Tag: Employment Law

Employment Law: Enhanced Protections for Breastfeeding Workers, Parents and Carers

June 28, 2023 / Lisa Quinn O'Flaherty

The Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law on 4^th April last, with the provisions to take effect upon Commencement Orders as signed by the Minister. The new rights under the Act include:

A right for parents of under 12s and carers to request flexible working;
A right to five days leave each year (unpaid) for personal care for serious medical reasons for parents or family carers;
A right to request remote working;
A right to five paid days leave each year for victims of domestic violence;
An extension of the right to paid breastfeeding breaks from six months to two years.

OK Boomer: Ageism and Employment Equality

January 14, 2021 / Lisa Quinn O'Flaherty

Thankfully the past few years have involved much discussion about the need for, and the benefits of inclusion and diversity in the workplace. It is wonderful hear of people with disabilities and people from traditionally marginalised backgrounds being finally offered true equality of opportunity in the work place.

Employment Law Guide: Constructive Dismissal

December 7, 2020 / Lisa Quinn O'Flaherty

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.

Employment Law Guide: Bullying and Harassment at Work

November 16, 2020 / Lisa Quinn O'Flaherty

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

Employment Law Guide: Health and Safety at Work

November 11, 2020 / Lisa Quinn O'Flaherty

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

Employment Law Guide: Collective Redundancy

November 9, 2020 / Lisa Quinn O'Flaherty

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

Employment Law Guide: Termination for Unsafe Conduct

November 2, 2020 / Lisa Quinn O'Flaherty

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

Accommodating Breastfeeding at Work

October 28, 2020 / Lisa Quinn O'Flaherty

Our Lisa Quinn O’Flaherty shared her opinion on accommodations for breastfeeding in the workplace in the Irish Times (28th October 2020). The letter can be read here.

Employment Law Guide: The Law on Breastfeeding in the Workplace

August 4, 2020 / Lisa Quinn O'Flaherty

As we celebrate this years World Breastfeeding week, I am conscious of the inequalities of opportunity for breastfeeding mothers in the workplace and their babies. I am lucky enough to have recently returned after maternity leave to a workplace that is wholly supportive of breastfeeding. I have a nice private office where I can comfortably express milk as I work away, and colleagues who are unfazed by the whir of my double electric pump, as they pop in to my office for chats, and even bring documents from the printer so that I don’t have to unlatch the pump to do it myself. It feels uncomfortable to me that this is not a universal experience, given that breastfeeding up the age of two and beyond is both biologically normal and recommended by the World Health Organisation and most health experts. Continue reading

The Use of CCTV in the Workplace

July 4, 2019 / Lisa Quinn O'Flaherty

Under GDPR, employers are entitled to monitor employee activity if they have a lawful basis for doing so and the purpose of their monitoring is clearly communicated to employees in advance-before any data is recorded the data subject must be warned. A system used to monitor the building for security purposes will usually be easy to justify. The use of CCTV systems in other circumstances – for example, to constantly monitor employees – can be more difficult to justify and could involve a breach of the Data Protection Acts. Should an employee object to the use of CCTV cameras in a particular area, the GDPR test places the burden on the employer to demonstrate that it has “compelling legitimate grounds” for processing that override the employees’ rights, or for the establishment, exercise or defence of legal claims.