Lewis Silkin - Insights and News

Ireland: Applying for Irish Citizenship? Do you need to cancel that break to chase the final summer sun?

16 August 2019

On 24 July 2019 the High Court ruled in Roderick Jones v Minister for Justice and Equality that no applicant seeking naturalisation in Ireland can be granted citizenship if they have spent a single day outside of Ireland in the year immediately preceding their citizenship application.

Ireland: Increase in parental leave entitlements from 1 September 2019

31 July 2019

In the latest development of plans to extend parental leave in Ireland, the Minister for Justice, Charlie Flanagan, signed the commencement order for the Parental Leave (Amendment) Act 2019 on 23 July 2019.

Ireland: Luas driver re-engaged as dismissal held to be a disproportionate sanction

25 July 2019

A recent Labour Court decision reminds employers that they could be ordered to re-employ employees they have unfairly dismissed. Employers should also consider whether dismissal is a proportionate response to a disciplinary issue even in situations where the employee admits misconduct and the employer has followed a fair procedure.

Employment benefits - a tool for attracting talent in Ireland?

28 May 2019

Diageo’s recent announcement offering 26 weeks paid parental leave to all employees in Ireland, regardless of gender or sexual orientation or whether they became parents biologically, through adoption or surrogacy, is commendable.

Ireland - Gender Pay Gap Information Bill 2019 aims to ensure compliance and enforcement

08 May 2019

The measures contained in the Gender Pay Gap Information Bill 2019 (“the Bill”), published on 4 April, show that the Irish Government is taking gender pay gap (“GPG”) reporting seriously. The Bill proposes to introduce various mechanisms, available to different groups of interested parties, designed to ensure that companies and government bodies comply with their GPG reporting obligations.

Adult re-entry visas abolished in Ireland from 13 May

17 April 2019

A welcome announcement from the Minister for Justice and Equality means that from 13 May 2019, visa required nationals who hold a valid Irish Residence Permit (IRP) or Garda National Immigration Bureau (GNIB) card will no longer need to apply for a re-entry visa to travel back to Ireland. It is sufficient for them to show their IRP/GNIB card for visa purposes.

New Employment Permits Regulations in Ireland

16 April 2019

The Employment Permits (Amendment) Regulations 2019 ('the Regulations') will take effect from 22 April 2019. They will be a welcome relief in certain sectors struggling to fill roles with EEA citizens.

Dublin LS Mixer @ 6 - the in-house network you should be at!

27 March 2019

Lewis Silkin was delighted to host its first Dublin LS Mixer @ 6 this month for in-house counsel working in the creative, innovative and brand centric sectors in Ireland. The mixer is an opportunity for in-house counsel to hear from Lewis Silkin on the burning issues in their industry but also (and more importantly) to network and benchmark with fellow in-house counsel.

"Play the whistle!" - Whistleblowing in Ireland

26 March 2019

It seems that the FAI does not just have to worry about the results on the pitch as the qualification campaign for Euro 2020 kicks off, or the fact that they owed their CEO a significant sum of money (while also paying his rent) some time ago.

"You ate my sandwich" - monitoring employees in the workplace

22 March 2019

I would never give up a meal but I certainly wouldn’t begrudge someone a taste (unless they were a sibling – that’s a different story). I would trust my fellow employees to keep their distance but if my lunch started to disappear daily I’m not sure what I would do - maybe a simple note, a lunch box with a lock, surveillance? – possibly too far but if your employer had to set up CCTV to protect your soup and sandwich, the question arises as to what level of monitoring can be undertaken by an employer and what expectation of privacy do employees have at work?

Jumping on the bandwagon – New Irish law introduced to provide security and predictability of working hours for employees on insecure contracts and those working variable hours

23 January 2019

The President of Ireland Michael D Higgins signed the Employment (Miscellaneous Provisions) Act 2018 (“the Act”) into law last month on Christmas Day, although it is not due to come into force until the first week of March. This gives employers some time to consider the changes the Act will implement, time to update working practices, policies and contracts, and time to “jump on the bandwagon” (pun intended – see below).

Gender pay gap reporting in Ireland

05 December 2018

Gender pay gap reporting laws are coming soon to Ireland.

Ireland: Recent case law on an employer’s duty of care in PTSD/psychological injury cases

27 November 2018

Cases from the courts continue to emphasise the duty of care on employers to take reasonable steps to protect their employees from the reasonably foreseeable harm which may arise as a result of treatment by other employees, even where such behaviour might not amount to bullying in the workplace.

The gig economy and employment law in Ireland

19 November 2018

The origins of the “gig economy” can be traced back to the worldwide recession in 2008/2009, when people began to take on shorter term freelance “gig” type roles (involving personal service) which went outside the normal parameters of the employer/employee relationship. Very quickly, internet applications to host those services and put users in touch with the service providers came into being. These applications are now called platforms. While technology has kept up with the increase of these platforms, employment law has not, particularly in Ireland.

Retirement and age discrimination – recent developments in Ireland

30 April 2018

According to latest statistics, claims of age discrimination made up 14% of cases raised by members of the public to the Irish Human Rights and Equality Commission (“IHREC”) under Irish employment legislation. Compulsory and contractual retirement ages in particular have become an increasing area of litigation in Ireland in recent times.

Workplace Relations Commission Code of Practice on Longer Working

28 March 2018

At the end of 2017, the Workplace Relations Commission published a Code of Practice on Longer Working (the “Code”). The Code contains guidance for employers and employees on managing the run up to retirement and dealing with requests to work beyond retirement. This has been an area of increasing focus for employers over recent years as the proportion of older workers continues to rise.

Setting up in Ireland?