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The Organisation of Working Time Act, 1997 sets out statutory rights for most employees in respect of maximum working time. However, the Act does not apply to members of the Defence Forces or An Garda Síochána, employees who control their own working hours, family members working on farms or in private homes, or employees engaged in certain categories of civil protection services.

Section 17 of the Organisation of Working Time Act, 1997 was updated by Section 13 of the European Union (Transparent and Predictable Working Conditions) Regulations 2022, which sets out employer obligations regarding the provision of information about working hours to employees.

Key Points:

In an average working week, the maximum number of hours that an employee should work is 48 hours. The 48-hour net maximum working week can be averaged according to the following rules:

For employees generally – average over a 4-month period.

For employees whose working time is affected by seasonality or surges in activity, or where employees are ensuring continuity of service or production – average over a 6-month period.

For all employees who enter a collective agreement with their employers approved by the Labour Court – average over a 12-month period.

The average working week of 48-hours of work should not include time spent on annual leave, sick leave, maternity leave, adoptive leave, parental leave, carer's leave or force majeure leave.

Employee working hours should be set out in the employee’s terms and conditions of employment (contract). Should the hours of work change from week-to-week, the employer must:

Inform the employee of the start/finish times at least 24 hours before the first day of work.

Give the employee at least 24 hours’ notice of the working hours for each day (especially if the employee does not work every day).

Give the employee 24 hours’ notice of additional work hours. However, an employer can request an employee to work at less than 24 hours’ notice in unexpected cases (e.g. cover for another employee who is off sick).

The work must take place within the reference hours and days of which the employee was informed. If the 24 hours minimum notice is not given, the employee can refuse to work without any negative effects.

Employees on a low-hour contract of employment who regularly working more hours than stipulated in their contract can request a change to the terms of their contract to better reflect the number of hours worked (‘banded weekly hours’).

Applications for ‘banded weekly hours’ must be made in writing to the employer. The band of hours is based on average weekly hours worked:

An employer must respond to the employee within 4 weeks of receiving a request for banded hours.

An employer can refuse a request for banded weekly hours in some scenarios such as:

There is no evidence to support the request

There were significant adverse (negative) changes to the business during the 12-month reference period

There was a temporary situation that has now passed (e.g. a colleague’s maternity leave)

If the employee’s hours are set out in a collective agreement

An employee can make a complaint to the Workplace Relations Commission (WRC) if the request for banded hours is refused and they are not satisfied with the employer’s explanation.

Night Work

The Organisation of Working Time Act defines ‘Night Time’ as the period between midnight and 7.00 a.m. next morning.

Key Points:

An employee is considered a night worker if they:

normally work for at least 3 hours between midnight and 7am,

at least half of their working hours in a year are during these hours

Generally, the maximum night working time for employees is 48 hours averaged over a 2-month period, or over a longer period if specified in a Labour Court approved collective agreement.

If the night work entails special hazards / heavy physical / mental strain, there is an absolute limit of 8 hours in a 24-hour period during which an employee may perform night work.

The Organisation of Working Time Act, 1997 sets out minimum rest break entitlements for employees.

Key Points:

Employees are entitled to:

A daily rest period of 11 consecutive hours per 24-hour period

A weekly rest period of 24 consecutive hours per seven days, following a daily rest period

A 15-minute break where more than 4½ hours have been worked

A 30-minute break where more than 6 hours have been worked, which may include the first break.

The break should not be at the end of the working day.

Payment for break periods is not a statutory entitlement, and confirmation of paid or unpaid break periods should be set out in the employee’s terms and conditions (contract) of employment.

As set out in the Transparent and Predictable Working Conditions Regulations 2022, which came into effect on 16 December 2022, an employee’s probationary period cannot exceed 6 months, except in limited circumstances where it can be extended for up to a further 6 months (up to a maximum of 12 months in total) and must ‘be in the interest of the employee’.

Key Points:

If the employee takes certain types of protective leave during the probationary period (e.g. maternity, adoptive, carer’s, paternity, parental, parent’s or sick leave), then the probationary period shall be extended for the duration of the employee’s absence.

Regarding fixed-term contracts, the length of probationary period shall be proportionate to the expected duration of the fixed-term contract and the nature of the work being performed. Where a fixed-term contract is being renewed for the same position and job description, the renewed fixed-term contract should not contain a new probationary period.

Dismissal of an employee while on probation can take place for issues relating to conduct, attendance or performance, and the Unfair Dismissals Act 1997-2015 will not apply, provided that:

Probationary period details were confirmed in writing as part of the terms and conditions of employment (contract), and the probationary/training period is for less than 12 months.

The Unfair Dismissals Act 1997-2015 protects employees on probationary periods from being dismissed for any of the following reasons:

Trade union membership or activity

Pregnancy-related matters

Employee entitlement to protected leave under family leave (maternity, adoptive paternity, parental, force majeure) or carer’s leave employment legislation.

If an employee is dismissed during the probation period due to misconduct, they have a right to ‘natural justice’, meaning due process and fair procedures. However, this right does not generally apply to a dismissal for poor performance, especially where the contract specifically provides for dismissal for poor performance during the probationary period.

The National Minimum Wage Act 2000 provides the framework for most employees to receive a minimum hourly rate of pay for each hour they have worked. The Act does not apply to statutory craft apprentices, close family members of a Sole Trader employer, or to the earnings of the self-employed.

Key Points:

The national minimum wage is the minimum hourly pay rate that must be paid.

It applies to full-time, part-time, temporary, casual employees and seasonal workers.

Employers must pay a minimum wage to employees on work experience placements, work trials, internships and any other employment practice involving unpaid work or working for room and board.

From 1 January 2024, the following rates apply:

Age group Minimum hourly rate of pay % of minimum wage

20 and over €12.70 100%

19 €11.43 90%

18 €10.16 80%

Under 18 €8.89 70%

The following can be included as components to make up the national minimum wage:

Normal basic pay

Shift allowances or other similar payments

Any fee, bonus or commission

Zero Hours payments

Board & Lodgings

Service charge given through the payroll

The following cannot be included to make up the national minimum wage rate:

Any payment of expenses incurred by the employee in carrying out his/her employment.

Premiums including overtime, public holiday, Saturday, Sunday, unsocial hours or call out.

Allowances for special duties including a post of responsibility, on call or standby.

Tips or gratuities paid into a central fund and paid through the payroll.

Any payment to the employee not made for their role as an employee.

Any payment in kind or benefit in kind.

Any sum payable to an employee in lieu of notice of termination of employment.

If an employee receives food (known as board) or accommodation (known as lodgings) from their employer, the following amounts can be included in the minimum wage calculation:

Board rates: €1.14 an hour

Lodging rates: €30 a week or €4.28 a day

The average hourly rate of pay must not be less than the national minimum wage hourly rate. The average hourly rate of pay is calculated by dividing the gross reckonable pay by the number of hours worked in the pay reference period.

Every employer must select a pay reference period for each employee. It may be a week but no longer than one month. It must be included in the written statement of terms of employment when an employee starts work. The reference period is used when calculating the average hourly rate of pay.

An employee can ask in writing for a statement of their average hourly rate of pay for any pay period within the last 12 months. The employer must give the statement in writing within four weeks of getting the request. The statement should set out:

Details of reckonable pay with each pay area listed separately.

The working hours of the employee.

The average hourly pay.

The minimum hourly rate of pay the employee is entitled to.

The statement should be signed by the employer or on behalf of the employer. A copy of the statement should be kept by the employer for 15 months.

Employees are protected by law from victimisation or dismissal when requesting payment of the minimum wage. If an employee is dismissed for requesting for the minimum wage, a claim for unfair dismissal can be brought.

Specific minimum pay rates and conditions apply to employees in other sectors set out in the relevant Sectoral Employment Orders (SEO’s) and Employment Regulation Orders (ERO’s). The most recent orders for the following sectors should be reviewed to determine the current minimum rates that currently apply:

Construction Sector (SEO)

Contract Cleaning (ERO)

Security Industry (ERO0

Early Learning and Childhood (ERO)

Section 14 of the Organisation of Working Time Act, 1997 sets out an employer’s obligation to provide employees with a compensatory benefit for Sunday working, known as a ‘Sunday premium’.

Key Points:

Employees who regularly work on Sundays should have the details of the Sunday premium included in their terms and conditions (contract) of employment.

