Employment law in ireland

A solicitor can assist with any legal employment matter that may arise. This can include cases of unfair dismissal or unfair treatment during the course of dismissal. In addition, a solicitor can offer advice and assistance with disputes over overtime pay, deductions from wages, and other employment-related issues. For example, if an employee working in a restaurant forgets to charge a customer for their bill and their employer seeks to deduct part of their wages as a result, a solicitor can help with that. Essentially, a solicitor can provide assistance with any employment relationship issue, particularly if the relationship between the employee and the employer is starting to break down or become contentious.

Employment law covers a variety of areas such as unfair dismissal, discrimination on any of the protected grounds including gender, disability, age, and membership of the traveling community. It also covers disputes related to pay or terms of employment and internal disciplinary procedures. For instance, an employee might be given a final written warning and could potentially face dismissal within two years on the notice that’s under file. Additionally, employment law also covers people’s conduct in the workplace. In summary, employment law covers a wide range of areas that relate to employees’ rights and responsibilities in the workplace.

Employment law is crucially important because people spend a significant portion of their week at work, and their relationship with their employer can greatly impact their overall happiness and well-being. A poor employment relationship can affect an individual’s life outside of work, leading to lower overall satisfaction. Additionally, the balance of power between employers and employees generally favours employers, who may have more resources and knowledge of employment law than individual employees. Employment law serves to protect employees and ensure that their rights are upheld in the workplace, particularly when the employer-employee relationship becomes contentious. Overall, employment law plays a vital role in promoting fair and equitable treatment of employees in the workplace.

Employers need to know about employment laws because, essentially, if they were to find themselves in breach of the Unfair Dismissal Act, for example, and were found to have unfairly dismissed an employee, they could be liable to pay up to two years of that employee’s remuneration and compensation if a case was successfully brought before the Workplace Relations Commission. Apart from the monetary issues, there are other smaller things such as having to repay annual leave or sick leave amounts that weren’t paid to employees, as well as reputational damage. For example, a recent Supreme Court decision stated that any proceeding before the Workplace Relations Commission will be held in public unless otherwise directed for special reasons. Most employers wouldn’t want to have their names in the papers for the wrong reasons, such as discrimination or unfair dismissal of an employee. It’s important for an employer to ensure they have a good relationship with their employees, comply with employment law for a variety of reasons, and avoid reputational and financial consequences.

The main responsibility of employers when it comes to employment law is to comply with all the various pieces of legislation under a number of acts. This includes the Unfair Dismissals Act, complying with constitutional rights and fair procedures in disciplinary procedures, and the area of discrimination and equal opportunity, such as the Equality Acts. Health and safety is also a huge part of an employer’s responsibility, and they have an obligation to provide employees with a safe place and system of work as far as reasonably practical.

There are some responsibilities on employees to look after their own welfare, but ultimately the employer could find themselves liable in a personal injury or wrongful death case if they aren’t in full compliance with health and safety legislation. Employers also have responsibilities in other areas, such as providing notices to employees under the transfer of undertakings regulations and ensuring there are adequate health and safety notices in the workplace. Overall, compliance with employment law covers an extremely wide area and can be difficult to interpret in practice.

The consequences of failing to comply with employment laws are significant. Employers could find themselves liable for breaching specific legislation, such as the Equality Acts, which could lead to discrimination claims. If an employer wrongfully dismisses an employee or does not follow fair procedures when dismissing an employee, they could be liable for up to two years of the employee’s remuneration if an award is made against them in the Workplace Relations Commission. In addition to the financial implications, there is also the possibility of reputational damage to the employer. Sanctions could be imposed by the Workplace Relations Commission, and an employer could be directed to take a specific course of action to ensure compliance with employment laws, not only in relation to a particular employee but also more generally in relation to all their employees.

Employees have certain obligations to their employer, including the duty of mutual trust and confidence, which entails being a trustworthy individual. If an employee is found to have misappropriated the employer’s funds or property, it could be deemed gross misconduct and result in dismissal. Depending on the employer’s policies, employees may have restrictions on what they can post on social media about their employer. Employees also have a responsibility under health and safety legislation to ensure their actions do not compromise their own safety or that of others in the workplace. If an employee becomes aware of any health and safety issues in the workplace, it is their duty to report them to their superiors.

Employment contracts are not required by law, but various employment laws require that certain information be given to employees. Basic terms, such as the employer’s identity, must be provided within five working days of the employee starting work. More detailed information should be given within two months of the employee’s start date. While a contract itself is not necessary, it is recommended for both the employer and employee to have a clear understanding of their rights and obligations.

The items that should be included in an employment contract are the basic terms required by legislation, such as entitlement to annual leave, pay, employer identity, and other essential terms. However, from an employer’s perspective, it’s advisable to include policies and procedures they can rely on. These could include social media procedures, health and safety policies, annual leave procedures, sick leave policies, disciplinary procedures, and other relevant policies. The number of procedures an employer can have is vast, and they can set the tone for how they operate in the workplace. It’s crucial that the employer provides these procedures to the employee at the time of furnishing the contract of employment; otherwise, it would be challenging for the employer to rely on them. Thus, it’s important to include the basic terms and procedures unique to the workplace in the employment contract. The contract of employment should also contain a clause stating that the furnished policies and procedures form part of the employment relationship if the employer wants to rely on them.

The Workplace Relations Commission in Ireland is a quasi-judicial body that deals with employment law disputes and disputes under the equality legislation that may happen outside the workplace. It is separate from the court system and can mediate and adjudicate disputes before a Workplace Relations Commissioner or Adjudication Officer. They have the power to make an award of compensation up to two years of the employee’s remuneration and can direct an employer to take certain courses of action. Employees can easily lodge a case by completing an e-form online. However, if a case is lost, the Workplace Relations Commission has no power to order repayment of the employer’s legal costs, nor can it award legal costs if the case is won. Recent Supreme Court decisions have made the process more formal, requiring proceedings to be held in public and removing the requirement to anonymize names.

Typical scenarios where someone might require a solicitor specialising in employment law include situations such as being asked discriminatory questions during a job interview and subsequently not being awarded the job, being made redundant, being subject to an investigation by their employer for a disciplinary procedure, and facing unfair dismissal due to poor performance or accusations of wrongdoing by the employer. In these situations, it is advisable to consult a solicitor for legal assistance.

The point at which an employee or an employer might contact a solicitor would vary. Sometimes, it might be advisable for an employee to deal with a dispute internally first, and then contact their solicitor. However, ultimately, it’s in your interest to contact your solicitor as soon as possible so they can give you advice on the best course of action to take. As soon as you feel like your employment law rights have been infringed, you should contact your solicitor, and they can provide you with advice straight away.