Employment Law Solicitors Ireland

At Cleary & Co. Solicitors we have significant experience advising both employees and employers with respect to employment relationship matters, redundancy matters, representing parties at case hearings and dealing with workplace disputes.

There is a massive volume frankly of legislation in Ireland with respect to Employment Law and we assist clients with problem solving at whichever stage the employer–employee legal relationship is at.

We deal with cases with respect to protected disclosures, unfair dismissal, redundancy matters, maternity leave breaches, workplace discrimination, harassment, bullying and equality act related cases.

If you wish to speak to specialist employer solicitors our contact details are on our contact us page of our website.

We have information posts below and you may find some helpful information relevant to you.

Employment Law Ireland

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 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.

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.

Do You Need Advice on Employment Law ?

Employment Law Information Posts

Specialist Employment Law Solicitors

If you wish to speak to a solicitor we can be contacted at

Tel:(01) 546 1121 or Tel: (052) 612 1999 and General Email: info@clearysolicitors.com

Employment Law Ireland

We can assist employers with drafting employment contracts, understanding employee contact and legislative rights and entitlements, review of workplace policies and procedures, maternity leave obligations, defending claims etc.

We can assist employees to understand their rights and entitlements. Many employees are understandably unaware of their rights as there is so much law in this area. We can assist with bullying, harassment, dismissal, redundancy, protected disclosure matters and representing them at case hearings and to resolve disputes.

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…

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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…

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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.