Contracts and Dismissals
Written Employment Particulars
An employment contract is a contract constituted by the undertaking of one party (the employee) to perform work as instructed by the employer and of the other party (the employer) to provide work for the employee and pay wages. According to section 01 of Terms of Employment (Information) Act 1994, contract of employment is a contract of service or apprenticeship and any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract) whether the contract is express or implied. If the contract is express, it may be oral or written. Thus, the above act does not require an employment contract to be in written form. Anyone who works for an employer for a regular wage or salary automatically has a contract of employment, whether written or not. The Terms of Employment (Information) Act provides that an employer must issue its employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. It must include the full name and address of the employer and the employee, place of work, nature of the work, date of commencement, expected duration of employment (for a fixed term contract), wages, terms of salary payment, pay reference period, working hours, terms or conditions relating to paid leave (other than paid sick leave), any terms or conditions relating to incapacity for work due to sickness or injury, any terms or conditions relating to pensions and pension schemes, periods of notice and a reference to any collective agreements which affect the terms of employment.
In line with an amendment in the Terms of Employment (Information) Act in 2018, employers are required to issue a statement of employment terms and conditions within 5 days of the commencement of the employment relationship. The statement must include information on the employer and employee, the employer's address, duration of fixed-term contract and its expiry date (or contract for temporary employment and its duration), rate and method of wage calculation, and normal daily and weekly working hours.
An employer who, without reasonable cause, fails to provide an employee with a statement of employment terms and conditions, within one month of the date of the commencement of that employee’s employment, is guilty of an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.
The Employment (Miscellaneous Provision) Act 2018 has been enacted to address the precarious employment liabilities. The Act provides that:
-
Employers must provide the five core terms of employment within the initial five days of work;
-
Zero-hour contracts are restricted
-
The Act has defined a banded-hours system as “where an employee's contract of employment or statement of terms of employment does not reflect the number of hours worked per week by an employee over a reference period, the employee shall be entitled to be placed in a band of weekly working hours”
The banded system is introduced, where the employee contract does not reflect the actual working hours.
Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 came into force, employers must provide two sets of written particulars: a Day 5 statement covering core terms within 5 days of commencement, and a fuller written statement within 1 month. The fuller statement now has to cover more detail than before, including the pay reference period, place of work, job title or a description of the work, hours (including overtime terms), training entitlement and probation terms.
Where the employee’s work pattern is wholly or mostly unpredictable, the written statement must also identify the reference hours and reference days within which work may be required, together with the guaranteed paid hours (if any) and the applicable notice arrangements. The legislation also expressly provides that, where the statutory information requirements for such arrangements are not met, the employee may refuse to work during the reference hours and days predetermined by the employer without adverse consequences.
Employees also gained a statutory right to request a form of employment with more predictable and secure working conditions, and an employer may restrict parallel employment only on objective grounds.
Under the Work Life Balance and Miscellaneous Provisions Act 2023, an employee may make a written request for a remote working arrangement, but an approved arrangement cannot begin until the employee has completed 6 months’ continuous service. The employer must consider the request and respond within the statutory time limits, having regard to the employee’s needs, the employer’s needs and the WRC Code of Practice.
For non-EEA nationals, Ireland’s new Employment Permits Act now includes a seasonal employment permit. That permit is short-term and is intended for seasonally recurrent work, with a maximum duration of 7 months in a calendar year.
Source: §15, 16, of the Employment (Miscellaneous Provision) Act 2018; §3 of the Terms of Employment (Information) Act; Under S.I. No. 686/2022; European Union (Transparent and Predictable Working Conditions) Regulations 2022; §9 of the Employment Permit Act, 2024
Fixed Term Contracts
Fixed-term contracts are permissible under the Irish legislature with certain conditions. The legislation also allows hiring fixed-term contract workers for tasks of a permanent nature. According to the Protection of Employees (Fixed Term) Work Act, employees cannot remain on a series of fixed-term contracts indefinitely. If an employee whose employment commenced prior to the 14th July 2003 accrues three years of continuous service as a fixed-term employee, when that employee’s contract comes up for renewal on or after the 14th July 2003, the employee can only be offered one further fixed-term contract. This renewal on a further fixed-term basis cannot be for more than one year. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration. If an employee who commenced employment on a fixed-term basis on or after 14th July 2003 has had two or more fixed-term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.
