Employment Law Solicitors for Ireland

The relationship between an Employer and Employee is in essence a legal one.

The principal document underpinning this legal relationship is the Employment Contract.

An Employer must under Irish Law provide a written statement of the terms of employment at the outset of the employment, which is required by the Terms of Employment Act 1994.

In addition to the Employment Contract the employment relationship is subject to Employment Law Legislation in Ireland.

There is a significant body of legislation with respect to Employment Law in Ireland.

Disputes between employers and employees can be resolved internally if there is goodwill and a degree of trust between the parties.

If persons require external assistance we can assist them to understand their legal position, in our opinion, after we apply the law to the facts, and they can decide which path forward is prudent.

We have a number of information posts below and an issue of relevance to you may be discussed in the information posts.

If you wish to enquire about a matter we can be contacted on info@clearysolicitors.com  (052) 612 1999 0r  (01) 546 1121.

Employment Law Ireland

Cleary & Co. Solicitors, Litigation Law Firm – Experienced Employment Law Solicitors


Kieran Cleary and Roger Cleary of Cleary & Co. are responsible for files involving litigation in our firm.

Employment Law Advice for Employees

We assist employees who have been treated unfairly who have sought assistance either during the course of the employment relationship or after the employment relationship has ended.

There is much on the line for an employee in a workplace dispute as evidently their employment is their primary source of income and reputational matters regarding future employment with respect to references can be of concern. It is important for them to know their legal position, in our opinion.

Common cases we act for employees fall under the Unfair Dismissal legislation, Redundancy legislation, Equality acts for discrimination matters, maternity leave right breach matters, agency worker matters, protected disclosure matters and high court injunctions for breach of contract / interference with a constitutional right to work issue. We act for clients before the Workplace Relations Commission in mediations and adjudications (case hearings) and before the the Labour Court.

Employment Advice for Employers

We assist Employers defending claims before the Workplace Relations Commission and Labour Court.

Many employers simply need advice to understand employee legislative rights regarding sick leave, stress leave matters, agency workers, fixed term workers, part time workers, maternity leave right matters, collective redundancy matters etc. for example.

We assist employers with employment law advice with respect to dealing with a workplace dispute.

If employers just require assistance with contracts drafting we can also assist.

We’re Here To Help With Your Employment Law Questions

What is constructive dismissal Ireland?

It occurs where the employee is forced to resign in intolerable workplace circumstances wherein the conduct of the employer has become intolerable and the employee has no alternative but to leave the employment. As the resignation was not truly voluntary, it is in effect a termination.

Do I need a solicitor for unfair dismissal?

No, you don’t. It is simply a decision you have to make based on if you perceive there is value in obtaining a solicitor or not for a case. If you perceive there is no value in it, like in any service, you won’t want to obtain such a service.

You can obviously ask a solicitor what specifically their service involves and ascertain their experience for such cases, which may assist you to make the decision.

Publication of Remuneration

With the introduction of the Gender Pay Gap Information Act, 2021 Employers will be required to publish the reasons for remuneration differences between male and female employees. The Act applies to employers with a certain amount of employees.

The burden of Proof in Unfair Dismissal Cases

In these cases, the burden is on the employer to prove there were substantial grounds justifying the dismissal. The employer must show their response to a situation was reasonable and the sanction chosen was one within which a reasonable employer might make. If an employee is being dismissed for a performance issue, for example, then before the decision to dismiss is taken, the employee should be told which areas they are failing in, given an opportunity to improve and be warned about any dismissal.

Should the alternatives to a Redundancy be examined by an employer?


In Panisi -v- JBC Europe Limited 2012 ELR70 where
Mr Justice Charleton held: “It may be prudent as a mark of genuine redundancy, that alternatives
to letting an employee go should be examined. Similarly, a fair selection
process may indicate an honest approach to redundancy by an

Workplace Relations Commission

In Ireland the Workplace Relations Commission was established to deal with disputes between employers and employees.

Within its dispute resolution services adjudication ( case hearing ) and medication are both options available as a means to resolve a dispute.

The WRC can make binding decisions similar to a court.

The Commission also carries out inspections of workplaces to ensure compliance with employment legislation.

Maternity Leave Right

There is considerable legal protection in Ireland for female workers with respect to maternity leave rights.

