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EU-wide guidelines on gender-neutral job evaluation and classification The European Commission, working alongside the European Institute for Gender Equality (EIGE), has refreshed EU-wide guidance on gender-neutral job evaluation and classification, signalling another preparatory milestone before the EU Pay Transparency Directive is carried over into domestic law. The guidance can be accessed here: EU-wide guidelines on gender-neutral job evaluation and classification: Step-by-step toolkit | European Institute for Gender Equality. Member States, Ireland among them, will have to adapt this guidance into national, step-by-step toolkits to support employers in fulfilling their obligations under the Directive. The Pay Transparency Directive must be implemented into Irish legislation on or before 7 June 2026. However, the Department of Children, Disability and Equality......
Part‑time work stands alongside other flexible work options, such as job sharing, compressed hours and remote working, all of which have become more widespread in recent years as the COVID‑19 pandemic reshaped where and how people work. Part‑time staff still account for a significant share of the Irish labour market, with 20.6% of the workforce engaged on a part‑time basis. As 67% of part‑time workers are female, the Code also has scope to promote gender equality in the workplace and encourage greater female participation across all levels of the labour market. The updated Code is underpinned by the Protection of Employees (Part‑Time Work) Act 2001 (Ireland) (PE(PTW)A 2001 (IRL)), which safeguards part‑time employees from being treated less favourably than comparable full‑time employees, unless there are objective grounds to justify this. PE(PTW)A 2001 (IRL) further stipulates that where a benefit is...
This roadmap sets out a checklist for employers to use as they ready themselves for full transposition on 2 December 2026. Although national implementing laws are in progress, Irish employers can already move on the confirmed duties under the EU Platform Work Directive. 1. Confirm whether your organisation falls within scope First, employers should assess if they fit the Directive’s definition of a digital labour platform, covering: services delivered at least in part by electronic means services provided upon the end-user’s request the organisation of paid work carried out by individuals the use of automated monitoring or decision-making systems Checklist actions: map all technology-enabled work allocation models identify any automated tools used for allocation, evaluation, monitoring or decisions document borderline or hybrid business models (mixed gig/standard operations), i.e. areas not clearly a digital labour platform but that may...
The FLR The FLR took effect on 13 December 2024, with most rules applying from 14 December 2027. It bans economic operators from placing on the market, making available, or exporting from the EU any goods made with forced labour. The FLR adopts the International Labour Organisation’s 1930 Forced Labour Convention definition. Under Article 2, forced labour covers any work or service demanded from someone under the threat of a penalty where the person has not offered themselves freely. The FLR’s definition also explicitly captures compelled child labour. For these rules, an economic operator can be any person, company or undertaking, whether established in the EU or elsewhere. The ban spans all products, regardless of sector, origin, or whether production occurs inside or outside the EU. Enforcement will be carried out by competent authorities appointed by each Member State, which will...
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This Practice Note provides an overview of the law, guidance and practice on executing simple contracts and deeds in Ireland. It sets out the principal distinctions between simple contracts and deeds and the formalities for execution. It also addresses counterparts and virtual closings, electronic signatures, powers of attorney, deed of variation, Irish Collective Asset-management Vehicles ( IVACs) and property transactions. Creating a contract A contract is a legally binding agreement conferring rights and imposing obligations between two or more parties. In essence, four core requirements must be met before a contract arises: an offer has been made that offer has been accepted valuable consideration is provided for performance of the contract the parties intend to be legally bound Contracts can be: oral written a mixture of oral and written by deed The general rule is that writing is not...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
This flowchart outlines the steps an employer should take once a performance or capability concern is identified, including collecting key documents such as the contract of employment and appraisal records, considering mediation, appointing who will carry out performance monitoring, arranging informal and then formal meetings, deciding on dismissal or another sanction, and overseeing the appeal stage. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If an employee’s output falls short of the required standard, the employer may choose to address it under its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A clear distinction should be drawn between misconduct and underperformance. Where conduct is the concern, a disciplinary process is the correct route—see Practice Note: Managing performance— Dealing with poor performance. Before commencing any formal action, review the terms of the...
This Checklist sets out an overview of the principal legal and practical matters that may call for attention during a transfer of undertakings carried out under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI 131/2003 ( IRL) ( TUPE Regulations 2003 ( IRL)), as amended by the Workplace Relations Act 2015 ( Ireland) ( WRA 2015 ( IRL)). Information and consultation Both the transferor and the transferee alike bear statutory duties in relation to information and consultation before, during, and after the transfer process. The scope of those statutory responsibilities is ultimately fixed by reference to the date of transfer. Up to the transfer date, the transferor remains liable for all statutory obligations concerning information and consultation on the transfer process and the potential impact on employees’ rights linked to their contract of...
