Variation of Terms and Conditions Prior To Transfer Unenforceable

Posted in: LK Shields on Employment Law on 26/05/2020 Introduction The UK Employment Appeals Tribunal (“EAT”) recently issued an important decision in Ferguson & Others -v- Astrea Asset Management Limited which dealt with the improvement by business owners and directors of their terms and conditions in anticipation of a TUPE transfer. This case ...

Strategies for Coping with a Temporary Downturn in Business during COVID-19 Crisis

Posted in: LK Shields on Employment Law on 25/03/2020 In stark contrast to the almost full employment rate enjoyed by Ireland recently, many employers are now faced with the sad and urgent reality of seeking solutions to keep their business afloat in a climate of forced closure of workplaces or a fall-off in business as a result of the COVID-19 pandem...

Employee Share Remuneration - Overview and Recent Developments

Posted in: LK Shields on Employment Law on 24/09/2019 There are many employee incentive arrangements available and there is no one size fits all approach. An employer should carefully consider all relevant issues in advance of adopting an incentive arrangement to ensure it is fit for purpose and appropriate for the relevant business. In this article,...

Working Time - Employer Responsibilities

Posted in: LK Shields on Employment Law on 14/08/2019 There have been a number of recent cases at the European Court of Justice and elsewhere that impact on the Organisation of Working Time Act 1997, as it applies in Ireland. Are Irish employers maintaining proper records of working hours? Are you open to challenge from your employees or their unions?...

Discriminatory dismissal following “Google search” of dyspraxia

Posted in: LK Shields on Employment Law on 28/05/2019 Before contemplating the dismissal of an employee with a disability, an employer should ensure that they are in possession of all material facts concerning the condition, including medical evidence, and carry out a thorough assessment in relation to the needs of the employee. In this article, Eli...

A Guide to Bonus Payments during Maternity Leave

Posted in: LK Shields on Employment Law on 29/01/2019 The issue of bonus payments is one which often gives rise to disputes between employers and their employees. There are many ways in which bonus clauses can cause difficulties and result in litigation. In this article Einde O’Donnell, Associate Solicitor at LK Shields, focuses on the payment, or non...

Business Transfers: Euro Car Parks (Ireland) Limited and Dermot Kelly

Posted in: LK Shields on Employment Law on 11/09/2018 The Labour Court recently held that a “transfer of an undertaking” had taken place in a scenario where there was no transfer of assets - but where the same core assets continued to be used after the transfer. The Transfer of Undertakings Regulations Under the European Communities (Protection of Emp...

Gender Pay Gap Information in Ireland: Draft Legislation Published

Posted in: LK Shields on Employment Law on 16/07/2018 The gender pay gap measures the difference between the average gross earnings of female and male employees. In recent years the gender pay gap has received increased attention - both in Ireland and internationally. According to the latest figures published by Eurostat, the gender pay gap in Irela...

Transfer of Undertakings: Uncertainty Continues as to Liability

Posted in: LK Shields on Employment Law on 08/05/2018 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. Regulation 8 of the Regulations requires both the tran...

Fixed Term Workers, Non-Discrimination and Compensation on the Termination of Employment

Posted in: LK Shields on Employment Law on 23/01/2018 Is it discriminatory for a fixed-term worker to receive less compensation on the expiry of his or her contract than a worker (whether fixed-term or permanent) who is dismissed? This is the question considered by the Court of Justice of the EU’s Advocate General Kokott in two opinions relating to th...