Employment Law

In so doing, our guiding principles are to ensure an adherence to the rule of law in Ireland, compliance with statutory obligations, an appreciation of the human element of the employment relationship, the use of alternative dispute mechanisms, the minimisation of cost and, to the extent possible, the elimination of risk.

Services include

Pre-Employment

• Advising on aspects of recruitment (as a defence to claims for discrimination under the Employment Equality Acts), including note retention, appropriate questioning, drafting letters of offer, suitable conditions (medical, reference, entitlement to work, etc.).
• Advising of all aspects and risks of the recruitment process in Ireland.
• Drafting Contracts of Employment for use in Ireland.
• Drafting Employee Handbooks and Policies for use in Ireland (with emphasis on structure and culture of the employer).

Probation

• Drafting probation clauses.
• Advising on employees’ rights (due process and fair procedures) during the probation period.
• Advising on termination within the probation period.

Managing the Employment Relationship

• Advising on performance related issues and performance improvement plans (“PIPs”).
• Drafting Grievance Procedures for use in Ireland.
• Assisting employers and employees in Ireland in “navigating” workplace grievances.
• Drafting Bullying and Harassment Policies and Dignity at Work Policies for use by employers in Ireland.
• Assisting employers and employees in Ireland in “navigating” workplace bullying and harassment.
• Assisting employers and employees in Ireland in “navigating” discrimination in the workplace.

Mediation

• Advising on and attending mediations in Ireland to facilitate resolution of workplace issues.
• Advising on choice of Mediator and participating with the client in the mediation process.
• Drafting Terms of Settlement arising from mediation.

Disciplinary

• Advising employers and employees in Ireland on all aspects of investigative processes and disciplinary procedures.
• Setting out the practical steps, including the drafting of Terms of Reference and necessary communications.
• Providing immediate and “real time” advice as the process unfolds.
• Advising employers and employees in Ireland in relation to the conduct of appeals to ensure due process and adherence to fair procedures.
• Advising employers and employees in Ireland on High Court Injunctions in the context of disciplinary proceedings.

Termination

• Negotiating exit terms on behalf of employers and employees in Ireland on the termination of the employment relationship.
• Drafting Severance Agreements and Confidentiality Agreements for use in Ireland on the termination of the employment relationship.
• Advising employers and employees in Ireland on all aspects of unfair dismissal claims.
• Advising employers and employees in Ireland on all aspects of discriminatory dismissal claims.

Redundancy

• Assisting employers and employees in Ireland through the redundancy process.
• Setting out the legal framework applicable in Ireland.
• Setting out the practical steps for individual and collective redundancies.
• Advising on redundancy consultation requirements in Ireland.
• Drafting necessary communications and notifications from employers to employees.
• Providing immediate and “real time” advice as the process unfolds.

Post Termination Restraints

• Drafting post termination restraints, such as non-compete clauses, confidentiality and non-solicitation clauses for use in Ireland.
• Preparing “cease and desist” letters from employers to employees in Ireland..
• Advising on and bringing Irish High Court actions seeking injunctions to restrain breaches relating to non-compete, non-solicitation, interference with customers and confidentiality.

Advocacy and Representation

• Appearing before the Workplace Relations Commission and the Labour Court in Ireland.
• Instructing counsel with comprehensive Statement and Instructions and Brief for Counsel and co-ordinating the presentation or defence of claims.
• Appearing before the Irish High Court with counsel in the presentation and defence of employment related claims.

TUPE

• Advising on the Transfer of Undertakings Directive and on information and consultation requirements in Ireland.
• Drafting necessary communications and notifications from the transferor/transferee to employees.
• Advising on the extent of terms and conditions transferred and the implications for pension entitlements and pre and post transfer obligations in Ireland.

Protected Disclosures

• Advising on the Protected Disclosures Act, 2014 (as amended).
• Bringing and defending injunctions by “whistle blowers” and providing advice, in particular in the context of ongoing internal processes such as disciplinary hearings.

General Advisory for Employers

• Providing in-house seminars on various aspects of employment law in Ireland.
• Emphasising practical management tools (e.g. how to handle bullying and harassment complaints).
• Preparing and facilitating “role play” tutorials as a teaching device to assist management.
• Providing practical and succinct updates on developments in employment law in Ireland.
• Analysing case law and updating precedent policies and contracts to take account of such developments.