Best Hiring & Firing Lawyers in Cobh

About Hiring & Firing Law in Cobh, Ireland

Employment law in Cobh is the same as everywhere in Ireland, since these rules are set nationally. Whether you are hiring your first employee for a small cafe on the waterfront, staffing a hospitality or tourism business, or managing a larger operation linked to the Port of Cork, you must follow Irish employment legislation and Workplace Relations Commission guidance. Hiring and firing in Ireland is governed by a mix of statutes, codes of practice, and case law, and it expects fair procedures, clear documentation, and non discriminatory decision making at every stage of the employment relationship.

At hiring stage, employers must provide core written terms, respect equality rules, check the right to work, protect candidate data, and avoid misleading job offers. At termination stage, employers must have a fair reason and a fair process, give correct notice, and handle redundancy correctly. Employees have strong rights around pay, working time, leave, equality, dignity at work, and fair procedures, and they can enforce those rights through the Workplace Relations Commission and the Labour Court if issues arise.

Why You May Need a Lawyer

Employers in Cobh often seek advice to design compliant recruitment processes, draft contracts and handbooks, set probation periods, and implement policies on performance, discipline, grievances, equality, and data protection. Legal guidance is also common for handling poor performance or misconduct, managing sickness absence, carrying out restructurings and redundancies, addressing allegations such as bullying or harassment, responding to protected disclosures, and navigating transfers of business under TUPE rules. Advice can significantly reduce the risk of claims, reputational harm, and disruption to operations.

Employees frequently look for help to review a new contract, understand restrictive covenants, challenge unfair or discriminatory treatment in hiring, raise a grievance, respond to disciplinary action, verify redundancy selections and payments, evaluate a settlement agreement, or bring a claim to the Workplace Relations Commission. Time limits for claims are short, so early advice matters. A solicitor can assess options, preserve evidence, negotiate outcomes, and represent you in WRC or Labour Court proceedings.

Local Laws Overview

Terms of employment and probation. Employers must give a written statement of core terms within 5 days of starting and full terms within 1 month. The Transparent and Predictable Working Conditions rules limit probation for most private sector roles to 6 months, with proportionate extension for certain absences. Contracts should clearly set out role, place of work, working hours, pay, notice, probation, and policies.

Recruitment and equality. The Employment Equality Acts prohibit discrimination in hiring on nine grounds, which are gender, civil status, family status, sexual orientation, religion, age, disability, race including nationality, and membership of the Traveller community. Job adverts, interviews, and selection criteria must be objective and relevant to the role. Right to work checks are essential for all hires. Most non EEA nationals need an Employment Permit issued by the Department of Enterprise, Trade and Employment.

Pay, working time, and leave. Employers must pay at least the statutory minimum wage and comply with the Payment of Wages Act. The Organisation of Working Time Act sets limits on hours, rest breaks, Sunday premium where applicable, and a minimum of 4 weeks paid annual leave, with record keeping duties. Ireland has a statutory sick pay scheme that began in 2023 and is being phased in over several years. Check the current annual entitlement and daily cap, since the number of paid days increases over time under the scheme. Separate laws provide for maternity, paternity, adoptive, parents, carers, and other family related leave entitlements.

Data protection in hiring and employment. The GDPR and the Data Protection Act 2018 apply to candidate and employee data. Employers need a lawful basis to collect and process CVs, references, and vetting information, must inform candidates about processing, secure the data, and retain it only as long as necessary. Some vetting such as Garda vetting is role dependent and must be lawful and proportionate.

Discipline, performance, and dismissal. Dismissals must be both substantively fair and procedurally fair. The Unfair Dismissals Acts protect most employees with at least 12 months service, but there are important exceptions such as dismissals relating to equality, pregnancy, protected disclosures, and union membership, which can be challenged without 12 months service. Employers should follow the Code of Practice on Grievance and Disciplinary Procedures, which usually involves investigation, written notice of allegations, a hearing with the right to be accompanied, consideration of evidence, proportional sanctions, and a right of appeal. Gross misconduct can justify summary dismissal without notice, but a fair procedure is still expected.

