Laura GrahamPartner

Qualifications
  • Honours degree from Trinity College Dublin in Classical Studies and French
  • Diploma in Employment Law from the Law Society of Ireland 
  • Registered Trade Mark Attorney
  • Member of the Employment Law Association of Ireland
Expertise
  • Commercial Law
  • Employment Law
  • Professional Discipline and  Regulation
  • Intellectual Property Law
  • Sports Law
  • Data Protection Regulations
Experience
  • Joined Reddy Charlton in 2007 and qualified as a solicitor in 2010
  • Particular expertise in Employment Law and advises clients on a range of contentious and non-contentious employment matters
  • Also advises on Disciplinary and Regulatory Law
  • As a trademark attorney, advises on all aspect of trademark registration and infringement in both Ireland and the EU
Recent Work Highlights
  • Regularly advises Croke Park on various agreements including, service agreements and premium seat agreements
  • Advised a large sporting organisation on restructuring of the organisation and constitution
  • Advised an e-commerce marketing and development agency on collective redundancies
  • Advised a large sporting organisation on GDPR and Data Access provisions
Committees/Memberships

Member of the Employment Law Association of Ireland.

Languages

French

  • Keeping the cat in the bag

    Keeping the cat in the bag Protecting confidential information. Confidential information is a valuable commercial asset to a business.  Like other assets of the business, confidential information requires protection. During the course of employment, employees usually have access to confidential information, which can range from client contact details to a secret formula. While an employer

    21st August 2019
  • Garden Leave

    Garden Leave What is a Garden Leave Clause? Garden Leave refers to a clause in a contract of employment which allows an employer to require an employee not to attend work or to only carry out limited tasks during the period of garden leave. Generally, the employee continues to be paid during a period of

    10th July 2019
  • Legal Pitfalls in Conducting an Interview

    Legal Pitfalls in Conducting an Interview Under the Employment Equality Acts 1998 to 2015 (‘the Acts’), interview candidates are protected against discrimination during the recruitment and selection process. Interview candidates can make a data access request, requesting access to any personal data held about them. That personal data may include notes made during the interview

    19th June 2019
  • The Employment (Miscellaneous Provisions) Act 2018

    The Employment (Miscellaneous Provisions) Act 2018 The Employment (Miscellaneous Provisions) Act 2018 (the “Act”) came into effect on 4 March 2019. The main purpose of the Act is to provide certainty and predictability of working hours for workers engaged in casual employment. The Act will immediately affect all employers, with the Minister for Employment, Affairs

    19th May 2019
  • Time to Refresh Contracts of Employment and Recruitment Practices

    Time to Refresh Contracts of Employment and Recruitment Practices The Employment (Miscellaneous Provisions) Act 2018 The Employment (Miscellaneous Provisions) Act 2018 (“the Act”) is due to come into effect on 1 March 2019. The Act will impose significant obligations on employers, with particular implications for sectors where flexible working is routinely used. There is very

    8th April 2019
  • The Importance of Including a Mobility Clause in Your Contract of Employment

    The Importance of Including a Mobility Clause in Your Contract of Employment Introduction Under The Terms of Employment (Information) Acts 1994 – 2014, an employer is required to provide an employee with a statement in writing containing the employee’s terms of employment. This statement is required to be delivered to the employee within two months

    8th March 2019
  • The Right to Cross-Examination and the Right to Legal Representation in Workplace Investigations

    The Right to Cross-Examination and the Right to Legal Representation in Workplace Investigations The Court of Appeal has recently provided clarification on the issue of an employee’s right to be legally represented at a workplace disciplinary proceedings. In McKelvey v. Iarnród Éireann [judgment 31 October 2018] the Court of Appeal overturned a decision of the

    19th February 2019
  • Contractual Terms Implied by Reason of Custom and Practice

    Not all the terms governing the employment relationship are found in the contract. Laura Graham looks at those terms implied by custom and practice.

    15th February 2019
  • Let’s Talk – The Mediation Act 2017

    Let’s Talk – The Mediation Act 2017 The Mediation Act 2017 (“the Act”) commenced on 1 January 2018 and contains a number of changes that directly affect the area of litigation and dispute resolution. Under the Act, it is now obligatory for solicitors to advise clients to consider mediation as a means of attempting to

    27th January 2019
  • Should we Include Policies and Procedures in our Contracts of Employment?

