Matheson LLP, Irish Law Firm: Recent Episodes
Matheson LLP, Irish Law Firm
Matheson’s primary focus is on serving the Irish legal needs of international companies and financial institutions doing business in and through Ireland. Our clients include over half of the Fortune 100 companies. We also advise 7 of the top 10 global technology brands and over half of the world’s 50 largest banks. We are headquartered in Dublin and also have offices in Cork, London, New York, Palo Alto and San Francisco. More than 860 people work across our six offices, including 122 partners and tax principals and over 560 legal, tax and digital services professionals.
In this episode of Matheson Talk Insurtech Insights, James Grogan speaks with Tim Graham, CEO and Founder of Marrow (formerly Malcolm), about how AI is transforming the insurance customer journey. Tim explores the growing role of AI agents in helping consumers research, compare and purchase insurance, the regulatory and consumer protection challenges that come with this shift, and how insurers can prepare for a future where AI-powered assistants become a primary channel for customer engagement. The discussion also examines the opportunities for greater personalisation, improved customer outcomes and a fundamentally different approach to buying insurance.
In this episode of Matheson Talk Insurtech Insights, James Grogan sits down with Gary Leyden, CEO of InsTech.ie, to explore the growth of Ireland's Insurtech ecosystem and its ambition to position Ireland as a global hub for insurance innovation. Gary discusses the role of startups, insurers, regulators and investors in driving innovation, the challenges and opportunities presented by AI, and why Ireland is uniquely placed to become a leader in Insurtech.
Behind the scenes of Ireland’s EU Presidency: insights from Rory Montgomery by Matheson LLP, Irish Law Firm
In the first episode of Matheson Talks Insurtech Insights, James Grogan speaks with Luke Mackey, CEO and Co-Founder of Kota, to discuss building one of Ireland's fastest-growing Insurtech businesses. Luke shares his journey from entrepreneur to Insurtech founder, the challenges of building a technology-first business in a highly regulated industry, and how Kota is reshaping employee benefits through digital innovation. The discussion also explores scaling a start-up, fostering a high-performance culture, working with regulators and insurers, and the opportunities and challenges that AI presents for the insurance industry.
In the first episode of Matheson’s EU Presidency Podcast, we discuss the EU’s 28th regime and EU Inc - the European Commission’s harmonised company form proposal aimed at transforming business across all Member States. The discussion also explores how Ireland can progress the regime during its EU Presidency, including potential national steps, coordination with EU institutions, and opportunities to shape implantation at Member State level.
In this two-part episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by senior associates Rachel Kenny, Jennifer Bassett, Colum Holland, Trina Dzidonu and Ciara Taggart to examine the key employment law changes and themes that will likely be across the desks of employers and HR professionals in 2026.In Part Two, Bryan, Trina, Colum, and Ciara discuss recent developments in global mobility and immigration, trends in whistleblowing, and the growing impact of AI on WRC litigation, workplace processes and employer compliance.
Series, Bryan Dunne, Head of Employment, is joined by senior associates Rachel Kenny, Jennifer Bassett, Colum Holland, Trina Dzidonu and Ciara Taggart to examine the key employment law changes and themes that will likely be across the desks of employers and HR professionals in 2026. In Part One, Bryan, Rachel and Jennifer discuss the Pay Transparency Directive and the evolving landscape around return to office practices, flexible working arrangements and managing poor performance.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by partner Alice Duffy to examine the growing trend of employees using generative AI tools to draft workplace grievances, disciplinary responses and appeal submissions. The discussion explores the practical impact this is having on employers, recent WRC and Irish High Court decisions involving AI generated legal submissions, and the WRC’s new guidance on the responsible use of AI. Bryan and Alice also outline practical steps for employers in managing AI generated complaints, the risks for employers deploying AI within HR processes, and the implications of the EU AI Act for workplace decision making.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment is joined by our newest partner, Rachel Barry, and senior associate, Colum Holland, to explore two significant developments for European Works Councils: the new EWC Directive and the landmark Irish High Court decision in the Verizon case. The discussion covers changes to EWC rights, enforcement, cost awards, and practical steps for employers preparing for legislative change.