Where no agreement exists between an employer and employee regarding extra pay, the employer must offer one (or more) of the following benefits:

A reasonable allowance

A reasonable pay increase

Reasonable paid time off work, where ‘reasonable’ depends on the situation.

A Workplace Relations Commission (WRC) Code of Practice for Sunday Working In the Retail Trade, applies for employees working in that sector.

Overtime refers to work done outside the employee’s normal working hours.

Key Points:

There is no legal obligation for an employer to pay for working extra hours and there are no statutory levels of overtime pay. However, many employers pay employees higher rates of pay for overtime.

The employee contract of employment should detail the overtime and rates of pay (if any) that the role requires.

Certain sectors of employment have higher rates of pay for overtime than for normal hours and these are set out in the relevant Sectoral Employment Order (SEO), Employment Regulation Order (ERO) or Registered Employment Agreement (REA).

The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 came into effect on 1 December 2022, and introduced new rules on how employers share tips, gratuities and service charges among employees.

Tipping is mainly associated with the following sectors: hospitality, tourism, taxi drivers, hairdressing, taxi and delivery drivers.

Key Points:

A ‘tip or gratuity’ is a voluntary payment (cash or electronic) made by a customer and intended to be kept by an employee or shared with other employees.

Electronic tips include tips paid by: Debit or credit card, smart card, cashless or contactless tipping apps or platforms, and ‘push notification’ apps.

Since 1 December 2022, employers must display a ‘tips and gratuities notice’ clearly stating:

Whether or not tips or gratuities are distributed to and amongst employees.

The manner and the amounts in which tips and gratuities are distributed.

Whether or not service charges (or any portion of them) are distributed and if so, the manner and the amounts distributed.

Mandatory service charges can only be added to a bill if the money goes to the employees.

Employers cannot use tips and gratuities to ‘make up’ contractual rates of pay or make a deduction from an employee’s wage.

While all employees must be consulted on the employer’s policy of distributing tips or gratuities, employee consent is not required.

An employer must include this policy in the employee’s terms and conditions of employment within 5 days of commencing employment.

Employers can consider certain factors when deciding how to distribute tips, including:

The seniority or experience of the employee.

The value of sales or revenue generated by the employee.

The proportion or number of hours worked by the employee.

Whether the employee is on a full-time or part-time contract.

The employee’s role in service delivery

Employers must provide employees with a statement of the total tips and gratuities (including electronic tips) received and distributed, within 10 days of the tips and gratuities being distributed.

Employer obligations for the employment of children and young persons are regulated by the Protection of Young Persons (Employment) Act, 1996. The Act applies to young people under 18, defining those under 16 as ‘children’, and those between 16 and 17 as ‘young persons’’.

Key Points:

Children under 16 cannot be employed in regular full-time jobs. The maximum weekly working hours for children under 16 are as follows:

Maximum Weekly Working Hours

During

14 years

15 years

School term-time

None

8 hours

School holidays

The maximum working day hours for employees aged 16 or 17 is 8 hours.

The required rest breaks for young workers are outlined below:

Details

Under 16

16 & 17 years old

30 minutes break after working

4 hours

4½ hours

After every 24 hours

14 hours off work

Children and young persons are permitted to work the following hours:

Under 16’s

16 & 17 years old

Early Morning

After 8.00 a.m.

After 6.00 a.m.

Night Work – with school the next morning

Up to 8.00 p.m.

Up to 10.00 p.m.

Young people aged 16 to 17 may be employed in a licensed premises performing general duties but are not permitted to sell alcohol. Their employment is subject to the Code of Practice – Employment of Young Persons in Licenced Premises.

Children can be employed in film, cultural, advertising work or sport under licence, issued on behalf of the Minister for Enterprise, Trade and Employment, requiring parental consent, work supervision, educational arrangements, confirmed working hours and rest breaks all put in place. The employer should apply for a licence at least 21 days before the employment commences.

Before employing someone under 16 years of age, an employer must view a copy of the child’s birth certificate in addition to receiving written permission to employ the child from the parent or guardian.

Employers are required to keep the following mandatory records (in addition to statutory records), when employing young persons: full name, date of birth, start and finish times for each working day, rate of pay details, and totals paid.

Employers must provide young workers under 18 with a copy of the official summary of the Protection of Young Persons (Employment) Act and a copy of their terms of employment (contract) within one month of starting work.

The purpose of the Unfair Dismissals Acts, 1977 – 2016, is to protect employees from being unfairly dismissed from their employment by laying down criteria by which dismissals are to be judged unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unfair.

Key Points:

Employers are obliged to provide employees with a statement of disciplinary and dismissal procedures within 28 days of commencing employment, and these should be followed when considering the dismissal of an employee. Employers are required to:

Follow fair procedures.

Provide appropriate warnings.

Make the employee fully aware of the allegations against them.

Provide the employee with an opportunity to present their side.

Allow the employee the right to representation.

When an employer is considering dismissal of an employee, it must be based on fair grounds. The following are examples of fair grounds for dismissal:

Employee capability to do the job (including issues such as lateness, absenteeism, and persistent absence through illness or injury, either short-term or long-term)

Employee competence to do the job (based on the role requirements, set out in the employee contract of employment and/or employee handbook).

Employee qualifications for the job (If an employee misled the employer regarding their qualifications, or the employee was employed subject to obtaining further qualifications and did not provide them, despite being given reasonable opportunity to do so)

Employee conduct (Ordinary instances of gross misconduct)

Redundancy.

Breaking the law.

Gross misconduct can lead to instant or immediate dismissal without notice or pay in lieu of notice. Examples of gross misconduct include:

Assault

Drunkenness

Stealing

Bullying

A serious breach of the employer's policies and practices

Employees who are dismissed from their job have a right to a statutory minimum period of notice if they have worked at least 13 weeks for their employer. However, the employee’s contract of employment may set out a longer period of notice.

Constructive dismissal occurs when an employer’s action or inaction makes the work situation so intolerable an employee feels they have no option but to resign. Employees should regard constructive dismissal as a last resort, after having pursued all other avenues to resolve the issue such as for example the company grievance procedure and/or mediation.

Unfair dismissal occurs when an employee is dismissed for the following reasons:

Membership (or proposed membership) of a trade union, or for engaging in trade union activities

Religious or political opinions

Legal proceedings against an employer where you are a party or a witness

Race, colour, sexual orientation, age, or membership of the Traveller community

Pregnancy, giving birth, breastfeeding, or any other matters connected with pregnancy or birth (such as attending antenatal classes)

Availing of rights under legislation to maternity leave, adoptive leave, paternity leave, carer’s leave, parent’s leave, parental leave or force majeure leave

Unfair selection for redundancy

Making a protected disclosure (that is, where you raise concerns about possible wrongdoing at work) under the Protected Disclosures Act 2014.

Employees must have at least 12 months continuous service in order to make a claim for unfair dismissal.

When an employee considers that they may have been unfairly dismissed by their employer or former employer, they may submit a complaint to the Workplace Relations Commission (WRC) for a Hearing by an Adjudication Officer, within 6 months of the dismissal date, or within 12 months where reasonable circumstances have prevented the submission within the recommended 6 month period. A WRC Adjudication Officer’s decision may be appealed to the Labour Court.

As an alternative to an adjudication hearing, the WRC may invite both parties to engage in a voluntary and confidential mediation process to resole the complaint. If a mediated solution is reached, then both parties will be asked to sign a written agreement, and the matter is considered resolved.

Where the WRC Adjudication Officer or Labour Court considers that an employee has been unfairly dismissed, then the employee will be entitled to redress. Examples of redress include:

Re-instatement by the employer, to the position they held immediately prior to their dismissal.

Re-engagement by the employer, to the position they held immediately prior to their dismissal, or in a differing position that it both reasonable and suitable.

Compensation by the employer to the employee of up to 104 weeks remuneration (where an employee has incurred financial loss due to the dismissal)

Compensation by the employer to the employee of up to 4 weeks remuneration (where an employee has not incurred financial loss due to the dismissal)

As set out in the Minimum Notice and Terms and Employment Acts, 1973-2005, an employee or employer who intends to terminate a contract of employment must provide the other party with specified minimum notice.

Key Points:

Employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week’s notice of termination of employment. However, if a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.

Employers must provide employees who have been in continuous service, notice of termination dependent on the length of the employee’s service as follows:

The Acts do not prevent an employer or employee from waiving his/he right to notice or accepting payment in lieu of notice.

