Spring🌿 is almost in sight - Imbolc is here! As the days slowly brighten ☀️, shake off the winter blues with this week’s Round-up…
This Week’s Top 5 ⏳🚀 Quick, sharp, and unmissable—because you’re busy, and we get it!
- 📈Irish jobs: Postings offering hybrid work arrangements hits record high
- 💰30 per cent of employers find pay equity a ‘top challenge’
- 💀Can social media and flexible working help deal with toxic bosses?
- 🚺‘It’s 2025 not 1955’: Just six women appointed Ministers of State
- ⚖️CJEU: What constitutes “sensitive” data under the GDPR?
And in other news…..📢JOIN us & HR expert, Michelle Halloran, on 26th & 27th Feb for our event on 🔎Conducting Workplace Investigations and Alternative Conflict Resolution Methods! Contact vanessa@legal-island.com to BOOK your place!
CONTENTS
- Case Law Review
- AI and Employment Law
- DEI
- Risk & Compliance
- Pay
- Recruitment
- Dublin Firefighters call out Government pensions betrayal
- Just in Case You Missed It...
- HR Developments
- Health & Safety Developments
- Employment News in the Media
- Free Webinars this Month
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1. Case Law Reviews
Mary Tracy v Smurfit Kappa Ireland Ltd t/a the Educational Company of Ireland [2025]
Summary
WRC awarded employee €35,000 for employer’s failure to provide reasonable accommodations for the employee’s disability.
Outcome
The Adjudicator found that the Respondent failed to meet its obligations under s.16 of the Employment Equality Acts 1998–2015 by not adequately assessing or providing reasonable accommodations for the Complainant's disability. The termination was deemed a discriminatory dismissal, as the Respondent’s decision was based on the perception that the Complainant was incapable of fulfilling her duties due to her disability. However, there was no evidence that the dismissal or the appeals process was a reaction to equality proceedings initiated in July 2023 and dismissed the victimisation claim. The WRC awarded the Complainant €35,000 in compensation for the effects of disability discrimination, including the loss of occupational integration, financial loss, and emotional distress.
Practical Guidance
Employers should:
- Engage Actively in Accommodation Discussions: Employers must meaningfully engage with employees who have disclosed disabilities to explore reasonable accommodations. This includes thoroughly assessing the employee’s ability to perform essential duties with adjustments and documenting these assessments. Failing to genuinely consult and collaborate can lead to claims of discrimination.
- Conduct Comprehensive Reviews of Roles and Alternative Positions: When proposing alternative roles, ensure they are tailored to the employee’s abilities and qualifications. Avoid presenting roles perceived as unsuitable or overwhelming, as this may indicate a lack of genuine effort to accommodate the employee within the organisation.
- Implement Transparent and Fair Processes: Ensure internal review and decision-making processes are unbiased and comply with statutory obligations under equality legislation. Clear communication, timely updates, and opportunities for employee input are critical in avoiding claims of pre-judged or discriminatory outcomes.
The full case review can be found here:
Mary Tracy v Smurfit Kappa Ireland Ltd t/a the Educational Company of Ireland [2025]
A Paramedic v A Health Service [2025]
Summary
Provide clear terms for temporary assignments to prevent disputes.
Outcome
The Adjudicator found that the Complainant was not entitled to travel and subsistence (T&S) payments as his reassignment to the [‘P’] team effectively changed his base location under applicable Circulars and National Financial Regulations (NFRs). However, the employer failed to provide sufficient clarity regarding the terms, location, and duration of the temporary role, as well as associated restrictions. This lack of clarity caused the Complainant to miss an opportunity to attend a training programme for career advancement. They arguably could return to a substantive role to pursue such opportunities, but this offer was delayed and only communicated after they raised a grievance, resulting in lost opportunities. The lack of protocols for managing statutory or protected leave in the [‘P’] programme was also deemed inadequate. The Adjudicator recommended compensation of €3,500 and ensure future roles include clear terms and conditions, duration, and base location, in compliance with employment law.
Practical Guidance
Employers should:
- Ensure Clear Terms for Temporary Assignments: Clearly outline the terms, conditions, duration, and base location of any temporary roles or secondments in job advertisements and agreements. Include information on restrictions, extensions, and options for returning to substantive roles to avoid misunderstandings and ensure compliance with employment law.
