mss-draft-2

Securing a Critical Skills Employment Permit: When Timelines Start to Slip

Thu, 23 Apr 2026 14:22:36 GMT

Irish employers are increasingly relying on international hiring to fill key roles, particularly in sectors experiencing acute skills shortages. However, the employment permit process, especially for Critical Skills roles, can become complex where applications are not fully aligned from the outset.

We recently supported a client in the technology sector who had identified a highly specialised candidate for a senior role that was central to an ongoing project delivery timeline.

The situation

The business had progressed the process internally and had reached the stage of preparing a Critical Skills Employment Permit application. However, delays had started to emerge.

Internally, there was growing concern:
• The role had already been vacant for a number of months
• Project timelines were beginning to come under pressure
• The candidate was considering alternative opportunities

While significant work had gone into the application, there was uncertainty as to whether it would meet the criteria as assessed in practice.

What we identified

On review, the issue was not a lack of documentation. Instead, it was a question of how the role had been positioned.

Key areas of concern included:
• The job description did not sufficiently reflect the seniority and specialist nature of the role
• The alignment with Critical Skills criteria was not clearly demonstrated
• The supporting rationale lacked the level of detail typically expected in stronger applications

This is a common scenario. Employers often meet the criteria in substance, but the application does not fully communicate that.

Our approach

We worked closely with the client to:
• Reframe the role to accurately reflect its level, responsibilities, and strategic importance
• Align the job description with the expectations for Critical Skills eligibility
• Strengthen the supporting rationale, ensuring it clearly addressed the business need and context

Importantly, this was done without altering the substance of the role, but rather ensuring it was presented in a way that matched how applications are assessed.

The outcome

The application was submitted following revision and was approved without further queries.

The client was able to:
• Secure the candidate
• Maintain project timelines
• Avoid restarting the process

Key takeaway for employers

Where roles fall within the scope of Critical Skills Employment Permits, it is not enough that the role qualifies in principle.

The application must clearly demonstrate:
• The level of the role
• The specific skills required
• The business necessity for the hire

In our experience, this is where many applications either succeed or fail.

If you’re planning an overseas hire or facing delays, we’re happy to talk it through. Contact us by email or phone on 01 887 0690.

WRC Awards €142,984 in Unfair Dismissal Case Following Senior Executive Redundancy

Thu, 09 Apr 2026 14:02:00 GMT

WRC Reference: ADJ-00057077 / 11 ^th March 2026

A recent decision of the Workplace Relations Commission (WRC) has highlighted the importance of fair procedures, genuine consultation, and meaningful engagement in redundancy processes, particularly where senior executives are involved.

Background

The Complainant was employed by the Respondent for over 24 years, beginning in 2000. Over the course of her career, she progressed to the senior role of Managing Director, EMEA GLT, with a base salary of €275,000, alongside bonus and equity participation.

In mid-2024, the Complainant’s role was significantly altered following an internal restructuring. She alleged that this amounted to an effective demotion, with key responsibilities removed without consultation or warning.

Shortly afterwards, the situation escalated. The Complainant was placed on sick leave and raised a formal grievance regarding the changes to her role. That grievance was not upheld, and the appeal outcome confirmed the employer’s position.

In October 2024, the Complainant was informed that her role was at risk of redundancy. A consultation process followed, during which she was placed on garden leave. Despite raising concerns and requesting further clarity around her role and terms, her employment was ultimately terminated by reason of redundancy in November 2024.

The Complainant subsequently brought a claim for unfair dismissal.

WRC Findings

The Respondent conceded at the hearing that the dismissal was unfair.

The Adjudication Officer noted that the Complainant had been employed in a very senior position for over two decades and had progressed through multiple promotions, ultimately holding a Managing Director role.

It was accepted that significant changes had been made to her responsibilities prior to the redundancy process, which formed part of the broader context leading to the breakdown in the employment relationship.

While a redundancy process was carried out, the key issue before the WRC was the fairness of the overall dismissal.

Given the Respondent’s concession, the WRC found that the Complainant had been unfairly dismissed.

Decision

The WRC upheld the complaint of unfair dismissal and awarded the Complainant €142,984 in compensation

A separate complaint relating to notice was rejected on the basis that statutory notice had already been included in the termination payment.

Key Takeaways for Employers

This decision highlights several important points for employers, particularly in the context of senior-level restructurings:

Role changes must be handled carefully, particularly where they may amount to demotion in practice.
Consultation must be genuine and meaningful, even at executive level.
Grievances should be addressed thoroughly and fairly before moving to redundancy.
Redundancy processes must be clearly separated from performance or role disputes.
Senior employees are entitled to the same procedural protections as all employees.

Even where restructuring is commercially justified, employers must ensure that process and communication are properly managed to avoid unfair dismissal findings.

Conclusion

This case serves as a reminder that long service and seniority do not reduce the employer’s obligations under employment law. Where role changes, grievances, and redundancy processes overlap, employers must take particular care to ensure fairness at every stage.

Failure to do so can result in significant compensation awards, as demonstrated by the €142,984 award made in this case.

Tara Daly

WRC Awards €40,000 for Indirect Discrimination in Recruitment Process

Thu, 09 Apr 2026 14:01:56 GMT

ADJ-00042837

A recent decision from the Workplace Relations Commission highlights the risks for employers when setting qualification requirements that may disproportionately exclude certain groups.

Background

The Complainant, who is deaf and a native user of Irish Sign Language (ISL), applied for a role as an Advisor Deaf/Hard of Hearing with the National Council for Special Education (NCSE).

Despite holding a PhD in Deaf Education and being a fluent ISL user, he was not shortlisted for an interview. The reason given was that he did not hold a formal qualification in ISL, which was listed as an essential requirement.

The Complainant challenged this decision internally, arguing that requiring a formal ISL qualification was discriminatory, as many deaf individuals use ISL as their first language but do not hold academic qualifications in it.

While the internal review upheld his complaint and accepted that his experience met the criteria, the recruitment process had already closed and no remedy was offered.

The Complaint

The Complainant brought a claim under the Employment Equality Acts, alleging indirect discrimination on the grounds of disability.

He argued that:

The requirement for a formal ISL qualification disproportionately disadvantaged deaf applicants.
His practical fluency and expertise should have been sufficient.
The employer could have assessed competence through alternative means, such as an interview.

The Respondent maintained that the qualification requirement was necessary to ensure:

Consistent standards.
Teaching and advisory capability.
Theoretical and pedagogical knowledge.

WRC Findings

The Adjudication Officer found in favour of the Complainant.

It was held that the requirement for a formal ISL qualification, while neutral on its face, placed deaf applicants at a particular disadvantage and therefore constituted indirect discrimination.

Importantly, the WRC found that:

The Complainant had established a prima facie case of discrimination.
The Respondent failed to objectively justify the requirement.
The internal review had already accepted that the Complainant met the criteria.
The failure to provide any remedy after upholding the internal complaint was a significant failing.

Redress

The WRC awarded €40,000 in compensation.

This exceeded the usual €13,000 cap applicable to non-employees, with reference to EU law requiring compensation to be effective, proportionate and dissuasive.

Key Takeaways for Employers

This case provides several important lessons:

Qualification requirements must be carefully considered. Even well-intentioned criteria can be discriminatory if they disproportionately exclude certain groups.
Experience and practical competence may be valid alternatives. Employers should consider whether less restrictive measures could achieve the same objective.
Internal processes must lead to meaningful outcomes. Upholding a complaint without offering a remedy may expose organisations to further liability.
Objective justification must be robust. It is not enough to show that a requirement is desirable, it must be necessary and proportionate.

This decision is a strong reminder that recruitment criteria must be inclusive and objectively justified. Employers should review job specifications carefully to ensure they do not unintentionally exclude qualified candidates, particularly where protected characteristics are concerned.

If you require assistance or an audit of your recruitment processes or require representation at the WRC please do not hesitate to contact MSS The HR People. Phone: 018870690, Email: info@mssthehrpeople.ie , visit our website

WRC Awards €20,000 in Disability Discrimination Case Involving Reduction of Hours

Thu, 09 Apr 2026 14:01:53 GMT

WRC Reference: ADJ-00052352 / 9 ^th March 2026

A recent decision of the Workplace Relations Commission (WRC), Nancy Doherty v Figary Water Sports Development Company Ltd highlights the risks for employers where changes to working arrangements impact an employee with a disability.

Background

The Complainant, Ms Nancy Doherty, was employed as a Marina Manager with the Respondent company since 2002. During her employment, Ms Doherty experienced a number of serious health issues, including multiple cancer diagnoses, and was undergoing ongoing treatment.

She alleged that, following her return to work, her working arrangements were significantly altered. Her hours were reduced from full-time to two days per week and, ultimately, she was left with no working hours at all. She further claimed that she was effectively excluded from the workplace in December 2023.

The Respondent denied that any discrimination had occurred, maintaining that any changes to working arrangements were either agreed or unrelated to the Complainant’s disability. A preliminary argument was also raised that elements of the claim fell outside the statutory time limits.

WRC Findings

The Adjudication Officer was satisfied that the key events in December 2023, when the Complainant’s remaining working days were removed and she was told not to attend work, brought the complaint within the relevant time limits.

