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Announcing our series of country-by-country guides
The Republic of Ireland provides the focus for the first in our new series of guides to employment law in Europe. Each one will provide an overview of the key aspects of law in the following areas:
- recruitment;
- pay and benefits;
- employee rights;
- contracts of employment;
- training;
- equal opportunities;
- industrial relations;
- health and safety; and
- termination of employment.
News
Government finalises illegal working codes of practice
The government has published the final versions of its codes of practice on civil penalties for employing illegal workers and avoiding discrimination when preventing illegal working.
Airbus UK Ltd v Webb
The Court of Appeal has overturned an EAT finding that when an employer is determining whether or not to dismiss an employee, it can never take into account an expired warning.
James v London Borough of Greenwich
The Court of Appeal has held that employment tribunals should imply a contract of employment between an agency worker and an end user only on the grounds of necessity.
Coleman v Attridge Law and another
The Advocate General has said that the Framework Employment Directive (2000/78/EC) does cover direct discrimination and harassment against an employee on the ground of his or her association with a disabled person.
How to discipline employees during pregnancy or maternity leave
XpertHR looks at the issues to be taken into account when taking disciplinary action against employees during pregnancy or while they are on maternity leave.
Casenotes
Territorial jurisdiction: Bleuse v MBT Transport Ltd
The EAT holds that a German employee not based in Britain could not pursue claims for unfair dismissal and unlawful deductions from wages before the employment tribunal, notwithstanding that his contract of employment was governed by English law. However, he could pursue a claim for unpaid holiday pay because the right to paid annual leave under the Working Time Regulations 1998 implements a directly effective European right that domestic courts must seek to enforce.
Equal pay: Winder v 1) Aston University 2) Campbell and Aston University v 1) Campbell and 2) Winder
The EAT holds that jobs that have changed over time may count as one “employment” for the purposes of the six-month time limit under the Equal Pay Act 1970, unless the changes, in effect, involved different contracts.
Statutory dispute resolution procedures: O’Neil v Wooldridge Ecotech Ltd
The EAT holds that, where an employee was dismissed the day after alleged misconduct on his part, the modified dismissal and disciplinary procedure did not apply.
Model policies and documents
Policy on reintroduction into the workplace on return from maternity leave
Use this document to give guidance on ensuring employees’ smooth reintroduction to the workplace on their return from maternity leave.
Letter to an employee returning from maternity leave
Use this document shortly before an employee is due to return from maternity leave to remind her of her due date of return and to set out any arrangements for her return to work.
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