Insolvency Reform Expands Protections
New Legislation Enacted
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The Protection of Employees (Employer’s Insolvency) (Amendment) Act 2025 has been signed into law. The Act includes provisions which enable employees to apply to have their employer deemed insolvent for the purpose of accessing insolvency payments, and which seek to correct a legislative deficiency for people who are owed compensation for findings of gender discrimination from an informally insolvent employer, i.e., situations where companies have ceased trading but have not gone through a formal winding up process in the courts.
A further commencement order will be required for outstanding changes introduced by the Act to become effective, including those allowing for a two-year claim period for workers affected by informal insolvency to recoup money owed to them from a period beginning 22 October 1983.
New Rights for Employees Approaching Retirement Age
New Legislation Enacted
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The Employment (Contractual Retirement Ages) Act 2025 went into effect on 29 June 2026. The Act creates a new right for certain employees to notify their employer that they do not consent to retire at the contractual retirement age when that age is lower than 66, the current state pension age. The Act applies only when employees are subject to a contractual retirement age below the state pension age, have completed their probationary period and have notified their employer that they wish to continue working until at least their 66th birthday.
The Act has also been accompanied by the publication of an updated Workplace Relations Commission Code of Practice on Longer Working, which took effect on the same date.
Launch of the Gender Pay Gap Reporting Portal
Proposed Bill or Initiative
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The public side of the Gender Pay Gap reporting portal has recently been launched. The portal is currently operating on a voluntary basis, and the government has announced that legislation is being drafted to require employers to upload their gender pay gap reports to the portal by the November 2026 reporting deadline. Employers must continue to upload their 2026 reports to their website, and it is unclear whether reports from previous years must be uploaded to the portal as well.
Artificial Intelligence Bill Advances
Proposed Bill or Initiative
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The Regulation of Artificial Intelligence Bill 2026 (the Bill) has been published and is working its way through the legislative process. The Bill is necessary to implement Regulation 2024/1689 (the EU AI Act). Under the Bill, AI used in HR practices may be reviewed by Irish regulators, not just internally or at the EU level. Employers are treated as the “deployer” of AI systems, even if the tool is purchased off-the-shelf. This means that employers have specific obligations under Article 26 of the EU AI Act.
Pay Transparency Implementation Remains Pending
Proposed Bill or Initiative
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The implementation deadline for the EU Pay Transparency Directive passed on 7 June 2026. To date, Ireland’s transposing legislation has not yet been drafted. The Department of Children, Disability and Equality recently re-affirmed that: (i) work is continuing on the legislation required to fully transpose the Directive; (ii) implementation will happen on “a phased basis;” and (iii) employers will not be penalized for not having had all elements of the Directive completed in June 2026.
In a recent written parliamentary response, the Department noted that it is commissioning a dedicated gender-neutral job evaluation toolkit, based on the European Institute for Gender Equality’s equivalent, and that employers will be invited to attend workshops on its use in due course.
Government Announces Key Employment Initiatives
Proposed Bill or Initiative
Authors: Lisa Collins, Associate and Ailbhe Marsh, Associate
The Government’s Summer legislative program has been published, outlining the Government’s legislative priorities for the upcoming parliamentary session. The program includes the following bills: The Equality (Miscellaneous Provisions) Bill, Gender Pay Gap Information (Amendment) Bill, Pay Transparency Bill, Regulation of Artificial Intelligence Bill, and the Registration of Trade Unions Bill.