- Develop Policies for Statutory Leave and Training Access: Create protocols for handling statutory leave (e.g., maternity, carer’s leave) and ensure equitable access to training opportunities for employees in temporary assignments. This prevents operational gaps and protects employees' career progression rights.
- Proactively Communicate and Address Employee Concerns: Provide timely and transparent communication about role-related decisions. Address grievances promptly to mitigate potential losses for employees, such as missed training opportunities, and maintain workplace morale and fairness.
The full case review can be found here:
A Paramedic v A Health Service [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:
https://legal-island.ie/employment-law-hub/case-law?query=§ion=hubArticles&siteId=2&page=1&perPage=12&sort=postDate+DESC&entryTypes%5B%5D=caseLaw
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2. AI and Employment Law
Law Firms Strategise AI Integration in 2025, Balancing Risks and Benefits
Law firms are strategising their AI integration to enhance productivity and avoid falling behind. Firms are adopting a 'strategising mindset' to continually assess the benefits and risks of AI, aiming to improve workflows, productivity, and client relationships. The goal is to leverage AI for routine tasks while maintaining the quality of legal services. More from Law News:
https://www.lawnews.co.uk/growth/law-firms-strategize-ai-integration-in-2025/
Two-thirds of Irish businesses looking at ways for AI to improve their company
More than two-thirds of Irish businesses are looking at ways to use AI to help better run their companies. But there remains a high level of caution as business leaders try to come to grips with how best to use the new technology. PwC's GenerativeAI (GenAI) Irish Business Leaders’ survey of nearly 50 companies aims to capture "what the latest AI and GenAI trends are and where the priorities lie" reports Business Plus:
https://businessplus.ie/business-insights/ai-irish-businesses-pwc-b/
5 key steps employers should take when using Artificial Intelligence (AI) in the workplace
AI offers significant benefits for employers. However, it brings with it risks that need careful management. This article written by the team at Clyde & Co LLP sets out five key steps you can take to protect your business:
https://www.lexology.com/library/detail.aspx?g=16f82ff0-ec32-4d17-b9f7-c81195820ad9&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2025-01-27&utm_term=
Why GenAI is changing what misconduct at work may actually mean
This week Barry Phillips takes a look at how GenAI is forcing HR to rethink what amounts to misconduct in the workplace
Why GenAI is changing what misconduct at work may actually mean
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3. DEI
‘It’s 2025 not 1955’: Just six women appointed Ministers of State
Just six women out of a total of 23 Ministers of State were appointed after the Cabinet meeting on Wednesday. The two Government parties were expected to move to improve the ratio of women when naming the junior minister positions, but just three new names emerged on Wednesday - Fine Gael’s Emer Higgins along with Fianna Fáil’s Niamh Smyth and Jennifer Murnane O’Connor. The Irish Times has more on this story:
https://www.irishtimes.com/politics/2025/01/29/ministerial-appointments-just-six-women-appointed-ministers-of-state-while-fgs-robert-troy-handed-ministerial-return/
Trump’s war on diversity and affirmative action
President Trump’s flurry of executive orders has already disrupted the previous workings of government. Two in particular, one that addresses Diversity, Equity and Inclusion (DEI), which he issued on his first day in office, and a second entitled, ”Ending Illegal Discrimination and restoring Merit-Based Opportunity,” which he signed the following day, have sent Arctic chills throughout the city. The Article provides an overview:
https://www.thearticle.com/trumps-war-on-diversity-and-affirmative-action
How should HR handle pronoun disputes at work?
