Employment and Industrial Relations

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Arthur Cox has Ireland's largest employment law practice. The Group provides an extensive range of legal services to clients on all aspects of national and EU law regarding employment and industrial relations.

At Arthur Cox we favour a partnership approach and work very closely with our clients to find practical and creative solutions to their problems. Our consistently top ranked Employment and Industrial Relations Group has considerable experience in advising on a vast range of complex issues for a wide variety of clients both national and global. The Group prides itself on having a very strong commercial approach to problem-solving for our clients.

The fact that we have an office in Belfast means that clients have the benefit of a complete one firm service where employment issues involve both jurisdictions in Ireland.

Our expertise in this area includes:

  • Employment contracts/staff handbooks
  • Personnel policies and procedures
  • Executive service contracts
  • Restrictive covenants
  • Transfer of undertakings
  • Outsourcing
  • Trade disputes
  • Executive severance packages
  • Termination of employment
  • Employment equality/discrimination
  • Bullying and harassment
  • Health and safety
  • Protective leave
  • Immigration and work permits
  • Atypical work
  • Information and consultation
  • Employee benefits and pensions

The range of legal services which we provide for our clients includes:

  • Drafting and reviewing employment agreements, executive/directors' service contracts, personnel policies and procedures including grievance and disciplinary procedures, bullying and harassment policies, email/internet use policies, staff handbooks and general employment advice to domestic as well as multi-national and global companies establishing business in Ireland.
  • Advice on all aspects of employment legislation including unfair dismissal, redundancy, working time and holidays, protective leave, health and safety, information and consultation.
  • Advice and representation in relation to employment disputes including unfair dismissal and other statutory claims, civil court claims including breach of contract and wrongful dismissal, dismissal injunctions, restraint of trade injunctions, negotiation of agreed terminations and executive severance packages, representation at Labour Court and Rights Commissioner hearings.
  • Advice on all aspects of trade disputes including strikes and other forms of industrial action, injunctions in the context of strikes or industrial action, claims under the Industrial Relations Acts.
  • Employment aspects of commercial transactions including mergers, acquisitions and disposals (whether by share purchase or asset purchase), employment due diligence, advice on legal requirements and obligations of vendors and purchasers in relation to legislation on the transfer of undertakings.
  • Atypical working including part-time work, fixed-term work, agency work, job sharing, flexible working arrangements, e-working.
  • Immigration law including advice on obtaining work permits and work authorisations.
  • Conducting disciplinary processes, appeal hearings and internal investigations such as bullying and harassment issues.
  • Discrimination, equal pay, employment equality and diversity issues, claims under the Employment Equality Act, 1998 and the Equal Status Act, 2000.
  • Employee benefits including share participation schemes and pensions, working closely in conjunction with our Share Schemes and Pensions Groups.

We act for a wide variety of clients including private companies, plcs, State agencies and public sector companies, multi-nationals, start-up enterprises, hospitals, schools, universities and other third level institutions, State and statutory bodies. We also act for senior executives and directors.

We regularly advise in conjunction with in-house legal counsel in leading companies and organisations.

We provide special in-house training on all aspects of employment law and update our clients on new and recent developments in legislation.

The Practice

The employment team at Arthur Cox in Belfast is one of the largest, dedicated, specialist employment teams in Northern Ireland. The team advises clients on a wide variety of employment law and personnel issues, from day-to-day advisory work to dealing with contentious Industrial and Fair Employment Tribunal cases. 

Additionally, the team advises on matters considered to be outside mainstream employment law, such as providing specialist advice on equality and sustainability, together with TUPE and security vetting issues arising out of public procurement exercises. 

We are also are able to draw on the considerable experience of our Dublin employment team where cross-border employment issues arise.

Expertise

We provide advice on a range of matters including:

  • Recruitment & Selection
  • Drafting all levels of contracts of employment, policies and procedures
  • Disciplinary and grievance issues
  • Industrial and Fair Employment Tribunal representation
  • Family-friendly rights
  • Restructuring and redundancies (including TUPE advice)
  • Managing sickness absence
  • Employment equality / discrimination 
  • Bullying and harassment
  • Atypical work
  • Information and consultation

The range of legal services which we provide for our clients includes:

  • Drafting contracts of employment or service agreements for employees of varying levels of seniority and drafting and reviewing policies and procedures (including disciplinary and grievance procedures, equal opportunities statements, recruitment policies, bullying and harassment policies, maternity and other “family friendly” policies)
  • Advising on all aspects of employment legislation including recruitment & selection, disciplinary and grievance, unfair dismissal, redundancy, working time and holidays, family friendly leave, information and consultation
  • Advising employers on investigating disciplinary and grievance issues and on conducting disciplinary and grievance procedures
  • Advising a variety of clients in the defence of Industrial and Fair Employment Tribunal claims including claims for unfair and wrongful dismissal, discrimination (including disability, age, sex, race, religion and political opinion), unlawful deductions from wages claims and equal pay claims. Representing clients at Tribunal
  • Advising and representing clients in the defence of “goods facilities and services” claims in the County Court
  • Advising on all aspects of trade disputes including strikes and other forms of industrial action, injunctions in the context of strikes or industrial action, the election of employee representatives, balloting requirements and negotiations with trade unions
  • Advising clients on  equality issues including obligations under the Fair Employment legislation in Northern Ireland and advising public sector organisations on their obligations under Section 75 of the Northern Ireland Act 1998
  • Advising on the employment aspects of commercial transactions including mergers, acquisitions and disposals (whether by share purchase or asset purchase), employment  due diligence, advice on legal requirements and obligations of vendors and purchasers in relation to legislation on the transfer of undertakings TUPE), changes to terms and conditions in connection with a TUPE transfer and advising on TUPE related claims
  • Advising  on atypical working arrangements including engaging casual and agency workers
  • Advising on the employment aspects of outsourcing, including TUPE related issues and dealing with drafting issues

Experience

The team acts for a wide range of  public and private sector organisations, including many of the major employers in Northern Ireland.  The team also advises a significant number of  multi-national corporations.
Rosemary Lundy has specialist experience of equality law, having previously worked for the Equality Commission for Northern Ireland for seven years.

The team regularly delivers bespoke training to clients and seminars through various training providers in Northern Ireland. We also regularly publish articles in a range of newspapers and journals and provide a monthly, web-based employment clinic  dealing with the full spectrum of employment issues.

Endorsements

‘A “friendly yet no-nonsense approach” as well as “clarity, efficiency and quality” mark this  team of lawyers out as one to keep an eye on.’

Chambers UK: A Client’s Guide to the UK Legal Profession, 2009

‘Clients are pleased with… levels of responsiveness and quick turnaround. Rachel Penny leads a professional and thorough team of four solicitors.’

Chambers UK: The Client’s Guide to the UK Legal Profession, 2008

People

Rosemary Lundy