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About Employment Law

We know that employment law is a fast-paced world and that staying on top of all the latest legal developments is a time-consuming job – add this to the time you spend carrying out research and tracking down the right precedents and you have really eaten into the precious hours in your working day.

Starting employment

We cover recruitment, employment contracts, policies, handbooks and more. It’s not just contracts though. Other documents may regulate the employment relationship, such as policies, procedures and collective agreements.

Managing the employment relationship

Sickness and absence is a common occurrence in an employment relationship that brings up multiple legal issues. We offer a range of resources with practical guidance and legal considerations.

TUPE, outsourcing, share. and asset purchases

TUPE 2006 will likely apply when acquiring businesses through an asset purchase. You’ll need to consider due diligence, consultation obligations, employees and liabilities transferred to the buyer.

Stay on top of changes

We know that employment law is a fast-paced world and that staying on top of all the latest legal developments is a time-consuming job – add this to the time you spend carrying out research and tracking down the right precedents and you have really eaten

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Latest Employment Q&As

Q&As
If a self-employed contractor wishes to bring a claim in the County Court on the basis that they are in fact a worker and should have been paid the national minimum wage (NMW); does the time limit for bringing a claim run in respect of each instance of failure to pay the NMW payment, or from the most recent instance?; if the parties did not classify or treat the individual as a worker and therefore not paid the NMW, is this a mistake of law or fact for the purposes of extending limitation under section 32(1)(c) of the Limitation Act 1980?
Q&As
An employer wishes to recognise one or more unions to cover all staff in bargaining units, but in order to have better representation of its non-unionised employees it would also like workforce representatives to participate in a joint consultative committee with union representatives. Are there any issues with this? Can union members be excluded from elections to become workforce representatives?
Q&As
Does the definition of trade dispute in TULR(C)A 1992, s 244 extend to cover the refusal by an employer to voluntarily recognise a Union for collective bargaining? Does a trade union need to be recognised by a particular employer in order for the trade union to call its members who work for that employer to take industrial action?
Q&As
What recourse does an individual employee have in a situation where an employer is considering voluntary recognition of a trade union and the employee does not want the trade union to negotiate on their behalf? Even if the majority support recognition, what about those who don't?
Q&As
Where an employer intends to harmonise their terms and conditions of employment for various employees transferred under TUPE, do they have to consult these employees? If so, should trade unions be consulted if there is a collective agreement in place?
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Associated legal terms

Compromise agreement

An agreement between an employer and employee which settles the employee's employment law claims against the employer, particularly any statutory claims. This sort of agreement was known as a compromise agreement until 29 July 2013 when it was renamed as a 'settlement agreement' by s 23 of the Enterprise and Regulatory Reform Act 2013.

Reasonable adjustments

/ˈriːz(ə)nəb(ə)l/ /əˈdʒʌs(t)m(ə)nt/

A way of preventing discrimination against disabled employees by making changes to ensure that they are not at a disadvantage.

Self-employed

A self-employed person is an individual who works for themselves, usually carrying on a business, trade or profession on their own account, and does not work under a contract of employment. In legal practice, the concept is central to employment status disputes, tax treatment, social security, vicarious liability and pensions.

Across England & Wales, Scotland and Northern Ireland, “self-employed” is a descriptive term rather than a single statutory status, but it is reflected in legislation and case law, including employment rights and income tax provisions. The courts focus on factors such as control, mutuality of obligation, the right of substitution, financial risk, provision of equipment, opportunity for profit, and how the parties have labelled the relationship.

In Ireland, the concept is similarly developed through tax and employment legislation and case law, using comparable multi-factor tests to distinguish employees from self‑employed contractors.

Self-employed status generally excludes the individual from core employee and “worker” protections, such as unfair dismissal and most statutory leave, but may allow greater autonomy and tax deductibility of business expenses. Classification errors can give rise to liabilities for PAYE/PRSI, National Insurance contributions, holiday pay, and regulatory non-compliance.
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