Best Hiring & Firing Lawyers in Passage West

About Hiring & Firing Law in Passage West, Ireland

Hiring and firing in Passage West operates under Irish national employment law. Whether you are a small local employer or an employee working in retail, services, logistics, maritime, or professional roles common in County Cork, the same statutes, codes of practice, and enforcement bodies apply. The law sets clear rules on written terms of employment, fair recruitment, working time, pay, equality, health and safety, data protection, and the processes that must be followed when ending employment. Disputes are generally handled by the Workplace Relations Commission and, on appeal, the Labour Court. Local practice in Passage West reflects national standards, and hearings are commonly scheduled in Cork City for convenience.

Why You May Need a Lawyer

Employment issues often arise quickly and can carry legal, financial, and reputational risk. A lawyer can help you prevent problems and resolve them early. Employers commonly seek advice on compliant job adverts and interviews, drafting contracts for permanent, fixed term, and part time staff, right to work and employment permit checks, onboarding documents and policies, and data protection during recruitment and vetting. During employment, legal support is useful for performance management, sickness absence, disability accommodations, family leave, remote and flexible work requests, health and safety duties, bullying and harassment investigations, and implementing fair disciplinary or grievance procedures. On termination, lawyers are frequently engaged for redundancies and restructuring, selection criteria and consultation, settlement agreements, restrictive covenants, confidentiality, and protecting intellectual property. Employees often need advice on unfair dismissal, constructive dismissal, redundancy entitlements, discrimination, equal pay, whistleblowing, pay disputes, working time breaches, and how to bring or defend a Workplace Relations Commission claim within strict time limits.

Local Laws Overview

The following Irish laws and rules are particularly relevant when hiring or firing in Passage West.

Recruitment and onboarding. The Employment Equality Acts prohibit discrimination in job adverts, selection, and terms on nine protected grounds, including gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. The Transparent and Predictable Working Conditions Regulations require employers to give core terms within 5 days of starting work and full written terms within 1 month for new hires. Zero hours contracts are largely restricted and banded hours rules apply where actual hours regularly exceed the contract. Employers must verify the right to work and, where needed, secure an employment permit under the Employment Permits Acts. Certain roles require Garda vetting. Personal data collected at hiring must comply with the Data Protection Act and GDPR principles of transparency, minimisation, and security.

Contracts, pay, and working time. Written terms should cover role, place of work, hours, pay method and frequency, probation, notice, policies, and any post termination restrictions. The Minimum Notice and Terms of Employment Acts set notice obligations. The Payment of Wages Act governs lawful deductions and payslips. The Organisation of Working Time Act sets maximum weekly hours averaged over reference periods, daily and weekly rest, rest breaks, annual leave, and public holidays. Family and caring leave entitlements arise under maternity, paternity, parent’s leave, parental leave, adoptive leave, and carer’s leave legislation. Statutory sick leave applies under the Sick Leave Act, with the number of paid days increasing over time and rising again in 2025. Health and safety duties arise under the Safety, Health and Welfare at Work Act, including carrying out risk assessments and having a written safety statement.

Probation and status. Probation should be proportionate and is generally limited, with extensions only on objective grounds. Employees on probation still have core statutory rights. Fixed term and part time employees are protected against less favourable treatment, and successive fixed term renewals beyond set limits can lead to a contract of indefinite duration unless objectively justified. Agency workers have equal treatment rights for basic working and employment conditions.

Remote and flexible work. The Work Life Balance and Miscellaneous Provisions Act created a framework for employees to request remote work and flexible working in defined circumstances, supported by a Workplace Relations Commission Code of Practice. Employers should follow a transparent process, consider requests on their merits, and give reasoned decisions.

Discipline and grievances. Fair procedures are essential. The Code of Practice on Grievance and Disciplinary Procedures expects clear steps, adequate notice of issues, the right to representation, and an impartial decision with an appeal. Records of meetings and decisions should be kept carefully and in line with data protection rules.

Dismissals. The Unfair Dismissals Acts require both a fair reason and a fair process, except in limited circumstances. Potentially fair reasons include conduct, capability, competence or qualifications, redundancy, and other substantial grounds. Automatic or prohibited reasons include pregnancy, trade union membership, protected disclosure, and asserting statutory rights. Employees usually need 12 months service to bring a standard unfair dismissal claim, but exceptions apply for prohibited reasons. Minimum statutory notice depends on length of service; payment in lieu or garden leave must align with contract. Constructive dismissal can arise if an employer fundamentally breaches the contract or fails to address a serious grievance.

Redundancy and reorganisations. Redundancy must be genuine, based on business needs rather than the person, and include fair selection where pools exist. Eligible employees with sufficient service are entitled to a statutory redundancy payment calculated by reference to service and capped weekly pay, plus required notice. Collective redundancies trigger consultation obligations and notification to the Minister for Enterprise, Trade and Employment within set time frames. Suitable alternatives and redeployment should be considered and documented.

Transfers and restructuring. On a business transfer, the TUPE regulations generally preserve employee contracts, continuity of service, and rights, and require information and, where appropriate, consultation with employee representatives before the transfer.

Confidentiality and post termination restrictions. Clauses that protect confidential information and legitimate business interests can be enforceable if reasonable in scope, duration, and geography. Overly broad non competition terms risk being struck down.

