few UK company with an employee or employees in Ireland or perhaps you are
the UK company or working in a journée okay and you were starting up some
office or some operation in Ireland if so then you might be concerned about the
difference between Irish employment law and UK employment law and that is the
topic of this video okay the UK employment law situation and the
UK legal system and the Irish legal system are similar they are both common
law systems so the Irish legal system in fact originates from the English legal
system other common law jurisdictions would include Australia Canada New
Zealand and India common law systems place great reliance on previous
decisions handed down in court and these decisions then set precedents for
principles to be applied in later cases with similar circumstances
so Irish employment law and English employment law are strongly comparable
and they essentially both emanates from the contract of employment between the
employer and employee and how that bargain is struck what's in the contract
of employment but in addition to the contract of employment there is going to
be a statutory regime in both jurisdictions in Ireland and the UK and
this is where the differences really arise not so much in the contract of
employment itself or in the decisions that may have been handed down in
relation to conflicts down through the centuries but in the statutory regime
that applies in both the UK and Ireland so let's take a look at the differences
minimum wage rates there are minimum different minimum wage rates in both the
UK and Ireland the rest break entitlements are going to differ the
organisation of working time Act 1997 is rather night for rest breaks and holiday
time and the working week and so on interned
in Ireland attention is not mandatory or a good provision of a pension it is I
understand the d UK in the UK their statutory sick pay in Ireland there's no
statutory sick pay scheme the contract of employment may have the sickbay
scheme in a more successful or wealthier companies or employers perhaps do
operates it clear schemes and the legs of public servants and civil servants
and so on we'll probably have some sort of illness
Allisyn scheme in place but for most employments there would be no sick pay
scheme and it is not a statutory obligation on the employer in Ireland
the annual leave entitlements then are different in court jurisdictions in
relation to discrimination in Ireland the maximum award for a discrimination
based came successful one is two years salary whereas in the UK there is no
upper limit minimal notice then has slight differences too depending on the
length of service of the employee redundancy payments entitlements in
Ireland these entitlements are calculated on the basis of service alone
whereas in the UK I understand the age of the employee is considered we'll the
big difference is door between the Ireland Ireland and the UK in terms of
employment law is to do with the very popular claim of unfair dismissal in
Ireland you only need twelve months service one
year whereas in the UK you need two years the there are also differences in
the handling or treatment of taxation in termination payments in relation to
whistleblowing there's no limit on the award potential award for an employee in
UK whereas in Ireland the maximum award it's five years salary however five
years salary still no watering amount of money so clearly it's sort of a claim
you ought to avoid as an employer settlement agreements then in the UK
have statutory recognition not so in Ireland working time the maximum working
week can be opted out of in the UK there is no opt-out in Ireland and in Ireland
the maximum working week is 48 hours per week but this would be averaged over
four to six months doing 48 hours were in excess of 48 hours in any one week is
not a problem for the average is irrelevant the relevant calculation to
be made agency workers then in the UK the agency worker needs 12 weeks on
assignment for the protection of the legislation whereas in Ireland there is
no requirement for service the agency worker in Ireland has protection from
day one in respect of being treated no less favorably and full-time worker or
worker in in the job in Ireland in relation to collective bargaining
there's no obligation on the employer to recognize trade unions or to negotiate
with them there is a statutory or a constitutional right rather for an
employee to be a member of a trade union but the union does not have to be
recognised in the workplace whereas my understanding is that in the UK the
union can obtain recognition by way of a statutory roof in Ireland then there is
only two choices for you you're either an employee or you're a self-employed
independent contractor in the UK you can be a worker you can be an employee or
you can be self-employed contractor quite what's the difference is in the UK
and not a hundred percent because I only deal with Irish law but in Ireland at
least you have that simplicity of it's either an employer you're dealing with
or a self-employed contractor injunctions then the employee in Ireland
when it goes to court is far more likely to be successful in obtaining an
injunction against employer then if he was going to or his equivalent
counterpart in the UK an in relation to - Peters the transfer of undertakings
regulations in Ireland the employer probably gets a slightly more favorable
deal as the triggering of two pure duration in aroun most transfer most
involves or in the transfer of significant tangible or intangible
assets or employees whereas in UK my understanding is that 2p will be
triggered you know almost all situations where there's a transfer of on rotating
in conclusion then I'd say to you as a potential or as an employer in the UK
who may be considering opening up a department or an entity in earned
unbalanced Ireland is a favorable regime for employees you could say employers
may also find higher levels of expectations of employees when it comes
to employment rights entitlements and so forth I have a huge amount of free
information on my website you see the URL there the employment rights Ireland
coms a lot of free information there about Irish employment law and you can
get a free booklet to deal with which deals with employment law and Aaron is
called 16 mistakes that most Irish employers make so it's a kind of a
checklist that you might find useful in downloading if you go to a private right
siren comm this website here and go just go to the home page or in the sidebar
you'll be able to download the free report 16 mistakes by filling in your
email address that's my contact details there on-screen
my name is Terry Gore a solicitor and I do quite a bit of employment law hope
you find this video useful if you do we might give that thumbs up down below and
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