Employment law disputes can be very difficult to navigate for both employers and employees, and both sides need to be aware of their rights and responsibilities when it comes to regulating a workplace. 

This area of Irish law can be very complex, but the purpose of employment law is to ensure that issues in the workplace are dealt with fairly and efficiently. 

Whether the situation concerns an unfair dismissal, redundancy, harassment, discrimination or more, you may want to enlist the help of an experienced solicitor for advice on how best to resolve conflict in the workplace. 

At O’Brien & Company Employment law Solicitors, our friendly and helpful team are experts in the field of employment law. 

If you want guidance on how to move forward with a legal case around employment law in Ireland, get in touch today for a full assessment.

What is Employment Law?

Employment law is the area of law that governs the relationship between employers and employees.

It provides a framework for dealing with conflicts at all levels of labour and employment – be it disputes concerning specific individuals or issues concerning trade unions and government institutions.

Our goal as employment law solicitors is to exercise employment law quickly and effectively so as to resolve any conflict and reach a fair outcome.

In Ireland, a number of legal acts provide specific regulations for employment law.

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O’Brien & Company Solicitors has a wealth of experience and a history of success in employment law cases.

What Acts Govern Employment Law in Ireland?

  • The Terms of Employment Acts 1994-2014 ensure employers must provide details to an employee so as to clarify the nature of their labour – details include a contract, job description, rate of pay and hours of work.
  • The General Data Protection Regulation 2018 is a privacy and security law that was drafted to protect your control over your own data.
  • The Employment (Miscellaneous Provisions) Act 2018 imposes a ban on zero-hour contracts and ensure employers provide minimum payments and banded hours.

You can read more about the acts that govern employment law on Citizens Information here

Employment Law for Employees

The first aspect of employment law for employees is defining the type of labour relevant to your contract. 

If you are hired as an independent contractor to provide a one-off service, your rights will not be as comprehensive as someone hired under a legitimate and established contract of service.

Many employment law disputes will centre around the rights of the employee being breached, and a workplace conflict ensuing. 

If you feel your rights as an employee have been infringed upon, you can get in touch with O’Brien & Company Solicitors today to find out if you have the basis for an employment law case.

What are the Rights of an Employee in Ireland?

In Ireland, an employee is entitled to a broad list of rights, including: 

  • A minimum wage of €11.30 per hour.
  • A maximum working week of forty-eight hours (or an average working week of forty-eight hours or less over a four-month period).
  • A contract within five days of starting in their job.
  • A payslip to accompany their wages.
  • A fifteen-minute break for every four and a half hours worked or a thirty-minute break every six hours worked.
  • Four weeks’ worth of paid annual leave per annum.
  • Equal treatment in the workplace regardless of your gender, age, race, sexual orientation, disability, family status, religious belief, civil status or membership of the travelling community.
  • Safety in the workplace and protection from violence, bullying or harassment.

This list does not cover the entirety of your rights as an Irish employee, and if you feel you need advice on navigating a workplace conflict you should contact our team today.

What Are My Employment Law Rights if I Lose My Job?

If you are dismissed from your job or made redundant, you still have certain rights that apply to your changing situation. 

For a start, your employer must pay you any outstanding wages you are owed for your labour and provide you with a payslip for that period. 

You should also receive pay for any annual leave you have not yet taken and, if you are asked not to work for your notice period, you should be compensated with wages for that time. 

The length of your notice period varies depending on the length of time you’ve spent in your job. 

If your job ceases to exist, you will likely be offered a redundancy package provided you have worked in that role for two years.

One of the major areas of employment law surrounds wrongful dismissals, but any breach of your employee rights may make you consider getting in touch with an employment law solicitor for help reaching a resolution. 

We believe it is vital employees familiarise themselves with employment law to understand their rights, entitlements and obligations. 

O’Brien & Company solicitors operate out of Dublin 7 and can assist clients with all manner of employment law cases around employee rights. 

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We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.

Employment Law for Employers

Navigating your business as an employer can be a tricky and arduous process, and you may find yourself seeking legal advice on how to handle different situations. 