A UK tribunal judicial ruling has allowed a claimant to refer to a transgender colleague with pronouns they did not choose, raising questions over how to manage disputes regarding gender identity in the workplace. With the tribunal set to be heard next month, the judge rejected the plea of NHS Fife for Peggie to refer to Upton by female pronouns (the NHS claimed that any other pronoun use would amount to harassment), adding that forcing Peggie and her lawyers to use a term they consider inaccurate would be unfair. The judge did add that “neutral terms” should be used in the tribunal, to avoid any accusation of bias. They also added that the misgendering of Upton is likely to be painful but was not itself unlawful harassment. More from HR Magazine:
https://www.hrmagazine.co.uk/content/news/how-should-hr-handle-pronoun-disputes-at-work
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4. Risk & Compliance
“Sensitive data” under the CJEU’s spotlight: practical implications
In recent decisions, the Court of Justice of the European Union (CJEU) has clarified its interpretation of what constitutes “sensitive” (or special category) data under the GDPR. These rulings provide valuable guidance as even seemingly standard data processing may involve sensitive data – and thus be prohibited – under Art. 9(1) of the GDPR, unless an exemption applies. Consequently, it is essential for businesses to carefully assess whether the personal data they process qualify as sensitive. Baker McKenzie provides guidance in Lexology here:
https://www.lexology.com/library/detail.aspx?g=1f02a476-c2e8-43eb-9527-a10ca04db350&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2025-01-27&utm_term=
Aon Ireland reveals top risks for Irish businesses in 2025
Economic uncertainty created by the protectionist trade policies of Donald Trump and other world leaders has been named the top risk to Irish businesses in 2025 by Aon Ireland. The potential introduction of tariffs and other barriers to trade was the leading risk ahead of climate change, geopolitical instability, artificial intelligence, and regulatory changes. Business leaders must be increasingly conscious of risk and take action and Business Plus sets out guidance here:
https://businessplus.ie/sme/aon-business-risks-2025/
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5. Pay
Wicklow company’s survey finds pay equity a ‘top challenge’ for 30 per cent of employers
New research by Bray-based payroll and HR solutions provider SD Worx Ireland has shown that 30pc of Irish employers cite pay equity as a top challenge when rewarding employees, with 74pc of Irish organisations investing in pay equity initiatives to tackle it. Moreover, 43pc of organisations cite pay transparency as a top challenge when rewarding employees. The Irish Independent has more on this story:
https://www.independent.ie/regionals/wicklow/bray-news/wicklow-companys-survey-finds-pay-equity-a-top-challenge-for-30-per-cent-of-employers/a860168259.html
How the cost of employing somebody on minimum wage has increased since 2023
The cost of employing a full-time worker on the national minimum wage has increased by close to €5,000 since the start of 2023. Figures provided by the Irish SME Association (ISME) show that the cost to businesses of employing the lowest-paid staff has risen significantly with increases in the national minimum wage and employers' PRSI. Business Plus has more on this:
https://businessplus.ie/jobs/cost-employing-minimum-wage/
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6. Recruitment
Irish jobs: Postings offering hybrid work arrangements hits record high
The number of Irish job postings offering remote or hybrid work arrangements rose to a record high last year despite several well-known companies issuing return-to-office mandates to staff. That’s according to recruitment platform Indeed’s latest Irish jobs and hiring trends report. The analysis, which is based on the company’s own recruitment data, said Irish job postings mentioning remote or hybrid work rose to 17.5 per cent at the end of December, four times the pre-pandemic rate. This level suggests that offering job flexibility remains an important part of recruiting talent, Indeed said. The Irish Times has more on this:
https://www.irishtimes.com/business/work/2025/01/28/job-postings-offering-hybrid-work-arrangements-hits-record-high/
2025 Garda Recruitment Campaign
The newly-appointed Minister for Justice Jim O’Callaghan has announced the 2025 Garda recruitment campaign, which will open for applications on 6 February. The provision of more than €2.48 billion in Budget 2025 will support the recruitment of new Garda members, Garda staff and Garda Reserves. The Programme for Government also commits to providing funding to recruit at least 5,000 new Gardaí over the next five years. More here:
https://www.gov.ie/en/press-release/c8ce4-minister-for-justice-jim-ocallaghan-announces-2025-garda-recruitment-campaign/
Three-quarters of schools had no applicants for recent teaching vacancies, survey finds
Three-quarters of secondary schools have recently advertised a teaching vacancy for which they received no applications, a survey of principals and deputy principals suggests. Of the 111 schools that participated in the research, almost two-thirds (64 per cent) had vacancies believed to be attributable to recruitment or retention issues. Some 20 per cent said they had to drop subjects because they had no qualified teacher for them. More from the Irish Times:
https://www.irishtimes.com/ireland/education/2025/01/30/three-quarters-of-schools-had-no-applicants-for-recent-teaching-vacancies-survey-finds/
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7. Dublin Firefighters call out Government pensions betrayal
Younger members of Dublin Fire Brigade, who feel betrayed by the new Government due to its failure to honour commitments on pension reform, delivered a letter to the Department of Housing, Local Government and Heritage, calling for an urgent meeting to discuss the issue which is resulting in many considering leaving the service. SIPTU Organiser, Geoff McEvoy, said: “The current structure of the pension scheme means that those who joined since 2013 are expected to subsist on a vastly reduced income for the first years of their retirement. The policy of the previous Government meant that younger members of the uniformed services, including Firefighters, An Garda Siochana, the Defence Forces and the Prison Service are facing future financial hardship.” SIPTU has the full story here:
https://www.siptu.ie/young-firefighters-deliver-letter-to-minister-on-government-pensions-betrayal/
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8. Just in Case You Missed It...