Background and aims At EU level, a range of Directives on gender equality and working conditions have already dealt with matters linked to work–life balance, notably: Directive 2006/54/ EC on enforcing the principle of equal opportunities and equal treatment for women and men in employment and occupation (recast) Directive 2010/41/ EU on applying equal treatment between women and men engaged in self‑employed activities Directive 92/85/ EEC introducing measures to improve workplace safety and health for pregnant workers and for those who have recently given birth or are breastfeeding Directive 97/81/ EC concerning the Framework Agreement on part‑time work Directive 2010/18/ EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, the Parental Leave Directive The principles of gender equality and work–life balance are reiterated in Principles 2 and 9 of the European Pillar of Social...
This COMPROMISE Agreement ( Agreement) is entered into on [ insert date ] between: 1 [ Employer Name ], with its registered address at [ address ] (the Company); and 2 [ Employee Name ], of [ address ] (the Employee). WHEREAS: The Employee has worked for the Company since [ date ] under a contract of employment dated [ date ]. Provide a concise basis for the termination of employment, for example, ‘by mutual agreement’ or ‘due to redundancy’. This clause should be revised if the termination date has already passed. The parties agree that the Employee’s employment will end by [ mutual agreement OR redundancy ] on [ date ] (the Termination Date). Where any claims or proceedings have been lodged, they must be clearly described by their record number and included within the definition of ‘ Claim’ or ‘...
General This Precedent is a comprehensive maternity policy, appropriate for inclusion in a staff handbook or to operate as a stand-alone policy. It sets out the minimum leave entitlements required by the Maternity Protection Act, 1994 ( Ireland), the Maternity Protection ( Amendment) Act, 2004 (as amended) ( Ireland), the Adoptive Leave Acts 1995 ( Ireland) and 2005 ( Ireland) and the Work Life Balance and Miscellaneous Provisions Act 2023 ( Ireland). When creating and applying this policy, employers should remain alert to discrimination considerations. Maternity leave Core entitlements include the option to take up to one year’s leave, irrespective of the employee’s length of service. This comprises up to 26 weeks’ ordinary maternity leave ( OML) and up to 16 weeks’ additional maternity leave ( AML). A compulsory two-week maternity leave period applies, during which the employee may not carry out any work....
1 Introduction This Precedent sets out a social media policy for employers to apply to employees and other workers, covering business and private use of social media, permitted platforms, monitoring and conduct matters. It is intended for inclusion within an employee handbook, or also for use as a stand-alone policy. It takes account of: Regulation ( EU) 2016/679, EU GDPR and the Data Protection Act 2018 ( Ireland), and Although the Article 29 Working Party Opinion is mainly founded on Directive 95/46/ EC, the Data Protection Directive, it also looks towards the obligations under Regulation ( EU) 2016/679, EU GDPR. The Article 29 Opinion considers separately the review of an individual’s social media profile: during the recruitment process and during employment Paragraph 1.1— Introduction: reference to internet, email and communications policy For a sample internet, email and...
[ TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER ] [ Employee name ] [ Employee address ] [ [ By email only ] ] [ Date ] Dear [ employee name ], Requirement to acknowledge request Under Part IIA of the Parental Leave Act 1998 ( Ireland) ( PLA 1998 ( IRL)), as updated by the Work Life Balance and Miscellaneous Provisions Act 2023 ( Ireland) ( WLBMPA 2023 ( IRL)), employers must acknowledge an employee’s request for a flexible working arrangement and reply as soon as is reasonably practicable, and in any event within four weeks of receipt. Where additional time is needed to evaluate the request, the employer may lengthen the period for responding, but any extension must not exceed eight weeks. Re: Acknowledgement of flexible working request ‘ In reference to your...
General This Precedent is a letter through which an employee makes a statutory request for a flexible working arrangement. It is drafted to meet the rules governing the form and substance of such requests, as set out in the Parental Leave Act 1998 ( Ireland), s 13B ( PLA 1998 ( IRL)), as amended, and in the Workplace Relations Commission’s ( WRC) Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working. Legal framework As outlined above, the statutory flexible working regime is provided for in PLA 1998 ( IRL), s 13B, and in SI No 92/2024 ( IRL) Work Life Balance and Miscellaneous Provisions Act 2023 ( Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024. That legislative scheme is reinforced by the WRC’s Code of...