    Should we Include Policies and Procedures in our Contracts of Employment? The contract of employment is the fundamental document governing the contractual employment relationship between an employer and an employee. However, it is usually not the only document governing the relationship. Employers often have an employee handbook which includes work practices as well as policies

    19th January 2019
  • Should We Include a Retirement Age In Our Contracts of Employment? – Part 2

    Should We Include a Retirement Age In Our Contracts of Employment? – Part 2 In part 1 of this 2 part series, we looked at the issue of including a retirement age in our contracts of employment. In this part 2, we look at:- how an employer defends a claim for age discrimination and the

    20th November 2018
  • Infertility as a Disability

    Infertility as a Disability The Workplace Relations Commission has recently confirmed in the case of A Quality Control Assistant -v- A Grocery Retailer ADJ-00005772 that infertility is a disability for the purposes of the Employment Equality Acts 1998–2015 (“the Acts”). This is a landmark decision which is likely to influence how employers manage employees who

    19th November 2018
  • In Light of GDPR, Should we Include a Data Protection Clause in our Contracts of Employment?

    In Light of GDPR, Should we Include a Data Protection Clause in our Contracts of Employment? Businesses are likely to process significantly more personal data in relation to its employees than in other contexts. Accordingly, compliance with GDPR is important for employers to avoid potentially hefty fines and difficult situations with employees. One of the

    19th October 2018
  • Can Decisions of the Association of Chartered Certified Accountants (ACCA) be Judicially Reviewed in Ireland?

    Can Decisions of the Association of Chartered Certified Accountants (ACCA) be Judicially Reviewed in Ireland? A judgment was delivered in the High Court recently in the case of Colclough -v- The Association of Chartered Certified Accountants [2018] IEHC 85 which will be of interest to all Association of Chartered Certified Accountants (ACCA) members in Ireland.

    8th September 2018
  • Immigration Process for Non-EEA Citizens Intending to Work in Ireland

    Immigration Process for Non-EEA Citizens Intending to Work in Ireland This article aims to summaries an immigration process which is followed before a non-EEA citizen worker can travel and engage in employment in Ireland. Details if each step can be viewed on the websites of Department of Justice, relevant Irish Embassy Consulate and Department of

    6th September 2018
  • Employing Non-EEA Nationals – Your Questions Answered

    Employing Non-EEA Nationals – Your Questions Answered Employing Non-EEA Nationals – Your Questions Answered What should Irish Employers know before employing non-EEA workers? To legally work in Ireland non-EEA nationals, unless they are exempted, are required to have an employment permit. An employment permit is a one page document confirming Employer/Employee details, duration, place of

    21st July 2018
  • Should we Include a Retirement Age in our Contracts of Employment? Part 1

    Should we Include a Retirement Age in our Contracts of Employment? Part 1 In this part 1 of a 2 part series, we look at the issue of including a retirement age in our contracts of employment. Due to an upsurge in litigation taken by aggrieved employees who have been forced to retire, employers are

    20th July 2018
  • Withdrawing an Offer of Employment Part 3

    Withdrawing an Offer of Employment Part 3 In part 1 of this three part series, we looked at withdrawing an offer of employment (1) before it has been accepted and (2) after a candidate has accepted the offer. In part 2, we looked at (1) high-risks for withdrawing the offer of employment and (2) pre-conditions

    19th July 2018
  • Withdrawing an Offer of Employment Part 2

    Withdrawing an Offer of Employment Part 2 In part 1 of this three part series, we looked at withdrawing an offer of employment (1) before it has been accepted and (2) after a candidate has accepted the offer. In this part 2, we look at (1) high-risks for withdrawing the offer of employment and (2)

    19th June 2018
  • Withdrawing an Offer of Employment Part 1

    Withdrawing an Offer of Employment Part 1 This is the first part of a three part series on withdrawing an offer of employment. Relief is often sighed once a preferred candidate has accepted an offer of employment. Those sighs can sometimes turn to groans if that candidate is not as perfect for the role as

