Best Employment Rights Lawyers in Cobh

About Employment Rights Law in Cobh, Ireland

Employment law in Ireland is largely national, so workers and employers in Cobh follow the same rules as the rest of the country. Day to day rights cover pay, hours, holidays, leave, equality, health and safety, and fair procedures in disciplinary action and dismissal. Most disputes are first handled by the Workplace Relations Commission, with appeals to the Labour Court. Courts can also handle certain contract claims and injunctions. Because Cobh has a mix of hospitality, retail, maritime, manufacturing, and public sector employers, issues commonly arise around rostering, tips, redundancy, equality, and working time.

This guide explains the essentials in clear terms so you can spot issues early, protect your position, and know when to seek professional help.

Why You May Need a Lawyer

You may benefit from legal advice in any of the following situations:

- You have been dismissed or are facing disciplinary action and want to ensure fair procedures and protect your reputation and income.

- You are selected for redundancy or your role is at risk and you want to check selection criteria, entitlements, and alternatives.

- You are experiencing discrimination, harassment, or victimisation at work and need guidance on internal processes and legal claims.

- Your employer has cut pay, changed hours, or altered duties without agreement and you want to understand your options.

- You have unpaid wages, holiday pay, commission, or tips, or there are unlawful deductions from your pay.

- You need help negotiating an exit package, a settlement agreement, or restrictive covenants after leaving.

- You are a whistleblower seeking protection under the Protected Disclosures legislation.

- You require reasonable accommodations related to disability, pregnancy, or health, or support with statutory sick leave.

- A transfer of business affects your contract and you need to understand TUPE protections.

- You are a non-EEA national or an employer dealing with employment permits and compliance.

Local Laws Overview

Contracts and core terms - You must receive core written terms within 5 days of starting, including employer and employee details, expected working hours, pay reference period, and probation. Full written terms must be provided within 1 month. These rules arise from the Employment (Information) Act and EU transparency regulations. Clauses should reflect the job, hours, and any flexibility provisions.

Probation - The Work Life Balance and Miscellaneous Provisions Act limits probation for most employees to 6 months, with limited extensions up to 12 months in exceptional cases. Fair process still applies on performance and conduct issues.

Pay and the national minimum wage - Employers must pay at least the national minimum wage unless an exemption applies. The rate is reviewed annually. As of 2024 the adult rate is 12.70 euro per hour. Always check the current rate for the year in question. The Payment of Wages Act protects against unlawful deductions and requires clear itemised payslips.

Tips and gratuities - The Payment of Wages (Tips and Gratuities) rules require tips to be distributed fairly, prohibit employers from using tips to make up basic pay, and require a tips policy to be communicated to staff. This is particularly relevant to hospitality roles common in Cobh.

Working time and rest - The Organisation of Working Time Act sets a 48 hour average weekly limit, daily rest of 11 consecutive hours, weekly rest of 24 hours plus daily rest, and rest breaks of 15 minutes after 4.5 hours and 30 minutes after 6 hours. Night work and Sunday premiums have specific rules. Records of hours must be kept by the employer.

Annual leave and public holidays - Full time employees are entitled to 4 working weeks of paid annual leave per leave year. Part time leave accrues based on hours worked. Leave continues to accrue during statutory leave and during certified sick leave, with carryover allowances where illness prevented taking leave.

Sick leave - Under the Sick Leave Act, statutory sick pay is being phased in over several years. The entitlement increases over time and is paid at 70 percent of normal pay, subject to a daily cap. As of 2024 employees are entitled to 5 days per year subject to medical certification, with planned increases in later years. Check the current annual entitlement for the year you are claiming.

Family leave - Key entitlements include 26 weeks maternity leave plus 16 weeks additional unpaid, 2 weeks paternity leave, adoptive leave, parental leave up to 26 weeks unpaid per child, parents leave with Parent’s Benefit payable subject to PRSI conditions, carer’s leave, and force majeure leave. Notice and documentation rules apply.

Equality and dignity at work - The Employment Equality Acts prohibit discrimination in employment on nine grounds: gender, civil status, family status, age, disability, sexual orientation, religion, race, and membership of the Traveller community. Harassment and sexual harassment are prohibited and employers must take steps to prevent and address them. Reasonable accommodations for disability are required unless disproportionate burden is shown.

Dismissal and redundancy - The Unfair Dismissals Acts require fair reasons and fair procedures. Typical fair reasons include conduct, capability, redundancy, and qualifications. Most employees need 12 months service to bring an unfair dismissal claim, with important exceptions for protected disclosures, certain equality claims, and other automatic unfair reasons. Statutory redundancy is normally 2 weeks pay per year of service plus a bonus week, subject to a statutory weekly cap, where the role genuinely ceases or diminishes. Collective redundancies trigger consultation duties.

Minimum notice - Statutory minimum notice from employer ranges from 1 week after 13 weeks service up to 8 weeks for long service. Employees must also give notice per contract or statute.

Transfers of undertakings - On a business transfer, employees usually transfer on existing terms under TUPE, with protection for continuity of service and consultation duties.

Health and safety - Employers must provide a safe workplace, risk assessments, and a safety statement under the Safety, Health and Welfare at Work Act. Bullying is a workplace hazard that must be addressed. Workers can raise concerns without penalisation.

Data protection and monitoring - Employers must process employee data lawfully and transparently, follow retention rules, and use proportionate monitoring. Employees have rights to access their data.