If the employer does not require the employee to work out any part of their notice, the employer is obliged to pay the employee for that period.

The Acts do not prevent the rights of an employer or employee to terminate a contract of employment without notice due to the misconduct of the other party.

If an employee considers that their employer or former employer has contravened a provision of the above Acts, they may submit a complaint to the Workplace Relations Commission (WRC) for resolution. Upon review and consideration of the complaint, the WRC may refer it to a Mediation Officer who will attempt to reach agreement with the parties, or the complaint may be referred to a WRC Adjudication Officer for a Hearing. Any appeal following an adjudication decision may be appealed to the Labour Court.
The Organisation of Working Time Act 1997 sets out statutory employee entitlements in respect of annual leave and holiday entitlements.

Key Points:

Employers are required to provide minimum paid leave entitlements to all employees, including full-time, part-time, temporary, fixed-term, casual workers and apprentices.

Based upon the time worked, statutory minimum leave entitlements should be calculated using one of the following methods.

4 working weeks in a leave year in which the employee works at least 1,365 hours (unless the employee changes employment during the leave year).

1/3 of a working week per calendar month for each month the employee works at least 117 hours.

8% of the hours an employee works in a leave year (but subject to a maximum of 4 working weeks).

If more than one of the above methods is applicable, the employee is entitled to whichever method provides the greater entitlement.

Annual leave entitlement for employees whose employment begins mid-month / mid-year is normally calculated on a pro-rata basis.

Employees requesting annual leave, should consult their contract of employment and/or employee handbook to confirm the notice period required by the employer.

The employer determines the timing of an employee’s annual leave, taking into consideration work and personal requirements and should consult with the employee in advance.

Pay for the leave must be given in advance, calculated at the employee’s normal rate.

Annual leave should be taken within the leave year. Any ‘carry over’ of annual leave would need to be agreed between the employer & employee and set out in the employee’s contract of employment.

An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year, or during the normal carryover period of 6 months.

Employees continue to accrue their entitlement to annual leave when taking:

Maternity leave or additional maternity leave

Adoptive leave or additional adoptive leave

Paternity leave

Parental leave

Parent’s leave

Health and safety leave

Certified Sick Leave

Carer’s leave (first 13 weeks only)

If an employee leaves a job without taking all their entitled annual leave, the employer must pay for the days not taken.

In the case of lay off or short-term working, an employee does not build up annual leave during lay-off but is entitled to take any annual leave accumulated before being laid off.

Employee public holiday entitlements are set out in the Organisation of Working Time Act 1997. There are currently 10 public holidays in Ireland each year (Good Friday is not a public holiday).

Key Points:

The 10 Public Holidays in Ireland are:

New Year's Day (1st January)

St. Bridget's Day (or 1st February if the date falls on a Friday)

St. Patrick's Day (17th March)

Easter Monday

First Monday in May

First Monday in June

First Monday in August

Last Monday in October

Christmas Day (25th December)

St. Stephen's Day (26th December)

Employees are entitled to whichever of the following public holiday benefits his/her employer determines:

A paid day off on the public holiday

A paid day off within a month of that day

An additional day of annual leave

An additional day’s pay

Full-time employees have immediate entitlement to benefit for public holidays.

Part-time employees are entitled to benefit when they have worked a total of 40 hours in the previous 5 weeks prior to a public holiday.

If the business is closed on the public holiday and an employee would normally be due to work, then they get their normal day's pay.

If the business is open and an employee works, he/she is entitled to either paid time off or an additional day's pay.

If an employee is not normally rostered to work, then they will be entitled to one-fifth of their normal weekly wage extra.

If an employee ceases to be employed during the week ending on the day before a public holiday, having worked during the 4 weeks preceding that week, he/she is entitled to receive pay for the public holiday.

If a full-time employee is on sick leave during a public holiday, they are entitled to benefit for the public holiday missed. The employer can also choose to regard the employee as not being on sick leave and pay them as normal for the public holiday. In this instance, the public holiday is not counted as a sick leave day.

If a part-time employee is on sick leave when a public holiday occurs, they are entitled to benefit for the public holiday once they have worked for the employer for at least 40 hours in the previous five-week period.

Employees on sick leave immediately before the public holiday are not entitled to pay or time off if either of the following apply:

They have been off work for more than 26 weeks due to an ordinary illness or an accident

They have been off work for more than 52 weeks due to an occupational accident

Employees are entitled to leave for any public holidays that occur while you on maternity leave, parental leave, paternity leave, adoptive leave, parent's leave or domestic violence leave.

If an employee is on temporary lay-off, they are entitled to benefit for the public holidays that fall within the first 13 weeks of lay-off.

Where the public holiday falls on a day which is not a normal working day for that business (e.g. a Saturday or Sunday) employees still have entitlement to benefit (b, c or d above can be given as the benefit options). However, there is no legal entitlement to have the next working day off work.

Employee entitlement to protected maternity and additional maternity leave is provided for in the Maternity Leave Protection Acts, 1994 and 2004 which cover all employees who are pregnant, have recently given birth or who are breastfeeding.

Key Points:

26 weeks maternity leave is available to all employees irrespective of their employment status (full-time, part-time, casual, agency worker) or length of service.

The employee must inform the employer, in writing, of their intention to take maternity leave not later than 4 weeks before the maternity leave is due to begin & provide medical confirmation of the pregnancy.

Maternity leave should be taken at least 2 weeks before the end of the week of the expected birth, and at least 4 weeks after.

Maternity Benefit may be paid during maternity leave by the Department of Social Protection for employees who meet the PRSI contribution criteria.

Employers are not obliged to pay employees on maternity leave but may opt to provide supplementary ‘top up payments’ to an employee in receipt of Maternity Benefit from the Department of Social Protection.

Employees can take up to 16 additional weeks unpaid maternity leave but cannot claim Maternity Benefit for these extra weeks. Notice of additional maternity leave must be given in writing, either:

With maternity leave notice, or,

Not later than 4 weeks before the employee is due to return to work.

Employees are entitled to paid leave to attend ante-natal and post-natal care appointments and must provide their employer with at least 2 weeks written notice of the appointment and a copy of appointment records (if requested).

Expectant fathers are entitled to paid time off to attend the last 2 ante-natal classes of a set, which the expectant employee is in attendance.

Employees who are breastfeeding are entitled to paid breaks or reduced working hours during the working day to allow breastfeeding for up to 2 years (104 weeks) after the birth. Employees must notify their employer in writing of their intention to breastfeed at least 4 weeks before returning from maternity leave. Breastfeeding break entitlements for part-time employees should be calculated on a pro rata basis.

Should an employee become sick during a period of additional maternity leave, they can request an ending of additional maternity leave and commencement of sick leave.

Where a newborn child is hospitalised, and subject to certain eligibility criteria, an employee may submit a written request to the employer for consideration of postponement of part of the maternity leave or additional maternity leave (as applicable). The maximum duration of leave postponement is 6 months from the return-to-work date.

If an employee suffers a stillbirth or miscarriage after the 24th week of pregnancy, they will be entitled to take 26 weeks maternity leave and 16 weeks additional maternity leave. Maternity Benefit will be payable subject to the PRSI eligibility requirements.

If an employee loses a baby before the 24th week of pregnancy, they will not be entitled to maternity leave but may take a period of sick leave.

Employees on maternity leave and additional maternity leave continue to accumulate annual leave entitlements as though they were at work. Additionally, the employee is entitled to leave for any Public Holidays occurring during maternity leave or additional maternity leave.

Employees have the right to return to work after maternity leave, to the same job with the same contract of employment.

Employees on maternity leave cannot be suspended or have their employment terminated.

The Adoptive Leave Acts, 1995-2002 were introduced to provide protected leave from employment for an adopting couple or a parent who is adopting alone. While employees are on adoptive leave, they are protected from unfair dismissal.

Key Points:

A qualified adopter is either the nominated parent of an adopting couple or a single adopting parent.

Adoptive leave is for 24 consecutive weeks, starting on the date the adopted child is placed with the adopting employee.

There is also an entitlement to paid time off to attend pre-adoption meetings and preparation classes.

An adopting parent who does not take adoptive leave will be entitled to paternity leave.

Adoptive Benefit may be paid during adoptive leave by the Department of Social Protection for employees who meet the PRSI contribution criteria.

