This week's Top 5 must-reads: 

1. 🕒 Pension Auto-Enrolment Delayed – Minister says it’s pushed back “a few months”. Again.
2. 📋 Labour Court Lowdown – Handy do’s, don’ts & real-life lessons.
3. 💰 €145K Payout Alert! – Accountant bags biggest unfair dismissal award of 2025.
4. 🧘‍♀️ Flex & Feel Good – Flexible working = happier, healthier workplaces. Who knew?
5. 🚨 Government delays living wage rollout to 2029.

And in other news.....data protection doesn’t have to be the moment your brain checks out. 😵‍💫Join us for the Data Protection Annual Update 2025 on 28 May — the must-attend event for HR pros who’d rather not learn the hard way that a “quick email” about an employee's excessive days off can be dug up in a DSAR! 📧🔍

**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 Reviews
2. AI and Employment Law
3. Pay & Benefits
4. Work Life Balance
5. Labour Court
6. Collective Bargaining
7. Just in Case You Missed It...
8. HR Developments
9. Employment News in the Media

Mary McLoughlin v RTÉ ADJ-00054470 

Summary: WRC found that an administrative error of salary in contract of employment was well founded but awarded no compensation.

Practical Guidance for Employers: 

• Employers should exercise extreme care when drafting and issuing contracts, particularly regarding key terms like remuneration. Even administrative errors can expose the employer to findings of unlawful deduction under the Payment of Wages Act 1991, regardless of intention. A mistake in contract terms, if relied upon by the employee, cannot be unilaterally corrected without consent.
  
• Where errors are identified, employers should act immediately, i.e. engage transparently with the employee, apologise, and seek a mutually agreed correction in writing. Thorough documentation of discussions and efforts to resolve the issue fairly can be crucial if a dispute later arises. Early proactive communication reduces the risk of escalation to formal complaints.
  
• While the WRC has discretion to award no compensation if reasonable, relying on that outcome is risky. Prevention is better than cure; therefore, implement strong internal checks before contract issuance, and always have contracts reviewed by HR or legal advisors to catch errors before they create costly disputes.

Read the full Review here:
Mary McLoughlin v RTÉ [2025]

Summary: Complainant failed to prove disability discrimination; future arrangement recommended by WRC.

Practical Guidance for Employers: 

• Employers should carefully distinguish between disability accommodation and standard leave policies. Where an employee discloses a disability-related need for flexibility, management should engage openly, document discussions, and clearly explain any compromises offered to avoid future misunderstandings or legal escalation. It is critical to ensure that any arrangements are consistently applied, are reasonable, and are based on operational needs rather than arbitrary refusals. Employers must avoid any suggestion of less favourable treatment compared to other employees, even inadvertently, as this can give rise to claims under the Employment Equality Acts.
  
• Going forward, employers are advised to create specific, written individual accommodations where necessary, particularly for ongoing medical treatments. Clear communication, transparent decision-making, and regular engagement with the employee are essential. Employers should also retain flexibility where possible and recognise when an industrial relations solution (dialogue and compromise) may prevent an unnecessary dispute.

Read the full Review here:
Harry Phelan v Tusla- Child & Family Agency [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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Exploring the AI opportunity for HR

According to the ServiceNow Employee Experience (EX) Trends Report, AI is used by 69% of global ‘HR innovators’—the senior HR executives in the most digitally advanced organisations. Around two-thirds (65%) of HR leaders say the technology will radically change how work gets done. Read more from Irish Tech news:
https://irishtechnews.ie/exploring-the-ai-opportunity-for-hr/

The Stanford AI Index Report 2025 and Key Takeaways for HR

This week Barry Phillips takes a look at the AI Index Report of 2025 and gives his top five takeaways for HR.

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Pension auto-enrolment to be delayed by 'number of months', says Minister

The introduction of the auto-enrolment pension scheme is to be delayed again, with the minister saying it could be a number of months beyond the September commencement date. The hold up has been put down to the amount of administration that is required, and the government’s desire to launch it in alignment with other projects, reports the Journal:
https://www.thejournal.ie/pension-auto-enrolment-commencement-to-be-delayed-by-number-of-months-says-minister-6676929-Apr2025/#:~:text=He%20said%20the%20commencement%20date,%E2%80%9Cin%20the%20coming%20weeks%E2%80%9D.

