The team at Fitzsimons Redmond are delighted to congratulate our wonderful colleague, Caroline Gill on her admission to the Roll of Solicitors. Caroline began working in our office six months ago as part of her transition from practicing barrister to qualification as solicitor. Caroline brings a wealth of legal experience and endless passion to the profession. We wish her happiness and luck on this new adventure!
Constructive Dismissal is where the employee leaves his or her role as the employer has made it untenable for him or her to continue working.
There is a high threshold for an employee to prove their case. The employee must first have put the employer on notice of his or her dissatisfaction by way of the grievance procedure, in writing. He or she must then await the outcome of any investigation. If the situation remains intolerable, he or she can resign their role and make a claim under Section 2 of the Unfair Dismissals Act. It would be unwise of any employee to resign their role in such circumstances without first taking legal advice.
Under GDPR, children benefit from all the same protections as adults in respect of their personal data. However, organisations must take particular care in respect of processing the personal data of children, a child being a person under the age of eighteen years.
To process personal data, a lawful basis under Article 6 of GDPR is required.
You must select which one of the following grounds apply:
Our Lisa Quinn O’Flaherty collaborated with e-learning company EazySAFE to provide information for employers on ensuring breastfeeding workers are protected at work. You can click below to read her article.
Breastfeeding at Work – Advice for Employers.
No employer wants to learn that one of their employees is experiencing bullying or harassment at work. Workplace bullying is a health and safety issue and employers have a duty to provide a safe place of work. The consequences of failing to so provide can be extreme; ranging from lost productivity to reputational damage to high staff turn-over to civil liability for personal injuries or constructive dismissal. Continue reading
The Safety, Health and Welfare at Work Act 2005 as amended provides that employers must
- Do all that is reasonably practicable to ensure the safety, health and welfare of their workers
- Manage and conduct work activities (including behaviors at work) so as to avoid a risk to their workers
- Plan and maintain a safe system of work
- Plan and maintain a safe workplace including all equipment
- Prevent known risks
- Provide personal protective equipment where it is needed
- Provide training in the relevant language
A collective redundancy arises when the employer intends to make redundant the roles of a large number of employees. This can arise where the business is shutting down or where the employer has decided to carry on with a reduced number of employees. Unfortunately, given the pandemic-related stresses on businesses, we can expect to see more collective redundancies as businesses succumb to the pressures. Continue reading
In recent months, I have noticed an increase in fees being charged for the compliance with data subject access requests, by some organisations. The purported fee is named as being to cover the cost of redaction, administration or copying, and is in many cases unlawful. Continue reading
Employers have an obligation to provide a safe place of work for all of their employees, as well as to ensure that no members of the public are endangered by their activities. When an employee breaches health and safety legislation or the health and safety policy of the company, the employer must always take this conduct seriously. Failure to do so can leave the employer open to both civil and criminal liability. Continue reading