Best Employer Lawyers in Passage West

About Employer Law in Passage West, Ireland

Employment law in Passage West is governed by Irish national legislation and applies equally across all towns in County Cork. Whether you are an employer running a small business on Main Street or an employee working remotely from home, your rights and obligations come from Irish statutes, statutory instruments, and codes of practice. Disputes are generally handled by the Workplace Relations Commission, often with hearings scheduled in Cork city or nearby venues. This guide gives plain-English information to help you understand the essentials, identify issues early, and know when to seek legal advice. It is for information only and is not a substitute for legal advice tailored to your situation.

Why You May Need a Lawyer

You may benefit from legal support when any of the following arise:

Employment contracts and policies. Drafting or reviewing contracts, handbooks, probation clauses, restrictive covenants, confidentiality, and remote work policies. Clear documents reduce risk and cost later.

Hiring and immigration. Right to work checks, employment permits for non-EEA nationals, and onboarding practices that comply with equality law.

Performance, conduct, and dismissals. Managing underperformance, misconduct, capability issues, and dismissals. Errors in process frequently lead to claims for unfair dismissal or payment of wages.

Redundancy and restructuring. Collective and individual redundancy processes, selection criteria, consultation duties, and redundancy payments. Mistakes can invalidate dismissals and trigger liability.

Pay, hours, and leave. Disputes about minimum wage, holiday pay, rest breaks, working time, overtime, parental or other statutory leave, and sick pay obligations.

Discrimination, bullying, and harassment. Preventing and addressing complaints under the Employment Equality Acts, and conducting independent investigations consistent with codes of practice.

Health and safety. Risk assessments, accident claims, bullying-related stress claims, and compliance with the Safety, Health and Welfare at Work Act.

Data protection and monitoring. Handling employee data, CCTV or IT monitoring, subject access requests, and policy drafting under the GDPR and Irish data protection law.

Business transfers and reorganisations. Transfer of Undertakings law, due diligence, and information and consultation duties during mergers or service provision changes.

Dispute resolution. Preparing for Workplace Relations Commission or Labour Court hearings, mediation, settlement agreements, and enforcement of awards.

Local Laws Overview

Key Irish employment laws that apply in Passage West include:

Terms and transparency. Employers must provide core terms of employment within 5 days and full written terms within 2 months. The Employment (Miscellaneous Provisions) Act 2018 and EU rules on transparent and predictable working conditions limit the use of zero-hour style arrangements and set standards for probation and predictability.

Wages and records. The Payment of Wages Act 1991 requires lawful deductions and itemised payslips. Employers must keep accurate working time and pay records. The National Minimum Wage Act 2000 sets the minimum hourly rate. As of 2024 the adult national minimum wage is 12.70 euro per hour. Check the current rate before making decisions.

Working time and leave. The Organisation of Working Time Act 1997 limits average weekly hours to 48, sets rules on daily and weekly rest and paid annual leave, and deals with Sunday premium for certain work patterns. Parents leave, maternity leave, adoptive leave, paternity leave, and carer related leave are provided by specific statutes. Parents leave has been expanded over time, so check current entitlements.

Sick leave. Under the Sick Leave Act 2022, employers must provide statutory sick pay to eligible employees for a set number of days per year, increasing in phases. As of 2024 the statutory entitlement is 5 days per year. The planned increases are subject to change, so confirm the current requirement.

Equality and dignity at work. The Employment Equality Acts 1998 to 2015 prohibit discrimination on nine protected grounds, and require employers to prevent harassment and sexual harassment. The IHREC Code of Practice on Sexual Harassment and Harassment at Work and the 2021 Code of Practice on the Prevention and Resolution of Bullying at Work set practical standards for policies and investigations.

Dismissals and notice. The Unfair Dismissals Acts 1977 to 2015 protect employees with generally at least 12 months service, with exceptions for automatically unfair reasons such as trade union membership, protected disclosures, or equality grounds. The Minimum Notice and Terms of Employment Acts set statutory notice periods. Fair procedures are essential in any dismissal.

Redundancy. The Redundancy Payments Acts set rules for statutory redundancy and service thresholds. Collective redundancy triggers additional consultation and notification duties under the Protection of Employment Acts.

Protected disclosures. The Protected Disclosures legislation safeguards whistleblowers and prohibits penalisation for making a protected disclosure. Employers should maintain internal reporting channels and fair investigation processes.

Health and safety. The Safety, Health and Welfare at Work Act 2005 requires risk assessments, safety statements, training, and reporting of incidents. Personal injury claims from workplace accidents are generally subject to a 2 year time limit.

TUPE. The European Communities Regulations on Transfer of Undertakings protect employees when a business or service transfers. Employees transfer with their existing terms and associated rights.

Remote and flexible work. The Work Life Balance and Miscellaneous Provisions Act 2023 introduced the right to request remote working and flexible working for caring responsibilities, with a WRC Code of Practice issued in 2024. Employers must follow a fair process and respond within statutory timelines with clear business grounds where refusing.

Data protection. The GDPR and the Data Protection Act 2018 govern employee data, retention, monitoring, and subject access requests. Employers must have a lawful basis for processing and clear privacy notices.

Time limits. Most Workplace Relations Commission claims must be started within 6 months of the issue complained of, extendable to 12 months for reasonable cause. Acting promptly is critical.