It was accepted that the Complainant had a disability. The focus therefore turned to whether she was treated less favourably than a comparable employee.

The Complainant identified another individual, referred to as Ms B, who continued working. While the Respondent disputed her status, the WRC accepted that she carried out work and was paid, and therefore was a valid comparator.

On that basis, the Adjudication Officer found that a prima facie case of discrimination had been established, shifting the burden of proof to the Respondent. However, the Respondent failed to rebut this.

The WRC accepted that the Complainant was told not to attend work in December 2023 and noted that no steps were taken to clarify or reverse that position. The Adjudication Officer emphasised that it is the employer’s responsibility to address such situations.

The absence of formal procedures, including a grievance process, was also a factor. In the absence of such structures, the risk of unresolved issues rests with the employer.

While there was conflicting evidence regarding the earlier reduction in hours, the WRC found that this had been accepted at the time. The finding of discrimination instead related to the removal of all working hours and the Complainant’s exclusion from the workplace.

Decision

The WRC found in favour of the Complainant and awarded:

€20,000 compensation for discrimination under the Employment Equality Acts.
€300 compensation for failure to provide written terms and conditions of employment.

The level of compensation was reduced to reflect the fact that the Respondent had continued to make payments to the Complainant for a period following the end of her employment.

Key Takeaways for Employers

This case highlights several important lessons:

Exercise caution when changing working arrangements for employees with disabilities.
Ensure clear and consistent communication around any workplace decisions.
Act promptly to resolve misunderstandings, inaction can create legal exposure.
Implement and maintain proper workplace procedures, including grievance policies.
Comply with core employment law obligations, including providing written terms of employment.

Even in the absence of intentional discrimination, poor communication and a lack of structure can lead to significant liability.

If you require support navigating changes to terms and conditions or reasonable accommodations contact MSS The HR People at: info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.

WRC Awards €3,700 Following Constructive Dismissal and Breaches of Working Time and Terms of Employment Legislation

Thu, 09 Apr 2026 14:01:50 GMT

ADJ-00057280

A recent decision of the Workplace Relations Commission (WRC) has resulted in an award of €3,700 to a former deli assistant who was found to have been constructively dismissed, while also succeeding in claims under the Organisation of Working Time Act and the Terms of Employment (Information) Act.

Background

The Complainant commenced employment in October 2023 as a deli assistant on a part-time basis, earning approximately €200 per week. While she initially worked full-time hours, she later transitioned to part-time work to accommodate her college studies.

Issues arose in October 2024 when management instructed the Complainant to take her breaks in a public seating area rather than her usual location. The purpose of this instruction was to ensure she remained available to assist during busy periods.

Shortly thereafter, the Complainant was issued with a formal written warning for allegedly failing to follow this instruction.

The Complainant raised concerns regarding both the fairness of the disciplinary process and her statutory entitlement to uninterrupted rest breaks. She submitted these concerns verbally and in writing, including a formal “right to reply” communication.

Despite this, the Respondent did not substantively engage with her concerns.

The Complainant subsequently experienced a significant reduction in her working hours and ultimately resigned in December 2024, claiming she had no reasonable alternative.

The Complaint

The Complainant brought three claims to the WRC:

Constructive dismissal under the Unfair Dismissals Acts.
Failure to provide updated terms of employment.
Breach of statutory rest break entitlements.

She argued that the disciplinary process was fundamentally flawed, that she was denied fair procedures, and that she was effectively required to remain available during her breaks in breach of legislation.

The Respondent’s Position

The Respondent denied all claims.

They argued that:

The Complainant resigned voluntarily. She failed to utilise the formal grievance procedure before resigning. The disciplinary process was appropriate. Breaks were provided in line with statutory requirements. A valid contract of employment had been issued.

Findings of the WRC

Constructive Dismissal

The Adjudication Officer found significant procedural failings in the disciplinary process, those being, the Complainant:

Was not invited to a formal investigation meeting.
Was not given an opportunity to respond before the warning was issued.
Was denied fair process and natural justice.

In addition, the Respondent’s requirement that the Complainant remain available during her breaks was found to be contrary to the Organisation of Working Time Act, which requires that rest breaks be uninterrupted.

Importantly, the WRC noted that the Complainant raised her concerns on multiple occasions, both verbally and in writing. Despite this, the Respondent failed to meaningfully address or resolve the issues.

Taking these factors together, the Adjudication Officer found that the Respondent’s conduct undermined the relationship of trust and confidence to such an extent that the Complainant was entitled to resign.

The claim of constructive dismissal was therefore upheld.

Award: €3,000

Terms of Employment

The WRC found that the Respondent failed to provide an updated written statement of terms following the Complainant’s transition from full-time to part-time hours.

This was held to be a breach of the Terms of Employment (Information) Act.

Award: €200

Organisation of Working Time Act

The Adjudication Officer found that the Respondent’s practice of requiring the Complainant to remain available during her breaks was inconsistent with statutory rest break requirements.

Employees are entitled to uninterrupted rest periods, and any expectation to return to work during these breaks undermines that entitlement.

Award: €500

Key Takeaways for Employers

This case highlights several important considerations for employers:

Rest breaks must be uninterrupted: Employees cannot be required to remain “on call” during statutory breaks.
Disciplinary procedures must be fair: Employees must be informed of allegations, given an opportunity to respond, and allowed representation where appropriate.
Engage with employee complaints: Failure to address grievances can significantly increase legal risk.
Keep contracts up to date: Any material change to working hours or terms must be reflected in updated written documentation.
Constructive dismissal risk is real: Even where an employee resigns, failures in process and engagement can lead to successful claims.

If you require help navigating a disciplinary matter or require representation at the WRC please do not hesitate to contact MSS The HR People. Phone: 018870690, Email: info@mssthehrpeople.ie , visit our website

Labour Court Doubles Compensation to €104,000 in Unfair Dismissal Case Involving Overseas Email Access

Thu, 09 Apr 2026 14:01:48 GMT

ADJ-00045339

A recent decision involving Dublin Business School highlights how compensation awards can significantly increase on appeal, with the Labour Court more than doubling a Workplace Relations Commission (WRC) award in an unfair dismissal case.

Background

The employee, a lecturer, was dismissed in February 2023 following a disciplinary process which found him guilty of gross misconduct. The issue arose after he accessed his work email while visiting Iran, a country the employer had designated as “prohibited” for system access.

The lecturer had travelled abroad to attend a family funeral. Despite being instructed not to access the system, the employer determined that doing so constituted a serious breach of policy and proceeded to dismiss him.

Importantly, the employer later conceded, both at the WRC and on appeal, that the dismissal was unfair.

WRC Decision: €53,000 Award

At first instance, the WRC focused solely on redress, as liability was no longer in dispute.

The Adjudication Officer considered:

The complainant’s financial loss, including his earnings (which averaged approximately €91,000 due to additional work beyond his base salary).
His efforts to mitigate loss, including job applications and periods of part-time work.
Personal circumstances affecting his ability to secure new employment, including bereavement and family difficulties.
The impact of the dismissal on his reputation within a relatively small professional community.

While acknowledging the significant impact of the dismissal, the WRC found that the employee’s mitigation efforts were not fully sufficient.

Taking all factors into account, compensation of €53,000 was awarded.

Labour Court Appeal: Award Increased to €104,000

The lecturer appealed the adequacy of the compensation to the Labour Court.

On appeal, the Court reassessed:

The scale and duration of financial loss.
The employee’s evidence that he had made over 100 job applications.
The reputational damage arising from the dismissal.
The fact that he had only secured lower-paid, temporary lecturing roles since his dismissal.

The Court also noted:

No evidence was presented by the employer to justify the dismissal.
No persuasive evidence that the employee contributed to his dismissal.
While mitigation efforts were made, they were not considered fully comprehensive.

Based on an annual income of approximately €91,000, the Court noted that the statutory maximum award could exceed €180,000.

Balancing all factors, the Labour Court concluded that a €104,000 award was “just and equitable”, effectively doubling the WRC award.

Key Takeaways for Employers

This case serves as an important reminder of several key principles:

1. Even admitted unfair dismissals can carry escalating financial risk. An initial award may not be the final exposure, appeals can significantly increase compensation.

2. Gross misconduct thresholds must be carefully assessed. Dismissal for a single act, particularly in unusual or sensitive personal circumstances, may not always be proportionate.

3. Mitigation arguments matter, but are not decisive. While employees must make reasonable efforts to find work, imperfect mitigation will not eliminate employer liability.

4. Reputation damage can influence compensation. Particularly in niche sectors, dismissal can have longer-term career consequences which tribunals will consider.

5. Evidence at the appeal stage is critical. The absence of employer evidence at Labour Court level weakened the respondent’s position significantly.

If you require help navigating a disciplinary matter or require representation at the WRC or Labour Court please do not hesitate to contact MSS The HR People. Phone: 018870690, Email: info@mssthehrpeople.ie , visit our website

WRC Awards €5,000 in Disability Discrimination and Victimisation Case

Thu, 09 Apr 2026 14:01:44 GMT

WRC Reference: ADJ-00060438 / 12 ^th March 2026

A recent decision of the Workplace Relations Commission (WRC) highlights the risks for employers in how they respond when an employee raises a potential mental health issue in the workplace.

