Despite many of the proposed legislative changes highlighted in our Autumn tracker lapsing as a result of the dissolution of the Dáil, there have still been a number of interesting developments in the area of employment law. The key themes considered as we look into 2025 relate to the updated guidance on employee classification, prospective changes to recruitment and onboarding processes, and the long-term viability of contractual mandatory retirement ages.
Based on the Government’s Spring Legislative Programme, it appears that 2025 will be another year of seismic changes in the Irish employment law landscape.
KEY THEMES IN EMPLOYMENT
ACTS COMMENCED IN FULL SINCE THE PREVIOUS TRACKER
Employment Permits Act 2024
Date signed into law: 25 June 2024
This act consolidates the Employment Permits Acts and make amendments to modernise the employment permits system and represents the biggest reform of the employment permit regime in Ireland since 2006. The act simplifies the rules and processes around permits and provides flexibility for both permit holders and employers, in modernising various tests and rules applicable to non-EEA national who wish to take up eligible employment and residence in Ireland.
Latest stage: The act was fully commenced on 19 February 2025 by SI No. 32/2025.
Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024
Date signed into law: 28 October 2024
This act amends and extends the Maternity Protection Acts 1994 to 2022 and provides for the postponement of maternity leave where a mother has been diagnosed with cancer or other serious illness during pregnancy, and to provide for related matters. The act also inserts a new section 14B into the Employment Equality Acts 1998 to 2021, to introduce measures to limit the use of NDAs where an employee has alleged discrimination, harassment, sexual harassment or victimisation (save where an employee has expressly requested the implementation of an NDA).
Latest stage: Part 3 of the act came into operation on 5 November 2024 and the rest of the act came into operation on 20 November 2024.
Social Welfare Act 2024
Date signed into law: 28 October 2024
This act proposes to implement various social protections announced in Budget 2025.
Latest stage: The act commenced in full on 6 January 2025.
ACTS AWAITING COMMENCEMENT
Automatic Enrolment Retirement Savings Systems Act 2024
Date signed into law: 9 July 2024
After a long delay, the Government have enacted this act to implement automatic enrolment of employees into a private pension scheme, specifying a start date for the new system of 30 September 2025. Minister for Social Protection, Heather Humphreys TD has also confirmed that the new system will be called “My Future Fund”. The act aims to increase pension coverage and overall pension adequacy in Ireland. Employees will be automatically enrolled in the new pension scheme if:
- the employee is between 23 and 60;
- the employee is not already a member of a pension plan; and
- the employee earns €20,000 or more a year.
The Government has also approved the establishment of the National Automatic Enrolment Retirement Savings Authority (“NAERSA”) which will administer the new system with effect from 31 March 2025. Accordingly, NAERSA will have six months to oversee the implementation of this system and we expect there to be significant work involved in meeting this deadline.
Latest stage: The full act is awaiting commencement. The first phase of provisions came into operation on 31 March 2025, and the remainder of the act will come into operation on 30 September 2025 by virtue of SI No. 500 of 2024.
Social Welfare (Miscellaneous Provisions) Act 2024
Date signed into law: 15 July 2024
This act proposes to amend the way in which employment contributions are to be calculated for the purposes of the Social Welfare Consolidation Act 2005; to provide for a new benefit to be known as jobseeker’s pay-related benefit; to remove the need for certain notifications to be provided to persons who are the subject of certain investigations before a notice of attachment may be given to such persons; for those and other purposes, to amend and extend the Social Welfare Acts; to amend the Taxes Consolidation Act 1997; to amend the Public Service Pensions (Single Scheme and Other Provisions) Act 2012; and to provide for related matters.
Latest stage: A number of provisions are awaiting commencement and will come into operation on 31 March 2025. Further information is required on section 15, which is not yet scheduled to commence.
BILLS
NOTE: Many bills lapsed with the dissolution of the Dáil Éireann on 8 November 2024, as well as by reason of the Seanad General Election in January 2025. Some bills were restored by the new Dáil Éireann on 5 February 2025 and similarly various bills were restored by the new Seanad Éireann on 19 February, 4 and 20 March 2025. Where reinstatement is approved, the bill re-enters the relevant Order Paper at the same stage it was at before the dissolution.
Workplace Relations (Exemplary Damages, Unfair Dismissals and Other Provisions) Bill 2024
Date published: 8 October 2024
This bill enables the award of exemplary damages in certain circumstances by adjudication officers of the WRC and by the Labour Court. It also makes certain non-disclosure agreements unenforceable as against employees who have not yet received independent advice and makes amendments to the Unfair Dismissals Acts 1977 to 2015.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Protection of Employees (Trade Union Subscriptions) Bill 2024
Date published: 13 February 2024
This bill proposes to impose an obligation on employers, when requested in writing by an employee, to make deductions from the wages of such employee, and, not later than 21 days, remit the amount deducted, along with the written notice of the information required under section 6, to the relevant trade union that is specified in the written request.
Latest stage: The bill was defeated by vote on 13 February 2024.
Maternity Protection (Amendment) Bill 2024
Date published: 20 March 2024
This bill proposes to amend and extend the Maternity Protection Acts 1994 to 2022 and to provide for postponement of maternity leave where a mother has been diagnosed with cancer or other serious illness during pregnancy, and to provide for related matters.
Latest stage: The bill has lapsed with the dissolution of Dáil Éireann. This bill has been superseded by the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024.