    19th May 2018
  • Departing Employees – Protecting Your Business Part 2

    Departing Employees – Protecting Your Business Part 2   In Part 1, we looked at:- the key principles that apply to post termination restrictions, and the circumstances the courts will look at in assessing the enforceability of a post termination restriction. A “one size fits all” approach to restrictive covenants is not advisable. Carefully drafted

    19th April 2018
  • Cross Border Employment Issues Facing Employers and Employees

    Cross Border Employment Issues Facing Employers and Employees When employers and employees are located in different jurisdictions, cross border issues arise. This article will explore the following three elements: What statutory regime applies to the employee’s employment; What contract law governs the employee’s contract of employment; and What courts have jurisdiction to hear a dispute

    19th March 2018
  • Departing Employees – Protecting your Business Part 1

    Departing Employees – Protecting your Business Part 1 Departing employees can pose a serious risk to a business, particularly when those employees are senior members of staff. During employment, employees often have access to confidential information, a significant talent pool, strategic plans and customers or clients of your business. When they leave they may take

    19th February 2018
  • Forms of Appeal

    Forms of Appeal Many sporting organisations and professional bodies have rules which provide for an appeal against decisions that may affect a member’s rights or obligations. However, such an appeals process can take many varied forms.  Prior to embarking on an appeals process, it is important to understand the type of appeal available to the

    19th January 2018
  • Resigning To Avoid Disciplinary Action

    Resigning To Avoid Disciplinary Action You can run but you can’t hide Members of professional regulatory bodies who are faced with disciplinary action often consider resigning membership or allowing membership to lapse.  The hope is that by doing so, the member will avoid having to face disciplinary action and its potentially adverse consequences, including negative

    19th December 2017
  • Post Transfer Dismissals – ETO Reasons

    Post Transfer Dismissals – ETO Reasons The primary purpose of the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“TUPE Regulations”) is to prohibit a purchaser of a business from dismissing employees because of the transfer of a business. However, that prohibition is not absolute. Regulation 5(2) provides that a dismissal for economic,

    19th November 2017
  • Justification of Compulsory Retirement Ages

    Justification of Compulsory Retirement Ages Retirement age is a headline employment issue of which employers should be aware. Prior to 2008, it was accepted that employers were free to set contractual retirement ages and to compel employees to retire upon reaching that age. Compulsory retirement in this way was not considered age discrimination as it was

    19th October 2017
  • Workplace Relations Act 2015 (“The Act”) Commencing 1 October 2015

    Workplace Relations Act 2015 (“The Act”) Commencing 1 October 2015 The new Act  Employers will be relieved to hear that the main thrust of the Act is not to alter substantive employment rights of employees or to increase employers’ obligations under employment legislation. Amongst other matters, the Act effects structural changes to the employment dispute

    19th September 2017
  • The Re-Introduction of Registered Employment Agreements – The Industrial Relations (Amendment) Act 2015 (“The 2015 Act”)

    The Re-Introduction of Registered Employment Agreements – The Industrial Relations (Amendment) Act 2015 (“The 2015 Act”) The Position before the 2015 Act  Previously, the Supreme Court declared that Registered Employment Agreements (“REA”), registered under the Industrial Relations Act 1946 (“the 1946 Act”) were unconstitutional. Under the 1946 Act, the Labour Court could register employment agreements

    19th August 2017
  • The Purpose of Professional Disciplinary Sanctions

    The Purpose of Professional Disciplinary Sanctions Range of Sanctions  The range of sanctions available to disciplinary tribunals varies widely according to the nature of the profession.  However, most disciplinary tribunals have the power to do any of the following:- Exclude from membership; Suspend from membership; Severely reprimand/reprimand/admonish a member; Fine and order the payment of

    19th July 2017
  • Workers Can Now Accrue Annual Leave While on Sick Leave

    Workers Can Now Accrue Annual Leave While on Sick Leave From 1 August 2015 employees are entitled to accrue annual leave while on sick leave. This amendment was as a result of commencement of section 86(1) of the Workplace  Relations Act 2015 which amends the Organisation of Working Time Act 1997 to bring our legislation

    19th June 2017
  • Accrual of annual leave during sick leave — change is imminent

