Employee’s Rights – Case Study

The High Court’s decision in (ESB and Sharkey [2024] IEHC 65) makes for a very interesting read. The case deals with an employee’s right to silence in an employment context.

The decision clarifies that an employee in certain circumstances can invoke his constitutional right to silence when asked questions by their employer.

In this case, the circumstances involved the employee not answering his employer’s questions relating to an ongoing criminal investigation.

It will be interesting to see how the right to silence in an employment context will develop in the future.


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