First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

We have two colleagues who have verbal agreements to work from home. They have been doing so for more than 5 years. What protection do they have as this is not included in their contract of employment? Can the employer change this work practice with one month’s notice?

Posted in: First Tuesday Q&A ROI on 01/08/2017 Notwithstanding the fact that only a verbal agreement was reached with these employees, as the employees have enjoyed this arrangement for a significant period of time, the employees’ could reasonably argue that they have an implied right to work at home. A term can be implied into a written emplo...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

We have read a number of stories in the press recently regarding the “gig economy”. Is this a new term in employment law that we need to be concerned with?

Posted in: First Tuesday Q&A ROI on 03/04/2017 The “gig economy” is a relatively new term which describes individuals who are described as self-employed and carry out work on a “free-lance” basis. Examples include arrangements used by companies such as Uber, Deliveroo and Hassle. It usually involves a service provided by one person to another,...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

‘If and when’ contracts. Where do employers stand? What are the rules?

Posted in: First Tuesday Q&A ROI on 05/04/2016 Employers in Ireland can offer “if and when” or "as required" contracts to workers which may create for the employer a bank or panel of casual workers that it can request to work on short “assignments” where the needs of the business require. The contracts are distinct from “zero-hour contracts”, ...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

Are we obliged to keep an employee on a fixed term contract to cover an employee on maternity leave even if the employee on maternity leave chooses not return to work?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Generally, specified purpose/fixed term contracts are used by employers to cover employees on maternity leave. The specified purpose/fixed term contract will have an end date which provides that the employee’s employment will cease when the employee on maternity leave returns to work. Employees o...
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Discrimination and Equality A-Typical Working

Who is responsible for ‘redundancy payments’ in a situation whereby an agency has a candidate placed with a client for 2+ years continuously and the individual is paid by the agency and bills the client for the associated costs?

Posted in: First Tuesday Q&A ROI on 05/08/2015 When an agency worker’s assignment with a client ends for whatever reason, the obligation rests with the employment agency to redeploy the agency worker to another assignment, unless otherwise agreed with the client. If the employment agency cannot redeploy the agency worker, then the agency worker...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation A-Typical Working

Do employees need to be paid for trial days and what piece of legislation is relevant to this query?

Posted in: First Tuesday Q&A ROI on 06/05/2015 If an employee is called for jury service, the employee is generally obliged to attend. The Juries Act 1976 is the applicable piece of legislation and it provides that an employee or an apprentice who is called for jury duty must be given time off by their employer to attend court for the purposes ...
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Working Time and Leave A-Typical Working Pay and Conditions of Employment

As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure they do not become classified as a ‘worker’ if we ask them to do or help with specific tasks which we feel would add value to their skill set, but they may see as being asked to do work? Is there any guidance to assess when the line of being a worker is crossed?

Posted in: First Tuesday Q&A ROI on 07/10/2014 In order to ensure interns do not become classified as workers when carrying out work during an internship programme, it is important that a written internship agreement is entered into between the intern and the host company confirming the terms that are agreed and that shall apply. In particular ...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

What is the correct statutory definition of the words “Employer” and “Employee” and why are they important in employment law?

Posted in: First Tuesday Q&A ROI on 06/08/2014 Currently, there is no single statutory definition for “employee” and “employer” in Ireland, and the terms are defined in numerous statutes, although the definitions can vary depending on the particular emphasis of the legislation, for example, the Payment of Wages Act 1991 or the Redundancy Pa...
This article is listed under the following topics:
Contracts of Employment A-Typical Working