Join the ALG5K and run along the Dublin Docklands with your team on Tuesday 8 September 2026 Learn more
Remote Working
The code of practice on the right to request remote working (see our briefing here) is to be strengthened following a review by the Department of Enterprise, Tourism and Employment (DETE). DETE has recommended that the WRC revises the code to ensure employers give comprehensive and transparent reasons for their decisions related to remote working requests. You can access the Ministers’ statement here.
AI use in the Labour Court
As use of generative Artifical Intelligence (AI) is increasing in employment proceedings, and following in the footsteps of the WRC, the Labour Court has now issued guidance to parties on what to expect if they are using AI in their submissions. The purpose of the new guidance “is to assist parties who decide to use AI to prepare written submissions or any other documentation for use in their case before the Labour Court.” A copy of the guidance is available here.
The Gender Pay Gap (Information) Amendment Bill is currently being drafted in order to clarify the legislative basis for employers to report their gender pay gap via a central online portal in 2026. While it was announced early last year that a centralised reporting portal would be launched in time for the 2025 reporting cycle, it in fact only launched on a voluntary basis with partner organisations IBEC and the 30% Club for member employers to report voluntarily.
The eagerly awaited Heads of a Pay Transparency Bill to transpose the EU Pay Transparency Directive are in preparation. Although the Bill appears in the government’s summer legislation programme, it is not on the priority list. We will let you know once the Heads are published and will be examining the detail in a future webinar series.
Heads of an Equality (Miscellaneous Provisions) Bill are also in preparation. This legislation will provide for amendments to the Employment Equality and Equal Status Acts, arising from their review. It will also provide for surrogacy leave and leave for pregnancy loss.
The Protection of Employees (Employers' Insolvency) (Amendment) Act 2026 has been signed into law, but requires a ministerial order prior to commencement. This Act makes changes to the Insolvency Payments Scheme, which protects employees' pay-related entitlements if their employer becomes insolvent.
WRC sets aside €13,000 compensation cap in employment equality case
In a landmark decision, the WRC awarded €40,000 in a recruitment‑related disability discrimination claim - exceeding the €13,000 statutory cap that ordinarily applies to compensation in access-to-employment cases.
The complainant, who is deaf and a native user of Irish Sign Language (ISL), applied for the position of “Advisor Deaf/Hard of Hearing” with the National Council for Special Education (NCSE). Despite being highly qualified for the role, including holding a PhD in deaf education, the complainant was not shortlisted because he did not hold a formal academic qualification in ISL and did not have oral communication skills.
The complainant lodged an internal complaint with the NCSE, stating that the criteria for the position was discriminatory and that deaf people were far less likely to hold an academic qualification in ISL. The internal complaint was upheld, with the reviewer confirming that the complainant met the essential criteria for the position. However, the NCSE informed him that no further steps could be taken as the recruitment process had already closed.
The complainant subsequently brought a claim under the Employment Equality Acts, alleging that the requirements for a formal academic qualification in ISL and excellent oral communication skills amounted to indirect disability discrimination. The Adjudication Officer upheld the claim, finding that the NCSE had “decided to ignore” the Code of Practice for Appointments to Positions in the Civil and Public Service by failing to overturn the rejection of the complainant’s application after the internal complaint was upheld.
Crucially, the WRC ordered the NCSE to pay €40,000 in compensation, which far exceeds the €13,000 cap, for an employment access case under the Employment Equality Acts. Relying on Article 17 of the Employment Equality Directive 2000/78/EC, the Adjudication Officer held that the domestic compensation cap did not meet the EU requirement that sanctions be “effective, proportionate and dissuasive” in cases of discrimination, and therefore could not be applied.
This is the first occasion on which the WRC has awarded compensation above the statutory limit under the Employment Equality Acts. The decision serves as a reminder to employers that compensation ceilings are not absolute, and that EU law may require more substantial and deterrent remedies where discrimination is established. The case also underscores the importance for employers of ensuring that recruitment criteria are proportionate and non-discriminatory, and that any internal review processes are robust and followed through in a meaningful way.
Noel O'Connell v National Council for Special Education. Contributed by Emer Gilmore, Associate.
Equality law update: Does an employer’s duty to provide ‘reasonable accommodation’ apply to caregivers?
The CJEU has ruled that an employer's duty to provide reasonable accommodation extends to employees caring for a child with a disability. Read more.
2026 Employment Law outlook
In our latest podcast, we take a look ahead at the key developments set to shape employment law in 2026. Michael Doyle (Head of Employment, Partner) and Triona Sugrue (Senior Practice Development Consultant) from our Employment team discuss the areas we expect to be most significant for employers in the year ahead, including:
Implementation of the EU Pay Transparency Directive in Ireland: Where do things stand?
In this briefing we discuss the current status of Ireland’s phased approach to implementing the EU Pay Transparency Directive.
Webinar I “MyFutureFund” – Your Company Pension and Navigating Auto-Enrolment
Join experts from the ALG Employment & Pensions teams, along with Garry Clark from Mercer, as they provide valuable insights on MyFutureFund. They discuss common issues employers are encountering and how to future proof your company’s pension offering. If you have not yet registered for KnowledgePlus, please get in touch with your ALG contact to request access. Watch now.
International Employment Lawyer Spring European Summit
ALG was once again a gold sponsor of the IEL Spring European Employment Summit in Amsterdam on 4 March. Head of Employment Michael Doyle, together with Triona Sugrue and Jason McMenamin, attended, with Michael Doyle participating in a panel on M&A people-related challenges and the strategic role of employment lawyers.
Gender Pay Gap Reporting and Pay Transparency Hub
Keep track of all the latest developments on gender pay gap (GPG) reporting and pay transparency. Our hub contains lots of information and guidance on how your organisation can comply with GPG reporting and prepare for the implementation of the EU Pay Transparency Directive. View hub.