Enforcement and remedies. Most workplace disputes go to the Workplace Relations Commission, with a 6 month time limit to file, extendable to 12 months for reasonable cause. Remedies include compensation, reinstatement, or re engagement. Appeals go to the Labour Court. Health and safety issues can involve the Health and Safety Authority. Data protection complaints go to the Data Protection Commission. Protected disclosures legislation gives significant protections for whistleblowers.

Frequently Asked Questions

Is employment law in Passage West different from elsewhere in Ireland

No. Employment law is set nationally. Employers and employees in Passage West follow the same statutes, codes, and procedures as the rest of Ireland, and hearings are commonly scheduled in Cork City.

What documents must I give a new hire and when

You must provide a written statement of core terms within 5 days of the start date and the remaining written terms within 1 month for new hires. These include identity of employer and employee, place of work, job title or nature of work, start date, expected duration if fixed term, pay, hours, and notice arrangements. You should also issue key policies such as discipline, grievance, dignity at work, health and safety, and data protection notices.

Are zero hours contracts allowed

Zero hours contracts are largely restricted. If actual hours regularly exceed the contract, an employee can request a band of hours that reflects reality. Genuine casual work, emergency cover, and short term relief work can be exceptions, but you should take advice before relying on them.

Do probationary employees have rights

Yes. Probation does not disapply core statutory rights, including pay, working time, equality, and health and safety. The law generally limits probation length, with extensions only on objective grounds. Dismissals during probation still require fair reasons and fair process, and employees can claim for prohibited dismissal grounds even without 12 months service.

What is a fair process for disciplinary action or dismissal

Follow the Code of Practice on Grievance and Disciplinary Procedures. Notify the employee of the allegations and evidence, allow representation, hold an impartial hearing, consider mitigation, issue a reasoned decision, and offer an appeal. Investigations should be separate from disciplinary decisions where practicable. Skipping steps can render a dismissal unfair even if the underlying reason is potentially fair.

How do redundancies work for small employers

Redundancy must be genuine and fairly implemented. Identify the business rationale, define selection pools and objective criteria, consult individually, consider alternatives, give proper notice, and calculate statutory redundancy where eligible. Collective redundancy rules and ministerial notification apply if numbers meet statutory thresholds within a 30 day window. Keep clear records of the decision making process.

Can I stop a departing employee from joining a competitor

You can include confidentiality and restrictive covenant clauses, but they must be no more restrictive than necessary to protect legitimate interests such as trade secrets or customer connections. Reasonableness is judged by scope, geography, and duration. Well drafted non solicitation and non dealing clauses are more likely to be enforceable than broad non competition terms.

What are the basic rules on hours, breaks, and holidays

The Organisation of Working Time Act sets limits on average weekly hours, daily and weekly rest, rest breaks during work, and entitlements to annual leave and public holidays. Keep accurate working time records and ensure rosters provide for rest periods. Compensatory rest may be required if standard rest cannot be taken for objective reasons.

Do I have to consider requests for remote or flexible work

Yes. Employees can make requests under the Work Life Balance and Miscellaneous Provisions Act, guided by a Workplace Relations Commission Code of Practice. You should assess requests in good faith, consider the role, business needs, health and safety, and data protection, and give a reasoned decision within a reasonable timeframe. Appeals and review mechanisms should be set out in your policy.

What should I do if I receive a Workplace Relations Commission claim

Note the strict 6 month time limit from the alleged breach. Notify your insurer if applicable, gather documents and witness statements, prepare a chronology, and seek legal advice promptly. Consider early resolution or mediation if offered by the Workplace Relations Commission. Prepare a clear response with supporting evidence and follow any case management directions.

Additional Resources

Workplace Relations Commission for information, guidance, inspections, mediation, adjudication services, and codes of practice.

Labour Court for appeals from Workplace Relations Commission decisions and registered employment agreements.

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

Health and Safety Authority for workplace safety guidance, inspections, and enforcement.

Data Protection Commission for guidance on employee and applicant data processing and subject access requests.

Irish Human Rights and Equality Commission for equality guidance and the public sector equality and human rights duty.

Citizens Information for clear explanations of employment rights and entitlements, including offices in County Cork.

National Vetting Bureau for Garda vetting where roles involve children or vulnerable persons.

Free Legal Advice Centres for free legal information clinics, including in Cork City.

Local Enterprise Office Cork services for small employers on HR basics, policies, and training supports.

Next Steps

If you need legal assistance, start by writing a short summary of the issue, the people involved, and your goal. Gather relevant documents, including contracts, handbooks, policies, the Day 5 statement and full terms, rosters and timesheets, payslips, correspondence, disciplinary or grievance records, performance notes, medical or occupational health reports, redundancy selection matrices, and any settlement drafts. Create a dated timeline of key events. Check immediate deadlines such as the 6 month limit for Workplace Relations Commission claims or the 30 day collective redundancy notification period. Maintain confidentiality and avoid retaliatory steps that could worsen risk, for example penalising someone for raising a complaint or a protected disclosure. Contact a solicitor who specialises in Irish employment law in Cork or nearby and ask about strategy, risks, costs, and options such as mediation. For urgent safety issues, contact the Health and Safety Authority. For data access requests or data breaches, involve the Data Protection Commission guidance early. Early, informed action usually reduces cost and disruption for both employers and employees.

This guide is for general information only and is not legal advice. Your situation may involve details that change the analysis. A local employment lawyer can provide advice tailored to your circumstances in Passage West.