Whether you are exploring the law around employment contracts or the implementation of different work policies, you may want to draw on legal experience and expertise. 

A lot of the employment law employers need to be familiar with centres around adhering to the Safety, Health and Welfare at Work Act 2005 in order to maintain a safe working environment for your employees. 

According to that act, some of the obligations of an employer are:

  • To maintain safe workplaces, machinery and equipment.
  • To provide appropriate health and safety training.
  • To minimise risks or threats to employees in the workplace.
  • To prevent improper conduct or harassment in the workplace.
  • To provide protective clothing and equipment to employees if necessary.

Does an Employer Need an Employment Law Solicitor?

For employers, much of the work an employment law solicitor can assist with is advice on how best to navigate regulations and relations in the workplace. 

A solicitor can negotiate on your behalf to resolve disputes at work or settle agreements quickly and discreetly. 

There is no obligation for an employer to hire a solicitor in Ireland, but it is seen as common practice in certain situations. 

If you are an employer and feel you could benefit from assistance on a legal matter, feel free to contact our team at O’Brien & Company Solicitors today. 

Types of Employment Law Cases

An employment law solicitor can help with all kinds of issues that impact employees or employers, but the following are some of the more common cases we can help with:

  • Wrongful Dismissal
  • Redundancy Packages
  • Harassment in the Workplace
  • Discrimination in the Workplace
  • Employment Contracts
  • Data and Privacy Law
  • Bullying in the Workplace

Wrongful Dismissal

If you feel you have lost your job on unsubstantial grounds, or that your employer did not follow due process in carrying out your dismissal, you may have the basis for a legal case for compensation. 

There are strict guidelines that must be followed when someone is dismissed from their role so that the process can be considered legally sound. 

At O’Brien & Company Solicitors, our team can offer expertise and experience on cases of constructive dismissal and unfair dismissal.

Redundancy Packages

Redundancy packages are offered to employees as compensation for their dismissal when a business is closing or reducing its number of staff. 

For both employees and employers, negotiations around redundancy can benefit from expert legal advice. 

Get in touch with O’Brien & Company Solicitors today for friendly and detailed advice on how to approach redundancy.

Harassment in the Workplace

Verbal and physical harassment in the workplace is strictly prohibited under Irish law and employees are protected under the Employment Equality Acts 1998-2015. 

Harassment is unwanted conduct that relates to discriminatory grounds, and it can constitute a wide range of incidents. 

If you feel you have been harassed at work, get in touch with an employment law solicitor for advice on how to pursue a legal remedy. 

Discrimination in the Workplace

Discrimination in Irish law is defined as unfavourable treatment directed towards someone on the grounds of their age, gender, race, religion, disability, sexual orientation or membership of the traveller community. 

One of the functions of employment law is to protect workers from suffering discrimination in their place of work. 

If you are the victim of discrimination in the workplace, you may have grounds for a legal case.

Employment Contracts

Whether you are drawing up a new contract or dealing with a breach of an existing document, our team can advise you on how to navigate employment contracts. 

Contract law can be dense and complex, so finding an experienced solicitor to guide you through proceedings can be a major help.

Data and Privacy Law

Though you might not initially expect them to be, data and privacy regulations are a major part of employment law.

Across the EU, the General Data Protection Regulation (GDPR) places restrictions on employers in how to collect, protect and use the personal data of their employees. 

If you are concerned about how your data is being managed or want clarity on how to install proper privacy protocol in the workplace, consider getting advice from an employment law solicitor.

Bullying in the Workplace

Similar to harassment, bullying can reveal itself in a wide variety of incidents in your working environment. 

If you are the victim of bullying in the workplace, you may have grounds for a case.

Speak With an Employment Law Solicitor Today

If you want advice on how to approach an employment law dispute, get in touch with O’Brien & Company Solicitors today.

Our team boast huge experience and knowledge of all cases surrounding employment law in Ireland, and they are on hand to guide you with your issue.

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in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.