Employers are not obliged to pay employees on adoptive leave but may opt to provide supplementary ‘top up payments’ to an employee in receipt of Adoptive Benefit from the Department of Social Protection.

Employees can take up to 16 additional weeks unpaid adoptive leave but cannot claim Adoptive Benefit for these extra weeks.

Not less than 2 weeks written notice must be given to the employer when requesting paid time off to attend the first pre-adoption meeting or class.

Not less than 4 weeks written notice must be given to the employer when requesting a period of adoptive leave, or additional adoptive leave.

A Certificate of Placement should be provided to the employer not less than 4 weeks before the placement date.

In the event of a foreign adoption, the employee must provide their employer with a copy of the declaration of eligibility or suitability, not less than 4 weeks before the placement date.

An employee who is arranging a foreign adoption, may take some, or all, of their additional adoptive leave entitlement before the date of the placement, to facilitate familiarisation with the child.

Paternity leave is an entitlement to 2 weeks leave available to qualified new parents (other than the mother of the child), as provided in the Paternity Leave and Benefit Act 2016.

Key Points:

Paternity leave is an entitlement to 2 weeks consecutive leave for a qualified relevant parent (employed or self-employed) on the birth or adoption of a child. A ‘relevant parent’ is defined as:

The father of the child,

The spouse, civil partner or cohabitant of the mother, or the parent of a donor-conceived child.

Paternity leave must commence within 26 weeks of the birth or child placement.

Employees must provide at least 4 weeks’ notice in writing to their employer and include the relevant details:

A medical certificate stating the baby’s expected due date

Confirmation of the actual date of birth, if an application is made after the birth

A Certificate of Placement in the case of adoption

Paternity leave may be postponed by the employee in certain circumstances, such as the illness of a relevant parent or hospitalisation of the child.

Paternity Benefit is a 2-week payment by the Department of Social Protection to employees who meet the PRSI contribution criteria. Applications for Paternity Benefit should be made least 4 weeks before the start date of the intended paternity leave period. Self-employed parents should apply 12 weeks before.

The employer is not obliged to pay employees on paternity leave but may opt to provide supplementary ‘top up payments’ to an employee in receipt of Paternity Benefit from the Department of Social Protection.

If more than one child is born or adopted at the same time, only 1 fortnight of paternity leave may be taken.

Employees are treated as being in employment while on paternity leave and are entitled to return to their job afterwards.

An employee’s entitlement to annual leave and public holidays continues to accrue while they are taking a period of paternity leave.

Since 1 August 2024, the Parent’s Leave and Benefit Act 2019, as amended, provides an entitlement to employees with children to take up to nine week’s parent’s leave within the first two years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family.

Key Points:

Parent’s leave is available to a ‘relevant parent’, which includes:

A parent of a child

A spouse, civil partner or cohabitant of the parent of a child

A parent of a donor-conceived child

The adopting parent or parents of a child

The civil partner or spouse of the child's adopting parent

The leave can be taken as a block of 9 weeks or in separate periods of not less than one week.

Parent’s Benefit may be paid during parents leave by the Department of Social Protection for employees who meet the PRSI contribution criteria.

Employers are not obliged to pay employees on parent’s leave but may opt to provide supplementary ‘top up payments’ to an employee in receipt of Parent’s Benefit from the Department of Social Protection.

Employees are obliged to give 6 weeks written notice of their intention to take parents leave, confirming the start date, duration and the manner the leave will be taken.

An employer cannot refuse to grant parent’s leave, but they can postpone it once, for up to 12 weeks. The employer must give the employee at least 4 weeks’ notice in writing and state the reasons for the postponement, which may include the following:

Seasonal variations in the volume of work

Difficulty finding a replacement to carry out the work of the employee

The nature of the employees’ duties

The number of other employees also taking parent’s leave

Any other relevant matters that mean the parent’s leave would have a ‘substantial adverse effect on the operation of their business, profession or occupation’

Both parents have an equal entitlement to parent’s leave, and the entitlement cannot be transferred between relevant parents. However, if one parent dies, then the surviving parent will be entitled to take the untaken portion of the deceased parent’s leave.

Employees are treated as being in employment while on parent’s leave and are entitled to return to their job afterwards.

An employee’s entitlement to annual leave and public holidays continues to accrue while they are taking a period of parent’s leave.

The Parental Leave Act 1998 as amended by the Parental Leave (Amendment Act) 2006, 2019 and the European Union (Parental Leave) Regulations 2013, introduced the provision for parents to take unpaid leave from work to take care of a child.

Key Points:

Employees who are natural or adoptive parents of children or acting in ‘loco parentis’ and have 1 year’s continuous service with their employer, are entitled to take up to 26 weeks unpaid parental leave to allow him/her take care of a child.

Parents with more than 1 child, are limited to 26 weeks leave within a 12-month period.

Employees who have more than 3 months but less than 1 years’ service with the employer and have a child approaching the age threshold, are entitled to take one week’s parental leave for each completed month.

Pro-rata leave arrangements can be made for part-time employees.

Where both parents are employed by the same employer, the transfer of 14 weeks parental leave entitlements is possible, subject to the employer agreement.

The leave must be taken before the child reaches 12 years of age, or 16 years old in the case of a child with a disability or a long-term illness. Where the child is adopted and is between 10-12 years of age at the time of the adoption order stage, parental leave must be taken within two years of the adoption order.

Parental leave may be taken in 1 continuous block of 26 weeks or in 2 separate blocks of a minimum of 6 weeks. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child.

To provide additional flexibility to employees and subject to employer agreement, the working pattern can be broken down to facilitate an employee taking parental leave in smaller blocks of weeks, days or hours.

Employees are obliged to give 6 weeks written notice of their intention to take parental leave, confirming the start date, duration and the manner the leave will be taken, and provide evidence of the child’s date of birth.

Employers must prepare a confirmation agreement for signing by both employer and employee not less than 4 weeks prior to start date of the parental leave.

Employers can postpone parental leave for up to 12 weeks but must do so prior to the signing of a confirmation agreement, and provide notice of postponement, not less than 4 weeks prior to the start of the requested leave date. Reasons for postponement may include:

The nature of the job.

Seasonal variation of the work being performed.

Unavailable replacement personnel.

Other employees on parental leave at the same time.

Normally parental leave may only be postponed by an employer once. However, depending on the nature of the employer’s business, it may be postponed a second time if seasonal variations in the volume of work are a factor.

An employee’s rights are protected during parental leave, and they are treated as though in employment except for the right to pay/superannuation (pension contributions).

An employee’s entitlement to annual leave and public holidays continues to accrue while they are taking a period of parental leave.

Should an employee fall ill prior to taking the intended parental leave, they may postpone the leave until they are no longer ill. If an employee falls ill after parental leave has commenced and they are unable to care for the child, the leave can be suspended for the duration of the illness. The employee must inform their employer in writing of the illness and provide the required medical certificate. The parental leave will resume when the employee recovers.

An employer is entitled to cancel parental leave if it is used for any other purpose than to care for an employee’s child.

Force Majeure leave is limited paid time off work granted to an employee, in response to a family illness or injury where their presence is required. This leave entitlement was provided for in The Parental Leave Act 1998 and Amendment Act 2006.

Key Points:

Employees are allowed to take paid time off work to respond to an urgent family crisis involving one of the following:

Spouse or partner

A child / adopted child

Parent / Grandparent / Sibling

a person for whom the employee is acting in loco parentis

a person with whom the employee has a relationship of ‘domestic dependency’ (this person depends on the employee for care)

Paid leave is restricted to a maximum of 3 days in a 12- month period and is subject to a maximum of 5 days over a 36- month period.

If an employee needs to take force majeure leave for part of a day, that day is to be counted is a one day of force majeure leave.

Employers assessing an employees’ entitlement to take force majeure leave, should determine if the situation is urgent and immediate and the employees’ presence is indispensable. An employee with prior knowledge of a medical appointment or their need to be present, would be able to provide notice and therefore would not be entitled to force majeure leave.

Advance requests/notice for Force Majeure leave may not be possible, but employees should notify their employer as soon as they can. On their return to work the employee must provide their employer with an application for Force Majeure leave, in writing, and include the following information:

Employee Name & PPS number

Employer name and address

Date(s) of the force majeure leave taken and the reasons why

Employee relationship to the person who was injured or ill

Any other relevant information

Carer’s leave allows an employee to temporarily leave work to provide full-time care for a person requiring such care, as set out in the Carer’s Leave Act 2001.