After this, if the employer wishes to renew the employee’s contract, it must be an open-ended contract. However, the above-mentioned rules do not apply when there are objective grounds justifying the renewal of a contract of employment for a fixed term only.
The Unfair Dismissal Acts 1977–2007 also contain a provision aimed at ensuring that successive temporary contracts are not used by the employer in order to avoid that legislation. Where a fixed-term or specified-purpose contract expires, and the individual is re-employed within 3 months, the individual is deemed to have continuous service.
After completing a minimum of 6 months of continuous service, an employee, having finished their probationary period, may request more predictable and secure working conditions. The employer must provide a written reply with reasons within one month. A worker can make such a request once every 12 months. If a subsequent similar request is made by the same worker with an unchanged situation, an oral reply is permissible.
Source: §9-10 of the Protection of Employees (Fixed Term) Work Act; 6F of the Terms of Employment (Information) Act 1994
Probation Period
The contract can include a probationary period and can allow for this period to be extended. If an employee is on probation, he or she cannot rely on unfair dismissals legislation unless he or she has more than one year's service, or is dismissed for trade union membership or activity, pregnancy-related matters, parental leave, adoptive leave, carer’s leave, or claiming maternity rights. Rights such as information on matters like terms of employment, holidays and pay slips apply to an employee even while he or she is on probation. Since the Unfair Dismissals Acts 1977-2007 don’t apply to the workers whose duration of probation or training is one year or less and are specified in the contract, we can infer from this provision that the maximum duration of a probation period is 12 months. Shorter trial periods may be agreed between the parties, but claims under statutory unfair dismissal legislation are not normally possible until after 12 months.
The Regulations specify that probationary periods in the private sector cannot exceed 6 months (12 months for public servants). However, under exceptional circumstances, extensions beyond 6 months are allowed, up to a maximum of 12 months. It should be the exception, not the norm, for organisations to extend probationary periods, and any extension for an individual employee should not surpass an additional 6 months (with a recommendation not to go beyond 11 months), serving the employee's interest and in case of the employee’s absence from work.
For employees on fixed-term contracts, the probationary period should align with the contract's duration and job nature. If a fixed-term contract is renewed for the same functions, no new probationary period is required. For instance, a one-year fixed-term contract may have a three-month probationary period instead of the typical six months in a permanent contract.
Source: §6D of the Terms of Employment (Information) Act 1994; §9A of the Protection of Employees (Fixed-term Work) Act 2003 amended; S.I. No. 686/2022 www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html
Termination of Employment
Under Irish law, termination may occur with notice, without notice where the facts justify summary dismissal, by reason of redundancy, on expiry of a fixed-term contract, or through constructive dismissal where the employee resigns because of the employer’s conduct. In case of “gross misconduct” by the worker, the employer must still be able to justify the dismissal and to show fair procedures where the Unfair Dismissals Acts apply.
For statutory notice, the Minimum Notice and Terms of Employment Acts govern the minimum notice an employer must give, subject to the employee’s length of service and any longer contractual notice.
Collective redundancy obligations are dealt with under the Protection of Employment Act 1977, not the 1997 Act. Where the statutory thresholds are met, the employer must consult employee representatives in good time and must notify the Minister before the dismissals take effect.
Under the Workplace Relations Act 2015, first-instance unfair dismissal complaints are heard by a WRC adjudication officer, with an appeal to the Labour Court. The general time limit remains 6 months, extendable to 12 months where reasonable cause is shown. The main remedies are reinstatement, re-engagement and compensation, usually capped at 104 weeks’ remuneration under the Unfair Dismissals Acts, subject to special rules in some categories of case.
