Best Hiring & Firing Lawyers in Passage West

About Hiring & Firing Law in Passage West, Ireland

Hiring and firing in Passage West is governed by Irish national employment law, which applies uniformly across County Cork and the rest of the State. Whether you are a small business on the Main Street or a larger employer serving the wider Cork Harbour area, you must follow Irish statutes and official Codes of Practice that cover recruiting, contracts, working time, pay, leave, equality, privacy, workplace safety, and the procedures for ending employment. The core idea is simple but strict - treat employees lawfully and fairly, put clear terms in writing, and use fair procedures for any performance or conduct issues and any redundancies.

On the hiring side, employers must provide written terms, respect equality laws during recruitment, protect candidate data, check the right to work, and follow working time and pay rules from day one. On the firing side, employers must demonstrate a fair reason and fair process, pay proper notice and outstanding entitlements, and follow specific rules for probation, redundancy, collective redundancies, and transfers of undertakings. Employees who believe their rights were breached can usually complain to the Workplace Relations Commission within a short time limit.

Why You May Need a Lawyer

Employment law is detailed and time sensitive. A lawyer can help you avoid costly mistakes and resolve disputes quickly. Common situations where legal help is valuable include screening job ads for discrimination risk, designing application forms and interview scripts, drafting contracts, confidentiality clauses, and post-termination restrictions, setting up compliant probation, performance, grievance, and disciplinary procedures, handling investigations into misconduct, bullying, or harassment, managing sickness absence and reasonable accommodations for disability, deciding between performance management and redundancy and ensuring a fair selection process, calculating and documenting statutory and contractual payments on termination, managing data protection issues like CCTV, email monitoring, and retention of candidate CVs, dealing with whistleblowing and protected disclosures, responding to or pursuing Workplace Relations Commission or Labour Court claims, TUPE transfers when buying or selling a business, and negotiating exit and settlement agreements including tax treatment of ex gratia payments.

Local Laws Overview

Irish employment law sets the baseline for employers and employees in Passage West. Key points include the need to provide written terms promptly. Employers must give the 5 day core terms shortly after employment starts and a full written statement of terms within one month. The core terms include who the employer is, the place of work, job title or nature of work, the date employment starts, pay and pay reference period, expected duration if temporary, and normal working hours. Written probation terms should be clear and proportionate.

Working time and pay are regulated. The Organisation of Working Time Act sets rules on maximum weekly hours, rest breaks, night work, annual leave, and public holidays. The National Minimum Wage Act and sectoral wage agreements where applicable set minimum pay. The Payment of Wages Act requires transparency about pay and deductions and employees must receive details of their pay and any deductions each pay period.

Leave entitlements are significant. Employees build up paid annual leave and are entitled to public holiday benefits. There are statutory entitlements for maternity, paternity, parent’s leave, and parental leave, with social welfare benefits available in many cases. Statutory sick pay has been introduced on a phased basis and is increasing over time, with payment at a percentage of normal pay subject to a daily cap for a set number of days each year. The Work Life Balance and Miscellaneous Provisions Act created a right to request remote or flexible working in defined circumstances and the WRC has issued a Code of Practice on how requests should be handled.

Equality and non-discrimination are strictly enforced. The Employment Equality Acts prohibit discrimination on nine protected grounds in recruitment and during employment. Employers must provide reasonable accommodation for employees with disabilities where reasonable. Harassment and sexual harassment must be prevented and addressed using a clear Dignity at Work policy and fair procedures.

Right to work and vetting are important. Employers must verify that a new hire is permitted to work in Ireland. Non EEA and non Swiss nationals usually require an employment permit. Certain roles that involve work with children or vulnerable persons require Garda vetting under the National Vetting Bureau legislation.

Data protection applies to candidates and staff. The GDPR and the Data Protection Act 2018 require a lawful basis for processing, transparency through privacy notices, data minimisation, security, and respect for access rights. Background checks, monitoring, and CCTV must be proportionate and well signposted in policies. High risk monitoring may require a documented data protection impact assessment.

Discipline, performance, and grievances must be handled fairly. Use the WRC Code of Practice on Grievance and Disciplinary Procedures. Fair procedures normally include a clear allegation, advance notice, a fair hearing with the right to representation, an impartial decision maker, and a right of appeal.

Dismissals require both substantive and procedural fairness. The Unfair Dismissals Acts generally require at least 12 months service to bring a claim, but there are important exceptions for dismissals connected to discriminatory or penalisation reasons such as pregnancy, whistleblowing, trade union membership, or invoking statutory rights. Remedies can include compensation, reinstatement, or re engagement.

Redundancy must be genuine and fairly managed. Statutory redundancy pay is based on service and weekly pay, subject to a statutory cap. Collective redundancies trigger consultation and notification duties with minimum timelines depending on the number of employees affected. Selection criteria must be objective and fairly applied. Employees on lay off or short time for set periods may have a right to claim redundancy.

Transfers of undertakings TUPE protect employees when a business or service transfers. Terms and continuity of employment are preserved and both old and new employers have information and consultation duties.

Notice and final payments are mandatory. The Minimum Notice and Terms of Employment Acts set minimum employer notice based on service, up to eight weeks for long service. Employees must usually give at least one week. On termination, employers should pay outstanding wages, untaken accrued annual leave, public holiday entitlements, and any agreed bonuses or expenses.