Government to delay introduction of living wage until 2029

The Government is delaying the introduction of a living wage by three years, with the measure now due to be implemented by 2029. Enterprise minister Peter Burke confirmed the delay on Tuesday, with the timeframe when the living wage was due to be introduced falling back from 2026. More from the Irish Examiner:
https://www.irishexaminer.com/news/politics/arid-41614393.html

Statutory Sick Leave in Ireland: An assessment of the impact of public policy changes post-pandemic

This study seeks to assess the impact and ongoing effectiveness of the Sick Leave Act 2022 since its introduction on 1 January 2023. Key findings include:

• Most companies report no real noticeable impact since the introduction of the legislation, in terms of absenteeism (73%), profitability (68%) or staff morale (69%).
• Construction firms (36%); hotels and restaurants (34%); wholesale & retail (31%) reported a negative impact on profitability.
• The survey data shows almost half of firms offer a scheme in excess of the statutory minimum.

You can find the full report here:
https://enterprise.gov.ie/en/publications/statutory-sick-leave-in-ireland-assessment.html

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Flexible working and workplace wellbeing go hand-in-hand in Ireland

Flexible working remains a critical factor in overall wellness, with 68% of employees citing hybrid or flexible work arrangements as essential to their wellbeing. The research reveals a significant shift in attitudes toward workplace wellbeing in the post-pandemic era. Notably, 35% of employees say they would leave a high-paying job in favour of one that offers hybrid working. More from Business Plus:
https://businessplus.ie/business-insights/flexible-working-workplace-wellbeing/

AIB introduces up to ten days foster leave for staff and other additional supports

AIB has introduced additional supports for its staff, which are aimed at positively impacting their work life balance and supporting them as they care for their families and face life events. AIB said it will introduce up to 12 weeks neonatal leave for all parents of newborns that have to spend time in hospital. Employees can take this leave in weekly blocks, for each week their baby receives neonatal care. It will also offer up to ten days foster leave to all employees undertaking the foster care journey. More here from RTÉ:
https://www.rte.ie/news/business/2025/0414/1507540-aib-introduces-up-to-ten-days-foster-leave-for-staff/

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Some Practical Bits & Bobs/Do’s & Don’t’s from the Labour Court

The Labour Court has set out practical “bits and bobs/do’s and don’t’s” which they hope will be of assistance to parties and practitioners attending the Labour Court, including hints for documentation and court etiquette:
https://www.labourcourt.ie/en/about/quick-guides/some-practical-bits-bobs-dos-donts/

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Government must “walk the walk” not just “talk the talk” on Collective Bargaining

SIPTU representatives have on Tuesday, 15th April launched a stinging criticism of the Government’s contradictory approach to collective bargaining, following the launch of a public consultation on Ireland’s Action Plan under the EU Adequate Minimum Wage Directive. SIPTU Deputy General Secretary, Greg Ennis said: “The State is handing over tens of millions of taxpayers money to profitable corporations that ignore workers’ rights, while claiming to promote collective bargaining. Grants like these should be conditional on companies engaging in good faith with unions.” You can read the full statement here:
https://www.siptu.ie/government-must-walk-the-walk-not-just-talk-the-talk-on-collective-bargaining/

Consultation on Ireland’s action plan on the promotion of collective bargaining

The Department of Enterprise, Trade and Employment is gathering views from relevant stakeholders in relation to the possible content of Ireland’s national action plan and how Ireland can progressively increase and promote collective bargaining. The closing date for submissions is Monday, 12 May 2025 and you can find out more here:
https://enterprise.gov.ie/en/consultations/consultation-on-irelands-action-plan-on-the-promotion-of-collective-bargaining.html

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

Julie Holmes from Legal Island and industry experts examined 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 in this month's webinar. Missed the live webinar? Don't worry, we have the recording right here:
https://legal-island.ie/employment-law-hub/trumps-dei-rollbacks-a-wake-up-call-for-irish-hr-leaders

Fair Redundancy or Unfair Dismissal

Even when the redundancy itself is legitimate, failing to follow a fair and consistent process can still lead to a successful claim for unfair dismissal, with significant legal and financial consequences for the employer. More from HR Suite here:
Fair Redundancy or Unfair Dismissal?

Top Employment Law Cases

Duncan Inverarity, Partner, A&L Goodbody has summarised the top employment law cases of 2023 & 2024 that you need to know. Check out this week's two important cases from the last 2 years:

Dunne v The Board of Management of Little Angels Special School [2023] IEHC 312 

The High Court granted an injunction halting disciplinary proceedings against a school principal, finding the process potentially biased and unfair due to a conflict of interest and procedural flaws.

Read the full review:
https://legal-island.ie/employment-law-hub/dunne-v-the-board-of-management-of-little-angels-special-school-2023-2

RM v SHC [2023] IEHC 424

The plaintiff brought an application to the High Court for an injunction to restrain the defendant from terminating her employment on the grounds of gross misconduct.

