Employer Resources Newsletter - December 2025

Employment Law Considerations Around Engaging Relief or Seasonal Employees

The Christmas season is a busy time for organisations and their employees. As the year ends, demand for services often rises. Employees also want to use their leave to be with family. This can strain labour resources. To manage this, organisations usually hire seasonal or relief employees. The following FAQs will help organisations navigate this challenge while following Irish employment law.

Do seasonal/relief workers need a contract of employment?

Yes, seasonal workers have the right to a written statement of terms and conditions or a written contract. This should be provided within five days of starting work. Organisations must give a written statement of core terms within five days and the rest within one month. Best practice includes being clear about the agreement’s duration. A fixed-term or specific purpose contract should state the end date if known. This contract also outlines the rights and responsibilities of both parties.

Do seasonal/relief workers have the same rights as full-time employees?

Seasonal workers may not have exactly the same rights as full-time employees, but they are still protected by various laws. To confirm rights and ensure compliance, it's best to have the employee sign a fixed-term or specific purpose contract before starting. Seasonal employees are entitled to rest periods, paid annual leave, public holiday entitlements, minimum wage, and health and safety protections. Employment equality rules apply from the start of a seasonal employee's contract. To avoid discrimination claims, organisations must treat seasonal workers fairly, considering the nine protected grounds in the Employment Equality Act, such as age, disability, gender, and family status.

Are there any specific compliance requirements for seasonal employees?

Yes, the Protection of Employees (Fixed-Term Work) Act requires that fixed-term workers be treated no less favourably than permanent employees. Employers must also inform fixed-term workers about job vacancies so they have the same chance of securing a permanent position.

Do we need to provide training to seasonal employees?

Yes, training, onboarding, or induction is crucial for seasonal employees. Health and safety issues specific to the role or workplace need to be addressed. Proper onboarding helps employees perform better during busy periods. It ensures they are ready to meet the demands of their roles.

Conclusion

Engaging seasonal or relief employees during the busy Christmas period requires careful planning and compliance. Even for short-term roles, organisations must provide proper documentation and ensure statutory rights and protections. Clear fixed-term contracts, effective training, and vigilance regarding equality and safety obligations help reduce legal risks. By treating seasonal employment with the same care as permanent roles, organisations can meet festive demands while creating a compliant, safe, and productive environment for everyone.

Adare is a team of expert-led Employment Law, Industrial Relations and best practice Human Resource Management consultants. If your organisation needs advice, support, or guidance about compliance requirements or any HR issues, please contact Adare by calling (01) 561 3594 or emailing info@adarehrm.ie to learn what services are available to support your organisation.

Dublin Office: (01) 561 3594 | Cork Office: (021) 486 1420 | Shannon Office: (061) 363 805

info@adarehrm.ie | www.adarehrm.ie

Senior Employee Paid Less Than New Recruits Awarded €16,000

Background

The Complainant claimed he faced discrimination, including unequal pay for equal work.

Summary of Complainant’s Case:

The Complainant worked for the Respondent from March 2015 until his dismissal in December 2023. At dismissal, he was 68 years old, earning €16.48 per hour for a 20-hour week.

He stated he earned €32,500 annually when full-time, while younger colleagues doing similar tasks earned more. He mentioned two colleagues: one earned €39,500, and another earned €38,000.

The Respondent argued that the pay difference was due to qualifications. However, the Complainant had relevant certifications, including Health and Safety Management, First Aid, CPR, and Dignity and Respect at Work training.

Although the Respondent denied unequal pay, they raised the Complainant’s salary to €34,000 and issued back payment of €4,453.60. In December 2023, they dismissed his concerns, citing flexibility in extending his employment past retirement age.

The Complainant believed his dismissal and the pay gap were due to age discrimination.

Summary of Respondent’s Case:

The Respondent stated that in early 2022, while developing a new service model, the Complainant requested to continue working. They agreed on a fixed-term contract until the end of 2022, with no new duties added.

Throughout 2022, the Respondent communicated the new strategy and its impact on roles. In October 2022, the Complainant sought another extension. The Respondent offered two choices: six months at 37 hours per week or 12 months at 20 hours per week.

The Complainant chose the latter and was informed it would be his final contract, ending in December 2023. The Respondent offered retirement planning support, which the Complainant declined.

