Recruitment

The same broad considerations which apply to employee interviews in the United Kingdom apply in Ireland. The equality legislation is derived from European Union law and is broadly similar to that which applies in the UK.

Advertisements and things said during an interview may disclose an intention to discriminate which may be the subject of a claim for compensation to the Workplace Relations Commission. Access to candidate’s data requires compliance with the consent provisions of the General Data Protection Regulation, the EU legislation governing data protection.

References raise issues both of negligent misstatement and defamation for the person who makes them in the same way as applies under the common law in England and Wales and Northern Ireland as modified by defamation legislation.

Terms of Employment

As in the United Kingdom, a contract of employment need not be in writing. However in many cases, in particular in the case of senior employees, it is desirable that there be a contract of employment. The contract may incorporate an employer’s Handbook whether a single document or comprising a number of policies. It may refer to and incorporate the terms of pension benefits and share remuneration schemes.

In the same way as in the United Kingdom, an EU directive requires that certain terms of employment be furnished to the employee in writing within two months of commencement of employment. Changes in the terms must also be promptly furnished. Failure to do so may be the subject of a complaint to the Workplace Relations Commission

In the case of fixed-term employees, the objective justification where available for failing to offer a contract of indefinite duration must be set out in writing. The fixed term work Act which derives from European Union directive may allow an employee the right to a contract of indefinite duration after a number of years.