What are the difficulties we might face if we select someone on parental or other family-friendly leave for redundancy over someone else?Posted in : First Tuesday Q&A ROI on 6 October 2015
Parental Leave, within the meaning of the Parental Leave Acts 1998 to 2006 (“the Acts”) is protected leave and refusing to permit an employee to return to work after Parental Leave by reason of redundancy or dismissal will constitute an unfair dismissal under the Unfair Dismissals Acts 1977 to 2007 as amended.
Similarly, an employer may not issue a notice of redundancy to an employee who is on Parental Leave. Furthermore, it should be noted that Section 16 of the Acts provides that where it is not reasonably practicable for an employee to return to the same position they held prior to going on Parental Leave, the employee shall be entitled to be offered suitable alternative employment
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 06/10/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.