Best Employment Rights Lawyers in Carrigaline

About Employment Rights Law in Carrigaline, Ireland

Employment rights in Carrigaline operate under Irish national law and European Union derived standards. Whether you work in a small local business or a larger employer in nearby Cork, the same statutory protections apply. These laws set minimum standards for pay, hours, leave, equality, health and safety, and fair procedures in the workplace. Disputes are typically handled through the Workplace Relations Commission and the Labour Court, with the civil courts involved on points of law and certain claims.

This guide is for general information only, it is not legal advice. If you face a workplace issue, consider speaking with a qualified solicitor experienced in employment law in Carrigaline or County Cork.

Why You May Need a Lawyer

You may benefit from legal advice when you are offered a new contract or a change to your terms, especially where restrictive covenants, variable or zero hour arrangements, bonuses, commission, or probation clauses are involved.

Legal help is often needed for disciplinary processes, performance improvement plans, and workplace investigations, to ensure fair procedures and to protect your position while cooperating with the process.

Dismissals and redundancies frequently raise questions about notice, procedures, statutory redundancy, selection criteria, severance, and settlement agreements. Early advice can preserve your rights and improve outcomes.

Bullying, harassment, and discrimination claims can be complex. A lawyer can guide you on using internal grievance procedures, preserving evidence, engaging with occupational health, and bringing claims under equality and health and safety laws if needed.

Wage and working time issues are common, including unpaid wages or holiday pay, unlawful deductions, banded hours requests, breaks, and Sunday premium pay. Legal support can help you seek recovery and negotiate future compliance.

Other scenarios include transfers of employment under TUPE, whistleblowing protections, data protection and monitoring at work, remote and flexible working requests, and immigration or work permit related issues.

Local Laws Overview

Employment contracts and written terms are required. Employers must provide a written statement of core terms within 5 days of starting work and full terms within 1 month. Probation is generally capped at 6 months, with limited extensions in line with the Transparent and Predictable Working Conditions Regulations 2022.

Pay and deductions are governed by the Payment of Wages Act 1991. You are entitled to an itemised payslip and protection against unlawful deductions. A national minimum wage applies. As of 2024 the adult rate is 12.70 euro per hour, and rates are periodically reviewed, so check the current figure.

Working time and rest are set by the Organisation of Working Time Act 1997. The maximum average working week is 48 hours, subject to sectoral rules. You are entitled to daily and weekly rest, rest breaks during shifts, public holiday benefits, and at least 4 weeks of paid annual leave, with special accrual rules during sick leave.

Statutory sick leave was introduced under the Sick Leave Act 2022. The entitlement is being phased in over several years, with the number of paid sick days increasing from 2023 to 2026. Medical certification is required and rate of pay is set by law.

Family and caring leave includes maternity leave, adoptive leave, paternity leave, unpaid parental leave, paid parent’s leave, carer’s leave, force majeure leave, medical care leave, and paid domestic violence leave. Some leaves are paid by the Department of Social Protection and others are paid by the employer.

Equality and non discrimination are protected by the Employment Equality Acts. Discrimination, harassment, and victimisation related to the nine protected grounds are unlawful. Reasonable accommodation for employees with disabilities is required unless it imposes a disproportionate burden.

Dismissal and redundancy are regulated by the Unfair Dismissals Acts and Redundancy Payments Acts. Most employees gain unfair dismissal protection after 12 months service, with exceptions for automatically unfair reasons. Statutory redundancy is based on service and weekly pay, subject to a statutory cap.

Minimum notice periods are set by the Minimum Notice and Terms of Employment Acts. Depending on service length, statutory notice for employer termination ranges from 1 to 8 weeks, with separate rules on employee notice.

Variable and part time work is governed by the Employment Miscellaneous Provisions Act 2018, the Part Time Work Act 2001, and the Fixed Term Work Act 2003. After 12 months, eligible employees on variable hours can request a band of hours that reflects actual work patterns over the look back period.

Health and safety are covered by the Safety, Health and Welfare at Work Act 2005. Employers must provide a safe place of work, training, risk assessments, and policies on bullying and harassment, with a Code of Practice guiding employers and employees.

Whistleblowing is protected under the Protected Disclosures Act 2014 as amended. Workers who make protected disclosures are protected from penalisation and have access to internal and external reporting channels.

Transfers of undertakings are covered by TUPE regulations. When a business or part of a business transfers, employees usually transfer on their existing terms, and consultation obligations arise.

Data protection and monitoring at work are governed by the GDPR and the Data Protection Act 2018. Employers must have a lawful basis for processing employee data, provide transparency, and respect data subject rights.