    Accrual of annual leave during sick leave — change is imminent For the past number of years, there has been much uncertainty regarding the accrual of annual leave entitlements for employees during periods of sick leave. This is of particular concern to employers with employees on long term sick leave. The Irish Position Section 19

    19th May 2017
  • Redundancy — Selecting From The Right Pool

    Redundancy — Selecting From The Right Pool One of the most difficult tasks for employers in making redundancies is identifying the pool of employees from which it will select employees for redundancy.  Failure to consider the correct pool may render a dismissal unfair and leave employers open to claims for unfair dismissal. The issue of

    19th April 2017
  • Reddy Charlton Represent CEO in Successful Wrongful Dismissal Claim

    Reddy Charlton Represent CEO in Successful Wrongful Dismissal Claim Reddy Charlton recently represented the Plaintiff in a successful wrongful dismissal action against his employer Thomas Crosbie Holdings Limited (TCH), Nerney v Thomas Crosbie Holdings Ltd [2013] IEHC 127. The Plaintiff was the Chief Executive Officer of TCH and was awarded damages for breach of contract

    10th February 2017
  • Employers – Is Your Business Protected?

    Employers – Is Your Business Protected? Very often one of the key assets of a business is its employees.  However they can also be one of the greatest threats to a business where relations deteriorate. In this article I will set out some of the measures an employer can put in place to protect its

    19th January 2017
  • Compulsory Retirement – Is It Allowed?

    Compulsory Retirement – Is It Allowed? The Irish Position pre 2008 As a general rule, employers are prohibited from discriminating against employees on the basis of an employee’s age pursuant to the Employment Equality Acts 1998 — 2011 (“the Acts”). The Acts provide for derogation from that rule.  The derogation in respect of retirement ages

    19th December 2016
  • Supreme Court Declares Registered Employment Agreements Unconstitutional – How Does This Impact Your Business?

    Supreme Court Declares Registered Employment Agreements Unconstitutional – How Does This Impact Your Business? The Supreme Court recently declared that the Registered Employment Agreement(“REA”) system was unconstitutional in McGowan & Ors -v- Labour Court Ireland & Anor [2013] IESC  21 (9 May 2013) (“the Supreme Court Case”). This article will look at what an REA is, the

    19th November 2016
  • Thinking of Buying or Selling a Distressed Business?

    Thinking of Buying or Selling a Distressed Business? In most cases when you buy a business you are also required to acquire the workforce of that business.  This is due to the provisions of the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. 131 of 2003 (“TUPE”).  In essence TUPE provides that

    19th October 2016
  • How to minimise the risks of bullying and harassment In the workplace

    How to minimise the risks of bullying and harassment In the workplace We are seeing an increasing trend of employers seeking assistance in dealing with allegations of bullying and harassment in the workplace.  Allegations of bullying and harassment in the workplace are amongst the most difficult situations an employer will have to deal with.  The

    19th September 2016
  • Greater Protection for Whistleblowers Is On The Horizon

    Greater Protection for Whistleblowers Is On The Horizon There have been calls for a change in relation to the protection of whistleblowers in Ireland for a number of years.  Now with a new Government in place the strengthening of the law in relation to the protection of whistleblowers is very much on the horizon. The

    19th August 2016
  • Employers Insolvency — Q & A

    Employers Insolvency — Q & A The impact of insolvency on the employment relationship is a complex area of law.  In this article I shall address questions we frequently receive from clients entering into examinership, liquidation or receivership. 1. What is the impact of insolvency on the employment relationship? The effect of insolvency on the employment

    19th July 2016
  • TUPE — Employees’ Refusal to Transfer

    TUPE — Employees’ Refusal to Transfer The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. 131 of 2003 (“TUPE”) provides that where a business or undertaking is transferred, its employees are entitled to transfer to the Transferee. TUPE provides that the transfer of the employment relationship is automatic therefore no dismissal

    19th May 2016
  • Protected Disclosures Act 2014 (“The Act”)

    Protected Disclosures Act 2014 (“The Act”) 1. What is the Act about? Legislation to enable workers to make protected disclosures, better known as whistleblowing and protect them from detrimental treatment once the disclosure has been made. The aim of the Act is to eliminate any deterrents or barriers to people making disclosures. There is no

    19th June 2014

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