Changing or varying the terms and conditions of a contract of employment can only be done with the agreement of the parties. An employer is leaving him/herself open to a successful claim if he imposes changes to a contractual entitlement unilaterally. It is worth noting that agreement can be express, implied, or by acquiescence. (See … Read more
If you are an employer you are in danger of leaving yourself wide open to expensive claims by your employees should you fail to follow some basic but essential steps in your employment relationship with your employees. In addition to settling successful claims brought by employees you also run the risk of fines and other … Read more
Providing for termination of the employment contract is an important term of the contract of employment, one which the employer needs to take care over, particularly the notice period. There are a number of important considerations to think about such as The notice period The reason(s) for termination. Notice period An agreed notice period is … Read more
Before entering into a contract of employment there are three areas that an employer needs to consider carefully. These areas can be broadly categorized as follows: Advertising the position Interviewing for the job Conditions precedent. Job Advertising Advertising the job can be fraught with danger for the employer as it is easy to fall foul … Read more
It is vitally important for both employers and employees to understand who is considered to be an employee in Irish law versus the worker being an independent contractor. Clearly an independent contractor will not enjoy the benefits of Irish employment legislation. Contract of service or contract for services? The vital difference is that an employee … Read more