Source: 7(2) of the Redundancy Payment Act, 1967; 34(4) of the Employment Equality Acts 1998;6, 8 of the Minimum Notice and Terms of Employment Act 1978; 6, 9 & 10 of the Protection of Employment Act 1997; 5-11, & 19 of the Unfair Dismissals Act, 1977
Regulations on Employment Security
- Organisation of Working Time Act, No. 20 of 1997, last amended 2003
- Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997, S.I. No. 475/1997
Written Employment Particulars
An employment contract is a contract constituted by the undertaking of one party (the employee) to perform work as instructed by the employer and of the other party (the employer) to provide work for the employee and pay wages. According to section 01 of Terms of Employment (Information) Act 1994, contract of employment is a contract of service or apprenticeship and any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract) whether the contract is express or implied. If the contract is express, it may be oral or written. Thus, the above act does not require an employment contract to be in written form. Anyone who works for an employer for a regular wage or salary automatically has a contract of employment, whether written or not. The Terms of Employment (Information) Act provides that an employer must issue its employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. It must include the full name and address of the employer and the employee, place of work, nature of the work, date of commencement, expected duration of employment (for a fixed term contract), wages, terms of salary payment, pay reference period, working hours, terms or conditions relating to paid leave (other than paid sick leave), any terms or conditions relating to incapacity for work due to sickness or injury, any terms or conditions relating to pensions and pension schemes, periods of notice and a reference to any collective agreements which affect the terms of employment.
In line with an amendment in the Terms of Employment (Information) Act in 2018, employers are required to issue a statement of employment terms and conditions within 5 days of the commencement of the employment relationship. The statement must include information on the employer and employee, the employer's address, duration of fixed-term contract and its expiry date (or contract for temporary employment and its duration), rate and method of wage calculation, and normal daily and weekly working hours.
An employer who, without reasonable cause, fails to provide an employee with a statement of employment terms and conditions, within one month of the date of the commencement of that employee’s employment, is guilty of an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.
The Employment (Miscellaneous Provision) Act 2018 has been enacted to address the precarious employment liabilities. The Act provides that:
-
Employers must provide the five core terms of employment within the initial five days of work;
-
Zero-hour contracts are restricted
-
The Act has defined a banded-hours system as “where an employee's contract of employment or statement of terms of employment does not reflect the number of hours worked per week by an employee over a reference period, the employee shall be entitled to be placed in a band of weekly working hours”
The banded system is introduced, where the employee contract does not reflect the actual working hours.
Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 came into force, employers must provide two sets of written particulars: a Day 5 statement covering core terms within 5 days of commencement, and a fuller written statement within 1 month. The fuller statement now has to cover more detail than before, including the pay reference period, place of work, job title or a description of the work, hours (including overtime terms), training entitlement and probation terms.
Where the employee’s work pattern is wholly or mostly unpredictable, the written statement must also identify the reference hours and reference days within which work may be required, together with the guaranteed paid hours (if any) and the applicable notice arrangements. The legislation also expressly provides that, where the statutory information requirements for such arrangements are not met, the employee may refuse to work during the reference hours and days predetermined by the employer without adverse consequences.
Employees also gained a statutory right to request a form of employment with more predictable and secure working conditions, and an employer may restrict parallel employment only on objective grounds.
Under the Work Life Balance and Miscellaneous Provisions Act 2023, an employee may make a written request for a remote working arrangement, but an approved arrangement cannot begin until the employee has completed 6 months’ continuous service. The employer must consider the request and respond within the statutory time limits, having regard to the employee’s needs, the employer’s needs and the WRC Code of Practice.
For non-EEA nationals, Ireland’s new Employment Permits Act now includes a seasonal employment permit. That permit is short-term and is intended for seasonally recurrent work, with a maximum duration of 7 months in a calendar year.
Source: §15, 16, of the Employment (Miscellaneous Provision) Act 2018; §3 of the Terms of Employment (Information) Act; Under S.I. No. 686/2022; European Union (Transparent and Predictable Working Conditions) Regulations 2022; §9 of the Employment Permit Act, 2024
Fixed Term Contracts
Fixed-term contracts are permissible under the Irish legislature with certain conditions. The legislation also allows hiring fixed-term contract workers for tasks of a permanent nature. According to the Protection of Employees (Fixed Term) Work Act, employees cannot remain on a series of fixed-term contracts indefinitely. If an employee whose employment commenced prior to the 14th July 2003 accrues three years of continuous service as a fixed-term employee, when that employee’s contract comes up for renewal on or after the 14th July 2003, the employee can only be offered one further fixed-term contract. This renewal on a further fixed-term basis cannot be for more than one year. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration. If an employee who commenced employment on a fixed-term basis on or after 14th July 2003 has had two or more fixed-term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.
