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In Brief: Important Updates from May 2018

Posted in : Supplementary Articles ROI on 4 June 2018
Legal-Island
Legal-Island

June is here and the sun is out… May went in the blink of an eye and it certainly was a busy month on the Irish Employment Law Hub! In our latest webinar with Jennifer Cashman, Partner at Ronan Daly Jermyn and keynote speaker at Legal-Island’s Annual Review of Employment Law, we discuss various topics brought into focus by a number of recent, highly influential cases; we consider compulsory retirement and age discrimination in this month’s First Tuesday Q&A article; we examine the gender pay gap reporting obligations anticipated in Ireland and how employers and HR practitioners can prepare for the new regime; we review a number of noteworthy cases; and we ask whether employers should include policies and procedures in their contracts of employment.

Jennifer Cashman's Employment Law Update (May 2018) 

In our latest webinar, Jennifer Cashman, Partner at Ronan Daly Jermyn and keynote speaker at Legal-Island’s Annual Review of Employment Law, discusses the workplace bullying case of Hurley v An Post whereby the claimant was awarded €161,133 in damages. Jennifer also covers the cases of:

  • Cox v RTÉ – Age Discrimination and Retirement
  • Genockey v BOI – Pre-employment Conditions
  • Carron v Fastcom – Legal and Litigation Privilege
  • UPC Communications Ireland Ltd (now Virgin Media Ireland Ltd) v EAT – Date of Dismissal
  • Castolin Eutectic Ireland Limited v Kita – Insubordination and Reasonable Instructions

https://www.legal-island.ie/articles/ire/resources/webinars/2018/may/employment-law-update-may-2018/

Labour Court Decision: Dr Enda Loftus v Martine O’Sullivan

In this month’s Case Law Review Panel article, Siobhán Lafferty of McDowell Purcell, reviews a Labour Court decision in accordance with section 83(1) of the Employment Equality Acts 1998-2015. The case brings to the fore issues surrounding discrimination based on pregnancy, maternity and gender and acts as a stark reminder of the financial impact which can be caused to employers where they are unsuccessful in such claims.
https://www.legal-island.ie/articles/ire/features/labour-superior-court-review/2018/may/dr-enda-loftus-v-martine-osullivan/

Compulsory Retirement and Age Discrimination

In this month's First Tuesday Q&A article, Noeleen Meehan, Associate in A&L Goodbody's employment law group, considers some frequently asked questions in relation to contractual retirement ages and age discrimination against the backdrop of a number of recent high profile decisions.
https://www.legal-island.ie/articles/ire/features/q-and-a/2018/may/compulsory-retirement-age-discrimination/

Gender Pay Gap Reporting: How Do I Handle It?

In her latest article entitled 'Get Ready for Gender Pay Gap Reporting,' Jennifer Cashman, Partner at Ronan Daly Jermyn, summarises the gender pay gap reporting obligations anticipated in Ireland and offers advice to employers and HR practitioners on they can prepare for the new regime.

Jennifer covers the background of GPG legislation, touches on UK experiences and what employers can do to prepare for the coming changes. Uncertainty remains as to what form the final draft of legislation will take, however, it’s arrival is inevitable meaning employers should commence preparations sooner rather than later.
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2018/may/gender-pay-gap-reporting-how-do-i-handle-it/

Designating a Data Protection Officer: Key Considerations

In the third of the series by Crowley Solicitors on data processing in the workplace, Eimear Boyle, Senior Associate Solicitor, explains when a Data Protection Officer is required and the scope of their role. The Data Protection Officer’s duties and responsibilities are highlighted and consideration is given to whether a Privacy Officer, as distinct from a Data Protection Officer, is more appropriate. 
https://www.legal-island.ie/articles/ire/features/hot-topics/2018/may/designating-a-data-protection-officer-key-considerations/

Should Employers Include Policies and Procedures in Contracts of Employment?

The contract of employment is the fundamental document governing the contractual employment relationship between an employer and an employee. However, it is usually not the only document governing the relationship. Employers often have an employee handbook which includes work practices as well as policies and procedures.

In this month’s ‘Reddy Made Contracts’ article, Laura Graham, Senior Associate in the Employment Law team at Reddy Charlton Solicitors, considers whether employers should include policies and procedures in their contracts of employment.
https://www.legal-island.ie/articles/ire/features/contracts/2018/may/should-employers-include-policies-and-procedures-in-contracts-of-employment/

Transfer of Undertakings: Uncertainty Continues as to Liability

The European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) place legal obligations on both the transferor and the transferee in relation to employees transferring with a business.

In this month’s article Susan Battye, Partner in LK Shields, reviews two recent and arguably conflicting determinations from the Labour Court on the duty to inform and consult which demonstrate the uncertainty confronting transferors, transferees and transferring employees.
https://www.legal-island.ie/articles/ire/features/employment-law/2018/may/transfer-of-undertakings-uncertainty-continues-as-to-liability/

Hurley v An Post [2018] IEHC 166

The case concerned a claim for negligence and breach of duty of care. The claimant alleged she was bullied by co-workers following a one-off incident with one particular staff member. The employer was held liable as it failed to address the behaviour in any meaningful way. An award of €161,133.00 was made, which included €50k for pain and suffering.
https://www.legal-island.ie/articles/ire/case-law/2018/may/hurley-v-an-post-2018/

The Employment (Miscellaneous Provisions) Bill 2017 Passes Committee Stage in the Dáil

The Employment (Miscellaneous Provisions) Bill 2017, brought by Employment Affairs and Social Protection Minister Regina Doherty, T.D., has of 17th May 2018 cleared the Committee Stage in the Dáil. The objective of the Bill is to improve the security and predictability of working hours for employees on insecure contracts, and those working variable hours. The Bill addresses five key issues where employment law should be strengthened for the benefit of employees, without imposing unnecessarily onerous burdens on employers.

Legal-Island is running a half-day seminar on key aspects of the impending Act entitled 'The Employment Bill: The Impact on Casual and A-Typical Contracts of Employment' and will be held on 9th October 2018, 9.20 am – 1.00 pm, followed by lunch and networking at the Gibson Hotel, Dublin. The event is being held in association with Lewis Silkin Ireland.
https://www.legal-island.ie/events-ie/the-employment-bill-the-impact-on-casual-and-a-typical-contracts-of-employment/

 

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This article is correct at 04/06/2018
Disclaimer:

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.

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