The Philip Lee Guide to: The Revenue Commissioners -V- Karshan Midlands Ltd T/A Dominos Pizza [2023] IESC 24

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 27/10/2023 The Irish Supreme Court’s recent decision regarding the employment status of certain delivery drivers has clarified the considerations to be made when determining a worker’s employment status – particularly those working in the “gig economy”. The case arose from a tax assessment, where the Irish R...

The Philip Lee Guide to: The Work Life Balance and Miscellaneous Provisions Bill 2022

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 12/04/2023 Introduction The Work Life Balance and Miscellaneous Provisions Bill 2022 has been signed into law by the President. This update focuses on the changes implemented by the legislation in relation to:- Remote working; Flexible working; Special Leave. Obviously the concepts of remote and flexible wo...

The Philip Lee Guide to: The European Union (Transparent and Predictable Working Conditions) Regulations 2022

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 02/02/2023 The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (“the Regulations”) became law in Ireland on 16 December 2022. (The Regulations transpose EU Directive 2019/1152 on Transparent and Predictable Working Conditions in the European Union.) The Regulations make a num...

The Philip Lee Guide to: Christmas Parties

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 22/11/2021 Hangovers happen after Christmas parties – and sometimes employers have to deal with them too; in particular, it’s not uncommon for an employer to have to take disciplinary action following an office social function because a member of staff crossed the line between acceptable and unacceptable beha...

The Philip Lee Guide to: Internships

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 28/10/2021 What is an Intern? "Intern" does not have a defined meaning in employment law as such. Typically, an intern is someone present in the workplace primarily to observe and learn. However, depending on the circumstances, an intern may actually carry out work – in which case employment law will have som...

The Philip Lee Guide to: Staff Handbooks

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 14/09/2021 1. What is a staff handbook? Typically, a staff handbook has two functions: a) it sets out practical information about the employer and the workplace and b) it sets out policies and procedures in specific areas. In practical terms, it can also be used as an aide-mémoire by an employer (for example...

The Philp Lee Guide to: Employment Contracts

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 27/07/2021 What is a contract of employment? An employment contract is a binding agreement between an employer and an employee which sets out each party’s rights and obligations. Does an employer have a free hand when drafting the contract? To a degree – but there are certain mandatory statutory provisions th...

The Philp Lee Guide to: Hiring

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 19/04/2021 Do employers have a free hand when deciding who to hire? Largely. There is a prohibition on discrimination in hiring staff but that aside, Irish employers can generally choose who they wish to employ. What is the prohibition on discrimination? The Employment Equality Act, 1998 prohibits discrimina...

The Employment Law Cheat Sheet to Probation

Posted in: The Employment Law Cheat Sheet (by Philip Lee) on 22/02/2021 What is probation? Probation is a period of time at the beginning of the employment relationship during which the employer assesses whether the employee is suitable for permanent employment. It’s common to refer to this as the new employee’s “probationary period”. How long do probationary period...