After this, if the employer wishes to renew the employee’s contract, it must be an open-ended contract. However, the above-mentioned rules do not apply when there are objective grounds justifying the renewal of a contract of employment for a fixed term only.
The Unfair Dismissal Acts 1977–2007 also contain a provision aimed at ensuring that successive temporary contracts are not used by the employer in order to avoid that legislation. Where a fixed-term or specified-purpose contract expires, and the individual is re-employed within 3 months, the individual is deemed to have continuous service.
After completing a minimum of 6 months of continuous service, an employee, having finished their probationary period, may request more predictable and secure working conditions. The employer must provide a written reply with reasons within one month. A worker can make such a request once every 12 months. If a subsequent similar request is made by the same worker with an unchanged situation, an oral reply is permissible.
Source: §9-10 of the Protection of Employees (Fixed Term) Work Act; 6F of the Terms of Employment (Information) Act 1994
Probation Period
The contract can include a probationary period and can allow for this period to be extended. If an employee is on probation, he or she cannot rely on unfair dismissals legislation unless he or she has more than one year's service, or is dismissed for trade union membership or activity, pregnancy-related matters, parental leave, adoptive leave, carer’s leave, or claiming maternity rights. Rights such as information on matters like terms of employment, holidays and pay slips apply to an employee even while he or she is on probation. Since the Unfair Dismissals Acts 1977-2007 don’t apply to the workers whose duration of probation or training is one year or less and are specified in the contract, we can infer from this provision that the maximum duration of a probation period is 12 months. Shorter trial periods may be agreed between the parties, but claims under statutory unfair dismissal legislation are not normally possible until after 12 months.
The Regulations specify that probationary periods in the private sector cannot exceed 6 months (12 months for public servants). However, under exceptional circumstances, extensions beyond 6 months are allowed, up to a maximum of 12 months. It should be the exception, not the norm, for organisations to extend probationary periods, and any extension for an individual employee should not surpass an additional 6 months (with a recommendation not to go beyond 11 months), serving the employee's interest and in case of the employee’s absence from work.
For employees on fixed-term contracts, the probationary period should align with the contract's duration and job nature. If a fixed-term contract is renewed for the same functions, no new probationary period is required. For instance, a one-year fixed-term contract may have a three-month probationary period instead of the typical six months in a permanent contract.
Source: §6D of the Terms of Employment (Information) Act 1994; §9A of the Protection of Employees (Fixed-term Work) Act 2003 amended; S.I. No. 686/2022 www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html
Termination of Employment
Under Irish law, termination may occur with notice, without notice where the facts justify summary dismissal, by reason of redundancy, on expiry of a fixed-term contract, or through constructive dismissal where the employee resigns because of the employer’s conduct. In case of “gross misconduct” by the worker, the employer must still be able to justify the dismissal and to show fair procedures where the Unfair Dismissals Acts apply.
For statutory notice, the Minimum Notice and Terms of Employment Acts govern the minimum notice an employer must give, subject to the employee’s length of service and any longer contractual notice.
Collective redundancy obligations are dealt with under the Protection of Employment Act 1977, not the 1997 Act. Where the statutory thresholds are met, the employer must consult employee representatives in good time and must notify the Minister before the dismissals take effect.
Under the Workplace Relations Act 2015, first-instance unfair dismissal complaints are heard by a WRC adjudication officer, with an appeal to the Labour Court. The general time limit remains 6 months, extendable to 12 months where reasonable cause is shown. The main remedies are reinstatement, re-engagement and compensation, usually capped at 104 weeks’ remuneration under the Unfair Dismissals Acts, subject to special rules in some categories of case.
Source: 7(2) of the Redundancy Payment Act, 1967; 34(4) of the Employment Equality Acts 1998;6, 8 of the Minimum Notice and Terms of Employment Act 1978; 6, 9 & 10 of the Protection of Employment Act 1997; 5-11, & 19 of the Unfair Dismissals Act, 1977
Regulations on Employment Security
- Organisation of Working Time Act, No. 20 of 1997, last amended 2003
- Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997, S.I. No. 475/1997