Background

The Complainant was employed as an Assistant Manager in a restaurant from December 2023.

She alleged that she was subjected to discrimination, harassment, victimisation and ultimately a discriminatory dismissal on the grounds of disability. In particular, she claimed that after disclosing that she was experiencing depression, her treatment at work deteriorated rapidly, ultimately leading to the end of her employment.

The Respondent denied any discrimination, maintaining that they were not aware of any disability and that the employment relationship broke down due to performance concerns and the Complainant’s attitude.

WRC Findings

The Adjudication Officer examined the sequence of events leading to the termination of employment, with particular focus on a meeting which took place at the end of April 2025.

It was accepted that prior to this point, the Complainant had been a reliable and valued employee. However, concerns arose regarding her performance in the weeks leading up to this meeting.

During this discussion, the Complainant raised issues regarding her mental health. While there was conflicting evidence as to the extent of the disclosure, the Adjudication Officer found, on balance, that the Complainant had informed her employer that she was experiencing depression.

The WRC was satisfied that this disclosure was not meaningfully engaged with by the Respondent. Instead, within a matter of days, the Complainant was told that the role may not suit her and that she should consider alternative employment.

The Adjudication Officer found that the situation escalated quickly following this disclosure. The Complainant was subjected to criticism and negative treatment, was removed from the roster, and ultimately ceased attending work. On this basis, the WRC found that the Complainant had established a prima facie case of discrimination, which the Respondent failed to rebut.

The Adjudication Officer concluded that the Complainant had been constructively dismissed in circumstances amounting to discrimination, and had also been subjected to victimisation.

Decision

The WRC found the complaints to be well founded and awarded:

€2,500 compensation for discriminatory dismissal.
€2,500 compensation for victimisation.

Key Takeaways for Employers

This case highlights a number of important considerations for employers:

Take disclosures of mental health issues seriously, even where they are informal or lack detailed medical evidence.
Engage appropriately and sensitively with employees who raise potential health concerns.
Avoid reacting negatively or prematurely following such disclosures.
Ensure that performance management processes remain fair and objective.
Be aware that a rapid deterioration in treatment following a disclosure may give rise to an inference of discrimination.

While the level of compensation in this case was relatively modest, the decision underscores the legal risks where employers fail to appropriately respond to potential disabilities in the workplace.

If you need help navigating medical or disability disclosures contact MSS The HR People at: info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.

WRC Awards €40,000 in Unfair Dismissal Case Involving Allegations of False Evidence

Thu, 09 Apr 2026 14:01:41 GMT

WRC Reference: ADJ-00057560 / 11 ^th March 2026

A recent decision of the Workplace Relations Commission (WRC) highlights the importance of fair procedures, independent decision-making, and the risks for employers where disciplinary processes become compromised.

Background

The Complainant, a Deli Manager, was dismissed following allegations that she had given false evidence during a previous WRC hearing.

The employer relied on this allegation as gross misconduct and proceeded to investigate and terminate her employment.

The employee denied the allegations and argued that the decision to dismiss her was unfair, both in terms of process and outcome.

WRC Findings

The WRC found that the disciplinary process was significantly flawed from the outset.

The investigation lacked independence, with concerns raised regarding the involvement of individuals closely connected to the business. This undermined the fairness and objectivity of the process.

The Adjudication Officer also noted that the employee was not provided with full details of the allegations in advance and was not given a proper opportunity to respond during the process.

A key issue in the case was that the outcome of the disciplinary process appeared to have been decided in advance. The dismissal letter had effectively been prepared before the process had concluded, indicating that the decision was predetermined.

The WRC also criticised the absence of a meaningful appeal process following the dismissal.

Importantly, the Adjudication Officer considered that the dismissal arose in circumstances where the employee had previously given evidence at a WRC hearing. Employees are legally protected when participating in such proceedings, and this was a relevant factor in the overall assessment.

The WRC concluded that the process fell short of the standards required under fair procedures and natural justice.

Decision

The WRC upheld the complaint of unfair dismissal and awarded the Complainant:

€40,000 compensation

Reinstatement was not considered appropriate given the breakdown in trust between the parties.

Key Takeaways for Employers

This case reinforces several important lessons for employers:

Disciplinary investigations must be independent and properly structured.
Employees must be given clear notice of allegations and a fair chance to respond.
Outcomes should never be decided in advance of a hearing.
A genuine appeal process is essential.
Employees are protected when giving evidence in legal proceedings.

Even where an employer believes misconduct has occurred, failing to follow fair procedures can render a dismissal both procedurally and substantively unfair.

This decision is a strong reminder that fair process is not optional. Where investigations are rushed, biased, or predetermined, employers expose themselves to significant legal and financial risk.

In this case, those failures resulted in a €40,000 award for unfair dismissal.

If you need help navigating an investigation or disciplinary process contact MSS The HR People at:

info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.

WRC Rejects Whistleblowing Penalisation Claim

Wed, 04 Mar 2026 15:28:59 GMT

❖ Click Here for Decision

What happened

In a decision reported in February 2026, the WRC rejected a claim brought under the Protected Disclosures legislation by an employee who alleged that he had been penalised after raising workplace concerns.

The employee, who worked in a regulated services environment, made complaints internally regarding governance and operational practices. He subsequently alleged that he was subjected to adverse treatment, including changes to duties and strained managerial relations.

The employer denied that any penalisation had occurred and maintained that all management actions were unrelated to the disclosure. It asserted that performance concerns predated the complaint and were supported by documentation.

The WRC was required to assess whether the employee had made a protected disclosure and, if so, whether there was a causal connection between that disclosure and the alleged detriment.

What the WRC focused on

The Adjudication Officer examined:

Whether the communication met the statutory definition of a protected disclosure
Whether the information disclosed tended to show relevant wrongdoing
The timing between the disclosure and the alleged penalisation
Whether there was evidence of retaliatory motive
Whether the employer could demonstrate objective, non retaliatory grounds for its actions

The WRC accepted that a disclosure had been made. However, that alone was not sufficient to succeed.

The employee was required to establish a causal link between the disclosure and the alleged penalisation. The adjudicator found that the evidence did not support that connection.

The employer had documentation demonstrating that performance management concerns had arisen before the disclosure was made.

Why the claim failed

Under the Protected Disclosures framework, once an employee establishes that a protected disclosure was made and penalisation occurred, the burden shifts to the employer to prove that the act complained of was based on duly justified grounds.

In this case, the employer was able to demonstrate:

Documented performance concerns predating the disclosure
A structured and ongoing management process
No deviation from standard procedure following the disclosure

The adjudicator was satisfied that the employer’s actions were grounded in legitimate operational concerns rather than retaliation.

The complaint was therefore rejected.

Key lessons for employers

Maintain clear documentation of performance concerns.
Separate disclosure handling from performance management where possible.
Ensure consistency of process before and after any disclosure.
Train managers on the evidential burden in penalisation claims.
Causation is central in whistleblowing cases.

Protected disclosure legislation imposes a significant evidential burden on employers. However, well documented and consistent management processes remain a strong defence.

If your organisation receives a protected disclosure or is managing performance issues alongside a complaint, we can support you in ensuring the process is legally robust and carefully structured.

Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website for further guidance.

WRC Upholds Dismissal in Sick Pay Dispute

Wed, 04 Mar 2026 14:24:34 GMT

❖ Click Here for Decision

What happened

In a decision reported in February 2026, the WRC rejected a claim taken by an employee who argued that his dismissal, following a prolonged period of absence due to illness, was unfair.

The employee had been absent for a significant duration. The employer, a medium sized services provider, had initially paid sick leave in line with company policy and the statutory entitlement under the Sick Leave Act. Medical certificates were furnished throughout the absence.

Over time, the employer sought updated medical prognosis information and clarity as to whether a return to work was likely within a reasonable timeframe. The medical position remained uncertain.

Following a structured review process and medical correspondence, the employer ultimately terminated the employment on the grounds of incapacity.

The employee contended that the dismissal was premature and that greater accommodation should have been considered.

What the WRC focused on

The Adjudication Officer examined:

The duration and medical nature of the absence
Whether medical evidence had been sought and considered
Whether consultation with the employee had taken place
Whether reasonable accommodation had been explored
Whether the employer could reasonably be expected to hold the role open indefinitely

The WRC accepted that long term absence can constitute substantial grounds for dismissal, provided the process is fair and evidence based.

In this case, the employer had written to the employee on several occasions, sought updated medical reports, and allowed the employee to make representations before any final decision was taken.

Importantly, the adjudicator was satisfied that the employer had considered whether adjustments or alternative duties were feasible and had assessed operational impact.

Why the dismissal was upheld

The WRC reiterated that dismissal on grounds of incapacity is not unlawful where:

There is a genuine and sustained medical inability to perform the role
The employer has obtained and assessed medical evidence
The employee has been consulted
Reasonable accommodation has been considered
The decision is proportionate in the operational context

The employer was not required to maintain the employment indefinitely where no clear return date was foreseeable.

The claim was therefore unsuccessful.

Key lessons for employers

Long term absence cases require medical evidence and documentation.
Consultation is essential before any decision is made.
Reasonable accommodation must be considered and recorded.
Operational impact is a legitimate factor.
Process and proportionality remain central.

