Employment law is a rapidly evolving area. Not only has there been a huge amount of legislation in the past number of years but the establishment of the National Employment Rights Authority and the demands of the modern work force mean that employers have to be ever more flexible and vigilant in their approach to employment law.
Our firm advises on all aspects of the employment relationship from recruitment and selection through to termination of employment. The employment law work carried out by Maura Hurley Solicitors includes:
- Advising on recruitment, application, interview and selection processes
- Drafting employment contracts, consultancy agreements, staff booklets and workplace policies and procedures
- Advising on employment law legislation on a day to day basis; areas include, health and safety, equality, industrial relations, bullying and harassment, leave entitlements, notice periods, fixed term and part time workers
- Guiding clients through grievance, disciplinary and investigative processes
- Advising on termination of employment, including unfair dismissals, severance agreements and redundancy
- Representation at tribunals
- Advising on employment law aspects of corporate transactions, including employment due diligence, warranties and disclosures and the requirements of The European Communities (Protection of Employees on Transfer of Undertakings)Regulations 2003
Bullying and Harassment at Work
Bullying and harassment at work is an extremely serious issue, often has a discriminatory element, and can have a hugely detrimental impact on the life of the victim.
Maura Hurley Solicitors are dedicated to achieving justice for those suffering from unfair treatment in the workplace. Our experts are friendly and approachable, making the experience of taking legal action as hassle-free for our clients as possible.
If you’ve been affected by what you think is bullying or harassment, seeking specialist legal advice is the next step you should take. Call Maura Hurley Solicitor 01 526-6723
While bullying and harassment are often thought to be the same thing, the definitions of the two terms are actually slightly different.
Harassment is generally unwanted conduct affecting the dignity of employees in the workplace and tends to be more blatant than bullying. It can be related to anything including age, sex, race, religion, nationality or personal characteristics.
Bullying tends to be more subtle, but can also be physical. It defines behaviour that aims to be offensive, insulting and often includes abuses of power that have the intention of belittling or humiliating the victim.
Examples of bullying and harassment are numerous, but include:
- Ridiculing or demeaning someone
- Unfair treatment
- Insulting words or behaviour
- Unwelcome sexual advances
- Threatening dismissal without foundation
If you feel you have been bullied or harassed at work, we can help you launch legal action against your employer and the individual perpetrators and give you the best possible chance of achieving a favorable result at an Employment Tribunal or in a constructive dismissal claim.
Health & Safety at Work
The main legislation providing for the health and safety of people in the workplace is the Safety, Health and Welfare at Work Act 2005. This Act consolidates and updates the provisions of the Safety, Health and Welfare Act 1989. It applies to all employers, employees (including fixed-term and temporary employees) and self-employed people in their workplaces. The Act sets out the rights and obligations of both employers and employees and provides for substantial fines and penalties for breaches of the health and safety legislation. (General Application) Regulations 2007: Almost all of the specific health and safety laws which apply generally to all employments are contained in the Safety, Health and Welfare at Work (General Application) Regulations 2007 which came into effect on 1 November 2007. These Regulations replaced the 1993 General Application Regulations and other secondary legislation in the area of health and safety at work.
Employer’s duties Under Section 8 of the Act the employer has a duty to ensure the employees’ safety, health and welfare at work as far as is reasonably practicable. In order to prevent workplace injuries and ill health the employer is required, among other things, to:
- Provide and maintain a safe workplace which uses safe plant and equipment
- Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
- Prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk
- Provide instruction and training to employees on health and safety
- Provide protective clothing and equipment to employees
- Appointing a competent person as the organisation’s Safety Officer
Contact Maura Hurley today on 086 778 7444 or contact here