Notice and pay in lieu. The Minimum Notice and Terms of Employment Acts set statutory minimum notice based on service length, from 1 week after 13 weeks service up to 8 weeks after 15 years. Contracts can provide more favourable notice. Payment in lieu or garden leave depends on what the contract allows or what is agreed.

Redundancy and restructuring. A genuine redundancy arises where roles are eliminated for business reasons rather than because of the person. Selection must be objective and fairly applied, consultation is required, and statutory redundancy payments are typically 2 weeks pay per year of service plus one additional week, subject to a weekly pay cap. Collective redundancy rules trigger consultation and notification duties where a set number of redundancies is proposed within 30 days, which includes at least 5 in an establishment of 20 to 49 employees, at least 10 in 50 to 99, at least 10 percent in 100 to 299, and at least 30 in 300 or more. Employers must notify the Minister for Enterprise, Trade and Employment and consult employee representatives in good time.

Lay off and short time. If an employee is placed on lay off or short time for certain periods and it is likely to continue, the employee may be able to trigger a redundancy payment by serving notice, subject to statutory conditions and exceptions.

Fixed term, part time, agency, and status. The law protects fixed term and part time workers from less favourable treatment, limits successive fixed term renewals without objective justification, and provides equal treatment for agency workers. Misclassifying employees as self employed can lead to significant liabilities. A code of practice helps determine employment status based on the reality of the working relationship.

Transfers of undertakings. On a business sale or outsourcing that amounts to a transfer of an undertaking, employees usually transfer to the new employer with their existing terms and continuity preserved. Employers must inform and, where appropriate, consult with representatives in advance.

Remote and flexible working. There is a statutory right to request remote working for all employees and to request flexible working for certain carers and parents, with a code of practice that sets out how requests should be made, considered, and responded to. Employers need fair, transparent criteria and timely responses.

Enforcement and time limits. Most individual employment disputes start with a complaint to the Workplace Relations Commission within 6 months of the issue, extendable to 12 months for reasonable cause. WRC decisions can be appealed to the Labour Court. The Health and Safety Authority enforces workplace safety obligations. The Data Protection Commission supervises data protection compliance. Settlement agreements are common and typically require the employee to take independent legal advice.

Frequently Asked Questions

What documents must a new hire receive and when

Within 5 days of starting, a new hire must receive core terms such as employer and employee identities, place of work, job title or nature of work, start date, expected duration if fixed term, pay and pay reference period, normal working day and week. Within 1 month the full written terms must be provided, including notice periods, probation, paid leave entitlements, sick pay arrangements, pension information where relevant, and disciplinary and grievance procedures.

Can an employer dismiss someone during probation

Yes, but the decision must still be lawful and procedurally fair. Many unfair dismissal claims require 12 months service, however dismissals linked to equality, pregnancy, protected disclosures, and other protected grounds can be challenged from day one. Probation is generally capped at 6 months for most private sector roles with limited scope to extend for certain absences. Employers should investigate any concerns, meet the employee, allow representation, and document decisions.

What makes a dismissal fair in Ireland

There must be a fair reason such as capability or performance, conduct, redundancy, qualification issues, or a statutory bar, and the employer must follow a fair process. That means investigating, putting allegations in writing, giving the employee a chance to respond at a disciplinary meeting, allowing representation by a colleague or union representative, considering alternatives such as warnings or training, and offering an appeal. Even in cases of alleged gross misconduct, a fair procedure is expected.

How much notice must be given on termination

Statutory minimum notice for employees after 13 weeks service starts at 1 week and increases with service up to 8 weeks after 15 years. Contracts can provide for longer notice. An employer can sometimes place the employee on garden leave or make a payment in lieu if the contract allows or the parties agree. Employees also owe notice to the employer as set out in the Acts or the contract.