In the latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, explores a whistleblowing case in 'A Finance Manager V A Charity'. The decision offers valuable insights into how an Adjudication Officer assesses whether a communication qualifies as a protected disclosure, and crucially, how they determine if an employee has been penalised for making one. It also sets out some of the key principles from the main caselaw in this area for employers to be aware of when assessing whether a protected disclosure has been made and also how to successfully defend any consequent penalisation claims.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the impact of the revised Consumer Protection Code from on fintechs.
In this episode of Matheson Talks Financial Regulation, Niamh Mulholland partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the impact of the revised Consumer Protection Code on fund management companies.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the treatment of frauds and scams and customers in vulnerable circumstances under the revised Consumer Protection Code.
In this episode of Matheson Talks Financial Regulation, Niamh Mulholland and Ian O’Mara partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to discuss the background to the revised Consumer Protection Code, the key changes and clarifications to the final code following the consultation period, and the requirements around implementation.
In this episode of Matheson Talks Financial Regulation, Niamh Muholland partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the impact of the revised Consumer Protection Code on MiFID firms.
In this episode of Matheson Talks Financial Regulation, Elaine Long partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the specific requirements relevant to insurance undertakings included in the revised Consumer Protection Code.
In this episode of Matheson Talks Financial Regulation, Niamh Mulholland partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the specific requirements relevant to credit institutions included in the revised Consumer Protection Code.
In this episode of Matheson Talks Financial Regulation, Elaine Long partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the distinction drawn between regulated and unregulated activities in the revised Consumer Protection Code.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the new obligations included in the revised Consumer Protection Code as they impact products sold on a digital platform.
In this episode of Matheson Talks Financial Regulation, Elaine Long partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the role informing effectively plays in the revised Consumer Protection Code.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to discuss the new guidance provided in the revised Consumer Protection Code on “Securing Customers Interests”.
In the latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by fellow partner and Head of Pensions, Lorcan Keenan and employment partner Ailbhe Dennehy to delve into the topic of mandatory retirement in the workplace. The podcast looks at this issue from both an employment law and pensions law perspective. This discussion addresses the 2024 Supreme Court decision in Mallon v The Minister for Justice, which appears to make implementing a mandatory retirement age more straightforward for employers. It also consider the pending legislation intended to regulate the use of mandatory retirement clauses and whether there is any major change for employers in this.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by fellow partner and Head of Pensions, Lorcan Keenan, senior associate, Conor Woods and associate, Trina Dzidonu on a special episode looking at the new Irish pensions auto-enrolment system, My Future Fund, due to launch in September 2025. The discussion explores all aspects of auto-enrolment, including the eligibility and the enrolment process, the key differences between the auto-enrolment system and traditional pension arrangements, and key considerations and decision points for employers ahead of the new system going live.
In this episode of Matheson Talks Financial Regulation, Grainne Callanan and Ian O’Mara partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to discuss consumer protection developments both at a domestic and European level throughout 2024 and what the direction of travel in this space is likely to be in 2025.
In this episode of Matheson Talks Financial Regulation, Elaine Long partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to reflect on the current state of play in relation to the implementation of DORA (up to date as of 17 January 2025).
In this episode of Matheson Talks Financial Regulation, Niamh Mulholland partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to reflect on her observations on the implementation and embedding of the IAF.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to reflect on current regulatory trends in the area of Financial Sanctions.
In this episode of Matheson Talks Financial Regulation, Ian O’Mara partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to reflect on current regulatory trends in the area of Financial Sanctions.
In this episode of Matheson Talks Financial Regulation, Niamh Mulholland partner in the Financial Institutions Group joins Claire Scannell, professional support lawyer to reflect on the developments in the area of fitness and probity throughout 2024 and what is expected in this space in 2025.
In this episode of Matheson Talks Financial Regulation, Joe Beashel and Grainne Callanan partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to discuss the European Commission’s retail investment strategy.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by senior associates Ellen Nolan, Shane Gallen, Rachel Barry and Jill Barrett to discuss what we see as the key employment law and HR themes for 2025.The themes discussed include: the Pay Transparency Directive and how to prepare for these changes, the HR aspects of CSRD, new rules on the use of non-disclosure agreements, the changes at US parent level on D&I programmes, trends in remote working and finally anticipated new legislation in relation to mandatory retirement.
