ireland, JPMorganChase, the Department of Rural and Community Development, and BNY, the fund will support up to five projects tackling barriers to employment. Grants and business support will help address skills gaps, career awareness, and support networks needed for sustainable employment. Business Plus has more here:
https://businessplus.ie/jobs/employment-young-fund/?_gl=1*1tf3hu7*_up*MQ..*_ga*NjE3NTc2NDI5LjE3NDI4OTIwNDY.*_ga_1TG2W91TZQ*MTc0Mjg5MjA0NC4xLjAuMTc0Mjg5MjA0NC4wLjAuMA..*_ga_4BZV80K9DQ*MTc0Mjg5MjA0NC4xLjAuMTc0Mjg5MjA0NC4wLjAuMA

Early years staffing situation in Cork city now at ‘a crisis point’

Cork city has the second highest turnover rate for early years staff in Ireland, with a far higher turnover than the national average, as a Cork preschool owner says she cannot keep staff because they do not make enough to live in the city. The turnover in Cork city was the second highest in Ireland, recent figures from children’s minister Norma Foley show, with rates of 33% in 2022/23 and 31.6% in 2021/22 — behind only Dún Laoghaire-Rathdown. More from Echo Live:
https://www.echolive.ie/corknews/arid-41600626.html

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Company Health Check: Are your Statutory Sick Pay Provisions compliant?

The Sick Leave Act 2022 provided qualifying employees with an entitlement to statutory sick pay (SSP). The level of entitlement is being phased in over a four year period therefore, employers should ensure their employment contracts, policies and employee handbooks are reviewed to ensure compliance with the minimum obligations under the Act. The current entitlement from January 2024 is 5 days SSP. In 2025 it is proposed the entitlement will increase to 7 days payment and 10 days for 2026 so ongoing assessment will be necessary to ensure compliance. Read full analysis by Byrne Wallace Shields LLP here:
https://byrnewallaceshields.com/news-and-recent-work/publications/statutory-sick-pay.html

Auditors uncover more than 200 cases of overpayment in HSE

There were more than 200 cases of health service staff receiving overpayments in 2023 with a collective value of in excess of €5 million, internal auditors have found. There were payroll overpayments of about €14.6 million on the books at the end of 2023. A Health Service Executive internal audit report said of the 211 cases of overpayment of more than €10,000. More from the Irish Times:
https://www.irishtimes.com/health/2025/03/25/auditors-uncover-more-than-200-cases-of-overpayment-in-hse/

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Cabinet to consider change to contracted retirement age

Workers whose employment contract requires them to retire at 65 will have the option to stay on until the State pension age of 66, under a proposal going to Cabinet. Minister for Enterpriser Peter Burke will bring a memo to Government which effectively creates a new employment right specifically for employees who are subject to a contractual retirement age which is set below the State pension age. If an employee does not want to retire at 65 they can provide notification to the employer that they do not consent to retire, reports RTÉ:
https://www.rte.ie/news/politics/2025/0325/1503871-ireland-pension/

New legislation allows workers whose contract has a retirement age of 65 or under to work to State Pension Age of 66, if they so wish

The Minister for Enterprise, Tourism and Employment, Peter Burke, and the Minister of State for Small Business and Retail, Alan Dillon, have published the Employment (Contractual Retirement Ages) Bill 2025. The Bill, once enacted, will deliver a new employment right. It will allow, but in no way compel, an employee to stay in employment until the State Pension Age (66). The Bill delivers a statutory provision which sets out that that an employer may not enforce a contractual retirement age which is below the State Pension Age if the employee does not consent to retire:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/march/20250325.html

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Diversity, Equality and Inclusion to the fore of New Draft Employment Legislation

The General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 (General Scheme) was published on 15 January 2025.
This draft legislation proposes, among other things, to amend the Employment Equality Act 1998 (1998 Act) and transpose a number of the requirements of the Pay Transparency Directive 2023/970/EU (Directive) into Irish law. William Fry has more:
https://www.williamfry.com/knowledge/dei-diversity-equality-and-inclusion-to-the-fore-of-new-draft-employment-legislation

Do Irish workplaces lack strong female role models?