High Court Injunctions and Disciplinary Procedures: What HR Professionals Need to Know
The role of disciplinary procedures in the workplace has been the subject of several High Court injunction applications. In this article, Triona Cody, Partner and Head of Employment at Kane Tuohy LLP, explores the legal grounds for employees seeking an injunction and the ramifications for employers conducting investigations into allegations of misconduct:
High Court Injunctions and Disciplinary Procedures: What HR Professionals Need to Know
How Nature can Help with Sustainability in the Workplace
Sustainability has become a core focus for businesses of all sizes, and its importance within the workplace cannot be overstated. Most companies face enterprise-wide skills gaps when it comes to sustainability, making education and skill development in this area a critical priority. Companies are realising that environmental responsibility not only benefits the planet but also aligns with employee values, improves brand reputation, and creates a more cohesive work environment. One impactful way to address sustainability is by engaging with nature, specifically through tree planting initiatives. Bob Hamilton, Founder of Irish Trees Limited has more:
How Nature can Help with Sustainability in the Workplace
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9. HR Developments
Can social media and flexible working help deal with toxic bosses?
In today’s high-pressure business world, demands like meeting sales targets and managing customer relationships are challenging enough. But for some workers, the real battle is surviving the toll of an abusive manager. Toxic behaviour from supervisors – including public ridicule, unfair blame and angry outbursts – can push talented employees to the brink, increasing the likelihood of disengagement and turnover. This article from Silicon Republic explores strategies for mitigating the harmful impact of so-called ‘jerk boss’ behaviours:
https://www.siliconrepublic.com/advice/deal-with-toxic-bosses-how-to-bad-managers
Anxious workers hit with ‘perfect storm’ of job insecurity
With the wave of recent layoffs and the rate of finding a new job at its lowest point since the pandemic, it’s little wonder employees are starting the new year feeling shaky about work life. The impact extends beyond job concerns. A US survey found more than half the workforce believes burnout will worsen in 2025, driven by job insecurity (43%), increased workloads (29%) and deteriorating work-life balance (23%) reports Worklife:
https://www.worklife.news/talent/anxious-workers-hit-with-perfect-storm-of-job-insecurity/
Three quarters of women labelled ‘emotional’ in performance reviews, study finds, suggesting lack of progress on gender-based language bias
Three quarters (78 per cent) of women have been described as ‘emotional’ in performance reviews, compared to just 11 per cent of men, new data has revealed. The study by Textio revealed almost three in five women received feedback labelling them as ‘unlikeable’ in performance reviews, a criticism faced by only 16 per cent of men. In 2014, a Textio report found three quarters (76 per cent) of high-performing women had received negative feedback, compared to 2 per cent of men. Descriptors relating to personality, such as ‘abrasive’, ‘difficult’, ‘friendly’ and ‘helpful’, were commonly used to describe women, but rarely for men. People Management has more on this story:
https://www.peoplemanagement.co.uk/article/1903895/three-quarters-women-labelled-emotional-performance-reviews-study-finds-suggesting-lack-progress-gender-based-language-bias
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10. Health & Safety Developments
€15,000 fine following fatal incident at Dublin port
Marine Terminals Limited was fined €15,000 following a fatal incident at Dublin port on in 2018, where a sailor, Dennis Regana, died after a cargo container fell on him. The company pleaded guilty to breaching the Safety, Health and Welfare at Work Act 2005, specifically Section 12, for failing to ensure safety due to fragmented communications. The Health and Safety Authority (HSA) highlighted the importance of clear communication and control measures in high-risk work environments to prevent such incidents. The full press release is available here:
https://www.hsa.ie/eng/news_events_media/news/press_releases_2025/marine_terminals_limited_fined_15_000_following_a_fatal_incident_at_dublin_port.html
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11. Employment News in the Media