Managing long term sick leave is one of the most legally sensitive areas of HR. The balance between compassion and operational sustainability must be carefully handled.

If your organisation is dealing with prolonged absence, medical capability concerns or potential termination on incapacity grounds, we can support you in ensuring the process is fair, evidence based and defensible.

Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website for further guidance.

WRC Awards €21,000 Following Pregnancy Related Dismissal

Wed, 04 Mar 2026 14:19:24 GMT

❖ Click Here for Decision

What happened

In a decision reported in February 2026, the WRC awarded €21,000 to an employee who was dismissed shortly after informing her employer that she was pregnant.

The employee worked in a small hospitality business and had recently disclosed her pregnancy. Within a short period, concerns were raised about her performance and “fit within the team.” Her employment was subsequently terminated.

The employer argued that the dismissal was performance related and entirely unrelated to the pregnancy. It maintained that concerns had been discussed informally prior to notification.

The employee contended that the dismissal was directly linked to her pregnancy and that she had not been subject to any formal performance management process before informing the employer of her condition.

The WRC examined both the timing of events and the process adopted.

What the WRC focused on

The Adjudication Officer concentrated on:

The proximity between pregnancy notification and dismissal
Whether performance concerns were documented prior to notification
Whether a fair and structured process had been followed
Whether the employer could discharge the burden of proof under the Employment Equality Acts

Under Irish equality law, once pregnancy is established as a relevant factor, the burden shifts to the employer to prove that the treatment was in no way whatsoever related to pregnancy.

The WRC found that the employer had not met this evidential threshold.

There was limited documentary evidence of performance concerns prior to the pregnancy disclosure. No formal warnings had been issued. No structured performance review process had been initiated.

The timing created a strong inference of discrimination.

Why the dismissal failed

Pregnancy enjoys heightened protection under Irish law.

The WRC reiterated that:

Dismissal during pregnancy is subject to strict scrutiny
The employer must provide rational and objective evidence unrelated to pregnancy
Process deficiencies will significantly weaken an employer’s defence

In this case, the employer could not demonstrate that dismissal was wholly unconnected to the pregnancy.

The claim succeeded and compensation of €21,000 was awarded.

Key lessons for employers

Pregnancy related dismissals carry an extremely high evidential burden.
Documentation of pre-existing concerns is critical.
Informal discussions are insufficient protection.
Timing matters.
Procedural fairness and objective evidence are essential.

Even where commercial or performance concerns are genuine, pregnancy significantly heightens legal scrutiny.

If your organisation is managing performance, restructuring or capability issues involving a pregnant employee, it is essential that the process is carefully structured and fully compliant.

Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website for further guidance.

WRC Awards €17,000 in Unpaid Wages to Dentist After Illegal Wage Deduction

Wed, 04 Mar 2026 13:57:31 GMT

❖ Click Here for Decision

What happened

In a decision reported on 26 ^th January 2026, the Workplace Relations Commission awarded €17,000 to a complainant dentist who was not paid wages, commission and fees owed to her by her employer, Capital Care Moate Limited, under the Payment of Wages Act 1991.

The complainant worked as a dentist on a one year contract from May 2023. She claimed she was owed €17,000 in unpaid wages and commission for work performed in August and September 2024, including fees from HSE general medical services (GMS) patients and alignment treatments. Despite repeated requests and communications, the employer failed to pay these amounts when due.

The respondent argued that deductions were justified due to costs the practice incurred and alleged patient dissatisfaction with the complainant’s work, however, it provided no evidence that such complaints existed or that any losses legitimately warranted a deduction from pay.

What the WRC focused on

The Adjudication Officer examined the central legal questions arising under the Payment of Wages Act 1991, including whether the amounts claimed fell within the statutory definition of wages, encompassing base salary, commission and fees, whether any deduction was authorised under the Act and in accordance with the complainant’s contract, whether the employer had complied with the statutory requirements governing lawful deductions and whether the evidence substantiated the respondent’s claim of financial loss arising from alleged negligence.

The WRC reaffirmed that, for the purposes of the Act, wages include all sums payable to an employee in connection with their employment, including commission and fees.

Key legal principles applied

The Adjudication Officer noted that any deduction from wages must be:

Authorised by the employment contract.
Fair and reasonable in all the circumstances
Deductions must be made only after a written notice to the employee specifying the amount and grounds for the deduction at least one week before it occurs.

While the contract included a clause permitting deductions for loss caused by negligence, the respondent did not provide written particulars of any alleged loss or evidence that it had actually incurred such loss. The employer also could not substantiate claims of patient complaints tied to the complainant’s work.

Why the complaint succeeded

The WRC found that:

The unpaid wages and commission were properly payable to the complainant
The respondent had no lawful basis for withholding payment under the Payment of Wages Act 1991
The alleged deductions were not authorised because the employer failed to provide written particulars of any act or omission justifying a deduction
The employer’s claimed losses were not supported by evidence, and the complainant was never informed or given a chance to respond before deductions were made.

Accordingly, the WRC directed payment of €17,000 to the complainant, representing wages, commission and fees that were withheld.

Key lessons for employers

Wages include all sums payable, such as salary, commission and fees, non-payment can lead to significant awards.
Deductions must be authorised by contract and by statute and employers must provide written notice and justification in advance.
Allegations of employee negligence or loss must be evidenced and communicated clearly before any withholding of pay.
Employers cannot withhold wages as an indirect disciplinary measure or cost-recovery mechanism without complying with statutory requirements
Clear, documented payroll procedures and communication reduce the risk of statutory breaches.

If your company requires guidance on wage law compliance, payroll practices or dispute management, we can help you ensure your processes are legally robust and minimise risk.

Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website.

WRC Awards €10,000 to Car Salesman Following Unfair Dismissal

Wed, 04 Mar 2026 13:45:42 GMT

❖ Click Here for Decision

What happened

In a decision reported in February 2026, the WRC awarded €10,000 to a car salesman who was dismissed by a motor dealership following alleged performance issues.

The employer asserted that sales targets were not being met and that the employee’s overall contribution had declined. The dismissal was framed as a performance based decision in the context of commercial pressures within the motor industry.

The employee argued that he had not been placed on any formal performance improvement process, had not received written warnings, and was not informed that his job was in jeopardy prior to dismissal.

The WRC examined both the substantive justification for dismissal and whether fair procedures had been followed.

What the WRC focused on

The Adjudication Officer concentrated on several core issues:

● Whether clear performance targets had been communicated

● Whether objective performance data supported the dismissal

● Whether a formal performance management process had been implemented

● Whether the employee had been given a reasonable opportunity to improve

● Whether dismissal was proportionate

The WRC accepted that employers are entitled to set sales targets and expect performance standards to be met. However, capability dismissals require a structured and transparent process.

In this case, there was insufficient evidence that the employee had been placed on formal notice that his performance was unsatisfactory to the extent that dismissal was being contemplated.

There was no documented improvement plan, no staged warnings, and limited evidence of structured review meetings.

Why the dismissal failed

The WRC reiterated that a dismissal for poor performance must demonstrate both substantive justification and procedural fairness.

Even where performance concerns are genuine, an employer must show that:

● Clear standards were communicated

● Concerns were documented

● Support and opportunity to improve were provided

● The employee understood that dismissal was a possible outcome

The absence of a formal performance management framework was fatal to the employer’s defence.

The dismissal was therefore found to be unfair, and compensation of €10,000 was awarded.

Key lessons for employers

● Performance dismissals require documented targets and evidence.

● Informal dissatisfaction is not sufficient.

● Employees must be placed clearly on notice that their role is at risk.

● A structured improvement plan is essential.

● Proportionality and process are central to defensibility.

● Commercial pressure does not dilute procedural obligations.

If your business is managing underperformance or considering termination for capability reasons, we can support you in implementing a compliant and defensible performance management framework.

Contact MSS The HR People at info@mssthehrpeople.ie , Ph 018870690 or visit our website.

Recruitment and AI: Where Employers Must Draw the Line

Wed, 04 Mar 2026 13:41:16 GMT

AI is transforming recruitment, but not without risk.

From CV screening tools to automated interview scoring, artificial intelligence is increasingly being used in hiring decisions. While AI can improve efficiency, it also introduces legal and ethical concerns.

Key risks employers must understand

Algorithmic bias
Lack of transparency in decision making
Inability to explain why a candidate was rejected
Data protection breaches
Over reliance on automated scoring

Under employment equality legislation, employers must be able to objectively justify recruitment decisions.

An algorithm alone is not a defence.

Regulatory direction

Both the EU AI Act and employment equality law require:

Human oversight of automated decisions
Transparency for candidates
Protection against discriminatory outcomes
Lawful processing of personal data

Recruitment decisions cannot be fully automated.

Best practice approach

Use AI as a support tool, not a decision maker
Maintain human review at all stages
Document recruitment rationale
Avoid automated rejection without review
Update privacy notices accordingly

AI should assist judgement, not replace it.

Key takeaway

Used correctly, AI can enhance recruitment. Used incorrectly, it can significantly increase legal exposure.

Employers must ensure technology supports compliant decision making rather than undermining it.

MSS The HR People advises organisations on safe recruitment practices, AI governance and legally defensible hiring processes.

