Employment Law & HR Updates: Key Takeaways from 2024 and What to Expect in 2025
Publish Date:Posted 28 days ago
Author:by Robin Hyde
At the outset of 2025, Alastair Purdy LLP, in partnership with Collins McNicholas, hosted a nationwide series of employment law and HR seminars across Athlone, Galway, Sligo, Cork, Limerick and Dublin. These sessions offered a practical and forward-looking overview of key legislative developments, case law, and workplace trends affecting employers in Ireland. Below is a consolidated round-up of the major themes and insights discussed.
Employment Legislation: 2024 and Beyond
The year 2024 brought a wave of legislative changes that significantly reshaped the employment law landscape. Highlights included the introduction of on-the-spot fines for businesses under the Fixed Payment Notice Regulations in January, followed by the rollout of the Code of Practice on the Right to Request Remote and Flexible Working in March.
Looking to 2025 and beyond, employers should be prepared for the national minimum wage increase to €13.50, effective January. The Automatic Enrolment Retirement Savings System is scheduled to launch in September 2025, and Ireland must also transpose the EU Pay Transparency Directive by June 2026. Employers with over 50 staff will soon fall under mandatory Gender Pay Gap reporting obligations, while the Equality (Miscellaneous Provisions) Bill 2024 is also expected to progress.
Retirement and Age Discrimination
Age-related employment policies remain an area of legal scrutiny. The discussion, led by Don McGann, explored recent case law with a focus on the Supreme Court’s decision in Mallon, which reaffirmed that while mandatory retirement ages are permitted, they must be justified by a legitimate aim and applied proportionately.
Legitimate aims may include succession planning, intergenerational fairness, health and safety, or alignment with pension eligibility. Notably, employers are not required to conduct an individual assessment per employee, provided the retirement policy is objectively justified.
Two recent Workplace Relations Commission (WRC) cases illustrated the nuances. In Valentine Reilly v Meath County Council, the employer’s policy was upheld. In contrast, Tom Ronan v An Garda Síochána found the policy disproportionate due to the personal hardship caused.
Employment Permits Act 2024
Gloria Malandra examined the evolving employment permits regime, contextualised by a dramatic rise in permit issuance since 2021. The Employment Permits Act 2024, in force from 2 September 2024, introduces several transformative features.
Key reforms include a seasonal employment permit and updated provisions for dependant/spouse/partner permits. Permit holders can now change employers after nine months without requiring a new permit, provided they remain in the same role. Agencies may now formally employ permit holders who work on assignments with third-party clients.
Other significant changes include the abolition of newspaper advertising requirements for vacancies and new flexibility around internal promotions without triggering new permit applications. The 50:50 rule waiver has also been modified to better accommodate start-ups and micro-employers.
Menopause and Neurodiversity Discrimination
Siobhan McGowan addressed the increasing prominence of neurodiversity and menopause in workplace inclusion policies. Individuals with Autism, ADHD, and Dyslexia continue to face systemic obstacles. While employers are not obliged to hire those unable to perform essential duties, they must make reasonable accommodations, unless doing so would impose a disproportionate burden.
Examples of effective accommodations include quiet workspaces, flexible schedules, assistive technology, and support structures. The Nano Nagle v Daly Supreme Court decision underlined the employer’s duty to explore adjustments, even if redeployment is not required. In Dylan O’Riordan v Omniplex Cork, the WRC awarded €12,000 for failure to accommodate autism appropriately.
On menopause, workplace awareness is rising. Though Irish case law is limited, UK precedents (e.g., Rooney v Leicester City Council) establish that menopause symptoms can meet the definition of a disability. Employers are urged to adopt menopause policies, offer practical support (such as remote working), and train managers accordingly. These steps not only reduce legal risk but help fulfil duties under the Safety, Health and Welfare at Work Act 2005.
Dismissing Senior Executives
Éinde O’Donnell discussed the legal intricacies of terminating senior executives, particularly through so-called “no-fault” dismissals. These terminations involve ending employment with reasonable notice and without citing misconduct, but they carry significant legal and reputational risks.
In Nolan v Science Foundation Ireland, although the dismissal followed allegations of misconduct, the court ruled that formal procedures were not required as the dismissal was not framed as disciplinary. Similarly, O’Donovan v Over-C Technology reaffirmed that procedural fairness is required only where misconduct is alleged, not where performance during probation is at issue.
That said, employers must exercise caution. Once an executive has over 12 months of service, they benefit from unfair dismissal protections, necessitating procedural rigour. Even where this threshold is not met, risks persist under equality law, whistleblower protections, and health and safety frameworks.
Remote Working and the Work Life Balance Act
Robin Hyde concluded with an overview of remote working rights under the Work Life Balance and Miscellaneous Provisions Act 2023. The Act sets out a formal process for requesting remote work, including an eight-week notice period. Employers are obliged to consider the request in light of business needs and respond in writing within four weeks.
Where requests are granted, a formal agreement must be documented. Where denied, the employer must give written reasons. While the WRC may assess whether an employer followed the statutory process, it cannot evaluate the substantive fairness or logic of the employer’s decision.
Recent WRC cases, some involving major tech companies, demonstrate that procedural compliance is the key determinant of success in disputes. While the framework offers clarity, its effectiveness in resolving employer-employee tensions over remote work remains a work in progress.
Conclusion
These employment law updates mark a transformative period for Irish workplaces. From evolving equality standards to procedural reforms and future-facing pension schemes, employers must take a proactive, policy-driven approach to compliance. By implementing thoughtful policies, offering reasonable accommodations, and staying ahead of legislative deadlines, businesses can mitigate risk while fostering inclusive and legally sound work environments.
For tailored advice or to review your organisation’s employment practices in light of these developments, please get in touch with Alastair Purdy LLP.
Collins McNicholas host an annual Employment Law Event for business owners, hiring managers and HR professionals in conjunction with Alastair Purdy LLP. This event addresses employment law issues at work, from employment equality and terms and conditions through to termination of employment and employees’ rights, as well as information on new and amended regulations and rates.
For tailored advice or to review your organisation’s employment practices in light of these developments, please get in touch with Alastair Purdy LLP.
Robin Hyde Partner at Alastair Purdy & Co Solicitors
