Best Hiring & Firing Lawyers in Kilkenny

About Hiring & Firing Law in Kilkenny, Ireland

Hiring and firing law in Kilkenny sits within the national employment law framework of Ireland. Whether you are an employer or an employee, the same legislation and dispute-resolution bodies apply across the country. Key practical points are that employers must follow statutory rules and fair procedures when hiring, managing and dismissing staff. Employees have rights around written terms of employment, notice, protection from unfair dismissal and from discrimination. If disagreements cannot be resolved locally they are usually dealt with through the Workplace Relations Commission and, on appeal, the Labour Court.

Why You May Need a Lawyer

You may want a lawyer if you need help understanding your rights, preparing or responding to dismissal letters, negotiating redundancy terms, or bringing or defending a claim. Specialist legal advice is particularly valuable where the situation is complex, stressful or high risk - for example if the dismissal could be unfair, discriminatory or involve protected disclosures. A lawyer can review contracts and policies, advise on evidence and time limits, represent you at mediation or adjudication, and negotiate settlement agreements.

Typical situations where people need a lawyer include:

- Unexpected dismissal with unclear reasons.

- A redundancy process that appears unfair or that lacked proper consultation.

- Allegations of misconduct that could lead to dismissal.

- Claims of discrimination, harassment or whistleblowing-related dismissal.

- Settlement agreement negotiations or requests for settlement offers.

Local Laws Overview

The main legal areas that affect hiring and firing in Kilkenny are national statutes and regulations. The most relevant topics are:

- Unfair dismissal - Employers must have a fair reason for dismissing an employee and must follow a fair procedure. Employees generally need a qualifying period of service to bring a statutory unfair dismissal claim, although exceptions apply for certain automatically unfair reasons.

- Redundancy - Redundancy is a potentially fair reason for dismissal when genuine business needs require a role to be eliminated. Employers must follow consultation and selection procedures and statutory redundancy payment rules may apply for eligible employees.

- Discrimination and equality - The Employment Equality Acts prohibit discrimination on a number of protected grounds. Dismissal or disciplinary treatment based on a protected characteristic can be unlawful regardless of length of service.

- Terms of employment and notice - Employers must provide written core terms of employment within the statutory timeframes. There are statutory minimum notice obligations and contractual notice can be more generous - the greater of the two applies.

- Procedure and documentation - Proper records, disciplinary processes, investigation notes, meeting records and written communications are important evidence if a dispute arises.

- Workplace Relations Commission and Labour Court - Most employment disputes are dealt with by the Workplace Relations Commission for mediation, adjudication and inspection. Decisions can be appealed to the Labour Court in specific circumstances.

- Protected disclosures - Employees who make protected disclosures about wrongdoing have specific protections against detrimental treatment and dismissal under the Protected Disclosures legislation.

Frequently Asked Questions

Am I entitled to a written statement of my terms of employment?

Yes. Employers are required to provide core written terms of employment within a statutory timeframe after the start date. These terms cover items such as job title, pay, hours, notice periods and the place of work. If your employer has not given you written terms you can ask for them and seek advice if they are not provided.

How much notice do I have to give or receive before my employment ends?

Notice requirements depend on your contract and statutory minimums. Your contract may set out a notice period; if the contract is silent or provides less than the statutory minimum then the statutory minimum applies. In disputes it is often important to check both the contract and statutory rules, and to seek advice if notice is not being respected.

Can I bring an unfair dismissal claim immediately after being dismissed?

In most cases employees must have a qualifying period of continuous service before bringing a statutory unfair dismissal claim. There are key exceptions - dismissals for discriminatory reasons, certain automatically unfair reasons and protected disclosures can be brought without meeting a qualifying period. Time limits apply for bringing claims to the Workplace Relations Commission, so seek advice promptly.

What counts as a fair reason for dismissal?

Common fair reasons include capability or competence, conduct, redundancy, and situations where continuing the employment would be illegal. Employers must act reasonably in selecting a reason and follow a fair procedure - giving the employee notice of concerns, an opportunity to respond, and an opportunity to appeal where appropriate.

What should I do if my employer says I am being made redundant?

If you are told you are at risk of redundancy ask for the business rationale and the selection criteria. Employers should consult with affected employees and consider alternatives to redundancy. Check whether you qualify for statutory redundancy payments and whether the employer has followed proper consultation and selection procedures. If you are unsure the quickest step is to request further information in writing and get legal advice.

What is a settlement agreement and should I sign one?

A settlement agreement is a legally binding contract that resolves an employment dispute, often in return for a payment. Signing one usually means you give up the right to pursue a claim on the matters covered. Do not sign a settlement agreement without reading it carefully and, if possible, getting independent legal advice to understand the financial, tax and employment consequences.

Can I be dismissed for raising a health and safety concern or whistleblowing?

Employees who make protected disclosures or raise certain health and safety concerns are protected from dismissal and other forms of detrimental treatment. If you believe you are being penalised for raising legitimate concerns, keep records of your communications and seek legal advice quickly.

What evidence should I keep if I think my dismissal was unfair?

Keep copies of your contract, payslips, written terms, emails and letters about the dismissal, notes of meetings, any disciplinary notices, witness names and any correspondence with the employer. Detailed contemporaneous notes of phone calls and meetings can also be important evidence.

How long do I have to bring a claim and where do I bring it?

There are strict time limits for employment claims. Many claims should be brought to the Workplace Relations Commission - often within six months of the date of dismissal or the act complained of. Some procedural extensions may be available in limited circumstances. Contact the Workplace Relations Commission or a solicitor early to check deadlines.

Do I need a solicitor or can I use the Workplace Relations Commission alone?

You can use the Workplace Relations Commission and represent yourself at mediation or adjudication, and many people do so. However, where the facts are complex, potential compensation is significant, or legal interpretation is required, a solicitor or employment law adviser can improve outcomes, help with documentation, represent you in hearings and negotiate settlements.

Additional Resources

Workplace Relations Commission - national body for advice, mediation and adjudication on employment disputes.

Labour Court - appellate body for certain employment decisions.

Citizens Information - independent general guidance on employment rights and procedures.

Department of Enterprise - guidance on employment law and government policy.

Redundancy Payments Section and Department of Social Protection - information on state redundancy and insolvency payments and eligibility.

Law Society of Ireland - for finding a qualified solicitor with employment law experience in Kilkenny.

Local trade unions - unions such as SIPTU, Fórsa, Unite and others provide representation and advice to members in workplace disputes.

Kilkenny Citizens Information Centre - local advice and signposting for people in the county.

Next Steps

1. Gather documentary evidence - contract, payslips, written terms, emails, meeting notes and any disciplinary records.

2. Check time limits - if you think you have a claim, contact the Workplace Relations Commission or a solicitor right away to confirm deadlines.

3. Try internal resolution - use your employer's grievance or appeal procedures if appropriate, and keep records of all communications.

4. Seek specialist advice - talk to an employment solicitor for a confidential assessment of the strengths and weaknesses of your case and advice on options such as mediation, adjudication or settlement negotiations.

5. Consider costs and outcomes - ask about likely timelines, costs and potential remedies so you can make an informed decision about pursuing a claim or negotiating a settlement.

6. Keep a clear record - continue to keep contemporaneous notes of any further developments and copy important correspondence to a safe place.

If you are in doubt, get early legal advice - prompt action preserves rights, keeps options open and helps you make the best decision for your circumstances.