In this episode of Matheson Talks Financial Regulation, Darren Maher, Grainne Callanan and Elaine Long partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to reflect on the legal and regulatory developments that impacted the Insurance sector in 2024 and look forward to what 2025 is likely to bring.
In this episode of Matheson Talks Financial Regulation, Louise Dobbyn and Ian O'Mara, partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to reflect on the legal and regulatory developments that impacted the Crypto sector in 2024 and look forward to what 2025 is likely to bring.
In this episode of Matheson Talks Financial Regulation, Darren Maher and Joe Beashel, partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to reflect on the Central Bank of Ireland’s reaffirmed strategy, its new organisational structure, its first Authorisation and Gatekeeping Report, its directional shift towards “smart regulation” and its priorities for 2025.
In this episode of Matheson Talks Financial Regulation, Darren Maher and Niamh Mulholland, partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to reflect on the impact of the Draghi and Letta Reports on the direction of travel of the European Commission and how that is likely to impact the regulation of financial services.
In the first of our Matheson Employment Law podcasts of 2025, Bryan Dunne, Head of Employment, is joined by two financial services industry specialists, Enda Allen and Una Hassett, on a special episode looking at recent research on the area of executive derailment in the workplace. The discussion explored what executive derailment is, why it happens, and preventative measures to help reduce it occurring, with a particular focus on how employers can significantly benefit from a greater awareness of how executive derailment can arise and how to address it early on.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, is joined by fellow employment partner, Alice Duffy, on a special episode looking at AI in the workplace. In particular, Bryan and Alice discuss how AI uses may pose a risk for employers. Also discussed is the new AI Act and resources available to help employers plan for its implementation.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, reviews the Irish High Court decision of Philip Nolan and Science Foundation Ireland from last June.This was an application for an injunction to restrain a dismissal, following an investigation into certain allegations against the plaintiff. The case, however, addressed the question of whether an employer can dismiss an employee arising out of an investigation without applying fair procedures, so long as it can show the basis for the dismissal was not misconduct. Bryan takes a look at the various employment law issues arising out of this case, including further clarification on when an employer must apply fair procedures, and whether there are circumstances where an employer is better off strategically to call out performance or other workplace issues relating to the employee, rather than take a pure no fault termination approach.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, takes a detailed look at the recently published Workplace Relations Commission Code of Practice on the Right to Request Remote and Flexible Working, what exactly it provides for and what this means for employers. Bryan also reviews a recent decision from the WRC which now sets the record for the highest unfair dismissal award granted by the WRC since it was first established in 2015 at €440,000.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, discusses recent developments and highlights the key changes set to take place in 2024, with a particular focus on: The Protected Disclosures (Amendment) Act, The EU Directive on Adequate Minimum Wage (due to be in legislation November 2024), Statutory Sick Pay, Gender Pay Gap Reporting, National pension age and auto-enrolment, Work Life Balance and Miscellaneous Act, Anticipated regulation of using AI in the workplace.
In this episode of Matheson Talks Financial Regulation, Darren Maher, Joe Beashel, Niamh Mulholland and Ian O'Mara, partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to the Financial Institutions Group to look back at what 2023 brought and look forward to what 2024 might bring for regulated financial service providers in Ireland. In particular, they consider their engagements with the Central Bank of Ireland throughout 2023, observations from industry events which they attended and supported in 2023, topics of cross sectoral importance as well as sector specific developments and what 2024 will bring across these areas.
This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode considers some of the key insurance specific comments and observations made during that podcast. The topics include the aggregation of the Irish broker market, the European Insurance Forum, Europe's retail investment strategy proposal, product oversight and governance and the likely legal and regulatory priorities for insurers and intermediaries in 2024.
This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode reflects on the activities of the Central Bank of Ireland in 2023 and in particular, our own interactions with them.
This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode highlights some of the partners' key observations from their attendance and support of industry events throughout 2023.
This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode considers a number of the areas of likely cross sectoral relevance in 2024 which were discussed during that podcast. The topics include the IAF, the Consumer Protection Code Review, Operational Resilience and DORA, the application and demonstration of legislative changes, the Green agenda, D&I, Central Bank of Ireland's supervisory priorities for 2024 and the impact of the European elections on the progression of financial services legislation.