In November 2022, the Complainant suggested working until age 70 for financial reasons. The Respondent refused, citing previous extensions beyond retirement age and a new structure needing different qualifications. They confirmed the final extension in writing.

On 18 December 2023, the Complainant emailed HR, claiming unequal pay among Stroke Coordinators. HR replied the next day, stating no underpayment had occurred.

The Respondent explained that since late 2022, new roles needed higher qualifications and had a broader scope, justifying a higher salary. However, during cross-examination, the Respondent’s witness could not explain the exact role details or the responsibilities that justified the pay differences. She did admit there was no clear reason for the Complainant's €32,000 salary when new hires earned €34,000.

The Respondent noted that one comparator was hired for a different role with a higher salary, but she remained on that salary when returning to a full-time Coordinator role. Thus, the justification for her higher pay had lapsed.

As a goodwill gesture, the Respondent made an ex-gratia payment based on the full-time equivalent for new hires from January 2022. This payment was meant as a positive gesture at retirement.

Findings and Conclusions:

The Respondent presented no evidence to support its justification for paying the two identified comparators higher wages. While they mentioned the role requiring a third-level qualification and a broader job description, no documents distinguished this from the Complainant’s role.

The Adjudicator noted that there was clear evidence showing the Complainant was paid differently from others doing similar work. The Complainant proved he performed like work.

The difference between full-time and part-time hourly pay was also significant. The Complainant sought to work 37 hours a week until he received an ultimatum in November 2022: accept a 20-hour contract for one year, a 37-hour contract for six months, or no further contract.

No statistical data was provided, despite the Respondent mentioning benchmarking and pay reviews, to justify different pay rates for Stroke Group Coordinators. There was also no evidence from either comparator regarding their duties, qualifications, or skills mentioned by the Respondent. No evidence showed any Coordinators earning the same hourly rate as the Complainant.

Finally, the Respondent’s “adjustment” to the Complainant’s salary of €4,453.60, marked as “back pay,” was noted on his payslip. An email stated this increased his wages to a “full-time equivalent of €34,000 effective January 2022.” While seen as goodwill, it effectively acknowledged that his colleagues earned a higher hourly wage of €17.67 compared to the Complainant’s €16.48 in 2022.

Thus, the Adjudicator found no objective justification from the Respondent for paying the Complainant a lower hourly rate for the same work compared to the two valid comparators.

For these reasons, the Adjudicator determined the Complainant faced discrimination under the equal pay provisions of the Employment Equality Act.

Decision:

The Adjudicator ordered the Respondent to compensate the Complainant over €16,000 for the effects of discrimination under the equal pay provisions of the Employment Equality Act.

Recommendations for Employers:

Equal pay claims often involve comparators with more seniority or experience earning more than peers doing similar work. This case was different: the Complainant, with significant experience since March 2015, claimed he earned less than new recruits.

While equal pay claims are rare, increasing pay transparency regulations in 2026 may lead to more claims. Employers should conduct risk assessments to identify any pay disparities among employees doing like work without objective justification.

Auto-enrolment Update: My Future Fund Employer Portal Open for Registration

The My Future Fund Employer Portal opened on 1 December. This is to prepare for the first contributions under the new automatic enrolment scheme starting in January. 

Organisations should take these steps to get ready:

• Complete their profile on the My Future Fund Portal by the end of December 2025.
• Set up a payment method.
• Run payroll as usual in January.

The National Automatic Enrolment Retirement Savings Authority (NAERSA) will run online portals for employers and employees. This aims to ease the compliance burden for organisations. NAERSA will check employees' payroll records to see who is eligible for auto-enrolment.

Employees will be automatically enrolled if they:

• Are aged between 23 and 60.
• Earn €20,000 or more per year across all jobs.
• Do not have existing supplementary pension coverage.

Organisations won’t need to check if employees meet these criteria. Once an employee is eligible, NAERSA will send their employer an Automatic Enrolment Payroll Notification via payroll software.

All organisations with employees in Ireland, no matter their size or structure, must support the auto-enrolment scheme for eligible employees and those who want to opt in.

To help organisations meet these new duties confidently, Adare’s consultants offer expert HR guidance on all aspects of auto-enrolment compliance.