Tesco has been ordered to pay €40,000 after an "utterly bizarre and disingenuous" move to present an occupational health consultant's report as a "medical opinion" when it dismissed a supermarket worker on long-term sick leave. The award, made at the maximum of the Workplace Relations Commission's (WRC) jurisdiction in the case, was on foot of a complaint under the Employment Equality Act 1998 by Karen Rice against Tesco Ireland Ltd in a decision released today. More:
https://www.rte.ie/news/business/2025/0130/1493862-tesco-pays-40k-to-worker-let-go-due-to-vision-impairment/
A migrant worker has told the WRC that his former security company employer was in the practice of not paying people who "have a deficiency of the English language". James Ajibola alleged his former employer, BGS Security Ltd (BGSS) hired him in July 2024, but paid him nothing for around 230 hours of work guarding shops in Dublin city centre before he eventually quit last September. Mr Ajibola said yesterday he was told by a colleague that he would have to "beg" the company for his wages. He said he was aware of a number of other workers in a similar position to him. More here from RTÉ:
https://www.rte.ie/news/business/2025/0124/1492707-security-guard-says-firm-left-him-begging-for-wages/
A bingo worker who was sacked when she lost €650 after being the victim of a "short change scam" at a bingo session in Dublin two years ago has won a claim that she was unfairly dismissed from her job. The WRC ordered bingo operator, Capital Entertainment and Leisure Limited, to pay compensation of €1,200 to its former cashier, Maria Cassidy, after it fired her over her failure to follow the company’s cash-handling procedures during a bingo night. You can read more here from the Irish Mirror:
https://www.irishmirror.ie/news/irish-news/bingo-worker-sacked-after-falling-34560946
Focus Ireland used a prop wedding ring for publicity photos shot after being presented with ad agency research showing donors were "less likely to support single parents" who had fallen into homelessness, a tribunal has been told. The details were disclosed to the WRC at a hearing against the charity by a former employee. Aoife Cooney, a single mother-of-two, quit as the organisation's digital media and marketing manager after accusing the charity's chief executive officer and its director of advocacy of bullying because she was a single mother. The case was dismissed. RTÉ has more on this:
https://www.rte.ie/news/business/2025/0127/1493186-public-less-likely-to-donate-to-homeless-single-parents/
A Dublin City Council worker who was caught transporting cannabis in his work vehicle has been given a suspended sentence. Tony Ward pleaded guilty at Dublin Circuit Criminal Court to having drugs for sale or supply on 10 May 2023. Ward claimed he got involved in the offence because his son owed a drug debt. You can read more here from the Journal:
https://www.thejournal.ie/dublin-city-council-worker-cannabis-work-vehicle-spared-jail-6607732-Jan2025/
A female casino worker was awarded €7,000 in compensation after claiming she faced toxic levels of misogyny and sexual harassment at work. The Workplace Relations Commission found her employer failed to address the serious allegations, including inappropriate comments from her manager and threats from a poker player. The tribunal highlighted the need for better protection and training for staff. More from the Irish Independent:
https://www.independent.ie/irish-news/courts/female-casino-worker-wins-7000-for-discrimination-after-claim-of-toxic-levels-of-misogyny-and-sexual-harassment/a551742476.html
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12. Free Webinars This Month
Case Law Insights: Lessons Learned from Key Bullying and Harassment Cases in Ireland – Free Webinar
Wednesday, 26th February 2025
11:00 AM – 12:00 Noon
Online
Bullying and harassment remain pressing issues in Ireland, with nearly 1 in 3 workers experiencing them firsthand according to Matrix Recruitment’s recent study. Despite complaints being raised to HR or senior leaders, only 20% felt they were resolved promptly and discreetly. This begs the question, are the current Codes of Practice enough?
Laura McKee, Knowledge Partner, Legal Island will be joined by Dr Gerry McMahon, MD at Productive Personnel Ltd. as they unpack key cases, share legal insights, and explore practical strategies to foster respectful workplaces.
Dealing with bullying and harassment at work can be tricky, messy, and downright confusing, and this session will help you tackle bullying issues head-on, protect your people, and create a better workplace for everyone!
Register here:
https://attendee.gotowebinar.com/register/3180520347239188824?source=Round
Enjoy the long weekend.
Legal Island