Bryan Dunne, partner and Head of the Employment, Pensions and Benefits Group, is joined by professional speaker and Career Coach, Caroline Flanagan, to discuss Imposter Syndrome and how you can strengthen your leadership capabilities by turning Imposter Syndrome into an advantage.
In this latest episode Bryan Dunne, Head of Employment, takes you through some of the latest employment law developments. He also explores the recent Irish High Court decision of Buttimer and Oak Fuels Supermarkets Limited where the High Court reconfirmed the position that an employee's right to fair procedures is not triggered where they are being terminated within their probationary period for performance related reasons or for no reason, in accordance with their employment contract (i.e. a no fault termination). Bryan also considers how an injunction works in practice and considers the implications for both employees and employers of seeking such relief.
In this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the European Banking Authority's Guidelines on the use of Remote Customer On-boarding Solutions in connection with the 4th Money Laundering Directive and which apply from 2 October 2023. In particular, they address the scope of the Guidelines and what steps firms should take to implement the Guidelines.
Government's public consultation on the exercise of national discretions under MICAIn this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the Irish Government's public consultation on the exercise of national discretions contained within the Markets in Crypto-Assets Regulation - MiCA and in particular, Matheson's submission to that consultation.
In this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the proposal published by the European Commission in June this year for a third iteration of the Payment Services Directive – PSD 3 - aimed at modernising the legal and regulatory framework underpinning payments in the European Union. In particular, they address the background to the proposal, some of its key elements and what they could mean in practical terms, if carried through to the final text.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, takes you through a recent whistleblowing penalisation claim. The existing protected disclosures framework was significantly enhanced by the recent enactment of the Protected Disclosures (Amendment) Act 2022 which came into effect on 1 January this year. This case, although heard under the previous legislation, illustrates how extensive the protection is for whistleblowers against acts constituting penalisation. Given the broader definition of penalisation under the 2022 Act, employers should take particular note of this case!
In this episode of the Matheson Employment Law Podcast Series, we share with you a recording of our recent webinar "Individual Accountability Framework: What actions must employers take now?". Moderated by employment partner Geraldine Carr, our specialist panel comprised of Bryan Dunne, Head of Employment, Niamh Mulholland, partner, Financial Institutions Group, Susan Doris-Obando, senior associate, Employment and Majella Walsh, Head of Compliance, Europe at Scotiabank. The panel provided practical guidance for in-scope firms on the requisite actions and steps to be taken from an employment / HR perspective to ensure compliance with the obligations imposed.
In this episode of the Matheson Employment Law Podcast Series, we share with you a recording of our recent Knowledge Insights series webinar "Employment Law 2023 - The Year Ahead". Key legal developments and themes explored included the new recently enacted Transparent and Predictable Working Conditions Regulations 2022, the current status of the legislation introducing new rights in respect of requesting remote and flexible working arrangements and additional statutory leave periods. In addition, we focussed on new legislative developments which continue to promote diversity, equity and inclusion in the workplace including an overview of the proposed EU Pay Transparency Directive which is coming down the tracks as well as an overview of the actions employers should take now to narrow any Gender Pay Gap identified. Lastly, we looked at the new obligations on employers in managing whistleblowing complaints under the Protected Disclosure (Amendment) Act 2022.
In this episode Bryan Dunne, Head of Employment, takes you through some of the most recent employment law developments in Irish law, covering current trends on preparing for the gender pay gap reporting, the pending changes to the protective disclosures legislation, the new statutory sick pay legislation and progress on the right to request remote working legislation. Bryan also looks at a recent decision from the Workplace Relations Commission (WRC), Flynn V Iarnród Éireann, involving an unfair dismissal claim by an employee after he was given a four year prison sentence.
In this episode employment partners Geraldine Carr and Ailbhe Dennehy, and senior associate John Casey, discussed how employers can best prepare and comply with these new mandatory reporting obligations. Discussions included an overview of the core legal requirements, how to categorise "pay elements" for reporting purposes, an analysis of the latest guidance on the trickiest areas arising in practice; and identifying measures that employers can put in place narrow any gap identified.