General This Precedent is a letter used by an employee to lodge a statutory request for a remote working arrangement, complying with the statutory requirements on the form and content of such applications set out in the Work Life Balance and Miscellaneous Provisions Act 2023 ( Ireland), s 20 ( WLBMPA 2023 ( IRL)) and in the Workplace Relations Commission’s ( WRC) Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working. Legal framework As mentioned above, the statutory entitlement to seek a remote working arrangement is provided for in WLBMPA 2023 ( IRL), s 20 and in SI No 92/2024 ( IRL) Work Life Balance and Miscellaneous Provisions Act 2023 ( Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024. The...
Background By 2 December 2026, EU Member States are required to have transposed the Platform Work Directive ( Directive ( EU) 2024/2831) ( PWD), adopted on 23 October 2024 and published on 11 November 2024. This Practice Note examines how reclassification under Article 5 might be introduced in Ireland. The working assumption is that Ireland will regard its current framework—statute and common law—on employment status as adequate to give effect to the PWD. Before turning to the present text of the PWD, it is necessary to situate it within its wider background. The headline of the initial proposal centred on a presumption of employment for persons delivering services via labour platforms. The 9 December 2021 draft ( COM(2021) 762 final) set out the original presumption model, creating a presumption of an employment relationship wherever a labour platform directed how work was...
This Practice Note This Practice Note is a horizon scanner mapping key future developments in the field of Employment law in Ireland for 2026. It sets out essential dates for your diary (including projected timings where precise dates are not yet known) together with relevant commentary in relation to: Legislation: Bills in progress Acts not in force, partially in force or subject to staged introduction Statutory Instruments in progress Statutory Instruments partially in force or subject to staged introduction Case appeals and enforcement: Supreme Court High Court District Court...
Irish employment law sets out protections for staff who become parents or take on caring roles. Statutory maternity, adoptive and paternity leave arise under the Maternity Protection Act 1994 ( Ireland) (as amended, MPA 1994 ( IRL)), the Adoptive Leave Act 1995 ( Ireland) (as amended, ALA 1995 ( IRL)) and the Paternity Leave and Benefit Act 2016 ( Ireland) (as amended, PLBA 2016 ( IRL)). These statutes provide time away from work and social welfare supports for new parents. Wider family entitlements, including parental leave and parent’s leave, are set by the PLA 1998 ( IRL) and the Parent’s Leave and Benefit Act 2019 ( Ireland) ( PLBA 2019 ( IRL)). Those in caring roles may take leave under the Carer’s Leave Act 2001 ( Ireland) ( CLA 2001 ( IRL)) to deliver full-time care to a dependent person without...
Governing legislation The process of transferring undertakings is regulated by SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)), commonly known as the TUPE Regulations 2003 ( IRL). These 2003 Regulations superseded SI No 306/1980 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations 1980 ( Ireland), as later amended by SI No 487/2000 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) ( Amendment) Regulations 2000 ( Ireland). The earlier regime gave effect to the EU Acquired Rights Directive 77/187/ EEC in Ireland. Relevant transfers Numerous European Court of Justice ( ECJ) rulings have clarified what amounts to a transfer for the purposes of Directive 77/187/ EEC and, in turn, the TUPE Regulations 2003 ( IRL). A detailed review of that body of caselaw lies outside this...
This ‘ How to’ guide explains how to run a disciplinary or misconduct investigation in Ireland. When a suspected misconduct matter emerges at work, the initial step is to examine the issue, establish the facts, and decide on an appropriate employer response. Doing so enables the employer to act fairly and reduce the likelihood of unfair dismissal claims. The purpose of a disciplinary investigation A disciplinary investigation seeks to clarify the facts and context surrounding an allegation of misconduct against an employee. It serves two main aims: to collect, in a fair and impartial way, all evidence and records relevant to the allegation to advise whether the issue should proceed to disciplinary action under the employer’s formal disciplinary procedure Legal considerations and implications Those advising in this field may find it useful to consult: Article 40 of the Constitution of Ireland Section 14 of the...
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)) ( TUPE Regulations 2003 ( IRL)), as revised by the Workplace Relations Act 2015 ( Ireland). The TUPE Regulations 2003 ( IRL) give domestic effect to Council Directive 2001/23/ EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred ( Council Directive 2001/23/ EC). Definition of employees To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/ EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is...
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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