Frequently Asked Questions

Do I need a written contract for every employee

Yes. Irish law requires employers to provide core terms within 5 days and a full written statement within one month. A comprehensive contract and an employee handbook will help you comply with working time, leave, performance management, confidentiality, and data protection obligations and will reduce disputes.

How long can probation last and can I dismiss during probation

Probation should be clearly set out in writing and be proportionate to the role. Under recent rules implementing the EU directive on transparent and predictable working conditions, probation normally should not exceed 6 months, with limited scope for a longer period in defined cases and proportionate treatment for fixed term roles. You can end employment during probation, but you must still act lawfully, follow fair procedures appropriate to the circumstances, and avoid any discriminatory or penalisation grounds.

What are fair reasons for dismissal

Common fair reasons include capability or performance, conduct or misconduct, redundancy, illegality where continuing the employment would be unlawful, and other substantial reasons. The employer must also follow a fair process. Even strong reasons can result in an unfair dismissal finding if procedures are not followed.

What is statutory redundancy pay

Statutory redundancy is payable where a genuine redundancy exists and the employee has the required service. It is calculated by reference to years of service and a capped weekly pay amount and includes a bonus week. Employers must consult, apply fair selection criteria, and keep records. Contractual or ex gratia enhancements are separate and should be documented carefully.

How do collective redundancies work for a Cork based employer

Collective redundancy duties are triggered when numbers reach statutory thresholds relative to the size of the establishment. Employers must inform and consult with employee representatives and notify the Minister for Enterprise before any dismissals take effect. There are minimum consultation periods and dismissal cannot take effect until those periods have run.

Can I use successive fixed term contracts

Fixed term employees have strong protections. The use of successive fixed term contracts is limited and after a defined period of continuous employment an employee may be entitled to a contract of indefinite duration unless there is objective justification. You must also provide a written statement of the objective grounds for any renewal.

What leave are employees entitled to

Employees build up paid annual leave and are entitled to public holiday benefits. There are statutory entitlements to maternity leave, paternity leave, parent’s leave, and parental leave, as well as carer’s and force majeure leave. Statutory sick pay has been phased in and increases over time, paid at a percentage of normal pay subject to a daily cap for a set number of days each year. Eligibility and notice rules apply to each leave type.

Can I monitor staff emails or use CCTV

Monitoring is allowed only where it is necessary, proportionate, and clearly explained in policies and privacy notices. CCTV requires signage and a legitimate purpose. Covert monitoring is rarely justified. You should carry out a data protection impact assessment for higher risk monitoring and avoid filming in areas where employees have a high expectation of privacy.

What are the time limits for bringing a claim

Most complaints to the Workplace Relations Commission must be filed within 6 months of the alleged breach. This can sometimes be extended to 12 months if there is reasonable cause for the delay. These limits are strictly applied, so act quickly if a dispute arises.

Are non compete clauses enforceable in Ireland

Restrictive covenants are enforceable only if they protect a legitimate business interest and are reasonable in duration, geography, and scope. Non solicitation and confidentiality clauses are often easier to enforce than broad non compete clauses. Draft restrictions carefully and review them when roles change to maintain enforceability.

Additional Resources

Workplace Relations Commission WRC - Information, mediation, inspection, Codes of Practice, and adjudication services for employment rights and industrial relations.

Labour Court - Appeals body for many WRC decisions and a forum for industrial relations matters.

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

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

Health and Safety Authority - Codes and guidance on workplace safety, bullying, stress, and risk assessments.

Irish Human Rights and Equality Commission - Guidance on equality, reasonable accommodation, and anti discrimination obligations.

Citizens Information - Plain language explanations of employment rights and how to start a WRC complaint.

Cork Local Enterprise Office - HR and compliance supports for SMEs, training, and mentoring in County Cork.

Trade unions and employer bodies - Practical support with workplace procedures, bargaining, and dispute resolution.

Qualified solicitors and HR consultants in County Cork - Advice on drafting, investigations, dismissals, redundancies, TUPE, and WRC representation.

Next Steps

If you need legal assistance, start by writing a clear timeline of events and collecting key documents such as job ads, interview records, the contract and any variations, the 5 day statement, the employee handbook and policies, probation or performance notes, emails and letters, minutes of meetings, payslips, timesheets, medical certificates, and any CCTV or monitoring notices. Preserve this material in case of a dispute.

Identify your objective. Employers should decide whether the issue is performance, conduct, restructuring, or something else and follow the appropriate policy. Employees should identify the right being asserted such as pay, equality, working time, leave, or unfair dismissal.

Act promptly. Many claims have a 6 month limit. Early advice often prevents escalation. Consider whether mediation is suitable.

Seek professional guidance. Contact a qualified employment solicitor or an experienced HR professional in County Cork. Trade union members should contact their union. For statutory complaints or inspections, engage with the Workplace Relations Commission and follow any Codes of Practice.

Implement or update documents. Put in place compliant contracts, a current handbook, and clear procedures. Train managers in fair procedures, equality, and data protection. Keep accurate records of hours, pay, leave, and decisions.

If you are proposing dismissals or redundancies, pause to check the legal steps, consult where required, and calculate notice, accrued leave, and any statutory redundancy. If you are exiting by agreement, record the terms in a settlement agreement and obtain legal and tax advice before signing.

This guide is general information, not legal advice. For a solution tailored to your situation in Passage West, take advice from a qualified professional without delay.