52% of female professionals in Ireland experience a lack of inspirational female leaders in their company. That’s according to new research from global talent firm Robert Walters which released a new poll highlighting the barriers women in Ireland continue to face at work. The research from Robert Walters follows recent research from Grant Thornton that found that 1-in-7 Irish firms have no women in their senior management team. More from Think Business:
https://www.thinkbusiness.ie/articles/female-role-models-irish-workplaces/
 
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A Balancing Act: New Guidance from the DPC on How to Deal with Mixed Personal Data in Subject Access Requests

Understanding when an organisation is separately entitled or obliged to restrict access to personal data pursuant to a data access request continues to be one of the main areas of confusion for data controllers and data subjects. This is due in part to the broad definition of the types of information that will be considered personal data. The Data Protection Commission has now issued further helpful guidance designed to assist organisations and individuals alike better understand their rights. RDL LLP has more on this:
https://www.rdj.ie/insights/a-balancing-act-new-guidance-from-the-dpc-on-how-to-deal-with-mixed-personal-data-in-subject-access-requests

Read the DPC Guidance here......
https://www.dataprotection.ie/en/dpc-guidance/blogs/DPC-handling-of-Subject-Access-Requests

🔍 Feeling a little rusty on data protection and employment law? Get up to speed with the experts from A&L Goodbody LLP at Legal Island’s Data Protection Update in Ireland on 28th May 2025. Don’t miss key insights. Find out more HERE

Cybersecurity among top hybrid work challenges five years on from pandemic

Newly released research indicates that Irish organisations that rapidly adopted remote working strategies in response to the pandemic are now increasingly focused on implementing more robust, permanent technologies to support long-term hybrid-work. According to Datapac, some 96% of organisations are now operating hybrid working models. Five years on from the initial shift, organisations continue to face significant challenges, with work-life balance (39%), training and development (36%), cybersecurity (34%), and communication and collaboration (31%) identified as key ongoing issues. You can read more about this from the Irish Examiner:
https://www.irishexaminer.com/business/companies/arid-41601109.html

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Talks continue late at WRC between HSE and unions to avert nationwide work-to-rule by 80,000 staff

Talks intended to avert a work-to-rule by 80,000 nurses and other healthcare workers – due to start next week – continued at the Workplace Relations Commission on Thursday night as unions considered HSE proposals in relation to staffing levels which are at the root of the dispute. Sources said the document included proposals for greater consultation with unions on future staffing levels, higher levels of conversion of agency posts to staff jobs and a range of initiatives to improve training and recruitment in areas such as medical laboratories. More from The Irish Times:
https://www.irishtimes.com/health/2025/03/27/talks-continue-late-at-wrc-between-hse-and-unions-to-avert-nationwide-work-to-rule-by-80000-staff/

WRC adjudicators 'raging' over threat to cut case loads

Industrial action by a "strong cohort" of adjudication officers at the Workplace Relations Commission is on the table after many of them were told to speed up their decision-making or face having their caseloads halved. It is understood WRC director-general Audrey Cahill emailed a number of adjudicators on Wednesday about cases where decisions had not yet been issued more than six months on from their final hearing dates. Sources, speaking on condition of anonymity, say that in the emails, the officials were told that if they failed to speed up their decision-making, they would have their caseloads temporarily cut by up to half in May.  RTÉ has more here:
https://www.rte.ie/news/business/2025/0321/1503289-industrial-action-on-the-table-for-wrc-adjudicators/

Psychiatric Nurses Association begins industrial action in dispute over staffing numbers

Members of the Psychiatric Nurses Association (PNA) are beginning industrial action in a dispute over staffing numbers. The action throughout the mental health services is in the form of a work-to-rule with members only performing duties that are part of their core nursing roles. The PNA has accused the Health Service Executive of failing to exempt mental health services from proposed cuts in nursing numbers and restrictions on recruitment. RTÉ’s Brian O’Donovan has more here:
https://www.rte.ie/news/ireland/2025/0326/1504058-pna-industrial-action/

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Mediation Secrets Every HR Professional and Legal Representative Should Know

This series provides a thought-provoking analysis of the concept of mediation and its place and advantages in the businesses of today.  In particular we will examine how an HR Professional’s role should be augmented so that the outcomes for the business can be enhanced; how mediation may be used for the benefit of all the main players. We will also set out the advantages which mediation can bring over the traditional adversarial route of resolving disputes which Legal and Lay Representatives need to be aware of.  In short, we will set out how mediation may be used for the benefit of all the main players. Read the full article by Rosemary Connolly, Rosemary Connolly Solicitors and Kathy Sinclair, Director, Juris Solutions here:
https://legal-island.ie/employment-law-hub/mediation-secrets-every-hr-professional-and-legal-representative-should-know

HR compliance with GPG Reporting – much to do, or much ado about nothing?

