Employment Law (Junior Cert Business Studies): Revision Notes
Employment Law
Employment law in Ireland comes from two main sources: the Irish government and the European Union (EU). These laws work together to create a comprehensive framework that protects the rights of both workers and employers in the workplace.
Both employers and employees receive protection under Irish national and European Union employment legislation.
Sources of employment protection
Employment laws are created at both national and European levels. The Irish government develops laws that address specific needs within Ireland, whilst the European Union creates broader employment standards that apply across all member countries. This dual approach ensures that Irish workers benefit from both local protections and international employment standards.
This dual legal framework means that Irish employment law often provides stronger protections than either system would offer alone, as workers benefit from the most protective elements of both Irish and EU legislation.
A key example of this legal protection is Ireland's minimum wage system, which demonstrates how government intervention helps ensure fair compensation for workers.
Protection of young persons (Employment) Act 1996
This legislation specifically focuses on safeguarding young workers in the Irish workplace. The act recognises that younger employees need additional protections due to their age and inexperience.
Key protections for young workers include:
- Restrictions on working hours to ensure young people can balance work with education and rest
- Requirements for adequate rest breaks during working hours
- Prohibition of night work for young employees
- Restrictions on hazardous occupations to protect their wellbeing and safety
Employers who wish to hire someone under 16 years of age must first obtain a birth certificate and written permission from the young person's guardians. This requirement helps ensure that proper safeguards are in place before young people enter the workforce.
Employment Process for Under-16s:
Step 1: Employer identifies suitable candidate under 16 Step 2: Request and verify birth certificate Step 3: Obtain written permission from parents/guardians Step 4: Ensure work meets all safety and hour restrictions Step 5: Proceed with employment under special protections
The act places specific responsibilities on employers to provide safe and healthy working environments for young workers, recognising their vulnerability and need for additional protection.
Employment Equality Act 1998-2015
This comprehensive legislation promotes workplace equality and prohibits discrimination across Irish workplaces. The act ensures that employment decisions are made based on merit rather than personal characteristics.
Protected characteristics include:
- Gender and sexual orientation
- Age and race
- Religion and disability
- Other personal attributes
The law prohibits discrimination in several key areas of employment, including recruitment processes, promotion decisions, training opportunities, and the terms and conditions of employment contracts.
For employees with disabilities, employers must provide reasonable accommodations. This requirement helps create inclusive workplaces where everyone can contribute their skills.
Reasonable Accommodation in Practise:
A major retailer like Tesco identifies that a wheelchair-using employee needs workplace modifications:
- Install accessible ramps at entry points
- Provide height-adjustable workstations
- Ensure accessible parking spaces
- Modify break room facilities as needed
Result: The employee can perform their job effectively in an inclusive environment.
Unfair Dismissals Act 1977-2015
This act protects employees from being dismissed unfairly by their employers. It recognises that job security is important for workers and their families, whilst still allowing employers to terminate employment for legitimate reasons.
The act specifies that dismissals are unfair when based on:
- Trade union membership or activities
- Religious or political beliefs
- Race, pregnancy, or age
- Membership of the Traveller community
- Sexual orientation
- Making protected disclosures (whistleblowing)
- Taking legal proceedings against an employer
- Seeking maternity leave, adoptive leave, or other statutory entitlements
- Unfair selection for redundancy
When disputes arise about dismissals, the act establishes clear procedures for handling these situations. Employees who believe they have been unfairly dismissed can appeal to the Workplace Relations Commission (WRC), which provides an independent forum for resolving employment disputes.
Unfair Dismissal Scenario:
An employee at Dunnes Stores reports serious safety concerns about faulty equipment to management. Shortly after, the employee is dismissed for "poor performance" despite having a clean record.
This could constitute unfair dismissal based on making protected disclosures, as the timing suggests retaliation for whistleblowing rather than legitimate performance issues.
Health and Safety Act 2005
Workplace safety is a fundamental right for all employees. This act creates a framework that ensures employers take responsibility for creating and maintaining safe working environments.
Employer responsibilities include:
- Providing proper safety training for all staff members
- Supplying appropriate safety equipment and protective gear
- Implementing safety measures to prevent workplace accidents and injuries
- Creating policies and procedures that prioritise employee wellbeing
Employee responsibilities include:
- Following safety procedures and using provided equipment
- Reporting hazards and safety concerns immediately
- Participating in safety training programmes
- Taking reasonable care for their own safety and that of others
Safety in Practise: Supervalu Store
Employer actions:
- Provides training on safe lifting techniques for heavy deliveries
- Supplies safety equipment (back supports, non-slip shoes)
- Implements spill response procedures
Employee responsibilities:
- Uses proper lifting techniques when handling stock
- Wears provided safety equipment
- Reports spillages immediately to prevent slip hazards
- Attends mandatory safety training sessions
National Minimum Wage Act 2000
Ireland maintains a legal minimum wage system that sets the lowest amount an employee can receive per hour for work performed. The government determines this rate through the National Budget process each year.
Minimum wage is the least amount an employee can be paid per hour for work done. Ireland has a legal minimum wage set by the government in the National Budget.
The minimum wage system serves several important purposes:
- It considers the cost of living to ensure workers can meet basic needs
- It promotes fairness in the labour market
- It prevents the exploitation of workers by ensuring they receive adequate compensation for their time and effort
The minimum wage rates may differ across age groups, reflecting different levels of experience and skill development. This approach helps balance the need to protect young workers whilst encouraging employers to provide work opportunities for people at different career stages.
When researching current minimum wage rates, it's important to check the most recent government announcements, as these rates can change annually based on economic conditions and cost of living adjustments.
Remember!
Key Points to Remember:
- Employment law combines Irish and EU legislation to protect both workers and employers in the workplace
- Young workers receive special protections including restrictions on working hours, night work, and hazardous occupations
- Equality laws prevent discrimination based on personal characteristics like gender, age, race, religion, and disability
- Unfair dismissal protection ensures employees cannot be terminated for exercising their legal rights or personal characteristics
- Health and safety laws require employers to provide safe working environments and proper training, whilst employees must report hazards and follow safety procedures