The Central Bank (Individual Accountability Framework) Bill sets out new requirements in respect of senior executives working in the financial sector. Under the Bill, regulated financial service providers ("RFSPs") are required to report to the Central Bank which senior executives are responsible for key roles and responsibilities within their business and of particular note, removes the 'participation link' in the Administrative Sanctions Procedure, which effectively dispenses of the requirement for the Central Bank to prove breaches against a firm before it can sanction an accountable individual.
The long awaited Irish gender pay gap regulations were eventually published at the end of May. In this latest podcast Bryan Dunne, Head of Employment at Matheson provides you with a recap on the legislation and goes through some of the most frequent clients' questions and answers on the new regulations and what they key issues are already.
This podcast discusses the long anticipated mandatory gender pay gap reporting obligations which are expected to become a reality for Irish employers in June 2022. In advance of this, and as clients get preparations underway, Bryan Dunne, Head of Employment at Matheson, shares this 2019 podcast recording that outlines the key concepts involved, and what practical steps employers should already be doing now to get ready for their selected June date. While there have been obvious developments since recording this podcast, the key insights and recommendations are still relevant and quite timely.
This podcast discusses the key employment law and HR themes for 2022. Matheson Partners including Bryan Dunne, Russell Rochford and Ailbhe Dennehy along with Senior Associates Ruth Keehan, Ellen Nolan and Tina O'Sullivan share their insights into what businesses can expect to be a priority this year. Discussions included shining a spotlight on the Government’s Remote Working Strategy, the 2021 Code of Practice on the Right to Disconnect, gender pay gap reporting, COVID-19 risks and implications and upcoming changes expected in the whistleblowing legislation this year.
In this episode of the Matheson Employment Law Podcast Series, the Employment, Pensions and Benefits Group will share with you a recording on the Key Employment Themes and Predictions for the Year Ahead.
In this episode of the Matheson Employment Law Podcast Series, we will share with you a recording of our recent client webinar on The Right to Disconnect in Ireland. The panel provided insights into what the published Code of Practice on the Right to Disconnect will mean in practice for businesses. They discussed best practice guidance for a Right to Disconnect Policy, the cultural and operational challenges that the Code gives rise to for domestic and international employers and the practical steps that employers can take to comply with the Code.
In this episode, we will share with you a recording on Managing Redundancies in a Remote Environment. Employment partner Geraldine Carr, senior associate Eimear Boyle and associate Denise Moran considered the legal and procedural obligations on employers in running both individual and collective redundancies remotely and how employers are now managing the practical issues in the current environment.
Episode 46: Brexit and HR - The Implications for Employee Data Transfers and EWCs converting to Irish Law
In this episode, we will share with you a recording of our recent client webinar on Brexit and HR issues. Employment partners, Bryan Dunne, Deirdre Crowley and Russell Rochford were joined by Kevin Duffy, former Chairman of the Labour Court and Tom Hayes, Executive Director of the Brussels European Employee Relations Group (BEERG) and Director of European Union Affairs of the HR Policy Association, Washington DC. The panellists focused on matters such as the implications for multi-national employers currently operating European Works Councils under UK law of Brexit and the growing trend amongst UK based EWCs to convert to Irish law, as well as some of the practical issues involved in running an EWC under Irish law.
In this episode of the Matheson Employment Law Podcast Series, Head of the Matheson Employment, Pensions and Benefits Group, Bryan Dunne will share with you a recording of our recent client webinar which is part of a series on COVID-19 HR issues.
In this episode of the Matheson Employment Law Podcast Series, Head of the Matheson Employment, Pensions and Benefits Group, Bryan Dunne will share with you a recording of our recent client webinar which is part of a series on COVID-19 HR issues. On this occasion, Geraldine Carr, one of our employment partners, led a discussion on some of the key emerging trends around remote working and also return to work planning.
In this episode the In this episode the Matheson Employment, Pensions and Benefits Group share their insights into the common pitfall that they see employers running into in implementing redundancies and other cost-cutting measures.
In this episode of the Matheson Employment Law Podcast Series, the six Employment, Pensions and Benefits Group partners discuss what they see as the key themes and issues for Irish employers into 2020. This includes mandatory retirement ages in light of the RTE decision and now that it has become an election issue, the CBI SEAR proposals for regulated financial services firms, the anticipated Nano Nagle Labour Court decision on reasonable accommodation, and pensions auto-enrolment.