Key Points:

Carer’s leave is an entitlement to a period of unpaid leave to provide full-time care for a person requiring such care, the duration of which is a minimum of 13 weeks to a maximum of 104 weeks.

Employees must have 12 months’ continuous employment with the employer to be eligible to apply.

Employees must provide 6 weeks’ notice, in writing, to the employer. In emergency situations where 6 weeks' notice is unfeasible, the employee must notify the employer as soon as possible.

Following an application for carer’s leave, the employee must give the employer a copy of the decision from the Deciding Officer of the Department of Social Protection, that the person to be cared for is medically certified as requiring full-time care.

The employer and employee must then prepare and sign a Confirmation Document, no later than 2 weeks before the leave is due to begin, noting the date on which the leave will commence, the duration & signatures of both the employer and employee.

Employees continue to accrue annual leave entitlements for the first 13 weeks of carer’s leave.

Bereavement leave is time off work granted to employees following the death of a close family member.

Key Points:

At present there is no specific statutory entitlement to bereavement leave under Irish employment law, however it is common practice for employers to offer a certain number of paid leave days (typically between 3-5) on the death of immediate family members (such as a spouse, parent, child, or sibling).

Bereavement leave policies are normally confirmed by an employer in an employee contract of employment or employee handbook.

Medical leave is an employee entitlement to take unpaid leave for up to 5 days in any consecutive 12-month period for the purpose of providing medical care or support to a specified relevant person. The entitlement was introduced as part of The Work Life Balance and Miscellaneous Provisions Act 2023 and came into effect on 3rd July 2023.

Key Points:

Employees are entitled to take 5 days’ unpaid leave off work in a 12-month period to provide medical care (significant care or support for a serious medical reason) for a relevant person such as:

Child (including an adopted child)

Spouse or civil partner

Cohabitant

Parent or grandparent

Sibling

Housemate (any other person to those listed above who lives in the same house as the employee)

The leave is available to both parents and carers.

No minimum service is required to request this leave.

The leave can be taken in single or multiple days, although it cannot be taken in periods of less than 1 day (absence for part of a day will be recorded as 1 day unpaid medical leave).

Employees should notify the employer in writing where possible and provide all relevant details (dates, reasons etc.). No notice is required in the case of an emergency.

The employee must on their return, provide their employer with details of the leave taken (start date, duration etc.) and supply relevant medical evidence such as a medical certificate signed by a doctor. The nature of the medical condition does not need to be specified.

In general, an employee will be treated as if they were in work during leave for medical care and there is no break in service.

Employees must not be dismissed or victimised for taking or requesting the leave.

Employees on probation, in training or on an apprenticeship are entitled to apply – the employer can suspend the probation/training/apprenticeship for the duration of the leave.

Domestic violence leave provides for up to 5 paid leave days in any 12-month period for those who have experienced, or are experiencing, domestic violence or abuse. It was introduced as part of the Work Life Balance and Miscellaneous Provisions Act 2023 and came into effect on 27 November 2023.

Key Points:

An employee can avail of up to 5 days paid domestic violence leave in any 12-month period. It can be taken in one or more periods, once the total does not exceed five days.

The minimum period to be taken is one day. If an employee takes part of a day, this will be considered as one day of leave.

Part-time employees are entitled to domestic violence leave on a pro-rata basis. This means, for example, if employees work 50% of a normal working week, they are entitled to 2.5 days’ leave.

This leave can also be availed of by an employee to assist a ‘relevant person’ who is experiencing or has experienced domestic violence or abuse in the past:

Spouse or civil partner

Cohabitant

Intimate partner

Child who is under 18

Another dependent person

Domestic violence leave is available to all employees and there is no minimum service requirement to avail of statutory domestic violence leave.

An employee must tell their employer as soon as possible that they need to take domestic violence leave, but no notice period is required. Immediately on their return to work, the employee must confirm in writing the start date and duration of the leave. This confirmation should be signed by the employee. No further information regarding the leave is required.

Employees are not required to supply their employer with any supporting information or evidence when requesting domestic violence leave.

Employers should treat any information disclosed by employees with the utmost sensitivity and confidentiality.

Employers can choose to provide additional or enhanced entitlements for those experiencing domestic violence and abuse but there is no legal requirement to provide more than 5 days of paid leave in any 12-month period.

Taking domestic violence leave does not break the employee’s continuous service. It also counts as service when calculating entitlements such as annual leave and public holidays.

An employee must not be dismissed or victimised for taking or requesting domestic violence leave.

The Sick Leave Act 2022 provides for a Statutory Sick Leave scheme for all employees who have been with their current employer for at least 13 weeks.

Key Points:

Statutory sick pay is available to both full-time and part-time employees having at least 13 weeks continuous service. Employees on probation, undergoing training, apprentices and agency workers are also entitled to statutory sick pay.

Since 1 January 2024, employees are entitled to received 5 days of paid sick leave a year (increased from 3 days in 2023). The sick pay year is the calendar year from 1 January to 31 December.

The entitlement is expected to increase to 7 days for 2025 and to 10 days for 2026 (subject to Ministerial order).

The employer pays sick pay at 70% of the employee’s normal pay, up to a maximum of €110 a day for certified leave days only.

If week-to-week pay varies, then sick pay is calculated as the average of the pay during the 13 weeks prior to the employee taking sick leave.

An employer may provide a more generous sick pay arrangement, but it cannot provide less favourable terms than the statutory sick pay scheme when it is applied.

The employee must provide their employer with a medical certificate from a registered medical practitioner stating that the employee is unfit to work due to their illness or injury.

If an employee is off work sick for more than 5 days, and meets the PRSI contribution criteria, they may apply to the Department of Social Protection for Illness Benefit or Injury Benefit payments which start from day 6.

If an employee has used their 5 days of statutory sick leave in 2024 and is sick again later in the same year, they may apply for Illness Benefit payments from day 4 of the illness after the normal 3 waiting days.

An employees’ rights are protected while on sick leave, they are treated as being in employment.

Study leave is a period of unpaid time away from work for employees wishing to pursue either further education or professional development.

Key Points:

The duration of study leave may range from a few days to several months, depending on the nature of the studies and employer policy.

Eligibility to apply for study leave may require a certain length of service with the employer.

Approval of study leave is at the discretion of the employer and depends on the course of study and relevance to their employment

Some employers may offer financial support for tuition fees or other study-related expenses, though this varies widely

Employees should confirm their right to return to their role or a similar position and understand the impact on their benefits and pension contributions.

Employees should refer to their contract of employment / employer policies for details of any employer paid study leave provisions.

The Juries Act of 1976 as amended by the Civil Law (Miscellaneous Provisions) Act sets out the rules for eligibility for jury service leave in Ireland and the responsibility for individuals to serve on juries when randomly selected.

When an employee is summoned for jury service, they enjoy legal safeguards and employment protections that an employer is required to honour.

Key Points:

When an employee receives a jury summons, they should provide as much written notice to their employer as possible and confirm the dates and times of the court appearance.

Employers must allow employees to attend jury service when summoned.

Employees may be excused from jury service under certain circumstances.

The self-employed may qualify to be excused from jury service, should serving on a jury result in a loss of earnings.

When attending jury service an employee is entitled to paid leave from their employer, even if they are not selected for the jury panel.

Following completion of the jury service an employee is entitled to return to their employment with the same terms and conditions they received prior to the jury service.

When released from jury service an employee should request a certificate of attendance confirming their attendance from the County Registrar and provide this to their employer.

A career break (or sabbatical) allows for an extended period of unpaid leave from work for various personal reasons such as travel, personal development or family responsibilities.

Key Points:

In Ireland, career breaks are not mandated by law but rather granted at the employer’s discretion.

The duration may range from a few months to a few years.

Eligibility to apply for a career break may require a certain length of service with the employer.

Approval is completely at the discretion of the employer and dependent on the operational requirements.

Employers may give the guarantee of returning to a similar role at the end of the career break.

Employee benefits & pensions may be suspended during the break.

Employees should refer to their contract of employment / employer policies for details of any employer paid career break provisions.
The Workplace Relations Commission (WRC) Code of Practice on Grievance and Disciplinary Procedures (SI No. 146 of 2000) provides employer guidance on the fair procedures that should be followed during an employee disciplinary process to ensure that the principles of natural justice and fair treatment are followed. While the Code of Practice is not legally binding, non-compliance with the minimum standards set out in the Code can be considered by the Labour Court or employment tribunals in related disputes.

