Littler Global Guide - Ireland - Q2 2017

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2017 Global Guide Quarterly updates

Data Protection Commissioner Deals with the Use of Photographs and Audio Recording in Disciplinary Processes

Precedential Decision by Judiciary or Regulatory Agency

Authors: Fleur O’Shea, Associate & Stephen Kane, Solicitor — ByrneWallace

The Office of the Data Protection Commissioner (ODPC), the body in Ireland responsible for upholding the data protection rights of individuals, recently published its annual report for 2016. The report contained an interesting case study that will undoubtedly be welcomed by Irish employers. The ODPC confirmed that no breach of the Data Protection Acts 1988 and 2003 had occurred when photos and audio recordings of a sleeping employee were taken by the employee’s supervisor and passed to the employer for disciplinary purposes.

Government Approves Priority Drafting of Legislation to Affect Zero and Low Hours Contracts

Proposed Bill or Initiative

Authors: Loughlin Deegan, Partner & Stephen Kane, Solicitor — ByrneWallace

The Irish Government has proposed draft legislation that would significantly affect the operation of zero hours and low hours contracts in Ireland. The proposals would prohibit zero hours contracts, except in cases of genuine casual work or emergency cover or short-term relief work for an employer. The proposals would affect any employee on low hour contracts who consistently works more hours each week than is provided for in his or her contract of employment.

New Proposed Draft Legislation on Gender Pay Gap Reporting

Proposed Bill or Initiative

Authors: Emmet Whelan, Partner & Aoife Clarke, Solicitor — ByrneWallace

A Bill has been drafted, the Irish Human Rights and Equality Commission (Gender Pay Gap Information) Bill 2017, which requires employers with 50 or more employees to publish information relating to employee pay for the purpose of showing whether there are differences in the pay of male and female workers and, if so, the nature and scale of such differences. The Bill is modelled, to a large extent, on the equivalent gender pay gap information regulations in the UK. Under the Irish Bill, the Irish Human Rights and Equality Commission can put in place a scheme to require such employers to regularly report on their gender pay gap. While the ultimate shape and form of what such a scheme could look like remains to be seen, the Bill makes provision for any contravention of such scheme to constitute an offence attracting a fine of up to €5,000.

Corporate Immigration: Recent Irish Developments


Authors: Emmet Whelan, Partner & Aoife Clarke, Solicitor — ByrneWallace

Immigration is a major talking point in the US and the UK and will feature as a significant element of the upcoming Brexit negotiations. The position of Irish citizens living in the UK and UK citizens living in Ireland will need to be addressed, as will the continuation of the Common Travel Area, which allows easy movement of labour between the two countries. There have been a number of important recent developments in this area in Ireland.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.