What is statutory redundancy and how is it calculated

Statutory redundancy is a lump sum usually equal to 2 weeks pay per year of service plus one additional week, capped at a statutory weekly pay limit. It applies where there is a genuine redundancy and the employee has the required service, generally at least 104 weeks. Employers must also consult, apply objective selection criteria, give proper notice, and follow additional steps where collective redundancy thresholds are met.

Are trial shifts, unpaid internships, or volunteer arrangements lawful

Only genuine volunteering for a charity or similar can be unpaid. Most trial shifts and internships that involve doing real work must be paid at least the applicable minimum wage and comply with working time rules. Labels do not determine status, the reality of the arrangement does. Misclassifying a worker can lead to arrears of pay, taxes, and penalties.

Can we run background checks and request references

Background checks must be lawful, necessary, and proportionate. You need a clear legal basis under data protection law, you must tell candidates what you will check, and you should only collect information relevant to the role. Criminal record checks are restricted and Garda vetting is permitted only for certain positions. References should be accurate and not misleading. Keep recruitment data only for as long as needed and secure it appropriately.

What are my options if I am being made redundant

Ask for clear business reasons, the selection criteria, and your redundancy payment calculation. Consider whether alternatives such as redeployment were explored. Check your statutory redundancy entitlement and contractual entitlements. Where multiple redundancies are proposed, consultation and notification duties may apply. You can take legal advice before signing any settlement agreement and you should be given time to consider it.

How long do I have to bring an employment claim

Most claims to the Workplace Relations Commission must be filed within 6 months of the event, which can be extended to 12 months if there is reasonable cause for the delay. Different claims can have different triggers, for example the date of dismissal or the date of the discriminatory act. Act promptly and keep a timeline and documents to protect your position.

Are post termination restrictions like non compete clauses enforceable

They can be enforceable if they are no wider than reasonably necessary to protect legitimate business interests such as confidential information or customer connections. The scope, geography, and duration must be reasonable, and 6 to 12 months is a common range for senior roles. Non solicitation and confidentiality clauses are more readily enforced than broad non competes. Drafting and context matter, so both employers and employees should take advice.

Additional Resources

Workplace Relations Commission provides guidance, inspections, early resolution, mediation, adjudication, and a complaints process for most employment law issues.

Labour Court hears appeals from the Workplace Relations Commission and issues decisions and recommendations in industrial relations matters.

Department of Enterprise, Trade and Employment oversees employment permits, collective redundancy notifications, and employment policy.

Health and Safety Authority regulates workplace safety, including risk assessments, training, and accident reporting duties.

Data Protection Commission provides guidance and enforcement on GDPR and the Data Protection Act in recruitment and HR settings.

Irish Human Rights and Equality Commission offers information on equality rights and the public sector duty, with resources for employers and employees.

Citizens Information gives accessible explanations of employment rights and processes.

Cork Chamber of Commerce and the Local Enterprise Office for Cork City and Cork North and West support businesses with HR and compliance signposting.

Employer and employee representative bodies such as IBEC, ISME, and SIPTU provide sector specific guidance, training, and representation.

Next Steps

If you are an employer in Cobh, start by auditing your recruitment and HR documents. Ensure you issue 5 day core terms and full written terms on time, update contracts for probation, sick pay, and remote or flexible working requests, and check policies on discipline, grievances, equality, data protection, working time, and leave. Train managers on fair procedures and record keeping. Before any dismissal or redundancy, get advice on process, notice, consultation, and payments, and keep a clear paper trail.

If you are an employee, gather your contract, handbooks, emails, meeting notes, and payslips. Write a short chronology of events with dates, and raise concerns through the internal grievance process where appropriate. Do not sign a settlement agreement or resignation letter without legal advice. Diary the 6 month WRC time limit. If you have been invited to a disciplinary or consultation meeting, you can usually be accompanied by a colleague or union representative.

Whether you are hiring or contemplating termination, early legal guidance can prevent disputes and support fair, lawful decisions. A solicitor familiar with Irish employment law and with the realities of workplaces in Cobh and the wider Cork area can assess risks, plan the right process, and represent you in negotiations or before the Workplace Relations Commission and the Labour Court.