For guidance or support, contact info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

CCPC Publishes New Tipping Report: What Employers Need to Know

Wed, 04 Mar 2026 13:34:48 GMT

The Competition and Consumer Protection Commission has published a new report on tipping practices in Ireland. While the report is primarily focused on consumer experience rather than employment law, it contains important guidance for employers, particularly those operating in hospitality, retail and other customer facing sectors.

The report reflects growing scrutiny of how tips and service charges are presented to customers, especially with the widespread use of card and terminal based payment systems. For employers, the message is straightforward. Transparency and clarity around tipping practices are now very much under the regulatory spotlight.

Why this matters for employers

Tipping is not as embedded in Irish workplace culture as in some other jurisdictions, yet the CCPC found that many consumers experience confusion or discomfort when tipping options are presented, particularly through digital payment terminals. Customers were often unsure whether a charge was mandatory, optional or automatically applied.

From an employer perspective, this presents a real business risk. Where tipping practices are unclear, customers may feel pressured or misled. This can quickly translate into complaints, negative online reviews and reputational damage. It may also increase the likelihood of regulatory attention, even where no wrongdoing was intended.

Transparency is key

A central theme of the CCPC report is informed consumer choice. Where a service charge is mandatory, this should be clearly communicated in advance, for example on menus, price lists, booking confirmations or websites. Optional charges, including tips, should only be applied where the customer has clearly chosen to do so.

The report highlights that even well intentioned practices can leave customers feeling misled if charges are not clearly explained. Employers are therefore encouraged to review how tipping and service charges are communicated at every stage of the customer journey.

Digital tipping and payment terminals

The move towards digital payments has significantly changed how tipping operates in practice. The CCPC found that some customers felt under pressure to tip when presented with tipping screens, while others reported tipping accidentally due to unclear or overly prominent options.

The report recommends that payment terminals should make it just as easy to decline a tip as to leave one. Options such as no tip or skip should be clearly visible and not designed in a way that nudges or confuses customers.

For employers, this means reviewing how payment terminals are configured and ensuring that tipping prompts support genuine customer choice rather than creating pressure at the point of payment.

What this does not change

It is important to be clear about what the CCPC report does not do. It does not change employment legislation and it does not regulate how tips are distributed to employees. Issues such as pay, tip allocation and contractual entitlements remain governed by existing employment law and internal workplace policies.

That said, unclear tipping practices can have indirect workplace consequences. Customer frustration is often directed at frontline staff, which can increase conflict, stress and complaints in customer facing roles.

Practical steps for employers

Employers, particularly in hospitality and service based sectors, should take this opportunity to review their current arrangements. This includes checking how service charges and tips are displayed, ensuring staff understand the business approach to tipping, and confirming that digital payment systems are set up in a clear and customer friendly way.

There are also wider lessons for employers outside traditionally tipped sectors. Transparency, pricing clarity and customer trust are increasingly seen as core business standards rather than optional extras.

Final thoughts

The CCPC tipping report signals a clear expectation that businesses present tipping and service charges in a fair, transparent and straightforward way. While the guidance is not legally binding, it reflects the direction of regulatory thinking and the standards consumers increasingly expect.

Taking a proactive approach now can help employers reduce risk, protect their reputation and support a positive experience for both customers and staff.

If you would like support reviewing your practices, policies or payment processes in light of this report, MSS The HR People can help. We regularly support employers with compliance reviews and practical guidance.

If you require any further advice in relation to the above please contact MSS The HR People on info@mssthehrpeople.ie , Ph +353 1 887 0690, or visit www.mssthehrpeople.ie.

St. Patrick’s Day and Public Holiday Pay in Ireland: A Compliance Refresher for Employers

Wed, 04 Mar 2026 08:28:31 GMT

With St. Patrick’s Day approaching, now is a timely opportunity for employers in Ireland to ensure public holiday entitlements are being applied correctly under the Organisation of Working Time Act 1997.

Public holiday pay is a common area of Workplace Relations Commission (WRC) inspection focus, particularly for businesses with part-time or variable hours employees. Below is a practical refresher on what employers need to know to remain compliant.

Who Is Entitled to Public Holiday Benefits in Ireland?

All employees in Ireland, including full-time, part-time and variable hours workers, are entitled to public holiday benefits.

For employees who do not normally work full-time hours, eligibility arises where they have worked at least 40 hours in the five weeks preceding the public holiday.

What Are the Statutory Public Holiday Entitlements?

Under the Organisation of Working Time Act, a qualifying employee is entitled to one of the following (at the employer’s discretion):

A paid day off on the public holiday
A paid day off within one month of the public holiday
An additional day’s pay
An additional day of annual leave

The employer decides which option applies, provided the statutory entitlement is met.

If the Employee Works on St. Patrick’s Day

Where an employee works on the public holiday, they are entitled to:

Payment for the hours worked on the public holiday
plus
One of the four statutory public holiday benefits listed above

For variable hours employees, the additional public holiday benefit (where paid rather than taken as leave) is generally calculated by reference to what the employee was paid for their last normal working day prior to the public holiday, in line with WRC inspection practice.

It is important to note that the legislation does not automatically require “double pay”. Rather, the employee must receive payment for hours worked plus one statutory benefit.

If the Employee Does Not Work on the Public Holiday

If the employee does not work on the public holiday, they are entitled to one-fifth of their weekly pay from the last week worked immediately prior to the public holiday.

This is particularly relevant where St. Patrick’s Day falls on a day an employee does not normally work.

Variable Hours Workers - Key Compliance Points

To qualify:

The employee must have worked at least 40 hours in the five weeks preceding the public holiday.

If they work on the public holiday:

Pay for the hours worked, plus one statutory public holiday benefit.

If they do not work on the public holiday:

One-fifth of their weekly pay from the last week worked prior to the public holiday.

Public holiday pay calculations for variable hours staff are a frequent source of WRC queries, so payroll accuracy is critical.

Managing St. Patrick’s Day in Practice

Advance Planning

Confirm in advance which employees will be required to work and how the public holiday entitlement will be applied.

Roster Clarity

If your business remains open on St. Patrick’s Day, ensure rosters and alternative days off are communicated clearly.

Payroll Accuracy

Errors in public holiday pay calculations are a common compliance issue during WRC inspections. Ensure payroll reflects both hours worked and the additional statutory benefit correctly.

Common Employer Questions About Public Holiday Pay

Employers frequently ask:

Do I have to pay double pay on St. Patrick’s Day?
How do I calculate public holiday pay for variable hours employees?
What if the employee does not normally work on the day the public holiday falls?

Getting these calculations right helps avoid complaints and ensures compliance with the Organisation of Working Time Act.

Final Thoughts

Public holiday compliance in Ireland is straightforward once the rules are applied consistently. However, errors in calculation, particularly for part-time and variable hours employees, can quickly give rise to complaints or inspection findings.

Taking a proactive approach ahead of St. Patrick’s Day helps reduce risk, protect your organisation, and ensure fair treatment of staff.

If you require support reviewing your public holiday pay arrangements, contracts, or payroll calculations, MSS The HR People can assist.

For further advice, contact MSS The HR People on info@mssthehrpeople.ie , Ph +353 1 887 0690 , or visit www.mssthehrpeople.ie .

The Power of Headhunting

Wed, 04 Mar 2026 08:28:27 GMT

Why the Best Candidates Are Not Actively Job Searching

Recruitment has changed significantly in recent years.

For many employers, particularly in competitive sectors, the challenge is no longer receiving 100’s applications. It is finding the right person.

In today’s market, many of the strongest candidates are not actively applying for roles. They are already employed, performing well, and not scanning job boards.

This is where headhunting becomes one of the most effective tools available to employers.

Understanding Headhunting, also known as Executive Search

Headhunting is a targeted recruitment approach focused on identifying and engaging suitable candidates directly, rather than relying solely on advertising and inbound applications.

Unlike traditional recruitment, headhunting is proactive. It is designed to reach individuals who may not be actively seeking a move, but who could be open to the right opportunity.

For employers, this approach can significantly widen the talent pool and improve hiring outcomes.

Why Headhunting Matters in a Tight Labour Market

Many businesses continue to rely on job advertisements as their primary recruitment strategy. While advertising has its place, it often results in:

High volumes of unsuitable applications
Repeated shortlisting of the same active jobseekers
Limited access to specialist or experienced talent
Longer time to hire

In contrast, headhunting allows employers to access candidates who are not visible through traditional channels.

In sectors where skills are scarce, this can be the difference between filling a role quickly and leaving a vacancy open for months.

The Business Benefits of Headhunting

Headhunting is not just about speed. It is about quality and fit.

Key benefits for employers include:

Access to passive candidates who are performing strongly in other organisations
Improved quality of shortlist and better role alignment
Reduced recruitment risk and stronger long term retention
Discreet hiring for sensitive or senior appointments
Time savings for management teams
More strategic hiring rather than reactive recruitment

For SMEs, where every hire has a major impact, headhunting can provide a much more reliable route to securing talent.

When Should Employers Consider Headhunting?

Headhunting is particularly effective for roles where:

Previous advertising has not delivered suitable candidates
The role requires specialist expertise or leadership capability
The market is highly competitive
The position is business critical
Confidentiality is important
The employer wants to raise the calibre of applicants

It is also increasingly used for mid level roles, not just executive appointments, particularly in industries experiencing ongoing skills shortages.

