How to: Get Recruitment, Selection and the Law Right
Published on: 26/03/2026
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Dr. Gerry McMahon MD, Productive Personnel Ltd
Dr. Gerry McMahon MD, Productive Personnel Ltd
Gerrys L I Head Shot resized

Gerry McMahon is an acknowledged national expert in People Management.  He has over 35 years’ experience - as a workplace investigator (on bullying/harassment/ disciplinary/dismissal/grievance issues), trainer, negotiator, facilitator, mediator, arbitrator and team builder - across a wide range of employment sectors. He is the M.D. of the H.R. training and advisory company Productive Personnel Ltd. 

Gerry has also had an extensive range of books and articles published and been a columnist with the Industrial Relations News, Irish Times, Sunday Business Post, and Irish Independent and expert commentator on H.R./Employee Relations for R.T.E. and TV3/Virgin. He has also served on numerous Legal Island and C.I.P.D. judging panels and is a Council member of the Irish Association for Industrial Relations.

Contact: Tel. 087-2471415; E-Mail: ppl1gerry@gmail.com

Recent weeks have seen some high-profile instances of employers falling foul of the law when it comes to their recruitment and selection practices. For example, in February 2026, the National Council for Special Education - the State body overseeing special education for adults and children with disabilities - was directed by the Workplace Relations Commission (WRC) to pay €40,000 to a deaf man for refusing him a job interview. Notably, in this case, the WRC overlooked the standard €13,000 cap on compensation in employment access cases (as provided for under the Employment Equality Act 1998-2015), as it relied instead on the renowned European Court of Justice’s Von Colson principle, the such awards be ‘effective, proportionate and dissuasive’ (ADJ-00042837).

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 26/03/2026
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