In this episode Bryan Dunne, Head of Employment at Matheson, discusses the Supreme Court judgment in the Daly and Nano Nagle case. This deals with the question of just how far an employer is required to go in providing reasonable accommodation to an employee with a disability in the workplace.
In June of this year, Geraldine Carr, a partner in the Employment team and Jane McKeever, a senior associate in the Pensions team hosted a seminar on working beyond retirement age. They were joined by Garry Clarke, a senior retirement consultant with Aon. Deirdre Cummins, a partner in the Pensions team, chaired the discussion.
The panel discussed the various legal issues that arise for employers and pension scheme trustees when employees wish to work beyond their contractual retirement age. This included analysis of the current position in Ireland on mandatory retirement ages and how employers are dealing with requests to work beyond that age, including how pensions may be affected. The panel also discussed whether these arrangements could raise any discrimination concerns.
In this episode of the Matheson Employment Law Podcast Series Partner and Head of Employment, Bryan Dunne, together with other specialists in the Matheson Employment, Pensions and Benefits Group look at the key employment, corporate immigration and pensions and benefits issues that clients have been focussing on in their Brexit planning and need to be aware of.
In this episode, Samantha Brown and Rachel Pinto of Herbert Smith Freehills share lessons they have taken from the UK market in bulk annuity transactions and also provide tips for making the transaction process more efficient.
In this episode, Jane McKeever, a senior associate from the Employment Pensions and Benefits Group at Matheson, explores the main trustee and employer considerations when an annuity buy-in is proposed. Darren Maher, head of Matheson’s Financial Institutions Group also examines the insurance angle and highlights some of the issues to be borne in mind when structuring and documenting these transactions.
In this episode, John O’Brien of Mercer discusses the different types of liability management exercises currently being seen across the market and how annuity buy-ins can assist with managing liabilities and reducing volatility.
Since this recording, we have clarified that the continuation of the Common Travel Area will not require amending legislation. However, there is a concern that post-Brexit, the issue of the 50 / 50 rule, outlined in the Employment Permits Act, whereby the Department of Business will not issue or renew an employment permit where the employer has less than 50% of its employees of EEA/Swiss nationality, will operate to exclude British nationals. This could mean that employers who are currently eligible to obtain an employment permit would become ineligible overnight with a consequent impact on their ability to renew any already-issued employment permit they hold, whether for British or non-EU nationals. Should a Brexit withdrawal agreement be reached, Section 91 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 as it currently stands would continue to include UK nationals as EEA nationals. However this would not apply in the instance of a no-deal Brexit.
Death benefit decision making can present significant challenges for trustees of occupational pension schemes, particularly in cases where there are competing beneficiaries. Mistakes in this area can provide costly as decisions, once implemented, can be very difficult to unwind.
In this episode, Deirdre and Jane discuss some of the common issues that can arise when trustees are faced with a making a decision around the payment of death benefits. They provide guidance around what constitutes a robust decision making process and also outline steps that trustees can take to avoid their decisions in this area being disputed.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne is joined by four other partners from the Matheson Employment, Pensions and Benefits Law Group to talk about what they expect to be the five key themes in Irish employment and pensions law in 2019. This ranges from the gender pay gap legislation, preparing for the Central Bank of Ireland’s senior manager regime, to auto enrolment in pensions, GDPR in HR and finally dealing with the new legislation on banded hours and zero hours contracts.
In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne reviews Irish Rail and McKelvey, a case from the Irish Court of Appeal that was handed down at the end of October. This case is a critical development in Irish employment law and a very positive outcome for employers as it overturned the controversial Lyons decision from 2017, which had suggested that employees should be entitled to legal representation at all internal disciplinary hearings.
The new EU Directive on the activities and supervision of institutions for occupational retirement provision (commonly known as “IORP II”) is due to be transposed into Irish law by 13 January 2019. Amongst other things, IORP II seeks to improve the governance of pension schemes and promote risk-based supervision. When implemented, it will require significant changes to be made by many Irish pension schemes.