Why Professional Headhunting Support Matters

Approaching candidates directly requires experience, discretion, and a clear understanding of the market.

Professional headhunting provides:

Targeted sourcing aligned with your business needs
Skilled outreach and candidate engagement
Confidential handling of discussions
Objective screening and suitability assessment
Support with offer management and onboarding

It also ensures that recruitment remains compliant, structured, and aligned with fair selection practices.

Headhunting and Employer Reputation

Candidates who are not actively job searching will only engage if the opportunity is presented professionally.

A poorly handled approach can damage employer reputation or lead to mistrust.

A professional headhunting process ensures that potential candidates receive accurate information, appropriate communication, and a clear understanding of the role and organisation.

Headhunting Services from MSS The HR People

At MSS The HR People, we support employers with professional recruitment and headhunting services designed to secure high quality candidates in a competitive market.

With over 38 years of experience advising Irish employers, we understand that recruitment is not simply about filling vacancies. It is about making the right hire, protecting your business, and building long term capability.

Our approach is structured, discreet, and tailored, ensuring that employers access the best available talent, not just the most available applicants.

A Smarter Approach to Hiring

The strongest candidates are rarely found by waiting.

Headhunting allows employers to take control of the recruitment process, reach the right people directly, and secure talent that would otherwise remain out of reach.

For organisations seeking to strengthen their workforce, improve retention, or hire for critical roles, headhunting is one of the most powerful recruitment tools available.

Need Support with Recruitment or Headhunting?

MSS The HR People provides professional recruitment and headhunting services to help employers identify, attract, and secure the right candidates.

To discuss a recruitment requirement, contact us today:

Email: info@mssthehrpeople.ie
Phone: +353 1 887 0690
Web: https://www.mssthehrpeople.ie/executive-search-and-selection

Workplace Conflict: How Professional Mediation Can Help

Wed, 04 Mar 2026 08:28:24 GMT

Workplace conflict is one of the most common and most costly challenges facing employers.

A breakdown in communication between colleagues, tension within a team, or an unresolved disagreement between a manager and employee can quickly escalate into a formal grievance, prolonged absence, or even resignation.

For many businesses, particularly SMEs, these situations are not only stressful but also time consuming and high risk.

Workplace mediation offers employers a structured, confidential and effective way to address issues early, before they develop into more serious disputes.

Understanding Workplace Mediation

Workplace mediation is a voluntary and confidential process where an independent mediator supports two or more individuals in resolving conflict constructively.

Unlike formal disciplinary or grievance procedures, mediation is not about determining fault or assigning blame. Instead, it focuses on helping the parties involved communicate effectively, understand each other’s perspectives, and reach an agreed way forward.

Mediation can be particularly valuable where the employment relationship needs to continue and where the employer wishes to restore a workable professional dynamic.

When Should Employers Consider Mediation?

Mediation is often most successful when used early, before positions become entrenched and before formal processes begin. Employers may consider mediation in situations such as:

Ongoing interpersonal conflict between colleagues
Communication breakdown between a manager and employee
Team tension affecting morale or performance
Disputes arising from changes in duties or work practices
Concerns that may not meet the threshold for formal investigation
Difficult working relationships following a grievance or complaint
Return to work following conflict related absence

In many cases, mediation provides a practical alternative to allowing issues to escalate into formal procedures that can be lengthy, stressful, and disruptive.

Why Mediation Matters for Employers

From an employer perspective, mediation is not simply about improving workplace harmony. It is also a proactive risk management tool.

Unresolved conflict can lead to:

Increased absenteeism and stress related leave
Higher staff turnover
Reduced productivity and team dysfunction
Formal grievances and disciplinary cases
Legal exposure and potential WRC claims
Significant management time spent on disputes

Mediation allows employers to intervene early, demonstrate fair and reasonable engagement, and reduce the likelihood of escalation.

The ability to resolve issues quickly and professionally can make a substantial difference to business continuity.

Mediation vs Formal Procedures

It is important for employers to understand that mediation is not appropriate in every case.

Where serious misconduct is alleged, or where an investigation is required to establish facts, formal procedures may still be necessary.

However, many workplace disputes are not about misconduct but about misunderstandings, communication difficulties, personality clashes, or unresolved tension.

In these cases, mediation can often achieve a better outcome than a purely procedural approach.

A grievance process may determine whether a complaint is upheld. Mediation, on the other hand, focuses on repairing working relationships and finding practical solutions.

The Value of Professional Independent Mediation

While some employers attempt to resolve conflict informally through internal discussions, workplace disputes often require a neutral and experienced facilitator.

Professional mediation provides:

Independence and impartiality

A structured and confidential setting
Skilled facilitation of difficult conversations
A focus on resolution rather than blame
Support in reaching workable agreements

Having an external mediator also reassures employees that the process is fair, balanced, and not influenced by internal dynamics.

Workplace Mediation Services from MSS The HR People

At MSS The HR People, we provide professional workplace mediation services designed specifically for employers navigating complex employee relations challenges.

With over 38 years of experience supporting Irish organisations, we understand the realities of workplace conflict and the importance of resolving issues early, fairly, and professionally.

Our mediation services support employers in achieving constructive outcomes while maintaining dignity, confidentiality, and appropriate workplace boundaries.

We work with businesses across a wide range of sectors, providing practical, HR grounded mediation that aligns with best practice and employment law principles.

How the MSS Mediation Process Works

Our workplace mediation process is structured and focused, typically including:

An initial consultation with the employer to assess suitability
Confidential individual meetings with each party involved
A facilitated joint mediation session in a neutral setting
Support in identifying agreed actions and next steps
Follow up where appropriate to help embed resolution

The aim is always to achieve a workable and sustainable outcome that allows the employment relationship to move forward positively.

A Practical Early Intervention Tool

Workplace conflict is often unavoidable, but escalation is not.

Mediation offers employers an effective way to address issues early, protect working relationships, and reduce the risk of formal disputes.

For many organisations, it is one of the most valuable tools available for resolving employee relations issues in a timely and constructive manner.

Need Support with Workplace Conflict or Mediation?

MSS The HR People provides independent workplace mediation services to help employers resolve disputes early, restore professional working relationships, and reduce employee relations risk.

For support or to discuss a mediation referral, contact us today:

Email: info@mssthehrpeople.ie
Phone: +353 1 887 0690
Web: www.mssthehrpeople.ie/mediation

WRC awards €30,000 after pregnant Finance Director refuses 60% pay cut

Wed, 04 Mar 2026 08:28:21 GMT

❖ Click Here for Decision

What happened

In a decision reported on 30 ^th January 2026, the Workplace Relations Commission awarded €30,000 to a finance director who was dismissed after refusing to accept a proposed 60% reduction in salary.

The employer maintained that the pay reduction was necessary due to business pressures. The employee, who was pregnant at the time, declined to accept the revised terms. Her employment was subsequently terminated.

The WRC examined both the contractual variation and the surrounding circumstances, including the impact the proposed reduction would have had on maternity leave entitlements.

What the WRC focused on

The Adjudication Officer concentrated on several core issues:

● Whether the salary reduction constituted a fundamental change to a core contractual term

● Whether genuine and meaningful consultation had taken place

● Whether dismissal following refusal was reasonable and proportionate

● Whether the proximity to maternity leave raised a discriminatory inference

The WRC found that a 60% reduction in salary was not a minor operational adjustment but a fundamental alteration of contract. The employee was entitled to refuse such a change.

Critically, the WRC was not satisfied that the employer had demonstrated a fair and structured process before moving to dismissal. There was insufficient evidence of meaningful consultation, exploration of alternatives, or consideration of other options such as redundancy.

The Maternity Element

While the employer argued that the proposal was financially driven, the WRC considered the practical impact on the employee’s maternity entitlements.

Under the Employment Equality Acts, once pregnancy is established as a factor in the background, the burden shifts to the employer to demonstrate that the treatment was wholly unrelated to pregnancy.

The adjudicator was not satisfied that this burden had been discharged.

Even if the original motivation was commercial, the timing and financial implications created sufficient nexus to raise discrimination concerns.

Why the dismissal failed

The dismissal failed on two primary fronts:

First, refusal to accept a fundamental contractual downgrade does not of itself amount to misconduct or just cause for dismissal.

Second, the employer had not demonstrated that dismissal was within the band of reasonable responses open to a reasonable employer in those circumstances.

The WRC therefore found the dismissal unfair and awarded compensation.

Key lessons for employers

● Significant pay reductions require genuine consultation and agreement.

● Employees are entitled to refuse fundamental contractual changes.

● Pregnancy significantly heightens legal scrutiny.

● Dismissal must be proportionate and procedurally robust.

● Business rationale alone will not cure process deficiencies.

Restructuring is lawful. However, when core terms and protected characteristics intersect, the evidential burden on the employer increases substantially.

If your company is considering restructuring, pay variation or cost reduction measures, we can support you in ensuring the process is compliant, defensible and commercially aligned.

Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website.

WRC Revises Code of Practice on Access to Part-Time Work: Key Updates for Employers.

Wed, 04 Feb 2026 16:11:00 GMT

The Workplace Relations Commission (WRC) has updated its Code of Practice on Access to Part-Time Work, providing clearer guidance on best practices for employers and employees in today’s flexible working environment.

