Employment

In so doing, our guiding principles are to ensure an adherence to the rule of law, compliance with statutory obligations, an appreciation of the human element of the employment relationship, the use of alternative dispute mechanisms, the minimisation of cost and, to the extent possible, the elimination of risk.

Services include

Pre-Employment

• Advising on aspects of recruitment (as a defence to claims for discrimination under the Employment Equality Acts), including note retention, appropriate questioning, drafting letters of offer, suitable conditions (medical, reference, entitlement to work, etc.).
• Advising of all aspects and risks of the recruitment process.
• Drafting Contracts of Employment.
• Drafting Employee Handbooks and Policies (with emphasis on structure and culture of the employer).

Probation

• Drafting probation clauses.
• Advising on employees’ rights (due process and fair procedures) during the probation period.
• Advising on termination within the probation period.

Managing the Employment Relationship

• Advising on performance related issues and performance improvement plans (“PIPs”).
• Drafting Grievance Policies.
• Assisting employers in “navigating” grievances.
• Drafting Bullying and Harassment Policies.
• Assisting employers in “navigating” bullying and harassment complaints.

Mediation

• Advising on and attending mediations to facilitate resolution of workplace issues.
• Advising on choice of Mediator and participating with the client in the mediation process.
• Drafting Terms of Settlement arising from mediation.

Disciplinary

• Advising on all aspects of investigative and disciplinary processes.
• Setting out the practical steps, including the drafting of Terms of Reference and necessary communications.
• Providing immediate and “real time” advice as the process unfolds.
• Advising in relation to the conduct of appeals to ensure due process and adherence to fair procedures.
• Advising on High Court Injunctions in the context of disciplinary proceedings.

Termination

• Negotiation and drafting Termination Agreements and Confidentiality Agreements.

Redundancy

• Assisting clients through the redundancy process.
• Setting out the legal framework.
• Setting out the practical steps (individual or collective).
• Advising on consultation requirements.
• Drafting necessary communications.
• Providing immediate and “real time” advices as the process unfolds.

Post Termination Restraints

• Drafting post termination restraints, in particular in the areas of confidentiality and non-solicitation.
• Preparing “cease and desist” letters.
• Advising on and bringing High Court actions seeking injunctions to restrain breaches relating to non-solicitation, interference with customers and confidentiality. 

Advocacy and Representation

• Appearing before the Workplace Relations Commission and the Labour Court.
• Instructing counsel with comprehensive Statement and Instructions and Brief for Counsel and co-ordinating the defence of claims.
• Appearing before the High Court with counsel in the prosecution and defence of employment related claims.

TUPE

• Advising on the Transfer of Undertakings Directive and on information and consultation requirements.
• Drafting necessary communications.
• Advising on the extent of terms and conditions transferred and the implications for pension entitlements and pre and post transfer situations.

Protected Disclosures

• Advising on the Protected Disclosures Act, 2014.
• Defending Injunctions by “whistle blowers” and providing advices, in particular in the context of ongoing internal processes such as disciplinary hearings.

General Advisory

• Providing in-house seminars on various aspects of employment law.
• Emphasising practical management tools (e.g. how to handle bullying and harassment complaints).
• Preparing and facilitating “role play” tutorials as a teaching device to assist management.
• Providing practical and succinct updates on developments in employment law.
• Analysing case law and updating precedent policies and contracts to take account of such developments.