Best Employment & Labor Lawyers in Cobh

About Employment & Labor Law in Cobh, Ireland

Employment and labor law in Cobh is governed by national Irish legislation and EU derived regulations, applied locally across County Cork. Most workplace disputes are handled first by the Workplace Relations Commission, with appeals to the Labour Court. Hearings are often scheduled in Cork city, which is the main venue serving the Cobh area. Whether you work in tourism, hospitality, maritime services, manufacturing, retail, healthcare, or public services, the same core Irish employment rules apply to your contract, pay, hours, leave, equality, safety, and termination.

Ireland has a specialist system for employment disputes that is designed to be accessible without a court case. Many issues can be resolved through internal procedures, mediation, WRC conciliation, or formal WRC adjudication. Trade unions have a significant presence in County Cork, and collective representation can be relevant in many local workplaces.

This guide gives practical information to help you understand your rights and options. It is general information, not legal advice for your specific situation.

Why You May Need a Lawyer

You may need tailored legal advice if you have been dismissed or are facing disciplinary action. A lawyer can assess unfair dismissal claims, constructive dismissal situations where you felt forced to resign, and urgent injunctions in limited cases such as alleged breaches of fair procedures or contractual rights.

Redundancy situations often benefit from legal input, especially where selection, consultation, or payments are disputed, or where a collective redundancy is proposed. Advice can also be vital if your employer is selling or transferring the business and TUPE rights may apply.

Pay and benefits disputes are common. These include non payment of wages, unpaid overtime or holiday pay, tips and service charge distribution, commission plans, bonuses, and unlawful deductions. A lawyer can help quantify loss, preserve evidence, and pursue a claim within strict time limits.

Working time and leave issues can require advice, including maximum weekly hours, rest breaks, night work, annual leave, family leave such as maternity, paternity, parents, and parental leave, and the statutory sick pay regime.

Equality and dignity at work matters are often sensitive. Legal help can assist with discrimination, harassment, sexual harassment, failure to provide reasonable accommodation for disability, equal pay, and victimisation after raising concerns.

Workplace change and flexibility requests may need guidance, such as the right to request remote work or flexible working, banded hours for variable work, changes to terms, or demotion. Immigration and work permit queries also arise for non EEA workers.

Health and safety concerns, stress at work, or retaliation after whistleblowing can require urgent advice to protect your position and to make protected disclosures in the prescribed way.

Local Laws Overview

Core contract and pay rules: Employers must give you core written terms within 5 days of starting and full written terms within 1 month. There is a statutory minimum wage reviewed annually. Employers must provide itemised payslips and cannot make deductions unless allowed by law or agreed. Tips and gratuities in hospitality must be passed to staff in line with a clear tips policy.

Working time and leave: The maximum average working week is 48 hours, subject to limited exceptions. You are entitled to rest breaks, usually 15 minutes after 4.5 hours and 30 minutes after 6 hours, daily rest of 11 hours, and weekly rest. Paid annual leave is at least 4 working weeks per leave year, with additional public holiday entitlements. Variable hours workers can seek a band of hours reflecting actual work patterns after a reference period.

Statutory sick pay: Employers must provide statutory sick pay to eligible employees who are ill and have the required service and medical certification. The number of paid sick days has been phased in and increases again in 2025. Payment is a percentage of normal pay up to a daily cap set by law.

Family, care, and work life balance: There are statutory schemes for maternity, paternity, adoptive, parents, and parental leave. There are rights to request remote work and flexible working for certain categories, with a Code of Practice guiding employers and employees on how to handle requests and appeals.

Equality and dignity at work: Discrimination is prohibited on nine protected grounds, including gender, civil status, family status, sexual orientation, religion, age, disability, race including nationality and ethnic or national origins, and membership of the Traveller community. Equal pay for like work is required. Employers must prevent harassment and sexual harassment and must consider reasonable accommodation for disability.