Social Welfare (Bereaved Partner’s Pension) Bill 2025
This bill provides for legislative changes to the Widow’s, Widower’s and Surviving Civil Partner’s Pension Scheme arising from the O’Meara case, which related to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory Pension. The bill intends to expand entitlement to social welfare schemes aimed at bereaved partners and families to qualified cohabitants and their children, and will also make consequential amendments to the Taxes Consolidation Act 1997.
Latest stage: Completed Dail Éireann, First Stage. Listed as priority publication in the Spring 2025 Legislative Programme.
PRIVATE MEMBERS' BILLS
NOTE: Many bills lapsed with the dissolution of the Dáil Éireann on 8 November 2024, as well as by reason of the Seanad General Election in January 2025. Some bills were restored by the new Dáil Éireann on 5 February 2025 and similarly various bills were restored by the new Seanad Éireann on 19 February, 4 and 20 March 2025. Where reinstatement is approved, the bill re-enters the relevant Order Paper at the same stage it was at before the dissolution.
Remuneration Information and Pay Transparency Bill 2023
Date published: 24 January 2023
The bill intends to make further and better provision for equality between employed persons by providing for transparency in respect of matters relating to remuneration, and to amend the Employment Equality Acts 1998 – 2021. This bill intended to transpose some of the provisions under the EU Pay Transparency Directive, however, it appears that it has been superseded by a separate, Government sponsored bill which is included in the Spring Legislative Programme.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Living Wage Bill 2022
Date published: 5 May 2022
This is a Private Members’ bill which proposes to amend the law relating to the determination, declaration and review of a national minimum hourly rate of pay for employees so as to arrive at and thereafter preserve an hourly rate that represents a living income; and to provide for related matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
IRISH PROPOSED LEGISLATION
Employment (Contractual Retirement Ages) Bill
This bill will apply to terms in employment contracts, whether express or implied, which oblige an employee to retire at an age which is below the age at which the employee can first access the State Pension. The objective of this bill is to introduce measures which allow, but does not compel, an employee to stay in employment until pensionable age, which is currently 66. The bill also provides redress for employees who have been retired prior to reaching this age, pursuant to either the Unfair Dismissals Acts 1977 to 2015 or the Employment Equality Acts 1998 to 2021 (but not both), so long as they have notified their employer of their intention to continue working up until this age.
Latest Stage: Pre-legislative scrutiny completed in May 2024. Listed for priority publication in the Spring 2025 Legislative Programme.
Protection of Employees (Employers' Insolvency) (Amendment) Bill
This bill will make a number of amendments to the Protection of Employees (Employers’ Insolvency) Act 1984. In particular, this bill will expand access to the Insolvency Payments Scheme (the “IPS”) to protect employees of employers who cease trading without entering liquidation, receivership or bankruptcy. This includes the introduction of an Employer Deemed Insolvent Application, which will allow former employees to apply to have their employer deemed insolvent, where their employer ceases trading without going through a formal wind-up, for the purpose of claiming their pay-related entitlements from the IPS. This change addresses a 2018 Supreme Court judgment which found that Ireland had not fully transposed Directive 2008/94/EC.
Latest Stage: Pre-legislative scrutiny completed in October 2024. Listed for priority publication in the Spring 2025 Legislative Programme.
Social Welfare and Civil Registration (Miscellaneous Provisions) Bill
This bill will amend social welfare and civil registration legislation to give effect to policy and operational priorities in these areas.
Latest stage: Heads in preparation. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
Equality and Family Leaves (Miscellaneous Provisions) Bill
This bill provides for amendments to the Employment Equality and Equal Status Acts, arising from a review of the Equality legislation. It is proposed that this bill would also be used to provide for Surrogacy Leave and leave for pregnancy loss.
Latest stage: Revised Heads in preparation. Listed as priority drafting in the Spring 2025 Legislative Programme.
Pay Transparency Bill
The purpose of this bill is it transpose the EU Pay Transparency Directive, which will introduce a number of far-reaching and onerous pay transparency measures and enhance the gender pay gap reporting obligations in Ireland.
Latest stage: Heads in preparation. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
Equality (Miscellaneous Provisions) Bill 2024
The purpose of this bill is to implement several changes to the Employment Equality Acts 1998 to 2021 with regards to prospective employees. In particular, the bill extends the scope of existing positive action provisions to include prospective employees, and requires that an employer be able to objectively justify the specific criteria they seek of a job applicant. Separately, the bill seeks to transpose parts of the EU Pay Transparency Directive by requiring employers to provide information about salary levels in job advertisements and prohibit employers from asking job applicants about their pay history. Finally, the bill will also extend the statute of limitations for claims brought under the Employment Equality Acts.
Latest stage: The general scheme of the bill was published on 15 January 2025. As the general scheme of this bill was published prior to the Spring 2025 Legislative Programme, it is possible that this bill may be subject to change, and could be incorporated within a broader bill to address the EU Pay Transparency Directive.
Registration of Trade Unions Bill
The purpose of this bill is to modernise and consolidate the existing legislation regarding the registration requirements for trade unions.
Latest stage: Heads in preparation. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
EU DIRECTIVES
EU Directive on Minimum Wages
Date published: 25 October 2022
This directive aims to ensure the adequacy of minimum wages with the aim of achieving decent living and working conditions; promote collective bargaining on wage-setting; and enhance effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements.
Transposition date: 15 November 2024. Ireland missed this transposition date but have since transposed the directive through the European Union (Adequate Minimum Wages) Regulations 2024 (S.I. No. 633/2024).