Dispute resolution typically starts with internal procedures. External complaints go to the Workplace Relations Commission, with a 6 month time limit that can be extended to 12 months for reasonable cause. Appeals go to the Labour Court on a de novo basis, and points of law can go to the High Court.

Carrigaline is within County Cork, and while the laws are national, practical support is available locally, including citizens information services, trade union branches, and legal clinics in Cork city and county.

Frequently Asked Questions

What is the time limit to bring a claim to the Workplace Relations Commission

In most employment claims, including unfair dismissal, payment of wages, working time, and equality, the time limit is 6 months from the date of the issue complained of. The WRC can extend this to 12 months if you show reasonable cause for the delay. Act quickly and seek advice as soon as possible.

Am I entitled to a written contract in Ireland

Yes. You must receive a written statement of core terms within 5 days of starting work and full terms within 1 month. If you did not get this, you can raise it with your employer and ultimately make a complaint to the WRC.

How much annual leave am I entitled to

Most employees are entitled to at least 4 working weeks of paid annual leave per leave year, calculated based on hours worked. Public holiday entitlements are additional. Leave continues to accrue during certified sick leave and certain family leaves.

What counts as unfair dismissal

A dismissal may be unfair if there was no fair reason or no fair procedures. Fair reasons include conduct, capability, competence or qualifications, redundancy, or statutory restriction. Automatically unfair reasons include trade union activity or making a protected disclosure. Most workers need 12 months service to claim, with limited exceptions.

What is statutory redundancy and how is it calculated

Statutory redundancy generally provides two weeks pay for each year of service plus a bonus week, subject to a statutory weekly pay cap. You must have the required service and be dismissed by reason of genuine redundancy following fair consultation and selection procedures.

Can I request guaranteed hours if my roster varies

If your hours vary, after 12 months you can request placement in a band of hours that reflects your average worked hours over the look back period. Your employer should place you on the appropriate band unless there is no evidence to support it or a specific exception applies.

Do I have a right to remote or flexible work

There is a statutory right to request remote work and flexible working for caring purposes. Employers must follow the Code of Practice when considering requests and provide reasoned decisions. There is not an absolute right to work remotely, but employers must engage with requests properly.

What should I do if I experience bullying or harassment

Review your employer’s dignity at work and grievance policies, keep a written record of incidents, and consider raising the issue informally or formally in writing. For harassment related to a protected ground, you may have an equality claim. You can also seek advice from a solicitor or your trade union.

Can my employer make deductions from my wages

Deductions are only lawful if required by law, provided for in your contract, or agreed in writing in advance. Examples include tax and PRSI, pension contributions, or agreed deductions. Unauthorised deductions can be challenged under the Payment of Wages Act.

How are disputes handled in Carrigaline and County Cork

Start with your employer’s internal procedures. If not resolved, complaints usually go to the Workplace Relations Commission. Hearings are often scheduled in regional venues including Cork. Decisions can be appealed to the Labour Court. Many matters resolve through negotiation and settlement agreements before or during the process.

Additional Resources

Workplace Relations Commission information and adjudication services, including conciliation and mediation.

Labour Court for appeals from WRC decisions.

Health and Safety Authority for workplace safety guidance and enforcement.

Irish Human Rights and Equality Commission for equality and anti discrimination information and support.

Data Protection Commission for employee data protection rights and employer obligations.

Citizens Information Service in Cork city and county for free, confidential information on employment rights.

FLAC Free Legal Advice Centres clinics operating in Cork, which may offer volunteer legal advice sessions.

Trade unions with strong presence in Cork including SIPTU, Fórsa, Mandate, and Unite, which can provide representation and support.

Local solicitors in Carrigaline and County Cork who practice employment law and can provide tailored advice.

Next Steps

Write down a clear timeline of events, keep copies of contracts, policies, rosters, payslips, correspondence, and any notes of meetings. Preserve evidence, including screenshots and witness details.

Use your employer’s internal procedures promptly. Raise concerns in writing and follow the specified steps for grievances or appeals. Keep records of submissions and outcomes.

Check time limits. If a WRC claim may be needed, calculate the 6 month deadline and seek advice early to avoid missing it. Extensions are possible only in limited circumstances.

Seek professional advice. Contact a solicitor experienced in employment law in Carrigaline or Cork. If cost is a concern, consider Citizens Information or a FLAC clinic for initial guidance.

Consider resolution options. Many disputes resolve through without prejudice discussions, mediation, or a settlement agreement. Obtain legal advice before signing any waiver or severance package.

Look after your wellbeing. Workplace disputes can be stressful. Engage supports such as your GP, employee assistance programmes, or local support services while you address the legal issues.