In this episode, Deirdre and Jane discuss the aspects of the Directive that are likely to impact most on Irish pension schemes. In the absence of draft implementing legislation at national level, they consider what guidance can be offered by recent pensions related consultation papers and Pensions Authority guidance in relation to the likely approach to be taken in implementing the Directive. They also provide insight on steps that trustees can start taking now to prepare for the changes to come.
In this episode Paraic Madigan, head of the Private Client Department, Joe Beashal, partner in the Financial Institutions Group and head of the regulatory risk management and compliance team, and Lydia McCormack, a senior associate of the Private Client Department discuss the Assisted Decision Making Capacity Act 2015 (the ''Act''). The podcast focuses on the impact of the Act for financial bodies and intermediaries and is aimed at those working in, or advising on, the financial sector. In particular it focuses on what it will mean for financial bodies if they are considered “interveners” under the Act and how financial bodies will manage a potentially conflicting duty under the Consumer Protection Code and the Act.
In this episode Bryan Dunne, Head of the Employment Practice at Matheson reviews a recent decision from the Irish Workplace Relations Commission in a race discrimination claim brought under the Employment Equality Acts. This particular case is a very strong example of how an employer can successfully defend a discrimination claim and it will show that an employer doesn’t necessarily have to go to significant lengths to succeed in this type of defence.
Earlier this year, the Government launched “A Roadmap for Pensions Reform 2018 – 2023”, a five-year action plan for the reform of the Irish pension system. In this episode, Deirdre and Jane discuss the Roadmap, examining, in particular, the Government’s proposal to introduce auto-enrolment to increase private sector pensions coverage and help individuals save for their retirement. Deirdre and Jane also explore the Strawman Public Consultation Process that was published recently in relation to the Government’s auto-enrolment proposals and provide insights on how the system might work in Ireland.
In this episode Joe Beashel, partner in the Financial Institutions Group and head of the regulatory risk management and compliance team, and Lydia McCormack, a senior associate of the Private Client Group focus on the impact of the Assisted Decision Making Capacity Act 2015 for financial bodies and intermediaries and is aimed at those working in, or advising on, the financial sector.
In this episode, Employment partner, Bryan Dunne looks at three recent decisions of the Irish Labour Court under the Industrial Relations (Amendment) Act, 2015, the legislation introduced to protect employees where their employer refuses to recognise their trade union. In particular, the podcast looks at what these decisions means for you as employers and asks whether this legislation, and the threat of a trade union seeking an order for improved terms from the Labour Court, is still something employers need to be overly concerned about into the future or if it is now clear the trade unions themselves have given up on this route.
In this episode Bryan Dunne, Head of the Employment Practice at Matheson talks with Geraldine Carr, a senior associate in the Employment Practice about her six-month secondment in the Matheson Californian offices. Geraldine discusses some of the key trends in US workplaces which will find their way into Irish workplaces very soon and some of the main issues that US employers struggle with when it comes to dealing with Irish employment law. Bryan also considers a case previously reviewed in Spring 2017 on the question of when notice of termination of employment takes effect, whether it is when issued, when received or when read. This question has now recently been decided by the UK Supreme Court, hopefully once and for all.
In this special episode, we take a detailed look at the HR aspects of GDPR and what employers should already be doing to prepare for the new GDPR regime.
Deirdre Cummins, Pensions partner and Jane McKeever, Pensions associate address questions arising from the previous episode of the podcast which focused on the General Data Protection Regulation and the implications for pension schemes of this major development in data protection law.
In this episode Bryan Dunne, Head of the Employment Practice at Matheson covers a recent decision of the Irish Court of Appeal, Nano Nagle and Marie Daly. This case dealt with the very practical question of just how far an employer is required to go to provide reasonable accommodation to an employee with a disability in the workplace and at what point an employer can lawfully conclude that an employee’s disability is such that they are no longer capable of performing the role that they have been hired for.
In this special episode, Matheson employment partners Bryan Dunne and Russell Rochford look at the areas that they predict will be the most active for employment lawyers and HR directors in 2018. This ranges from GDPR and the impact that this will have on dealing with data access requests in particular to the proposed gender pay gap legislation, which has now been given priority in the Government’s most recent legislative schedule. Russell and Bryan also look at predictions and growing trends in relation to increased trade union activity against non-union employers and the impact that expected legislation on mandatory retirement ages will have in the workplace, amongst other key themes.
n this episode Bryan Dunne, Head of the Matheson Employment Practice, discusses two seperate issues. The first is the recent decision of an Irish adjudication officer which dealt with the question as to whether an employer is allowed to refuse to pay paternity leave when at the same time paying generous maternity leave. The second issue is the recently enacted Mediation Act 2017 and the issues and opportunities that it presents for employers under Irish law.
