The March issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.

This month's edition features an overview of the European Union (Transparent & Predictable Working Conditions) Regulations 2022 which became law on 16 December 2022. The definition of ‘employee’ includes self-employed under s 1(1) of the 1994 Act. This is the first time that probationary periods are addressed in legislation. Prior to this they were governed by contract. The Regulation amends Terms of Employment (Information) Act 1994 and requires that employers must provide an employee, within one month of starting with a written statement of the full terms of employment. This is a reduction from two months.

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The Assisted Decision Making (Capacity) Act, 2015 will commence on 26 April 2023.  The Courts Service has said that it is continuing to work with the Decision Support Service (DSS) and other agencies & committees in preparation for the commencement date.

Section 21 of the Nursing Support Scheme Act, 2009 (Appointment of Care Representatives in case of a person not having full capacity) will be amended when the Assisted Decision Making (Capacity) Act, 2015 (ADMC) is commenced.

Practitioners should note that 25 April 2023 is the last date for receipt of Care Representative applications in all Court Offices.    

From 26 April 2023, all such applications must be made pursuant to Part 5 of the Assisted Decision Making (Capacity) Act, 2015.

Following recent judicial comments, the Litigation Committee of the Law Society has considered the issue of solicitors commissioning reports directly from medical practitioners.

In this regard, the Committee was assisted by the decision of Mr Justice Ferriter in McLaughlin v Dealey and HSE [2023] IEHC 106.

The principles set out by Mr Justice Ferriter have underpinned the protocol which the Committee believes solicitors should follow. The protocol balances the importance of the court having all the relevant evidence before it with the desirability that a treating doctor should give evidence where possible.