Were you worried in the lead up to GDPR? Has the danger passed? Are you just keeping the head down and hoping for the best? Are you in a good place with respect to compliance or do you still have some concerns but hope the fears generated were exaggerated? Just to remind you new … Read more
Have you ever heard of a latin phrase, “quantum meruit”? You may be thinking that you have not, and you are none the worse for it, either. However, this archaic latin phrase could become your friend some day if you are involved in a dispute about a contract you are a party to. Let … Read more
It’s so easy for the employer to get this wrong. And when employers make mistakes, they can be costly. Unless there has been a fundamental breach of the employment contract by gross misconduct or dishonesty on the part of the employee, warnings are essential to show fair procedures were followed. However, it has been held … Read more
An employment contract in Irish employment law is made up of implied terms and express terms. Implied terms fall into 4 categories: 1. Those implied by statute 2. Terms implied by custom and practice 3. Terms implied by law 4. Terms implied by collective agreements in unionized employment. There is nothing the employer can do … Read more
Whether the change of service providers is covered by the TUPE regulations will depend on the particular facts of the situation. Firstly, it is worth remembering that TUPE covers the transfer of undertakings. To be a transfer of an undertaking it must relate to a stable economic entity whose activity is not limited to performing … Read more