Read the full review:
https://legal-island.ie/employment-law-hub/rm-v-shc

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JP Morgan CEO bans ‘disrespectful’ phone use in meetings

As the finance company calls time on mid-meeting multitasking, People Management considers whether other businesses should follow suit or if lack of focus is a more deep-rooted issue:
https://www.peoplemanagement.co.uk/article/1913945/jp-morgan-ceo-bans-disrespectful-phone-use-meetings-%E2%80%93-technology-problem-does-meeting-efficiency-room-improvement

LGBTQ+ workers report more discrimination, less happiness at work

In the US, April 2025 data from digital platform WorkL indicates that while workplace happiness increased slightly for heterosexual workers in 2025, it decreased for LGBTQ+ workers — suggesting a change in the political climate also led to a change in climate for LGBTQ+ workers.  Similarly, feelings of empowerment for these workers fell from 77% to 71% year over year and pride in their work dropped from 74% to 63%. Job satisfaction for LGBTQ+ workers also dropped from 75% to 64%. HR Dive has more on this story:
https://www.hrdive.com/news/lgbtq-discrimination-at-work-less-happiness/745070/?

Rise in Irish workplace optimism despite uncertainty

Despite global geopolitics and economic challenges, job satisfaction in Ireland is on the rise. There has been a notable rise in workplace optimism, with half of employees feeling positive about their career prospects over the next six months, according to Hays Ireland Spring Research. The latest data indicates that 40% of employees are optimistic about the overall economy and external factors, showing a sharp increase from 27% in 2024.  Think Business has more here:
https://www.thinkbusiness.ie/articles/workplace-optimism-job-satisfaction-hays-ireland/

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The UK Supreme Court rules that the legal definition of a woman is based on biological sex. Judges say the "concept of sex is binary" while cautioning that the landmark ruling should not be seen as victory of one side over another. Transgender people still have legal protection from discrimination, the court adds. More from the BBC here:
https://www.bbc.co.uk/news/live/cvgq9ejql39t

Read the full 88-page judgement here:
https://supremecourt.uk/uploads/uksc_2024_0042_judgment_aea6c48cee.pdf

More on that story here.....

A UK court ruling on biological sex has been hailed a victory confirming "women are women and men are men", but some have called it "incredibly worrying for the trans community". In a long-awaited judgment, the UK Supreme Court confirmed the terms woman and sex in the 2010 Equality Act "refer to a biological woman and biological sex". This means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if "proportionate". RTÉ has more on this:
https://www.rte.ie/news/uk/2025/0416/1508061-reaction-to-uk-sex-ruling/

An accountant has secured over €145,000 in the largest award for unfair dismissal so far this year because the "refusal" of her former employer to give a reason for getting rid of her dealt "a severe blow to her future job prospects". The WRC made the award to Maria Inmaculada De La Torre Ruiz on foot of her complaint against Hamilton UK Services Ltd under the Unfair Dismissals Act 1977. RTÉ has more here:
https://www.rte.ie/news/business/2025/0411/1507188-accountant-secures-145-000-for-unfair-dismissal/

The Minister for Enterprise, Tourism and Employment, Peter Burke, has signed regulations making changes to the employment permits system to address skills shortages in Ireland’s transport sector. The quota for car mechanics will increase by 200, the quota for HGV and Bus mechanics by 200, and the quota for vehicle body builders and repairers has increased by 50. The changes came into effect on Monday, 7 April:
https://enterprise.gov.ie/en/news-and-events/department-news/2025/april/20250411.html

A human resources (HR) company has failed to get a pay discrimination claim thrown out by the Workplace Relations Commission (WRC) after being accused of giving men “preferential treatment” in its sales department. The tribunal has decided to hear evidence from saleswoman Amanda Ball, who claims her earnings were reduced by tens of thousands of euro a year after Peninsula Business Services (Ireland) Ltd changed its system for allocating sales leads in 2020. You can read more here from the Irish Times:
https://www.irishtimes.com/business/2025/04/14/hr-firm-peninsula-fails-to-get-pay-discrimination-claim-thrown-out/

The Minister for Enterprise, Tourism and Employment, Peter Burke, has announced Government approval to accelerate the development of a new whole-of-government Action Plan on Competitiveness and Productivity. The move comes alongside a suite of immediate measures designed to bolster business resilience and support competitiveness reports Business Plus:
https://businessplus.ie/economy-2/action-plan-competitiveness-and-productivity/

Enjoy the long weekend.

Legal Island

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