While the revised Code is similar to the previous version, it adopts a more positive tone towards part-time work, presenting it as a modern and flexible way of working rather than an exception . In particular, the Code places greater emphasis on work–life balance considerations, including from the perspective of parents and carers.

Although the Code does not create a legal right to part-time work, it sets clear expectations for employers in terms of how requests should be handled and reinforces the importance of fair and consistent treatment of employees.

Key Updates and Takeaways

Part-Time Work as a Positive Option

The updated code recognises part-time work as a valuable way to enhance labour market participation and provide flexibility. Employers are encouraged to view part-time arrangements as a strategic and beneficial option, rather than a limitation.

Equal Treatment

A central principle of the code is that part-time employees must not be treated less favourably than full-time employees. This means that pay, benefits, access to training, and career progression should be proportionate and fair, ensuring that part-time staff are not at a disadvantage.

Structured Procedures for Requests

A key development in the revised Code is the increased emphasis on employers adopting a clear, step-by-step framework when dealing with requests to move between full-time and part-time work. Employers are encouraged to:

Review and update policies to reflect the code’s guidance.
Respond to requests following a clear, structured procedure.
Provide meaningful reasons if a request cannot be accommodated.

Rather than informal consultation alone, requests should now be considered through a structured and documented process.

Flexible Roles and Recruitment

The revised Code encourages employers to consider whether part-time working can be accommodated at the point of job design and recruitment. This may include job-sharing arrangements, flexible schedules, or adjusting workloads to maintain role effectiveness.

Responsibilities of Employers and Employees

Under the revised code, employers are expected to establish clear policies, actively monitor roles for flexibility, provide part-time employees with equal access to training, and ensure that no employee is penalised for requesting part-time work.

It is equally important to communicate with all staff about part-time opportunities, including how to request them and the criteria used to assess requests. Clear communication helps maintain transparency and ensures a fair, consistent approach to flexible working across the organisation.

Employees, in turn, are responsible for complying with agreed arrangements, understanding that not all roles may be suitable for part-time work, and performing their duties as required. Both employers and employees play an important role in making part-time arrangements fair, transparent, and effective.

Legal Relevance

Although the code is not legally binding, it is admissible in evidence. Adjudicators may rely on it when assessing whether an employer’s approach to part-time work requests is reasonable, fair and aligned with best practice.

What Does This Mean for Your Business?

The revised Code encourages employers to take a more structured and considered approach to part-time working, while also protecting the operational needs of the business. For SMEs in particular, clear procedures and consistent decision-making are essential to managing requests effectively and avoiding unintended legal or operational risks.

Having a documented process helps employers demonstrate fair consideration of requests, apply objective business grounds where flexibility is not feasible, and maintain continuity of service. Done properly, part-time arrangements can support retention and engagement without undermining productivity or resourcing.

Part-time work should not be viewed as an automatic entitlement or an informal arrangement. Employers are encouraged to review their policies, communicate expectations clearly, and ensure that any flexibility granted is sustainable, consistent, and defensible if challenged.

If you need any assistance reviewing your company policies in line with this revised Code of Practice, please do not hesitate to contact MSS The HR People.

PH: 018870690 Email: info@mssthehrpeople.ie

WRC Awards €8,000 for Unfair Dismissal Following Employee Pregnancy Miscarriage

Wed, 04 Feb 2026 15:58:24 GMT

A recent Workplace Relations Commission (WRC) decision highlights the significant risks employers face when they fail to follow fair procedures in managing employee illness and highly sensitive personal circumstances.

In this case, a sushi chef who was dismissed shortly after suffering a miscarriage was awarded €8,000 in compensation for unfair dismissal. The decision serves as an important reminder to employers that regardless of previous concerns around attendance or conduct, employers must act reasonably, compassionately and in accordance with fair procedures.

Background of the Case

The complainant was employed as a sushi chef with Beacon Sushi Limited. In early 2024, she informed her employer that she was unwell and subsequently confirmed that she had suffered a miscarriage. She later provided a medical certificate covering her absence from work.

Approximately five days after the miscarriage, the employee received a WhatsApp message notifying her that her employment was being terminated and that she was expected to work her notice period, even though she was medically unfit to do so at the time.

The employer claimed that the dismissal was due to concerns regarding timekeeping and the employees alleged failure to follow the company’s absence reporting procedures.

WRC Findings

The WRC adjudication officer found that the dismissal was unfair and was critical of the manner in which the employer handled the situation.

The WRC noted that the dismissal letter did not set out any clear reasons for termination and that no meeting was held with the employee prior to the decision being made. In addition to this, the employee was never given an opportunity to respond to the concerns raised, nor was she afforded a right of appeal. The adjudicator also considered that the employer was aware of the employee’s medical circumstances when the dismissal decision was made.

The WRC found that dismissing an employee in such circumstances, while she was on certified sick leave and without any fair or transparent process, fell well short of the standards required under Irish employment law. As a result, the employee was awarded €8,000 in compensation for unfair dismissal.

Key Lessons for Employers

This case serves as a reminder that fair procedures are essential in all dismissal situations, regardless of the surrounding circumstances. Even where an employer believes there are legitimate concerns relating to attendance or conduct, employees must be informed of those concerns, given a meaningful opportunity to respond, and provided with access to an appeal process.

The decision also highlights the need for particular care where an employee is medically vulnerable or experiencing significant personal trauma. Employers are expected to exercise sensitivity and sound judgement when managing illness-related absences, particularly when the employer is already aware of the employee’s medical condition.

Dismissals that take place during periods of certified sick leave carry an increased level of risk and will be closely scrutinised by the WRC. This risk is further heightened where dismissals are communicated informally, such as by text message or WhatsApp. Informal communication around dismissals has been repeatedly criticised by the WRC.

Finally, the case demonstrates that management policies should be applied thoughtfully and must consider the individual circumstances at hand, rather than being rigid. While policies provide an important framework, they should not be used as a substitute for fair judgement or proper procedures.

Conclusion

This WRC decision is a timely reminder of the legal and reputational risks that can arise when employers fail to follow fair procedures, particularly in cases involving illness or sensitive personal circumstances.

Employers should regularly review their practices around sick leave management, disciplinary procedures and dismissals, to ensure compliance with employment legislation and alignment with best practice.

If you require advice on managing sick leave, dismissals or disciplinary processes, please do not hesitate to contact MSS The HR People: Ph 018870690, Email: info@mssthehrpeople.ie

The Cost of a Bad Hire: Why Recruitment Decisions Matter More Than Ever

Wed, 04 Feb 2026 15:45:52 GMT

A bad hire is no longer just inconvenient. In today’s regulatory and economic environment, a poor recruitment decision can cost an organisation tens of thousands of euro. These costs often arise through a combination of direct and indirect impacts, including:

Recruitment fees and onboarding costs
Training investment and management time
Lost productivity and performance gaps
Employee relations cases and WRC exposure

Despite this, many employers are still hiring under pressure, often with limited structure or documentation. Bad hires are becoming more common due to shortened interview processes, untrained interviewers, over reliance on CVs, limited behavioural questioning, poor reference checking, and decisions being made to meet urgency rather than long term suitability. When recruitment is rushed, organisational risk increases significantly.

The legal exposure is frequently underestimated. Where recruitment decisions are not properly documented, employers can struggle to defend failed probation outcomes, performance management processes, dismissals, or discrimination claims. In practice, a weak recruitment process often becomes a weak defence.

A strong recruitment framework helps prevent these issues by providing consistency, objectivity, and protection for both the organisation and the hiring manager. At a minimum, this should include:

Clear role profiles and defined competencies
Consistent interview questions and objective scoring
Transparent selection criteria and accurate job descriptions
Properly structured and actively managed probation

Key takeaway

Recruitment is not just about filling a vacancy. It is the first stage of risk management, and investing time upfront significantly reduces employee relations issues later.

MSS The HR People provides compliant recruitment frameworks, interview templates, and manager training to support defensible hiring decisions.

For recruitment support, contact info@mssthehrpeople.ie, Ph +353 1 887 0690, or visit www.mssthehrpeople.ie .

When Workplace Rights Collide: UK Tribunal Ruling Highlights Employer Risk Complaint

Wed, 04 Feb 2026 15:40:53 GMT

A recent UK employment tribunal decision has highlighted the complexities employers face when managing competing rights in the workplace, particularly in relation to sex, gender identity and dignity at work.

Whilst this case was not before the Irish Courts, it provides a useful insight into how a third party could perceive such a claim.

In this case, a group of female nurses successfully brought claims of harassment and sex discrimination after their concerns about a transgender colleague’s use of a female changing room were not adequately addressed by their employer.

Background to the Case

The claimants were employed as nurses at Darlington Memorial Hospital in the UK. In line with the hospital’s policy, a transgender woman colleague was permitted to use the female changing room from 2019. The hospital also operated a uniform policy, which required staff to change into and out of uniforms on site using single sex, open changing room facilities.

Concerns were raised by female staff in 2023 about having to share the changing room with their transgender woman colleague, particularly as they were required to undress down to their underwear. Several nurses reported feeling uncomfortable and raised issues relating to privacy, dignity and safety with line management and HR.