As required under the Unfair Dismissals Acts, 1977 – 2015, an employer is obliged to have a disciplinary procedure in place outlining the steps to be followed by an employer when handling issues of concern. Employers are required to issue the disciplinary procedure in writing to employees within 28 days of their commencement of employment.

An employee dismissal should only occur once fair procedures have been followed. An employer’s failure to apply fair procedures and to demonstrate fair grounds for dismissal may result in an unfair dismissals claim being made against the employer.

Key Points:

Disciplinary procedures are necessary to ensure that the workplace is a fair and efficient environment for both employee & employer.

Where possible, attempts should be made to resolve disciplinary issues between the employee and their manager/supervisor on an informal basis (known as ‘informal counselling’).

The procedures should provide an objective and consistent process to address issues of misconduct, capability, competence, or failure to meet company standards regarding behaviour or performance.

Disciplinary procedures usually follow the following steps, however for cases of serious misconduct, it may be required to escalate the process more quickly.

Pre-disciplinary: Informal counselling.

Stage 1: Verbal warning.

Stage 2: First Written Warning.

Stage 3: Final Written Warning.

Stage 4: Sanction e.g. demotion or suspension without pay.

Stage 5: Dismissal

Warnings should be removed from an employee's record after a specified period and the employee advised accordingly.

The disciplinary procedure should reserve the right to engage the process at any stage, based on the seriousness of the disciplinary issue. When an employer enters the process at a particular stage, they cannot then skip a stage of the procedure. In the event of a further incident occurring, the employer must escalate the process through the remaining disciplinary steps.

Managers, supervisors and employee representatives should ensure they are very familiar with the disciplinary procedures and adhere to the terms.

An employer’s disciplinary rules should clearly set out what actions are regarded as misconduct and clarify that a failure to meet the required standards may lead to commencing the early stages of a disciplinary procedure. The following list while not exhaustive, provides some examples of misconduct:

Unauthorised use of the company’s assets and equipment.

Failing to follow procedures regarding absence, sickness or injury.

Minor breach of the written statement of terms and conditions of employment.

Minor damage to company property.

Minor breach of the company rules.

Minor failure to observe company policies or procedures.

Regular unreasonable and/or unexplained absences.

Poor time keeping.

Poor job performance.

An employer’s disciplinary rules should also clearly set out what actions will be considered gross misconduct. When an employee’s actions are proven to be gross misconduct, this may give rise to summary dismissal without notice. The following list while not exhaustive, provides some examples of gross misconduct:

Divulging or misusing confidential information.

Theft or unauthorised possession of any company property or facilities.

Insubordination e.g. refusal to obey reasonable instructions.

Sexual harassment, harassment and/or bullying.

Serious breaches of rules, policies or procedures, especially regarding safety.

Consumption of alcohol or drugs, which could affect work performance to have an impact on other employees or the possession of illegal drugs at work.

Defrauding or attempting to defraud the company, customers, suppliers or fellow employees.

Falsification of company records including reports, accounts, expense claims or self-certification forms.

Serious damage to company property.

Violent, dangerous or intimidatory conduct.

Timekeeping offences.

Conviction for, or failure to disclose to the company, any criminal offence which may render the employee unsuitable for employment.

Incidents of gross misconduct may justify the employer bypassing the usual disciplinary procedural stages, but the employer is still required to investigate the allegations, address the charges to the employee and provide the employee with an opportunity to respond. A decision to dismiss can only be made upon completion of full investigation.

Disciplinary procedures must include the principles of natural justice, where an employee has the following rights:

To know the case against them.

To be provided with all relevant information.

To be provided with an opportunity to respond to allegations made against them.

To have a fair investigation of the facts.

To have the right to representation.

To have the right to appeal.

A disciplinary procedure should include a mechanism for an appeal to a senior member of staff, not yet involved in the process, or to an external party.

Proper written records of disciplinary actions taken should be maintained to protect the employer from unfair dismissal claims.

A disciplinary procedure appeal should be conducted by a different person or panel who was not involved in the original disciplinary decision.

A grievance procedure is a mechanism which enables employees to raise issues with their employer, when they feel dissatisfied or feel they are being treated unfairly.

To foster a positive work environment, employers should have a clear and understandable grievance procedure in place to strengthen employee trust and provide them with confidence that their grievance will be handled promptly, fairly and effectively.

The Workplace Relations Commission (WRC) Code of Practice on Grievance and Disciplinary Procedures (SI No. 146 of 2000) provides employer guidance on the fair grievance procedures that should be followed by employers to ensure that the principles of natural justice and fair treatment are followed. While the Code of Practice is not legally binding, it does set out the minimum recommended standards for handling grievances.

Key Points:

A fair grievance procedure should include:

A fair examination and fair processing of an employee’s grievance.

Gathering and examining the details of the allegations or complaints.

Opportunities for the employer or employee concerned to fully respond to allegations or complaints.

Opportunities for the employer or employee concerned to have the right of representation during the procedure.

A clearly explained, fair and impartial determination of the grievance issue concerned.

Details of the appeals process, and the time period for employees to make an appeal.

Grievances in the workplace can arise in many ways, examples of grievances include:

Bullying in the workplace complaints.

Complaints about working conditions.

Workload complaints.

Complaints about pay and benefits.

Managers, supervisors and employee representatives should make themselves familiar with the grievance procedures and strongly adhere to them, and where required, management training should be provided.

Employers should aim to resolve a grievance issue quickly and informally as this makes it easier to resolve, before the issue escalates and becomes more difficult to settle.

Mediation may be used to help resolve a grievance issue to the satisfactory agreement of both parties, prior to the grievance being escalated formally.

When a grievance has not been satisfactorily resolved, the employee must submit the grievance in writing to the employer to commence a formal grievance process.

Employees have a right to be represented at a formal grievance hearing by a colleague or trade union representative.

Managers should ensure that records are maintained during each stage of the formal grievance procedure and note the following:

Confirmation of information provided to the employee.

What was said at the grievance hearing.

Details of the decision reached.

Details of the any appeal.

In situations where no further action will be taken, the employee should be informed in writing that no further action will be taken ad the reason(s) for this.

Where a grievance concerns a matter of policy affecting all staff, then the grievance is best dealt with formally.

The Code of Practice for Employers and Employees on the Prevention and Resolution at Work came into effect on 23 December 2020, and its purpose is to provide guidance for employers, employees and their representatives regarding good practice and procedures for addressing and resolving workplace bullying issues.

The Code applies to all employments in Ireland, including where employees work at a fixed location, remotely at home, or as mobile workers. While it is not an offence where an employer does not follow the Code, failure to comply with the Code may be admissible in evidence before a Court, the Labour Court or the Workplace Relations Commission.

The Safety, Health and Welfare at Work Act 2005 (as amended) sets out an employer’s duty to ensure that health and safety of their employees in the workplace. Under section 8 of the Act employers are obliged to ‘prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk’, and this includes bullying.

Key Points:

For the purposes of the Code, bullying in the workplace is defined as follows:

‘Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but as a once off incident, is not considered to be bullying.’

Under the Code, an employer must:

Take reasonable steps to prevent bullying in the workplace.

Act reasonably where there is a bullying complaint and assess the complaint, record actions and put a suitable response in place.

Develop an anti-bullying policy in consultation with employees.

Prepare a Safety Statement based on an assessment of the risk of bullying in the workplace.

Under the Code, an employee must:

Not engage in improper behaviour which would endanger the health, safety and welfare of themselves or other employees

Comply with relevant anti-bullying policies

Co-operate with the employer when an allegation of bullying at work is being investigated

Bullying involves actions and behaviours that undermine an employee’s right to dignity at work, directly or indirectly, spoken and/or written and could include cyber or digital methods of bullying.

A summary of the employer’s anti-bullying policy should be displayed prominently within the workplace.

Bullying behaviour may include the following:

Social exclusion and isolation

Verbal abuse / insults

Being treated less favourably than colleagues in similar roles

Belittling a person’s opinion

Spreading malicious rumours, gossip or innuendo

Intrusion - pestering, spying or stalking

Intimidation and aggressive interactions

Excessive monitoring of work

Withholding information needed for the person to do their job properly

Repeatedly manipulating a person’s job content and targets

Blaming a person for things beyond their control

Use of aggressive or obscene language

Other menacing behaviour

The following (non-exhaustive) list provides examples of what does not include bullying:

Expressing strong differences of opinion.

