Ireland’s employment law landscape has seen significant movement in recent months. From new retirement legislation to evolving disability protections and AI guidance, here are seven developments that employers operating in Ireland should have on their radar.
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Right to Work Beyond Retirement Age
The Employment (Contractual Retirement Ages) Act 2025 (“the 2025 Act”), enacted in December 2025, formally took effect on June 29, 2026. The legislation establishes a new right for employees approaching their contractual retirement age to notify their employer that they do not consent to retiring at that age. Employers must follow a formal notification and response process and objectively justify any decision to retire an employee before the State pension age, which is currently 66.
Critically, employers must provide a reasoned written reply within the prescribed time limit. Failure to do so without reasonable cause is a criminal offense, and employees may also bring a claim to the Workplace Relations Commission (WRC) with potential compensation of up to 104 weeks’ remuneration. The 2025 Act applies only where the contractual retirement age is below the State pension age and where the employee is not subject to a legally mandated maximum retirement age or service limit.
A new Code of Practice on Longer Working has also been published, replacing the original 2017 Code. In addition to incorporating the rights under the 2025 Act, it sets out a process employers should follow when an employee aged 66 or older requests to continue working.
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WRC Updates AI Guidance for Submissions
The WRC has updated its guidance on the use of AI tools in preparing submissions, following the Court of Appeal’s ruling in Guerin v O’Doherty [2026] IECA 48. The core principle: parties remain fully responsible for what they submit, regardless of whether AI was used.
While the WRC recommends disclosing AI use, it stops short of making it mandatory. This contrasts with the Guerin judgment, which expressly stated that AI use should be disclosed to the courts and to other parties. The Court of Appeal outlined several key principles, including that AI may be used for research provided parties do not mislead the court, submissions must be independently verified, and no authority should be cited without verification.
In summary, while the WRC has taken a more permissive stance, parties appearing before the Irish courts should follow the stricter Guerin principles to avoid potential sanctions.
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WRC Takes a Stronger Stance on Disability Discrimination
Recent WRC decisions indicate a more robust approach to enforcing disability rights, particularly around reasonable accommodation and remedies under the Employment Equality Acts.
In Noel O’Connell v National Council for Special Education, the WRC found indirect discrimination where a deaf applicant was rejected for a position requiring a formal Irish Sign Language (ISL) qualification despite ISL being his first language. The WRC awarded €40,000 in compensation, exceeding the statutory cap of €13,000 for non-employees by applying Article 17 of EU Directive 2000/78/EC, which requires sanctions to be effective, proportionate, and dissuasive. Whether higher courts will accept this expansive interpretation remains to be seen.
In Paul Hill v Department of Social Protection, the WRC found that a 12-year failure to provide reasonable accommodation for an employee’s visual impairment — including assistive technology, suitable lighting, and accessible materials — constituted discrimination, resulting in €30,000 in compensation. The decision underscores that providing a reasonable accommodation is not optional, and that delayed compliance carries significant consequences.
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EU Pay Transparency Directive
As anticipated, Ireland did not fully meet the June 7, 2026, transposition deadline for the EU Pay Transparency Directive 2023/970. While many of the Directive’s requirements were anticipated by the Gender Pay Gap Information Act 2021, full transposition will introduce additional obligations, including pay range disclosures in job listings, the right for employees to request average pay data, and expanded gender pay gap reporting requirements.
The Government announced a phased implementation approach, attributing delays to factors including the late completion of European Commission workshops and the publication of employer guidance only in March 2026. The Directive is expected to be transposed through the draft Equality and Family Leaves (Miscellaneous Provisions) Bill and a proposed Pay Transparency Bill, though the latter was not listed as a drafting priority in the Government’s Spring 2026 Legislative Programme. The Autumn 2026 Legislative Programme has yet to be published.
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First “Right to Request” Remote Work Appeal Fails
In the first Labour Court decision under the Work Life Balance and Miscellaneous Provisions Act 2023 (“the 2023 Act”), an employer’s denial of a remote working request was upheld in TikTok Technology Limited v Zaurbek Musaev.
The employee had requested a fully remote arrangement on medical grounds, which the employer rejected, citing business needs and the necessity of in-person collaboration. The employee argued that his medical needs were not properly considered, as the outcome letter did not reference them. However, the Labour Court found that the employer had fulfilled its statutory obligation to consider the employee’s needs, based on evidence that internal meetings were held in which the employee’s medical documentation was reviewed.
The Labour Court noted that it could not assess the substantive merit of the employer’s decision under Section 27(6) of the 2023 Act. The key takeaway for employers: document all internal deliberations and ensure that the employee’s needs are factually considered, even if the outcome letter does not reference every factor.
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Pregnancy Loss Leave Bill Approved for Drafting
The Government has approved a proposal to draft a Leave for Pregnancy Loss Bill, which will introduce a statutory leave entitlement for pregnancy loss occurring before 23 weeks of gestation. Currently, statutory maternity leave of 26 weeks (plus 16 weeks unpaid) is available only for pregnancy loss at or after 23 weeks.
The proposed Bill would provide five days of paid leave per year, paid by the employer at 70% of the daily rate and capped at €110 per day, in line with statutory sick leave. Medical certification will be required. No minimum length of service will be needed to access the leave itself, although 13 weeks of continuous service will be required to receive employer-funded payment.
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Temporary Immigration Measure for IRP Card Delays
Due to increasing delays in processing Irish Resident Permission (IRP) cards, a temporary measure has been introduced allowing eligible individuals to continue living and working in Ireland on the conditions of their current IRP card until August 31, 2026, even if the card has expired. Individuals must have applied for renewal before expiration and hold either a valid employment permit or a permission that does not require one.
Employees must provide proof of their renewal application and that all required documents were uploaded. After August 31, 2026, the standard 12-week grace period for renewals will continue to apply.
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