Bryan Dunne leads a panel discussion with Tom Mallon BL, Cathy O'Grady, International Senior HR Director at Groupon, Desmond Ryan BL and Niall Pelly, Matheson Partner on Lyons v Longford and Westmeath Education and Training Board. This was a decision that held that an employee was entitled to full fair procedures at an internal disciplinary investigation, including the right to cross examine witnesses and to legal representation.
In this episode Bryan Dunne, Head of the Matheson Employment Practice leads a panel discussion with Tom Mallon BL, Cathy O'Grady, International Senior HR Director at Groupon, Desmond Ryan BL and Niall Pelly, Partner Matheson on Lyons v Longford and Westmeath Education and Training Board. This was a decision that held that an employee was entitled to full fair procedures at an internal disciplinary investigation, including the right to cross examine witnesses and to legal representation.
Listen to Insurance Partner April McClement’s Driverless Cars Newstalk interview on the impact driverless cars will have on motor insurance in Ireland and the reform required to existing driver-centric legislation.
Bryan Dunne discusses a recent decision of the Irish Labour Court, a decision that was handed down at the end of July just past and this is the case of DHL and Michael Coughlan.
In this episode Deirdre and Jane are focusing on the general scheme of the Social Welfare and Pensions Bill 2017 and the implications and impact of this. Later on in this episode Deirdre and Jane will also be discussing in an Irish law context the implications of the recent Court of Appeal decision in the IBM case.
Bryan Dunne revisits the High Court's decision in Lyons v Longford Westmeath Education and Training Board, a decision that has been extremely controversial over the past number of weeks for both employment lawyers and HR directors. This is because, in that case, Judge Eagar in the High Court seemed to suggest that an employee is entitled to the full range of fair procedures at the disciplinary investigation stage, including the right to cross-examine witnesses and the right to be legally represented.
Since that decision was issued on 7 May last, two new decisions of the High Court have issued from Judge McDermott in the last six weeks and both of those decisions, depending on how you interpret the Lyons decision, appear to contradict the key point. They both deal with the same question as to the extent to which an employee is entitled to fair procedures at the preliminary investigation stage. However, they both conclude that this right is confined to the formal disciplinary hearing stage; the point at which a decision is made in relation to the disciplinary matter.
In this latest episode of the Matheson Employment Law Podcast Series, Bryan discusses a decision of the High Court from May of this year, which held that employees are entitled to both the right to cross-examine witnesses and the right to legal representation at the preliminary investigation stage of a disciplinary process. Based on earlier case law on the issue of fair procedures, as also identified in this case, this may not be seen as such a striking legal development, if at the stage in the disciplinary process where the employer is deciding whether the allegations are proven and if so, what sanction should be applied. However, in terms of actual HR and employment law current practice, if the investigation is no more than a fact gathering exercise to decide if the matter should go to a disciplinary hearing. This would require the majority of employers to adapt their practices to allow for both cross-examination and legal representation at investigation meetings, as well as potentially other aspects of fair procedures also.
Bryan also discusses updates on mandatory retirement ages and the positive impact for employers in the Supreme Court decision on what constitutes bullying in Ruffley v Board of Management of St Anne’s School.
In the latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne is joined by Anne-Marie Bohan, a Partner in the Matheson Data Protection Practice Group, to discuss the implications for employers and Irish employment law of the new General Data Protection Regulation. With just under one year to go until implementation of the Regulation, Bryan and Anne-Marie discuss the steps employers should be taking now to prepare for this.
The European Securities and Markets Authority ("ESMA") published a significant opinion in May which sets out general principles on the supervisory approach in assessing the relocations of entities from the United Kingdom to the remaining 27 European Union members states.
Matheson Partner and Head of the Regulatory Risk Management Practice Joe Beashel analyses the key points for consideration and assesses the impact from an Irish perspective in the first of our podcasts on Brexit.