Byrne Wallace Shields

Byrne Wallace Shields LLP is one of Ireland’s largest full service law firms. A forward thinking Irish law firm, we focus on securing the best possible outcomes for our clients and are dedicated to the protection and promotion of our clients’ interests through the provision of expert legal services. Our expertise is borne out of half a century of delivering high professional standards and developing some of the most talented lawyers in Ireland.

 Our Employment Team

Byrne Wallace Shields LLP is the home of employment law in Ireland. We are consistently recognised, nationally and internationally, as a leader in employment law. We have unrivalled experience advising large domestic and international clients, both private and public, across all industry sectors. We are particularly renowned for excellence in client service and having a proven track record advising on complex and novel employment issues.

We are consistently ranked as top-tier by Legal 500 and Chambers Europe. The firm is also the only top ten Irish law firm accredited with the Lexcel international standard of excellence in practice management and the ISO information security.

At Byrne Wallace Shields LLP, we provide an award-winning, practical and commercially focused partner-led service. Our delivery model has been developed to ensure that clients receive excellent effective service from an expert senior lawyer.

Employment Law in the Republic of Ireland (Ireland)

Employment law in Ireland is governed by common law, an extensive statutory framework (some of which has its origins in European Union law) and a range of fundamental rights protected by the Constitution of Ireland.

The core documentation governing the employment relationship in Ireland in practice is (i) a written contract of employment (which is common at all levels and across all sectors) and (ii) an employee handbook containing company/HR policies (which is typically provided to employees in conjunction with the contract of employment).

Probationary periods in the private sector cannot exceed 6 months, save for exceptional circumstances such as where it is ‘in the interest of the employee’ or where an employee is absent during the probationary period.

Employees in Ireland have a wide range of protections under applicable legislation including protection from unfair or discriminatory dismissal, protection from penalisation or dismissal on the grounds of having made a ‘protected disclosure’ (i.e. a whistleblowing complaint) and protection against unlawful deductions of wages by an employer.

Irish law places significant emphasis on fair procedures being afforded to employees (e.g. right to know the case against him/her, a right to reply, a right to a fair and impartial hearing), particularly in the context of conduct-related dismissals.

Statutory employment law claims and disputes are dealt with through statutory forums (namely, the Workplace Relations Commission (“WRC”) or the Labour Court (on appeal)), which sit outside the civil courts system in Ireland.

The forms of statutory leave available to parents include maternity leave, adoptive leave, paternity leave, parent’s leave and parental leave.  There is no obligation on the employer to pay employees during these leave periods but a State benefit is available in most cases.

A statutory sick pay scheme was introduced, for the first time in Ireland, on 1 January 2023.

Trade union membership in Ireland is relatively low (particularly amongst multinationals).  Unions are generally more prevalent in the public sector than in the private sector.

European and local level works councils are provided for under statute but, in practice, works councils are rare in Ireland.

The Irish government has proposed introducing a pensions auto-enrolment scheme in 2024.