Frequently Asked Questions

What employment law applies in Passage West?

Irish national employment law applies uniformly across Ireland. People in Passage West rely on the same statutes and codes as elsewhere, and disputes are typically filed with the Workplace Relations Commission. Hearings are often scheduled in Cork city or regional venues.

Do I need a written contract of employment?

Yes. Employers must provide core terms within 5 days and full written terms within 2 months. A well drafted contract clarifies hours, pay, duties, place of work including remote or hybrid, probation, notice, confidentiality, intellectual property, and post termination restrictions where appropriate.

How long do I have to bring a claim?

Most WRC complaints must be lodged within 6 months of the date of the alleged breach. In limited cases this can be extended to 12 months for reasonable cause. Personal injury claims from workplace accidents generally have a 2 year time limit. Get advice promptly to protect your position.

Can an employer dismiss an employee on probation?

Yes, but fair process still matters. While unfair dismissal protection usually requires 12 months service, dismissals on probation can still lead to claims such as discriminatory dismissal, penalisation for whistleblowing, or breach of contract. Follow the contract and a fair procedure with clear reasons and an opportunity to respond.

What counts as a fair redundancy?

A genuine redundancy must be driven by business needs, such as the closure of a role or restructuring. Employers must consult, use fair and objective selection criteria, consider alternatives, provide proper notice, and pay statutory redundancy where applicable. Collective redundancy adds information and consultation duties with set timelines.

What are my obligations for sick pay?

Under the Sick Leave Act 2022, employers must provide statutory sick pay to eligible employees for a specified number of days per year, subject to medical certification. The number of days has been increasing in phases. Confirm the current entitlement before making policy decisions and ensure your policy at least meets the statutory minimum.

What are the rules on hours, breaks, and holidays?

Employees are entitled to rest breaks and daily and weekly rest, and the average working week is capped at 48 hours over a reference period. Employees accrue paid annual leave based on hours worked. Employers must keep records and ensure rosters comply with the Organisation of Working Time Act.

How should I handle a grievance or disciplinary issue?

Use clear, written procedures that align with the WRC and Labour Court endorsed codes of practice. Give notice of allegations, provide relevant evidence, allow representation, hear the employee fairly, document decisions, and offer an appeal. In serious cases consider a neutral investigator to avoid bias.

Can employees request remote working?

Yes. Employees can make a request under the Work Life Balance and Miscellaneous Provisions Act 2023 and the WRC Code of Practice. Employers must follow a fair process, consider business needs, and give a reasoned written decision. If refusing, ensure the grounds are clear, consistent, and evidenced, and review at agreed intervals.

What are the main equality risks for employers?

Decisions on recruitment, pay, promotion, training, leave, and dismissal must not be based on any of the nine protected grounds, which include gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. Strong anti harassment policies, training, and swift, fair investigations are essential.

What is TUPE and when does it apply?

Transfer of Undertakings law applies when a business or service transfers to a new provider and retains its identity. Employees transfer automatically with their existing terms and with continuity of service preserved. Employers must inform and, where appropriate, consult with employees or their representatives in advance.

Additional Resources

Workplace Relations Commission. Information and complaint forms for most employment disputes, mediation and adjudication services, and codes of practice.

Labour Court. Appeals body for many WRC decisions and registration of agreements.

Health and Safety Authority. Guidance on safety statements, risk assessments, and accident reporting.

Data Protection Commission. Guidance on employee data, monitoring, and subject access requests.

Department of Enterprise, Trade and Employment. Policy and guidance on employment permits and employment law updates.

Department of Social Protection. Information on leave related benefits, such as maternity, paternity, and parents benefit.

Citizens Information. Plain language explanations of rights and entitlements for employees and employers.

Free Legal Advice Centres, FLAC. Independent information clinics and resources for individuals.

Legal Aid Board. Civil legal aid availability is limited for employment disputes, but check current criteria.

Local Enterprise Office Cork. Supports for small employers including HR and compliance training. Cork County Council business supports may also assist on local compliance matters.

Next Steps

Identify the issue clearly. Write down the key facts, dates, and the outcome you want. Note any approaching time limits, especially the 6 month window for most WRC claims.

Gather documents. Collect contracts, policies, payslips, rosters, correspondence, notes of meetings, medical certificates, and any witness details. Good records make or break a case.

Check current legal baselines. Minimum wage rates, sick pay days, and leave entitlements can change year to year. Verify the latest figures before taking action.

Seek early advice. A short consultation with an employment solicitor can prevent costly missteps. In the Passage West area, many firms in Cork city and County Cork handle employment matters and offer fixed fee or initial consultations.

Consider resolution options. Explore without prejudice discussions, mediation through the Workplace Relations Commission, or a structured internal process that follows your policies and relevant codes of practice.

Act consistently and fairly. For employers, follow your procedures, treat comparable cases alike, and document the rationale for decisions. For employees, use internal grievances where appropriate and keep communications professional.

File on time if needed. If settlement is not possible, prepare and lodge a WRC complaint or Labour Court appeal within the deadline. Ensure the correct legal basis is cited and the facts are set out clearly.

Protect confidentiality and wellbeing. Limit discussions to those who need to know, and seek support services where stress or health is affected.

This guide is general information. For advice tailored to your circumstances in Passage West or elsewhere in County Cork, consult an employment law solicitor or a qualified adviser.