Lewis Silkin is widely recognised as the leading specialist employment law practice. Our team of over 140 employment and immigration lawyers, including 24 partners, is consistently top ranked by independent legal directories, Chambers and Legal 500, with 22 of our partners in our team rated as “leaders in their field”. Our lawyers based across the UK and Ireland advise on all the day to day UK and Irish employment law issues that arise from the initial employment offer to departure and everything in between. Our practice also has the distinctive strength in depth to support clients in a range of specialist areas including High Court Litigation, collective employment law, immigration, data protection, health and safety law and partnership law. Lewis Silkin is the UK, Ireland and Hong Kong member of Ius Laboris, the leading international HR practice which includes over 1,400 of the world’s best HR law practitioners in over 100 countries.
Employment & Immigration
The government has published its promised code of practice on the right to disconnect from work outside normal working hours. Implementing a right-to-disconnect policy will set a good grounding for an organisational culture in which the line between work and leisure is both visibly respected and taken seriously. This article explains what is in the new code and what it means for employers in Ireland.
The Immigrant Investor Programme offers non-EEA nationals a route to residency in Ireland by offering four investment options to investors who satisfy certain criteria – namely, that they are of good character and have a minimum net worth of €2 million. This article discusses how the programme works, its benefits and how high-net-worth individuals can use it as a means of obtaining residency rights in Ireland.
The new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work recently entered into force. The code provides an updated definition of what bullying is and, importantly, what does not constitute bullying. The code sets out the steps that employers should take to prevent bullying and the measures that they should take to investigate any complaint. This article reviews the main points that employers should consider.
The Workplace Relations Commission recently found that an employee had been unfairly dismissed when her employer rejected her request for remote working in response to the COVID-19 pandemic. The outcome may encourage more employees to bring constructive dismissal claims where they feel that their employer has not adequately addressed their health and safety concerns, especially as workplaces are now seen as high-risk environments for COVID-19 transmission.
The government has launched the 'Making Remote Work' National Remote Work Strategy, which aims to ensure that remote working "is a permanent feature in the Irish workplace that maximises economic, social and environmental benefits". Under the strategy, the government promises to, among other things, mandate that remote work be the norm for 20% of public sector employees and develop a code of practice for the right to disconnect.
Under the latest Level 5 restrictions, employees in Ireland must work from home unless they are classified as essential workers and their work cannot be done at home. The government has updated the list of essential workers to provide that it does not include workers who perform administrative or other support activities for businesses, unless these constitute essential administrative and support activities and the physical presence of the administrative or support worker in the workplace is required.
As of 1 January 2021, British nationals visiting or working in the European Economic Area will be restricted. With Schengen rules being introduced for visitors and work visas being required elsewhere in the European Economic Area, this article considers what the end of free movement looks like for British nationals looking to visit or work in Ireland and some further updates to Ireland's immigration and work permit schemes.
With a vaccination against COVID-19 in sight, many employers in Ireland will understandably be eager to have their employees vaccinated in hope of their workplace returning to some form of normality. This article explores some of the legal issues of which employers must be aware.
The gender pay gap (GPG) is the percentage difference between the average hourly earnings of men and women. This article reviews the current position on the GPG in Ireland, what is happening with the proposed legislation to introduce mandatory reporting and what employers should be doing now.
The mass move to homeworking triggered by the COVID-19 pandemic has shone a spotlight on the increasingly blurred boundaries between work and home and reignited the debate on the right to disconnect. Notwithstanding the protection afforded to employees under existing working time rules and health and safety legislation in Ireland, the current legal framework is inadequate to ensure a genuine right to disconnect. It remains to be seen how the government will choose to tackle the issue.
The COVID-19 pandemic and the threat of a no-deal Brexit are the overriding themes underpinning the government's budget for 2021. According to Tánaiste Leo Varadkar, the government has set aside €5.5 billion in contingency funds due to the "unbelievable uncertainty" facing the country. This article highlights the key points from the budget that employers should note.
The Labour Party has proposed the Sick Leave and Parental Leave (COVID-19) Bill 2020 which, if passed, would give employees in Ireland the legal right to paid sick leave for the first time. It also proposes paid leave for employees whose children must stay at home from school due to COVID-19 measures.
On 1 September 2020 unpaid parental leave entitlement in Ireland was increased from 22 weeks to 26 weeks. This means that eligible parents will be able to take 26 weeks' parental leave for each child who falls within the prescribed thresholds. Employers should check their policies and procedures to take into account the increase from 1 September 2020 onwards.
This article discusses the key measures under the new government's July Stimulus Plan of which employers should be aware, plus various commitments under its Programme for Government which could have a significant impact in workplaces. The proposals – which cover wage subsidies, job creation and recovery and work-life balance and equality, among other things – clearly reflect the new economic reality in the wake of COVID-19.
As the COVID-19 crisis begins to ease, employers must think carefully about how to safely manage the process of returning employees to the workplace. Companies must ensure the health and safety of their employees and visitors to their premises and comply with any continuing government guidelines, including in relation to physical distancing. This article summarises the legal landscape and various considerations that employers will need to take into account in Ireland.
The government has introduced the Temporary COVID-19 Wage Subsidy Scheme to incentivise employers to retain employees on the payroll where possible (replacing the emergency COVID-19 Employer Refund Scheme). This article outlines the implications for employers.
Numerous employment law concerns have arisen due to the current coronavirus outbreak. From staff who are advised to self-isolate to those who are concerned about the risk of coronavirus and reluctant to come into work, employers have a lot to consider. This article sets out guidance for employers on the implications that coronavirus could have for their business.
The government recently published the General Scheme for the Parental Leave and Benefit Bill. The bill provides for a paid parental leave benefit, which must be used within the first 12 months of a child's life or 12 months from the date of adoption. In light of these changes, employers should not only consider whether they should top up the parental leave benefit, but also review their family leave policies more generally to ensure that their business is in line with the latest developments.
Disability case: Supreme Court clarifies extent of employers' duty to provide reasonable accommodationIreland | 13 November 2019
A recent Supreme Court decision clarifies the legal principles to be applied to the question of which measures of reasonable accommodation an employer should consider to enable disabled employees to participate in the workforce. While the decision provides welcome guidance on the applicable principles, employers must consider that what constitutes 'reasonable accommodation' will depend on the facts, guided by the reasonableness and proportionality of any appropriate measures proposed.