One such common question is what is the rule with respect to returning to work post the leave period.

Under Section 26 of the Maternity Protection Act 1994(as amended) there is a right to return to work which states :

26.—(1) Subject to this Part, on the expiry of a period during which an employee was absent from work while on protective leave, the employee shall be entitled to return to work—

(a) F56[with the employer with whom she or he was working immediately before the start of that period or, where during the employee’s absence from work there was a change of ownership of the undertaking in which she or he was employed immediately before her or his absence], with the owner (in this Act referred to as “the successor”) of the undertaking at the expiry of the period of absence

(b) in the job which the employee held immediately before the start of that period.

Disputes arise when an employee returns to work to a job which is dissimilar to that they were contracted to do.

Pregnancy related Workplace Discrimination

If you wish to know more about this you can read about it here.

What is employment legislation in Ireland?

There is a huge body of employment law in Ireland related legislation, such as the following examples:

  • Unfair Dismissals Acts
  • Payment of Wages Act
  • Maternity Protection Acts
  • Employment Equality Acts
  • Safety, Health & Welfare at Work Act
  • Organisation of Working Time Act
  • Redundancy Payments Acts
Do the Workplace Relations Commission or Labour Court award legal costs?


Can I be reinstated to my old position by the Workplace Relations Commission?

If you have a claim for unfair dismissal, for example, and you contend the redundancy that arose was not genuine and you win your case, then the Adjudication case officer has a remedy available to him/her to grant you, being Reinstatement to your old position, as reinstatement is a permitted remedy by the legislation.

Can I claim Redundancy after a Lay-off?

An employee after 4 weeks of being laid off can furnish to the employer notice of intention to claim redundancy. If the employer considers the person is not entitled to redundancy, they must furnish a counter-notice denying liability for the redundancy within 7 days after being serviced by the employee of the notice of claim.

Should the employees right to retain their position be considered in a redundancy situation by the employer ?.

Yes. A genuine consultation process with the employee prior to redundancy is very important or a breach of the Unfair Dismissals Acts may be found.

What are the 9 grounds of the Employment Equality Act ?

The Gender ground, Race ground, Marital Status ground, Family Status ground, Sexual Orientation ground, Religious Belief ground, Age ground, Disability ground, Membership of the Traveller Community ground.

Legal Costs

We have a consultation fee cost and details of same will be provided to the person when they call for a consultation.

If we are acting for an employee to bring a case or an employer to bring or defend a case, after the the initial consultation and paper review, a client we act for will be provided with the total bill at the outset for the legal work, so will know what the total cost is.

Constructive Dismissal

If you wish to know more about constructive dismissal matters we have information posts you can see here and here.

Tupe Regulations

If you wish to know more about the TUPE relations matters we have information post you can see here.

Disability Discrimination in the Workplace

If you wish to know more about this if this is of relevance to you, you can get preliminary information on the matter here.

Protected Disclosures Law

If you wish to know more about this you can read about it here and here.

Redundancy Ireland Guide

If you wish to know more about this you can read about it here.

Do You Need Advice on Employment Law ?

Employment Law Information Posts

Employment Law Advice Ireland

employment law

Do You Need Advice on Employment Law ?

Right to Disconnect

Right to Disconnect Since covid-19 there has been a huge change in work practices in terms of the place of work for many employees. Now many employees are working at home, and there is much talk of employers responsibilities regarding employees health and safety while working at home and an employees Right to Disconnect. In…

Continue Reading Right to Disconnect

Workplace Investigations Ireland & Fair Procedures

Workplace Investigations Ireland & Fair Procedures Receiving a letter from your employer stating you have been invited to an ‘Investigation Meeting’ can be an unpleasant experience. In our experience workplace investigations are either run well or they are not, and there is a significant difference and implication for the employee between the two. The person…

Continue Reading Workplace Investigations Ireland & Fair Procedures

Contact Details

Ormond Building, Ground Floor
31-36 Ormond Quay Upper
Dublin 7

Tel: (01) 546 1121

Online Consultations: Available.

General Email: info@clearysolicitors.com

Law Chambers, Market St
Co. Tipperary

Tel: (052) 612 1999

Online Consultations: Available.

General Email: info@clearysolicitors.com


Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.