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...

UK Court Confirms Uber Drivers are 'Workers'

Posted in: LK Shields on Employment Law on 20/11/2017 Uber BV, Uber London Limited and Uber Britannia Limited v Aslam & Others, UKEAT/0056/17/DA In a recent UK decision, the UK Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal (Tribunal) determination that Uber drivers are ‘workers’ rather than self-employed contractors for the pu...

Bărbulescu v Romania: Email Privacy in the Workplace

Posted in: LK Shields on Employment Law on 11/09/2017 Jeanne Kelly and Jennifer O'Neill of LK Shields Solicitors discuss the recent decision of the Grand Chamber of the European Court of Human Rights in the case of Bărbulescu v Romania regarding the right to privacy in the workplace. The case concerned an employers' right to monitor the contents of th...

Whistleblowing - Claims for Penalisation

Posted in: LK Shields on Employment Law on 11/07/2017 In the case of A senior official v A local authority [ADJ00001721], an Adjudication Officer (“AO”) rejected an employee's claim for penalisation arising from making a protected disclosure. This decision is in line with the position taken by the Labour Court in penalisation claims under the Safety ...

The General Scheme of the Social Welfare and Pensions Bill 2017 - Key Pension Aspects for Employers

Posted in: LK Shields on Employment Law on 22/05/2017 The Minister for Social Protection, Leo Varadkar, last week published the General Scheme of the Social Welfare and Pensions Bill 2017. The Bill proposes new measures to tackle welfare fraud, including powers to temporarily reduce welfare benefits and to publish details of those convicted of welfar...

Achbita and anor v G4S Secure Solutions NV [2017]

Posted in: LK Shields on Employment Law on 20/03/2017 EU Head Scarf Ruling - Thin Veil of Protection for Employers Who Ban Religious Symbols in the Workplace In the first case of its kind, the European Court of Justice (ECJ) has ruled that employers can ban employees from wearing visible political, philosophical or religious symbols while at work. Th...

Giving Reason to Reasonable Accommodation

Posted in: LK Shields on Employment Law on 10/01/2017 A recent decision of a Workplace Relations Commission Adjudication Officer (“AO”) (ADJ – 00000508) considers the extent of an employer's obligation to make reasonable accommodation for an employee with a disability and finds that, taking into account the scale and resources of the employer and its ...

The Employment Injunction - Diluting the “Strong Threshold Test”

Posted in: LK Shields on Employment Law on 14/11/2016 In employment law, the threat of an injunction continues to be an important tool in the armoury of employees faced with potential disciplinary action or dismissal. If an employer fails to adhere to a fair, reasonable and transparent process in a disciplinary process or in the lead up to dismissal ...