Offering constructive feedback, guidance or advice on work-related behaviour which is not in itself welcome.

Ordinary performance management.

Reasonable corrective action taken by an employer or supervisor relating to the management and direction of employees (for example managing a worker’s performance, taking reasonable disciplinary actions, or assigning work).

Workplace conflict where people disagree or disregard the other’s point of view.

Employees who feel they are being bullied should begin an initial informal process in the hope of resolving the issue quickly. Some employers will have appointed a ‘Contact Person’ to whom the employee can approach for advice. Employees should consult their workplace anti-bullying policy and if they feel comfortable, raise their concerns with the relevant person, verbally or in writing, concentrating on the offending acts and their effect.

A secondary informal process follows if the first was not successful or the employer considers it not adequate due to the nature of the complaint. The steps of this process will be set out in the employer anti-bullying policy.

If agreeable to both parties to the complaint, mediation may be an option to help resolve the issue.

If, despite the informal processes or mediation, the issue has not been resolved, the employee may consider making a formal complaint.

Formal bullying complaints procedures should be clearly set-out in the employer’s anti-bullying policy and include:

The process for handling a formal complaint.

An explanation on how an investigation will be carried out.

Reference to who will carry out an investigation into the complaint.

That both parties are entitled to bring a work colleague or trade union representative to a meeting.

Details of the appeals process, and the time period for employees to make an appeal.

Employees have a right to be represented at a formal hearing by a colleague or trade union representative.

Confirmation of the Contact Person or advisory support services available to provide employee support.

Should an employee feel that their complaint has not been dealt with properly by the employer, they may make a complaint under employment equality or health and safety legislation to the Workplace Relations Commission.

The Code of Practice on Sexual Harassment and Harassment at work developed by the Equality Authority in 2012, provides guidance to employers on identifying sexual harassment and harassment within the workplace, what steps to take should incidents occur, and best practice on how to prevent it occurring.

Key Points:

Harassment is defined as any unwanted behaviour relating to any of the 9 grounds of discrimination, which violates an employee’s dignity, therefore creating an intimidating, degrading, humiliating or offensive work environment.

The 9 grounds of discrimination are as follows:

Gender

Civil status

Family status (for example, as a parent)

Sexual orientation

Age

Disability

Race

Religious belief

Membership of the Traveller community

Some examples of harassment include:

Verbal harassment (e.g. making jokes or derogatory (offensive) comments).

Written harassment (e.g. graffiti, text messages, emails, or social media posts).

Physical harassment or any other assault.

Intimidating behaviour (e.g. gestures or threatening poses).

Visual displays (e.g. posters, emblems or badges).

Excessive monitoring of work

Isolation or exclusion from social activities

Unreasonably changing your job content or targets

Sexual harassment is defined as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and creating an intimidating hostile, degrading, humiliating or offensive environment for the person.

Some examples of sexual harassment include:

Physical conduct of a sexual nature.

Verbal conduct of a sexual nature.

Written conduct of a sexual nature.

Other conduct of a sexual nature.

Gender based conduct of a sexual nature.

Harassment or sexual harassment can occur in the workplace when an employee or self-employed contractor is harassed by either:

Another person employed at that place, or by the same employer, or

The victim’s employer, or

A client, customer or other business contact of the victim’s employer.

Employers are obliged to have an effective grievance or complaints procedure in place to deal with complaints of harassment and sexual harassment and ensure all employees are aware of the policy and procedures.

Employees (or someone on their behalf if it proves too difficult) wishing to make a complaint may initially make an informal approach to the person concerned, explaining the nature of the offensive conduct.

Should the informal approach not be successful, a formal complaint to the employer would be the next step in the process.

Formal harassment complaint procedures should be clearly set-out in the employer’s anti-harassment policy and include:

The process for handling a formal harassment complaint.

An explanation on how an investigation will be carried out.

Reference to who will carry out an investigation into the complaint.

That both parties are entitled to bring a work colleague or trade union representative to a meeting.

Details of the appeals process, and the time period for employees to make an appeal.

The rights for employees to be represented at a formal hearing by a colleague or trade union representative.

Confirmation of the Contact Person or advisory support services available to provide employee support.

If an employee still feels the complaint has not been dealt with properly by the employer, a complaint can be made to the WRC, within 6 months of the last act of harassment, or within 12 months if there was a ‘reasonable cause’ for the delay in notifying the WRC.

The WRC may refer your harassment complaint for mediation where a mediation officer will speak to both parties involved and help resolve the issue.

From 7 March 2024 the Work Life Balance and Miscellaneous Provisions Act 2023, introduced a legal right for an employee to request flexible working (FW) arrangements.

The Workplace Relations Commission (WRC) has prepared a Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working. The Code provides practical guidance to employers and employees on best practice in managing requests for flexible or remote working.

Key Points:

Employees have a statutory right to request FW if they are:

The parent or acting in loco parentis to a child under 12 years of age or under 16 if the child has a disability or illness and who is or will be providing care to the child, or

Providing or will provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also be in need of significant care or support for a serious medical condition.

FW is an arrangement where an employee’s working hours or patterns are adjusted, including through the use of remote working arrangements, flexible work schedules or reduced working hours. Examples of flexible working arrangements are as follows:

Part-time work

Term-time work

Job-sharing

Flexitime

Compressed working hours

Remote working

An employee can request FW from their first day of employment but must complete a minimum of 6 months of continuous employment with their employer before an approved arrangement can start.

When making a FW request, an employee must:

Submit the FW request in writing to their employer as soon as is reasonably practicable but no later than 8 weeks before the proposed starting date.

Confirm details of the FW arrangement being requested.

Confirm the proposed start date and also the end date of the arrangement if relevant.

Confirm the reasons for requesting the FW arrangement.

Because an employer can ask for any additional information they reasonably require regarding the person in need of care, employees are encouraged to include any relevant documents or information to assist the employer in considering the written FW request.

An employer who receives a FW request must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. Should an employer experience difficulty assessing the viability of the request, they can extend the 4-week period for a further period not exceeding 8 weeks.

An employer who receives a request for remote working, must consider the request, having regard to:

Their own needs, i.e. the business needs, and

The employee’s needs, i.e. their reasons for requesting FW; and

The requirements of the Code of Practice in relation to considering an FW request.

Within 4 weeks of first receiving the FW request, the employer must either:

Approve the FW request and this approval must include an agreement prepared and signed by the employer and employee setting out the details of the agreed arrangement, the start and end date, if any, of the arrangement; or

Refuse the request by written notice informing the employee that the request has been refused and the reasons for the refusal; or

Provide notice in writing informing the employee that more time is needed to assess the viability of the request setting out the length of the extension.

When an FW request is approved, an agreement setting out the details (terms, start date, duration etc.) must be signed by both parties and added to the employee file.

An employer and an employee can agree, in writing, a change to a FW arrangement which has already been signed, before or after it has started.

An employer can terminate an FW arrangement (under certain circumstances), if it substantially affects their business, but must ensure that the reasons are fair, objective, and reasonable.

An employee can request a return to their original working arrangements earlier than had been approved, by providing reasons and a proposed date of return in writing. An employer must consider and provide written notice within 4 weeks of receipt confirming if the request has been approved or refused, and any reasons for refusal. An employer can also propose an alternative return date to the original arrangements.

Employees are entitled to return to their original working arrangements upon expiration of the agreed FW arrangements.

Employees have a responsibility to continue to meet the job requirements while engaged in FW arrangements. Should an employer believe an employee is not meeting the requirements, they can give 7 days’ notice of termination of the FW agreement, allowing the employee to make representations and appeal the decision.

Employees working remotely as part of the agreed FW arrangements have the ‘right to disconnect’ from work outside of the usual working hours (i.e. to switch off and not respond immediately to work-related emails, calls or messages).

Employees working from home as part of the agreed FW arrangements, may be able to claim tax relief on additional utility costs, including electricity, heating and broadband. Employees should refer to the Revenue website for information.

From 7 March 2024 the Work Life Balance and Miscellaneous Provisions Act 2023, introduced a legal right for an employee to request remote working (RW).

