HR Safeguarding and Supporting

There’s no doubt about it – workplaces in Ireland have evolved dramatically over the past 20 years becoming increasingly more diverse. This diversity brings together a multitude of perspectives, experiences, and skills, which can greatly benefit a business. However, to fully harness these benefits, it is crucial to foster an environment of equality and inclusion. Understanding Equality, Diversity, and Inclusion Before we delve into the importance of having a balanced and inclusive workplace, let’s first look at what each term actually means. Equality is about ensuring that every individual has an equal opportunity to make the most of their talents. It is not about treating everyone the same but recognising that their needs may be met in different ways. Diversity means taking account of the differences between people and groups of people and placing a positive value on those differences. Inclusion refers to ensuring that everyone feels valued and respected, and that their contributions are appreciated. It involves creating an environment where all staff have equal access to opportunities and can contribute their unique perspectives and talents to the organisation. The Importance of Equality, Diversity, and Inclusion Ensuring your employees have an environment that they feel safe and confident in not only promotes their well-being but also enhances their productivity. When employees feel secure and valued, they are more likely to voice their opinions and contribute innovative ideas, all of which can drive your company’s success. Furthermore, a safe and inclusive workplace can help attract and retain top talent, fostering a diverse workforce that can offer a wide range of perspectives and skills. Let’s take a closer look at the value to be gained from an inclusive workforce: Enhanced Creativity and Innovation: A diverse workforce brings together different perspectives, ideas, and experiences, fostering creativity and innovation. Diverse teams are more likely to come up with new ideas, leading to innovative solutions. Improved Employee Engagement: When employees feel included and treated equally, they are more likely to be engaged in their work. They feel valued and appreciated, which boosts their motivation and commitment. Better Decision Making: Diverse teams make better decisions. They bring a variety of perspectives to the table, leading to more thorough discussions and better-informed decisions. Increased Profitability: In our experience, companies with diverse workforces are better able to understand and meet the needs of diverse customers, thereby allowing them to stand out from the crowd and attract more sales. Creating an environment of equality, where a multitude of perspectives are welcomed and everyone feels a sense of belonging, requires commitment from all levels of your organisation. Leadership commitment: Your leadership team must show dedication to fostering a balanced, varied, and welcoming environment, setting the standard for the entire organisation. Policies and procedures: It is important that your business has transparent guidelines and processes in place to encourage a fair, diverse, and inclusive atmosphere. Training and education: Equipping your employees with the necessary knowledge and skills to appreciate the significance of a balanced, varied, and welcoming work environment, and to learn how to advocate for these principles in their daily tasks is essential. Open communication: Maintaining a culture of open dialogue is crucial, and employees should feel at ease discussing related topics. In Conclusion Creating an environment of equality, diversity, and inclusion is not just the right thing to do; it also makes good business sense. It leads to enhanced creativity and innovation, improved employee engagement, better decision making, and increased profitability. By committing to equality, diversity, and inclusion, businesses can harness the full potential of their workforce and create a more successful and sustainable future. If after reading this blog, you believe that your policies and procedures need to be updated, and if you feel that your team would benefit from diversity and inclusion training, please get in touch. At MSS – The HR People, we work with business owners to ensure their workplaces are spaces where every employee feels valued, respected, and empowered to contribute their unique skills and perspectives, ultimately driving the success and growth of the business.

Last Month the Government received approval for legislation which would allow workers to stay in their job until they reach the State Pension age, currently at 66. The General Scheme of the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024, if passed, will give any employee who wishes the right to work until the state pension age regardless of the contractual retirement age. Currently, a private employer can have any contractual mandatory retirement age provided that the retirement age can be objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Purpose of the Bill The purpose of the Bill 2024 is to implement a key commitment included in the government’s response to the Pensions Commission Recommendations and Implementation Plan. The Government committed to a range of pension reforms which includes a commitment relating to contractual mandatory retirement age. The policy objective is to introduce measures which allow, but do not compel, an employee to stay in employment until pensionable age. Pensionable age is currently defined in the Social Welfare Consolidation Act 2005 as 66. Entitlement If the bill is passed this means that a clause in a contract of employment that sets a mandatory retirement age below the state retirement age of 66, would not be enforceable without the consent of the employee. Where an employee does not consent to the enforcement of a mandatory retirement age in a contract of employment earlier than the pensionable age, that clause shall be amended and the mandatory retirement age set as the state pensionable age, or to an age that the employee consents to retire at, which is later than the mandatory retirement age but before the pensionable age. Written Notice of Refusal to Consent The Bill sets out that the employee must serve written notice to the employer if they do not consent to the mandatory retirement age. The bill also provides that in circumstances where the employee provides written notice to the employer that they do not consent to the mandatory retirement age, the employer must not retire the employee before a date to which they do not consent to retire or before the pensionable age, whichever is the earlier date. In circumstances where the employee does not provide written notice to the employer that they do not consent to the mandatory retirement age, the employer may take it that the employee consents to the retirement age as set out in their employment contract. Non-application of the proposals. There are exemptions to the bill, particularly in relation to statutory retirement ages which apply to some public servants, who have mandatory retirement ages set out in legislation, (For example, the Defence Forces, An Garda Síochána, ands certain members of the Irish Prison and Fire service) The proposed legislation will also not affect any pension scheme, or the equality legislation which allows for a retirement age to be expressly set where it can be objectively and reasonably justified by a legitimate aim, and where the means of achieving that aim are appropriate and necessary. Avenues of redress Where an employee is dismissed prior to the pensionable age by reason of attaining a contractual retirement age which is lower than the pensionable age, having made a valid notification to his or her employer, he or she may take a case seeking redress under the Unfair Dismissals Act 1997 or the Employment Equality Act 1998 but not both. Key Take Away What this proposed legislation is attempting to do is bridge the gap between the contractual retirement age which is traditionally 65, and the state pension age. In the last number of years workers have been left with a gap where they may have no income between their retirement and their eligibility for the state pension. For Employers who have no set mandatory retirement age, or have a retirement age set higher than the state pension this legislation if passed will have no effect. If you have a query in relation to the treatment of Retirement age in your business, get in touch with the MSS team for advice and guidance.