Aisling Muldowney and Aoife Clarke of A&L Goodbody explain the risks of 'employer of record' arrangements in Irish law. We have seen a significant increase in the volume of queries in relation to employers of record arrangements, from both employer of record service providers and end user client
Employment
The Irish government is seeking views on EU proposals to improve the working conditions of trainees. The European Commission's proposed Traineeships Directive aims to improve and better enforce working conditions of trainees and to combat employment relationships disguised as traineeships.
The High Court has determined that a woman who was handed an envelope containing a P45 without any explanation whilst on sick leave during her pregnancy was the subject of discrimination and did not have to make further enquiries as to whether this constituted a dismissal. Delivering judgment for th
EU rules on collective redundancies still apply where a business is winding down as a result of the owner's retirement, the Court of Justice of the European Union (CJEU) has ruled. In Case C‑196/23 Plamaro, the court considered whether a Spanish law excluding "cases of the death, retirement or inc
Northern Ireland's Labour Relations Agency (LRA) is to host a panel discussion on the challenges faced by LGBTQIA+ employees experiencing domestic violence and abuse. The 'Safe at Home, Safe at Work' event, taking place during Belfast Pride Festival 2024, will provide employers with insights and str
Lewis Silkin has welcomed a consultation on far-reaching proposed employment law reforms in Northern Ireland. Paul Gillen, partner in the firm's Belfast office, said it represents the first major employment law consultation in more than 10 years and promises to overhaul several areas of employment r
A public consultation has been launched on employment law reforms in Northern Ireland. The Employment Rights Bill will address issues including zero-hours contracts, so-called "fire and re-hire" practices, the operation of trade unions and work-life balance issues including the right to disconnect a
New protections for employees in a collective redundancy situation following their employer's insolvency have come into effect today. The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024, which also provides for the establishment of a new statutory
Kane Tuohy employment lawyer Triona Cody welcomes a ruling from the Supreme Court on mandatory retirement ages in a case brought by a sheriff who sought to continue in the role past the age of 70. The recent Supreme Court decision in Seamus Mallon v The Minister for Justice, Ireland, and The Attorne
Barry Crushell examines a case highlighting the very difficult hurdles employees often face in bringing claims of constructive dismissal. The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniqu
New legislation is to expand access to the Insolvency Payments Scheme to protect employees of employers who cease trading without entering into liquidation, receivership or bankruptcy. The general scheme of the Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2024 also proposes
Business leaders must quickly get to grips with coming changes to employment permit legislation to avoid facing costly fines and other penalties, Fragomen Ireland has said. The Employment Permits Bill, which is expected to soon become law, will make a number of changes to how businesses can attract
The Irish government is wrong to insist that primary legislation will not be necessary to fully transpose a new EU directive on adequate minimum wages, the Labour Party has warned. Aodhán Ó Ríordáin, the party's TD for Dublin Bay North and Dublin candidate for the Europea
Revenue has published new guidance on determining employment status for tax purposes in the wake of a landmark Supreme Court decision. In a lengthy judgment in the case of The Revenue Commissioners v Karshan (Midlands) Ltd. t/a Domino's Pizza [2023] IESC 24, the court ruled last October that Domino'
The Workplace Relations Commission (WRC) recovered nearly €2 million in unpaid wages last year, an increase of 39 per cent on the previous year, according to new figures. The WRC's annual report for 2023 reflects on "another busy year" where "demand and output has continued to increase", with s