A large number of HR professionals are about to face into their first Gender Pay Gap reporting cycle, while others, who have already run the GPG gauntlet are now turning their minds to the anticipated, and potentially heightened, responsibilities set to flow from the EU Pay Transparency Directive and the (still-evolving) EU Corporate Sustainability Reporting Directive. Below the employment team from EY Law Ireland summarise the current position under these 3 regimes, including a short overview of key and anticipated requirements:
https://legal-island.ie/employment-law-hub/hr-compliance-much-to-do-or-much-ado-about-nothing

Case Law: H.A. O’Neil Limited v Unite the Union, Patrick James Goold, William Mangan and Damian Jones [2024]

The Supreme Court ruled that the High Court was wrong to grant an injunction restraining members of ‘Unite the Union’ from taking industrial action. The court found that the key legislation that governs industrial relations in Ireland provides an “absolute bar” to courts granting injunctions restraining industrial action where the correct legal procedures have been followed. Red more here: 
H.A. O’Neil Limited v Unite the Union, Patrick James Goold, William Mangan and Damian Jones [2024]

Auto Enrolment Pension Q&A

Auto Enrolment (‘The Future Fund’) is a new state established pension saving scheme that is intended to be introduced on 30 September 2025. By this date, employers are expected to be ready to facilitate the entry of employees into this scheme and to make the necessary deductions and contributions. To help employers and employees prepare for this change, the answers to the most pertinent questions regarding the scheme are in Roisin Boyle's article here: 
Auto Enrolment Pension Q&A

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Why diplomacy matters in the workplace as well as the White House

Career coach Dr. Grace Lee from Mastery Insights asserts that authenticity and cultivating fair and impactful workplace relationships are essential skills for effective managers. She emphasised that these competencies become increasingly vital as individuals advance to strategic leadership positions since each interaction can significantly influence negotiation outcomes and conflict resolution. More from RTÉ here:
https://www.rte.ie/brainstorm/2025/0324/1503657-diplomacy-workplace-dialogue-relationships-disputes/

How the ‘Meeting After the Meeting’ Undermines Innovation and Progress

In many corporate environments, the real discussions don't always happen during the meeting itself. Instead, they take place afterward, when the meeting's core ideas are dissected, altered, or even dismissed behind closed doors. This is the "meeting after the meeting," where participants—often the more vocal or influential individuals—debate the points discussed, cast doubts, or change the course of action without the broader team's input. More here from Forbes:
https://www.forbes.com/sites/dianehamilton/2025/03/21/how-the-meeting-after-the-meeting-undermines-innovation-and-progress/

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€450,000 fine following fatal injury to worker in Dublin Ferryport

Two companies, Kalmar Solutions AB and Scruttons (NI) Limited, have been fined a total of €450,000 following a fatal workplace incident at Dublin Ferryport Terminal in 2019. A Health and Safety Authority investigation found failures in vehicle design and risk assessment, contributing to the death of a haulier. The case highlights the critical importance of robust workplace safety measures and compliance with health and safety regulations. The full HSA press release is here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2025/fines_totalling_450_000_handed_down_following_fatal_injury_to_worker_in_dublin_ferryport.html

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Hybrid workers take fewer sick days and are less stressed, new research shows. 4,000 hybrid workers were interviewed across the UK and US as part of the study carried out by International Workplace Group (IWG), the world's biggest operator of flexible workspaces. More:
https://www.rte.ie/news/business/2025/0327/1504366-hybrid-workers-take-fewer-sick-days-and-are-less-stressed/

A solicitor at the office of the Director of Public Prosecutions has alleged he is being discriminated against by being denied the opportunity to prepare a murder case for the State because he is a recovering alcoholic. It is one of a series of instances of disability discrimination and victimisation alleged by Michael Murphy, an employee of the agency since 2002 who has been working as a prosecutor since he qualified as a solicitor in 2017. RTÉ has more:
https://www.rte.ie/news/business/2025/0326/1504154-dpp-solicitor-says-he-was-denied-cases-over-drink-problem/

