Status, worker categories and sectors

This subtopic provides an overview of the status of EU and non-EU citizens working in Ireland. This subtopic contains the following guidance:

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Practice Note: Ireland—Corporate immigration: Key aspects in Ireland 2024

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Latest Ireland - Employment News

Supreme Court holds that EqA 2010 terms ‘man’, ‘woman’ and ‘sex’ refer to biological sex (For Women Scotland Ltd v The Scottish Ministers)

The UK Supreme Court has unanimously held that the terms ‘man’, ‘woman’ and ’sex' in the Equality Act 2010 (EqA 2010) refer to biological sex rather than ’certificated sex'. the court held that individuals with Gender Recognition Certificates (GRC) do not fall within their acquired gender's definition under EqA 2010. The judgment clarifies that trans people remain protected from discrimination through gender reassignment provisions and can claim sex discrimination if perceived as their acquired gender. The court determined a biological interpretation was necessary for coherent application of EqA 2010 provisions across areas including single-sex spaces, sports participation and pregnancy rights. Dr Michael Foran and Joanne Moseley comment on the implications of the judgment.

Testing the strength of the right to request remote work arrangements

Ireland—Employment analysis: This article was written by Nuala Clayton, Jenny Martin and Joseph Hewitt of William Fry LLP. It examines the statutory right to request remote work arrangements under the Work Life Balance and Miscellaneous Provisions Act 2023 in Ireland. It highlights recent decisions by the Workplace Relations Commission (WRC) regarding complaints from employees whose requests for remote work were not granted. The WRC's decisions reveal limitations in its ability to compel employers to approve such requests, emphasizing that the final decision rests with the employer. The article also discusses potential risks for employers, such as discrimination claims under the Employment Equality Acts.

Collective redundancy—High Court delivers key judgment on the timing of commencement of employee consultations

Ireland—Employment analysis: This article, was written by Duncan Inverarity & Triona Surge of A&L Goodbody LLP. Five years ago, Debenhams closed all its stores in Ireland with the loss of over 1,000 jobs. A huge volume of employment claims followed alleging breach of information and consultation requirements in a collective redundancy.

The Supervisory Review Process—what trustees need to know

Ireland—Employment Service analysis: The Pensions Authority's (the Authority) new Supervisory Review Process (SRP) is a key part of its enhanced regulatory framework for prudential supervision of occupational pension schemes in Ireland.

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