The Workplace Relations Commission (WRC) has prepared a Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working. The Code provides practical guidance to employers and employees on best practice in managing requests for flexible or remote working.

Key Points:

RW is an arrangement where an employee works all or part of their working week at a location remote from the employer’s workplace, which may be the employee’s home.

Employees can request RW from their first day of employment but must complete a minimum of 6 months of continuous employment with their employer before an approved arrangement can start.

When making a request, an employee must:

Submit the request for RW to their employer as soon as is reasonably practicable but no later than 8 weeks before the proposed starting date.

Confirm details of the RW arrangement i.e. how many days and which days requested.

The proposed starting and end date of the arrangement, if relevant.

The reasons for requesting RW.

An employer who receives a request for RW must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. If an employer experiences difficulty assessing the viability of the request, they can extend the 4-week period for a further period not exceeding 8 weeks.

An employer who receives a request for RW, must consider the request, having regard to:

Their own needs, i.e. the business needs, and

The employee’s needs, i.ie. their reasons for requesting RW; and

The requirements of the Code of Practice in relation to considering a request.

Within 4 weeks of first receiving the request, the employer must either:

Approve the request and this approval must include an agreement prepared and signed by the employer and employee setting out the details of the agreed arrangement, the start and end date, if any, of the arrangement; or

Refuse the request by written notice informing the employee that the request has been refused and the reasons for the refusal; or

Provide notice in writing informing the employee that more time is needed to assess the viability of the request setting out the length of the extension.

When a RW request is approved, an agreement setting out the details (terms, start date, duration etc.) must be signed by both parties and added to the employee file.

An employer and an employee can agree, in writing a change to a RW arrangement which has already been signed, before or after it has started.

The employer can end the arrangement if it substantially affects their business but must ensure their reasons are fair, objective, and reasonable.

Employees have a responsibility to continue to meet the job requirements while working remotely. Should an employer believe an employee is not meeting the requirements, they can give 7 days’ notice of termination of the RW agreement, allowing the employee to make representations.

Employees working remotely have the ‘right to disconnect’ from work outside of the usual working hours (i.e. to switch off and not respond immediately to work-related emails, calls or messages).

Employees may be able to claim tax relief on additional utility costs when working from home, including electricity, heating and broadband. Employees should refer to the Revenue website for information.

Redundancy occurs when an employee’s position ceases to exist, and the employee will not be replaced. This may occur when an employer winds up a business, reduces the number of staff due to financial difficulties or lack of work, or as part of a reorganisation within the business.

The rules regarding redundancy are set out in the Redundancy Payments Act, 1967 and the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act, 2007.

The rules in relation to collective redundancies are set out in the Protection of Employment Acts 1977-2024 and the Employees (Provision of Information and Consultation) Act 2006.

Key Points:

Compulsory redundancy occurs when an employer needs to reduce the workforce and identifies which employees will be made redundant ensuring fair selection criteria.

Non-compulsory redundancy can include voluntary redundancy and early retirement (where incentives are offered by the employer to retire early).

Voluntary redundancy occurs when an employer asks employees to volunteer for redundancy. The selection process must be fair and transparent, and selection is not automatically guaranteed.

Employers should not make an unfair redundancy selection based upon trade union activity, political opinions, pregnancy, gender, marital status, family status, age, disability, sexual orientation, race, religion or membership of the Traveller community.

Employers must provide employees notice of redundancy based on the length of service, in accordance with the statutory minimum notice periods.

An employee who has been made redundant, will be entitled to a tax-free statutory redundancy payment if they fulfil the following criteria:

Are aged 16 or over.

Have been in fully insurable employment.

Have at least 2 years continuous employment (104 weeks) with the same employer from the age of 16.

Apprentices do not qualify for statutory redundancy payments if they are dismissed within one month of completing their apprenticeship.

Statutory tax-free redundancy payments are calculated based on:

2 weeks gross pay per year of reckonable service up to a limit of €600 per week.

Plus, 1 week’s pay, subject to a limit of €600 per week.

Employers are not legally obliged to pay anything on top of the normal statutory entitlements, however some may offer employees a top-up payment.

In some instances, an employee who has been laid off or has been on short-time working for 4 weeks or more, may give their employer written notice of their intention to claim a redundancy payment.

A collective redundancy occurs when an employer is making a certain number of employees redundant within a consecutive 30-day period, as in the following examples:

5 employees from a workforce of 21-49 employees.

10 employees from a workforce of 50-99 employees.

10% of employees from a workforce of 100 to 299 employees.

30 employees from a workforce of 300 employees.

Employers must follow certain rules regarding collective redundancies, including employee consultation, and consideration of any potential alternatives to redundancy,

If an employer has not paid an employee their redundancy lump sum, the employee should apply to the employer for it. If the employer still refuses the pay the redundancy, or there is a dispute regarding the payment, the employee can bring a claim to the Workplace Relations Commission (WRC).

There is no set retirement age for employees in Irish employment law, however employers may stipulate a contractual retirement age. Under the Employment Equality (Miscellaneous Provision) Act 2015, employers who operate a contractual retirement age must ensure there is an objectively justified reason for doing so.

Generally, most employees retire at 65 years of age many people continue working beyond this age. Retirement age is not the same as the State Pension age, which is currently 66.

A Code of Practice on Longer Working (SI No. 600 of 2017) provides best practice guidance to employers, employees and their representatives regarding engagement prior to retirement and managing employee requests to continue working beyond the employer’s contractual retirement age.

Key Points:

Employers must have a legitimate reason to justify the use of a contractual retirement age, such as;

Intergenerational fairness (allowing younger workers to progress);

Motivation and dynamism through the increased prospect of promotion;

Health and Safety (generally in more safety critical occupations);

Creation of a balanced age structure in the workforce;

Personal and professional dignity (avoiding capability issues with older employees); or

Succession planning.

It is good practice for an employer to notify an employee in writing of the intention to retire him/her on the contractual retirement date within 6-12 months of that date.

Employees wishing to work beyond retirement age must make the request no less than 3 months before the intended retirement date, to be followed up with a meeting between employer and employee. The employer must inform the employee of their decision as soon as is practical following the meeting.

If a request to work beyond the retirement age is approved for one employee, the employer should ensure that the employer retirement policies are then applied evenly and fairly in regard to any future employee requests for longer working.

Many employee contracts allow for early retirement from age 60, (or in some cases 55) and also on health grounds.

There is no set retirement age for the self-employed.

While there is no general age limit for company directors, a set upper age limit may be included as part of the company’s articles of association.

The retirement age for public sector employees depends on when they joined the public service. Public sector professions such as members of the Garda Síochána and Fire Service (Full-time and retained) have statutory retirement ages.
Where an employee’s performance does not meet the desired expectations, employers are increasingly using performance improvement plans (PIPs) to improve the management of poor work performance.

A PIP is a document detailing the ways in which an employee’s work performance may be falling short, and what steps are required to improve that performance.

Key Points:

A PIP is normally prepared by an employee’s manager or supervisor.

The PIP should be based upon a review of recent performance and include:

A defined timeline for achieving the required improvements.

Specific and measurable goals relevant to the employee’s performance.

Employer allocation of relevant resources and training to support achievement of goals.

Clearly communicated consequences if the results are not achieved.

A PIP should provide the employee with a clear outline of expectations, including specific goals and timelines for improvement.

PIPs are not a replacement for a formal disciplinary action, but a PIP can provide documentary evidence to demonstrate fair employer procedures were in place in the event a subsequent termination based upon competency is required.

Should an employee not demonstrate the required improvements following completion of the PIP process then an employer should initiate the organisation’s disciplinary procedure, which should be in line with the Code of Practice on Grievance and Disciplinary Procedures S.I. No. 146/2000.

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The Organisation of Working Time Act, 1997 sets out minimum rest break entitlements for employees. Key Points:

Employees are entitled to:

A daily rest period of 11 consecutive hours per 24-hour period

A weekly rest period of 24 consecutive hours per seven days, following a daily rest period

A 15-minute break where more than 4½ hours have been worked

A 30-minute break where more than 6 hours have been worked, which may include the first break.

The break should not be at the end of the working day.

Payment for break periods is not a statutory entitlement, and confirmation of paid or unpaid break periods should be set out in the employee’s terms and conditions (contract) of employment.

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The Organisation of Working Time Act, 1997 sets out minimum rest break entitlements for employees.

Key Points: