We provide comprehensive legal counsel to employers ranging from small-to-medium enterprises to large multinational corporations. Our expertise ensures that your business is protected through meticulously tailored contracts and workplace policies that reflect the unique culture and requirements of your industry.
Employment law is one of the most complicated areas of the law –the law specific, and complex – and should only be handled by specialist employment solicitors.
Employment law issues can become costly, time-consuming and stressful if you do not handle them quickly. With our help, you can develop the right policies to ensure legal compliance, or proactively resolve problems before they grow.
Acknowledged as leading practitioners in this complex field, our employment solicitors led by Partner David O’Riordan understand the imperative to help keep careers on track at the same time as seeking to ensure that justice is done. With this in mind, we are here to offer prompt, authoritative legal advice and representation anywhere in Ireland. When you call SOR Solicitors LLP, you will always be sure that your case will be dealt with expertly and efficiently.
Up-to-date employment contracts are essential for ensuring that your business remains fully compliant with the latest legislative amendments and evolving judicial precedents. By regularly revising these documents, employers can effectively integrate new protections regarding data privacy, remote working arrangements, and restrictive covenants that safeguard proprietary interests. Ultimately, maintaining current agreements minimizes the risk of costly litigation by providing a clear, legally sound framework for managing modern workplace dynamics.
When disputes arise, they frequently stem from an employee’s misunderstanding of specific clauses they have already breached. A definitive written agreement “nips these disputes in the bud” by providing an objective reference point for conduct and performance standards.
From a legal perspective, the contract should clearly outline:
Beyond the individual contract, an employer’s internal handbook and policies form the secondary layer of legal protection. These documents must be regularly reviewed and updated to remain compliant with evolving labour laws and judicial precedents. Effective policies regarding social media usage, “moonlighting” (secondary employment), and dress codes allow for a harmonious workplace where boundaries are clearly defined. Furthermore, in an era of increasing regulatory scrutiny, having established procedures for grievance and disciplinary actions is essential to minimize the risk of fines, penalties, and reputational damage. Our solicitors work collaboratively with your management team to ensure that your business remains in the strongest possible legal position, allowing you to focus on growth and innovation.
Sherwin O’Riordan Solicitors provides comprehensive advice on Employer Employment Law issues. Our experienced solicitors will:
Every time I call James, or one of his partners, I get them and they deal with any issues I have with a minimum of fuss and commercial approach. They also have a genuine interest in my company. As a result, they are now our first call before we make a decision to do anything that might impact our business in any way. Their knowledge and service are second to none.
We simply cannot fault the service we receive from SOR. They have specialist solicitors in each area where we need advice and we’ve had contact with 4 different partners during the last 14 months, and the experience has been the same each time. Really really good.
We were really impressed with the practical approach and commercial sense both partners brought to our transaction. Their knowledge on the financial documents and commercial agreements was impressive but it was their ‘always reachable’ attitude that impressed us most.
We are an industry leader in the area of high end pizza creation and delivery. We have many legal requirements from commercial agreements to employment law advices. Sherwin O’Riordan are always there to steer us through all our legal issues and the fee level is always very reasonable.
We are a growing software firm, with an international blue chip customer base. We have found the Sherwin O’Riordan team to be reliable, very responsive in cases of tight deadlines, business focused and have given us sound commercial legal advice.
Deirdre is a superbly able and effective strategy and policy professional. She has the rare combination of not only the ability to understand and distill complex issues but also the skills to communicate with a variety of people across organisations and at different levels. Deirdre has a tremendous depth of knowledge and experience of Irish regulatory, technology and legal fields. I would have no hesitation in recommending Deirdre.
Where others flapped and embellished, Deirdre cut through the noise, understood our needs and delivered the results we required. Having worked with may corporate law firms over the years their ability to waste time and resource on long winded, jumped up documentation still leaves me flabbergasted, thankfully not the case with Deirdre. Could not recommend highly enough for Data Protection and Commercial Contract support/advice.
We are always impressed with the practical approach and commercial sense that the partners bring to help resolve our legal issues. Their knowledge of employment law in particular is excellent but it is their ‘always reachable’ attitude that impresses us most.
We have many legal requirements from commercial agreements to employment law advice. Sherwin O’Riordan are always there to steer us through all our legal issues and the fee level is always very reasonable.
In the modern corporate landscape, the relationship between an employer and an employee is governed by a complex web of statutory obligations, common law principles, and contractual agreements. For a business to maintain operational stability and mitigate risk, it is imperative to establish a robust legal framework from the outset of the hiring process.
Our team of Employment Law Solicitors in Dublin, Wicklow & Offlay are experts in the field of employment claims and will ensure you achieve the best outcome possible.
We offer practical and commercial advice and skilled litigation services and have represented clients in hundreds of employment related matters: legal issues in Employer/Employee Relationship, Representation in Court, the Workplace Relations Commission and the Labour Court, Employment Equality Issues, Bullying Claims and Disciplinary Matters, Trade Disputes, Protected Disclosures/Whistleblowing, Group Reorganisations, Insolvencies, Outsourcing Contracts and Staff Policies and Compliance Advice. Our experienced solicitors will:
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Employers often struggle to distinguish between an employee and an independent contractor. This is critical for tax (PAYE/PRSI) and employment rights. Irish courts apply the “Control Test,” the “Integration Test,” and the “Economic Reality Test” to determine the true nature of the relationship.
Under the Terms of Employment (Information) Act 1994, employers must provide a written statement of five core terms within five days of starting, and a full statement of terms within one month.
Employers often ask if they can dismiss an employee during probation without following full disciplinary procedures. While some flexibility exists, the Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) still suggests a level of fair procedure must be maintained.
Employers must prove that the position is no longer required, not that they simply want to replace the person. Selection must be based on fair and objective criteria (e.g., “Last In, First Out” or a matrix-based approach).
This is urgent leave for family emergencies. Employers often ask about the limits (3 days in 12 months or 5 days in 36 months) and whether it is paid (it is)
The Sick Leave Act 2022 introduced a statutory right to paid sick leave for the first time in Ireland. Employers frequently query the current number of days (currently 5 days in 2024) and the rate of pay (70% of daily earnings up to €110).
Following the 2021 Code of Practice, employers are searching for ways to manage remote and hybrid working while ensuring employees are not pressured to work outside normal hours.
Employers must have a robust Dignity at Work policy. Under the Safety, Health and Welfare at Work Act 2005, failure to prevent bullying can lead to significant personal injury claims or WRC adjudications.
The cornerstone of Irish employment law is “Natural Justice.” This includes the right to be informed of allegations, the right to a fair hearing, and the right to be represented (usually by a colleague or trade union official).
Employers are concerned when an employee resigns and claims they were forced to do so due to the employer’s conduct. The burden of proof shifts to the employee to show the employer’s breach was significant enough to justify resignation.
The Unfair Dismissals Act lists specific fair grounds: capability, competence, qualifications, conduct, redundancy, or “some other substantial reason”.
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