Health and safety: Employers must provide a safe place of work, perform risk assessments, and maintain a written safety statement. Employees have duties to cooperate with safety measures and may stop unsafe work in defined circumstances.

Unfair dismissal and notice: Dismissals must be substantively fair and follow fair procedures. A general 12 months service is needed for unfair dismissal claims, with important exceptions such as dismissal related to equality, pregnancy, union membership, making a protected disclosure, or asserting statutory rights. Minimum statutory notice periods apply based on service length.

Redundancy: Statutory redundancy pay is based on reckonable service using a formula of weeks per year of service plus a bonus week, subject to a weekly pay cap set by law. Employers must consult in advance and, in collective redundancies, must consult employee representatives and notify the Minister within statutory timelines.

Transfers of undertakings TUPE: When a business or part of a business transfers, employees generally transfer automatically with continuity of service and existing terms protected, and there are consultation duties.

Enforcement and forums: Most claims start with the Workplace Relations Commission. Deadlines are usually 6 months from the event, extendable to 12 months for reasonable cause. Appeals are to the Labour Court within 42 days. WRC decisions can be enforced through the courts. Personal injury from workplace accidents is separate and follows different procedures and time limits.

Frequently Asked Questions

Who handles employment disputes for people living or working in Cobh

Most disputes are handled by the Workplace Relations Commission, with appeals to the Labour Court. Hearings are usually scheduled in regional venues such as Cork city. Some urgent matters, like seeking an injunction to restrain a dismissal during an ongoing process, can go to the civil courts. Health and safety enforcement is carried out by the Health and Safety Authority.

What time limits apply to bring a workplace claim

Most WRC complaints must be filed within 6 months of the alleged breach. The WRC can extend to 12 months if you show reasonable cause for the delay. Equality and payment of wages claims follow the same general timeline. Different limits can apply for personal injury claims or judicial review, so take advice as soon as possible.

Do I need 12 months service to claim unfair dismissal

Usually yes, but there are important exceptions. You can bring an unfair dismissal claim without 12 months service if the dismissal relates to protected grounds such as pregnancy or equality issues, trade union membership, making a protected disclosure, or asserting a statutory right. You can also challenge dismissals in the civil courts in limited cases involving contractual or fair procedures breaches.

Can I be dismissed during probation

Probationary employees have fewer protections under the unfair dismissal regime, but dismissals must still respect equality law and basic fair procedures. The length of probation is regulated, with typical caps and pauses for certain leave. If you are dismissed during probation, you can still pursue claims such as discrimination, whistleblowing retaliation, pay issues, or breach of contract.

What are my rights to hours, rest breaks, and holidays

The average weekly limit is 48 hours. You are entitled to 11 hours daily rest, weekly rest, and breaks during the day. Paid annual leave is at least 4 working weeks, calculated under statutory methods for variable hours. There are public holiday entitlements each year. If your actual hours are higher than your contract for a sustained period, you can request a band of hours to reflect reality.

Am I entitled to statutory sick pay

Yes, subject to eligibility such as minimum service and medical certification. Statutory sick pay is paid by the employer for a set number of days per year that has been increasing in phases and reaches a higher level in 2025. The daily payment is a percentage of normal pay up to a legal cap. Social welfare illness benefits may also be available depending on PRSI contributions.

What counts as discrimination at work and how do I bring a claim

Discrimination includes less favourable treatment on nine protected grounds, harassment and sexual harassment, failure to provide reasonable accommodation for disability, and unequal pay for like work. Claims are brought to the WRC, usually within 6 months of the act. You should keep records, follow internal grievance procedures where appropriate, and consider seeking advice before filing.

What are my rights if I am being made redundant

You have rights to information, consultation, notice, and in many cases statutory redundancy pay based on your service and capped weekly pay. Selection must be fair and objective. In collective redundancy situations, there are strict consultation duties and timelines, and the Minister must be notified before dismissals take effect. If the role still exists or a fair process was not followed, you may have an unfair dismissal claim.

