1. Introduction
Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. 686 of 2022), employers must provide each new employee with a written statement of core terms within five days of commencing employment. The remaining terms must be provided within one month.
In Doyle v Astronomy Ireland the WRC awarded €2,153.88 to a complainant who was not provided with the statutorily required statements. This article considers the decision and the wider obligations under the Terms of Employment (Information) Act 1994.
2. Legislation and Case Law
Section 3(1A) of the Terms of Employment (Information) Act 1994, as inserted by the European Union (Transparent and Predictable Working Conditions) Regulations 2022, requires the employer to provide a written statement of core terms within five days of commencement. The core terms include the names of the parties, the employer’s address, the duration of the contract, pay, and the working hours.
Section 3(1) requires the employer to provide a full written statement of all terms and conditions within one month, including matters such as paid leave, sick pay arrangements, pension entitlements and notice periods.
Section 7 of the 1994 Act confers complaints jurisdiction on the WRC and provides for compensation of up to four weeks’ remuneration where a complaint is upheld.
Directive 2019/1152 on transparent and predictable working conditions, which the 2022 Regulations transpose, requires Member States to provide effective and proportionate sanctions for non-compliance.
3. Decision
The WRC examined the documentation provided by the employer and found that the complainant had not received the five-day statement of core terms.
Compensation of €2,153.88 was awarded under Section 7 of the 1994 Act, reflecting the breach and serving as a deterrent against similar non-compliance.
The decision underscores the heightened compliance obligations introduced by the 2022 Regulations and the WRC’s willingness to make substantive awards even for purely procedural breaches.
4. Takeaway
Employers should incorporate a five-day core terms statement into their standard onboarding process. The statement should be issued before or on the fifth day of employment and signed by the employee for evidential purposes.
Employees who have not received the prescribed statements may bring a complaint under the 1994 Act. Even where no consequential loss has been suffered, compensation may be available reflecting the breach itself.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