Louise O'Connor has won €10,000 against her former employer, Smyth Kinsella Limited, trading as Kustom Workwear Uniform and Safety Specialists, on foot of a Workplace Relations Commission ruling that a workplace accident was an "operative reason" for her dismissal. The firm had insisted it ended Ms O'Connor employment during probation in May 2024 due to "inadequate performance and poor attitude" - factors the worker said were never discussed with her, reports RTÉ:
https://www.rte.ie/news/business/2025/0321/1503361-manager-dismissed-after-falling-in-warehouse-wins-10-000/

A woman who alleged sex discrimination after she was not given the opportunity for promotion while on maternity leave has settled the case for £215,000 (€257,000). Maeve Bradley took the case against Citibank N.A. UK, supported by the Equality Commission for Northern Ireland. The case was settled without admission of liability. More from Breaking News:
https://www.breakingnews.ie/business/former-citibank-employee-settles-sex-discrimination-case-for-e257000-1744507.html

The Operator of the themed Karen’s Diner in Dublin – where as part of the concept staff are paid to be obnoxious to customers – has been ordered to pay over €1,000 in compensation to an ex-worker in a row over unpaid tips. Maria Wilkinson commenced working at Karen’s Diner last year and after finishing up on April 19th 2024 she lodged a complaint with the Workplace Relations Commissions (WRC) over unpaid tips in October. More from the Journal:
https://www.thejournal.ie/karens-diner-order-to-pay-ex-worker-for-unpaid-tips-dublin-6659098-Mar2025/

A former healthcare assistant who was sexually assaulted while working in Crumlin children’s hospital, says he lost a career he loved because of the incident and the hospital’s handling of it. Jamie Keegan felt “completely unsupported” by Children Health Ireland (CHI), which manages the hospital, in the aftermath of the attack. He believes it would have been “taken more seriously” if perpetrated on a woman, reports the Irish Times:
https://www.irishtimes.com/ireland/2025/03/24/male-sex-assault-victim-if-i-was-a-woman-my-employer-would-have-taken-it-more-seriously/

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Ireland to Introduce Tea Alarm Legislation in Post-Brexit Move 😉

In a bid to maintain alignment with Northern Ireland and protect the integrity of the Good Friday Agreement, the Irish Government has announced the introduction of mandatory tea alarms under emergency legislation.

The decision follows concerns that Northern Ireland’s reimplementation of the Tea Consumption Act 1746—delayed for decades due to the Troubles—could create a hard border in tea-drinking habits post-Brexit. Officials feared that without an all-Ireland approach, confusion could arise over when and where tea should be consumed, leading to potential supply chain disruptions and diplomatic tensions.

From 1st April, tea alarms will sound across the Republic in sync with Northern Ireland, with the first ‘Early Brew’ scheduled for 6am sharp. Government sources insist this is a pragmatic, common-sense solution, though some critics argue it’s just another storm in a teacup.

Find out more ☕🔔:

Link to the GB Tea Licensing Authority (Ireland will appoint its own licensing authority in the coming days):
https://tealicensingauthority.co.uk/#regulations

Read about how people in the UK deal with the tea alarm:
https://www.reddit.com/r/AskBrits/comments/1jejyyl/how_do_you_feel_about_the_tea_time_alarms/?rdt=43413

😉

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FREE WEBINAR: Trump’s DEI Rollbacks - A Wake-Up Call for Irish HR Leaders?

📅 Tuesday 15th April 2025 

⏰ 11:00 AM – 11:45 AM  

💻 Online 

President Donald Trump issued executive orders rolling back DEI efforts across the US, which contributed to job cuts in the public sector and prompted some companies to reconsider their diversity policies. Major corporations - including Meta, McDonald's, and Bank of America - have adjusted their DEI strategies, scaling back public diversity targets and shifting towards ‘merit-based’ hiring practices.

If research found diverse teams are 70% more likely to capture new markets why is opposition to DEI increasing?  Could this signal a shift for businesses in Ireland as well? With global organisations reassessing their commitments, HR leaders in Ireland face key questions:

• Does a strong DEI strategy drive business results, or is it just an added expense?
• How might changing global trends affect Irish workplace policies and expectations?
• Should businesses double down on inclusion or take a more measured approach?

Join Julie Holmes from Legal Island and industry experts as we examine whether businesses should sustain, reshape, or scale back their DEI commitments in response to shifting global trends - and what this means for HR leaders in Ireland.

Secure your spot now and be part of the conversation!

REGISTER HERE!

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:
Legal Island | Webinars Podcasts 

Enjoy the weekend and happy (early) April Fools! 

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