Do I have a right to request remote work or flexible working

Yes. There is a statutory right to request remote work and, for certain parents and carers, to request flexible working. A Code of Practice sets out how to make and respond to requests, timelines, grounds to refuse, and how to appeal internally. You can bring a process based complaint to the WRC if the employer does not follow the required procedures.

What happens to my job if the business is sold or transferred

Under TUPE, your employment generally transfers automatically to the new employer with your existing terms and continuity of service preserved. Both the outgoing and incoming employer must inform and, where appropriate, consult with staff representatives. Dismissals connected to the transfer are restricted and can be challenged.

What can I do if my wages are short, my tips are withheld, or there are deductions I did not agree to

The Payment of Wages rules prohibit unlawful deductions and require employers to pass tips and service charges to staff in line with a clear written policy. Raise the issue promptly in writing, keep copies of rosters and payslips, and use the grievance procedure. If not resolved, you can file a WRC complaint within 6 months. Interest and compensation can be awarded where appropriate.

Additional Resources

Workplace Relations Commission WRC - Information, inspection, mediation, conciliation, and adjudication of employment rights disputes.

Labour Court - Appeals from WRC decisions and resolution of certain collective disputes.

Department of Enterprise, Trade and Employment - Policy and guidance on employment rights, collective redundancies, and employment permits.

Department of Social Protection - Payments such as jobseeker supports, redundancy related rebates in limited cases, maternity and paternity benefits, and illness benefits.

Health and Safety Authority HSA - Guidance, inspections, and enforcement on workplace safety and health.

Data Protection Commission - Guidance and complaints regarding workplace data and privacy rights.

Citizens Information - Plain English guidance on employment rights and local contact points in County Cork.

Legal Aid Board - Civil legal advice and aid in limited employment related matters and general legal advice, subject to eligibility.

FLAC Free Legal Advice Centres - Free volunteer legal advice clinics, including services in Cork.

Trade unions such as SIPTU, Fórsa, and Mandate - Representation, collective bargaining, and support for members in workplace issues.

Next Steps

1. Act quickly. Note the 6 month time limit for most WRC complaints, with a possible extension to 12 months for reasonable cause. Equality and pay claims usually follow the same timelines.

2. Gather documents. Collect your contract, any handbook or policy, roster and timesheets, payslips, P60 or employment details summary, emails, messages, meeting notes, and medical certificates if relevant.

3. Write a clear timeline. Set out key dates and events, who said what, and copies of any warnings, grievances, or investigation reports. Keep communications professional and in writing where possible.

4. Use internal procedures. Follow your employer’s grievance or dignity at work policy, or disciplinary appeal routes. Procedural steps can affect outcomes and awards.

5. Seek advice early. A local solicitor, a trade union official, Citizens Information, or a specialist adviser can assess options, including informal resolution, mediation, or filing a WRC complaint.

6. Consider protective steps. If you are off sick, obtain medical certification. If you are a whistleblower, take advice before disclosing and use designated channels so that protected disclosure laws apply.

7. Calculate your claim. For pay issues, prepare a schedule showing hours worked, rates, unpaid amounts, and tips or commissions due. For unfair dismissal, consider losses and efforts to mitigate by seeking new work.

8. File the complaint correctly. WRC complaints are made on prescribed forms. You will receive directions for submissions and hearing dates. Mediation may be offered.

9. Prepare for hearing. Organise your documents, witness list, and a brief written submission referencing the relevant Acts. You can represent yourself, use a representative, or instruct a lawyer.

10. After a decision. If successful, ensure compliance or take enforcement steps. If not satisfied, take advice promptly on appealing to the Labour Court within 42 days or on other remedies.

This guide is for information only. For advice on your specific circumstances in Cobh or County Cork, consult a qualified employment law solicitor or an experienced representative.