Enforcement and time limits - Most individual employment complaints go first to the Workplace Relations Commission. The general time limit is 6 months from the date of the breach, extendable to 12 months for reasonable cause. Appeals go to the Labour Court. Enforcement of decisions can be through the District Court or Circuit Court as appropriate.

Local practice in Cobh and County Cork - WRC hearings are often listed in Cork City. Mediation and conciliation services are available through the WRC for certain disputes. Local trade unions and employer bodies are active in hospitality, construction, healthcare, and manufacturing in the Cork region.

Frequently Asked Questions

What should I do first if I am dismissed or told to attend a disciplinary meeting

Stay calm, ask for the allegations and evidence in writing, and request to be accompanied to meetings if your policy allows. Keep detailed notes. You can request written reasons for dismissal. Do not resign without advice. There is a short time limit to bring a claim to the WRC, so seek guidance promptly.

Am I entitled to a written contract or statement of terms

Yes. You must receive core terms within 5 days of starting and full written terms within 1 month. If you have not received them, you can request them and you may be able to bring a claim for non-compliance.

Can my employer cut my pay or change my hours without my agreement

Material changes usually require your agreement unless your contract has a clear and reasonable flexibility clause used in a fair way. You may also have rights to banded hours if your average hours are consistently higher than your contracted hours. Get advice before accepting or refusing changes.

What is the minimum notice I should get if I am let go

Statutory minimum notice from the employer starts at 1 week after 13 weeks service and increases with service, up to 8 weeks for very long service. Your contract can provide more generous notice. Payment in lieu of notice may be used if allowed by contract or agreed.

How much annual leave do I get

Most full time employees get 4 working weeks per leave year. Part time workers accrue leave based on hours worked. You also have rights to public holidays. Employers should schedule leave fairly, taking business needs and your preferences into account.

What are my rights to sick pay

There is a statutory sick pay scheme with an entitlement that is increasing over several years, paid at 70 percent of normal pay up to a daily cap, subject to medical certification and service conditions. Many employers offer more generous contractual sick pay. Keep medical certificates and follow your employer’s sick leave policy.

What counts as discrimination or harassment at work

Discrimination is less favourable treatment connected to one of nine protected grounds: gender, civil status, family status, age, disability, sexual orientation, religion, race, or membership of the Traveller community. Harassment and sexual harassment are prohibited. Employers must prevent and address it once on notice.

What redundancy payment am I entitled to

If your role genuinely ceases or reduces and fair selection and consultation occur, statutory redundancy is usually 2 weeks pay per year of service plus a bonus week, subject to a statutory weekly cap. You may negotiate an ex gratia sum and other terms such as references and non-disparagement. Always check your service record and pay calculations.

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

Yes. The Work Life Balance legislation gives a right to request remote work and flexible working in certain circumstances. Employers must follow a process and give reasons for decisions. A WRC Code of Practice guides both sides. It is a right to request, not an automatic right to be granted, but decisions must be reasonable.

How do I bring a complaint and how long do I have

Use your employer’s grievance or dignity at work policy first where appropriate. If unresolved, you can lodge a complaint to the Workplace Relations Commission. The general time limit is 6 months from the issue, extendable to 12 months for reasonable cause. Keep evidence such as emails, rosters, payslips, contracts, and diary notes.

Additional Resources

Workplace Relations Commission - Information service, adjudication for most employment claims, inspection service, mediation and conciliation for disputes.

Labour Court - Appeals from WRC decisions and certain collective matters.

Health and Safety Authority - Guidance and enforcement on safety, bullying as a workplace hazard, and employer duties.

Data Protection Commission - Guidance on employee data, CCTV, monitoring, and subject access rights.

Citizens Information - Independent guidance on employment rights, income supports, and how to use the WRC process. Cork based centres can assist people in Cobh.

Legal Aid Board - Civil legal aid for eligible individuals in certain matters and mediation services. Check eligibility and scope.

FLAC - Free Legal Advice Clinics offering volunteer legal information sessions in Cork on a periodic basis.

Irish Human Rights and Equality Commission - Guidance on equality and reasonable accommodation, and assistance in strategic cases.

Trade unions in the Cork region - SIPTU, Fórsa, Mandate, Unite, INMO, and others offer representation and collective bargaining support.

Department of Enterprise, Trade and Employment - Employment permits and employer compliance for non-EEA workers.

Next Steps

- Write a clear timeline of events and gather documents: contract, handbooks, correspondence, rosters, payslips, medical certs, and notes of meetings.

- Use internal procedures first where safe to do so: grievance, dignity at work, or disciplinary processes. Keep communications professional and factual.

- Do not resign or sign any settlement agreement without independent legal advice. Resignation can affect claims and social welfare entitlements.

- Diary the WRC time limit: generally 6 months from the incident, potentially extendable to 12 months for reasonable cause.

- Consider early negotiation or mediation to resolve the issue efficiently. Ask about without prejudice discussions and agreed references.

- If you need help, contact a solicitor with employment law experience in County Cork, or seek assistance from a trade union or an advice body. Bring your documents and your timeline to the first meeting.

- Look after your wellbeing. If stress or health issues are involved, speak to your GP and follow medical advice. This can also support requests for reasonable accommodations.

This guide is for information only and is not a substitute for legal advice tailored to your situation. Laws and rates change, so check the current position before you act.