Management responses focused primarily on the hospital’s inclusive policies, with some staff being told they needed to accept the situation and be “educated to broaden their views”.

Despite internal discussions and HR involvement, the nurses felt their concerns were not being taken seriously and that the core issue was not being addressed. Temporary alternative arrangements were eventually put in place, including access to a private changing space for those who were uncomfortable, along with signage describing the main facility as an “inclusive changing space”.

Tribunal Findings

The employment tribunal found that the transgender colleague had not behaved inappropriately and had simply followed the hospital’s guidance when using the changing facilities. Claims that the colleague herself had engaged in harassment were dismissed.

However, the tribunal was critical of the hospital’s handling of the situation. It found that the nurses’ concerns were genuine and related to their dignity, privacy and bodily autonomy. The panel concluded that the hospital had created a hostile and humiliating environment by requiring the claimants to share the female changing room without providing suitable alternative facilities.

The tribunal also found that management’s emphasis on “educating” the nurses reinforced the perception that their concerns were being dismissed and that they were being viewed as transphobic or bigoted for raising them. The tribunal concluded that this approach amounted to harassment and sex discrimination. Subsequently, the panel also concluded that the hospital had prioritised the perceived rights of the transgender staff member without adequately considering the rights of other female employees.

Key Lessons for Employers

This decision highlights the importance of handling sensitive workplace issues with care and balance. While inclusive policies are essential, employers must also recognise their obligation to consider the rights, dignity and privacy of all employees. Where concerns are raised, particularly in relation to single-sex spaces, they should be approached objectively and without assumptions being made about the motivation behind them.

Employers should be cautious about dismissing complaints by framing them as a need for “education”, as this may undermine trust and expose the organisation to legal risk. A failure to meaningfully engage with concerns, explore practical alternatives or provide suitable facilities can contribute to a finding that a hostile or degrading environment has been created.

Conclusion

This UK tribunal decision serves as a reminder that managing competing rights in the workplace requires careful consideration, open dialogue and appropriate solutions. Employers should ensure that workplace policies are supported by clear procedures and practical arrangements that protect the dignity and respect of all staff. Taking concerns seriously, particularly where issues are complex or sensitive, is critical to maintaining a respectful workplace and avoiding costly legal claims.

If you require advice on managing sensitive workplace issues, reviewing policies or navigating competing equality rights, please get in touch with the team at MSS The HR People: info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

Recruitment in 2026: Why Employers Are Struggling to Attract Talent and What Actually Works

Wed, 04 Feb 2026 15:31:39 GMT

The recruitment market has fundamentally shifted.

Across Ireland, employers are reporting the same challenge: roles are advertised, applications are low, interviews are cancelled, and accepted offers fall through. While many organisations still describe this as a “candidate shortage”, the reality is more nuanced.

Recruitment in 2026 is no longer about filling vacancies quickly. It is about understanding candidate behaviour, expectations and risk tolerance in a post pandemic, high cost of living labour market.

What has changed?

Several factors are driving recruitment difficulty:

Unemployment remains historically low
Employees are more cautious about changing roles
Counter offers have become the norm
Remote and hybrid expectations remain strong
Pay transparency and flexibility now outweigh job titles

Candidates are not unwilling to work. They are unwilling to move unless the opportunity clearly improves their overall quality of life.

The biggest mistakes employers are making

Many recruitment campaigns fail before the interview stage due to avoidable issues:

Salary not disclosed or pitched below market
Overly long or unrealistic job descriptions
Slow interview processes
Multiple interview stages without clarity
Poor communication between interviews

In a competitive market, delay equals disengagement.

What is working in 2026

Employers seeing success are doing the following:

Publishing salary ranges
Reducing recruitment timelines
Using structured competency interviews
Training managers on interview technique
Offering flexibility
Communicating culture, workload and expectations clearly

Recruitment is now as much a marketing exercise as it is an HR process.

Key takeaway

Employers who continue to recruit the way they did five years ago will continue to struggle. Those who modernise their approach are filling roles faster and retaining new hires longer.

At MSS The HR People, we support clients with end to end recruitment support, from job design and salary benchmarking to compliant selection processes, chairing interviews and onboarding.

For support with your recruitment strategy or current hiring challenges, contact info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

WRC Awards €6,500 in Discriminatory Dismissal Sick Leave Case

Wed, 04 Feb 2026 15:22:25 GMT

A recent WRC decision highlighted the importance of handling sick leave and disability accommodations appropriately in the workplace.

In this case, a shop worker was dismissed during her probation period following absences due to illness. The WRC found that the employer discriminatorily dismissed the employee on the grounds of her health condition and awarded her €6,500 in compensation.

Background of the Case

The complainant was employed as a sales assistant in a large retail store. During her job interview, she disclosed that she had a heart condition, a weakened immune system and advised that she would require time off for medical appointments.

During her first six months of employment, she suffered several bouts of illness, including a serious infection following COVID-19. This resulted in a total of 12 days of certified sick leave . Shortly after one return-to-work meeting in early 2025, her employer terminated her employment with one week’s notice.

WRC Findings

The Workplace Relations Commission criticised the employer for their handling of the matter. The adjudication officer found that the employee had informed the recruitment team at the interview stage about her medical condition and potential need for time off: therefore, the employer was on notice of a disability.

Furthermore, the WRC found the employer failed to carefully consider the impact of the employee’s medical condition on her attendance, nor did they further explore any reasonable accommodations or adjustments. As a result, the WRC concluded that the dismissal was discriminatory under the Employment Equality Act 1998 .

The adjudication officer described the employee as credible and convincing in her evidence and concluded that reasonable accommodation was not provided, leading to a finding of discrimination.

Key Lessons for Employers

This case serves as an important reminder for employers that disclosure at interview stages matters and must be handled carefully. When a candidate informs an employer of a health condition, this information must be acknowledged and its implications considered throughout the employment relationship.

An employee’s absence records alone, regardless of the number of sick days, will not justify dismissal. High levels of absence must be assessed in their proper context, particularly where a disability or the need for reasonable accommodation is known.

Employers are expected to engage proactively with employees who have disabilities and to explore all reasonable options to support attendance and performance. Clear policies and appropriate management training in relation to sick leave and reasonable accommodation are essential in managing risk, ensuring legal compliance and avoiding costly employment law claims.

Conclusion

This WRC decision is a clear reminder to employers of the risks of disregarding disclosures relating to health or disability, even during probationary periods.

Employers should regularly review their practices around sick leave management, disability disclosure and reasonable accommodations to ensure compliance with equality legislation. Failing to do so can lead to findings of discrimination and significant financial awards, as this case demonstrates.

If you need any advice on managing sick leave policies or reasonable accommodation obligations, please do not hesitate to get in touch with our team at MSS The HR People: info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

Salary Transparency in Recruitment: What Employers Need to Know

Wed, 04 Feb 2026 15:18:16 GMT

Salary transparency is no longer optional.

With the EU Pay Transparency Directive approaching and increased enforcement of gender pay gap reporting, recruitment practices are under significant scrutiny.

While the Irish Legislation is not due to be transposed until later in 2026, many employers are already being challenged by candidates asking direct questions about pay structures, bands and progression.

What the directive means for recruitment

Under the new rules Member States must legislate for the provisions that:

Employers will be prohibited from asking candidates about salary history
Pay ranges must be available before interview
Job titles and pay structures must be objective and gender neutral
Employees will have the right to request pay comparison data

This will have major implications for how roles are advertised and offered.

Common risks we are seeing

Inconsistent starting salaries for the same role
No formal salary bands
Historic negotiation based pay differences
Managers offering salaries without HR oversight
Job adverts that avoid any reference to pay

These practices will expose employers to discrimination risk once transparency obligations fully apply.

What employers should be doing now

Review and document salary bands
Align job titles to actual duties
Ensure recruitment offers sit within approved ranges
Train hiring managers on compliant pay discussions
Audit existing roles for internal pay equity

Recruitment is often where pay inequality begins.

Key takeaway

Employers who wait until later 2026 to address pay transparency may face rushed audits, difficult conversations and recruitment disruption.

Preparing now allows organisations to recruit with confidence, consistency and credibility.

MSS The HR People supports employers with pay audits, role banding and recruitment compliance in advance of the new legislation.

For advice or support, contact info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

Revenue Clampdown on ‘Bogus’ Self-Employment

Wed, 04 Feb 2026 15:11:08 GMT

What Employers Need to Know Before the January 30 ^th Deadline.

A looming deadline at the end of January has significant implications for employers with contractor or freelance arrangements. The Revenue Commissioners are stepping up enforcement against bogus self-employment , situations where workers are incorrectly classified as self-employed when they should be treated as employees for tax and social insurance purposes.

Background to this Issue

In recent years, contract and project work has become increasingly common in Ireland as businesses seek to manage labour costs by engaging individuals as contractors, consultants or freelancers rather than employees. However, Revenue’s scrutiny of these arrangements has intensified following a landmark Supreme Court decision, confirming that certain workers engaged off-payroll were employees for tax purposes.

In that case, delivery drivers for a Domino’s Pizza franchise were classified as employees rather than independent contractors, primarily due to the franchise’s level of control over their work, which is a central consideration under Irish employment law.

Revenue’s Disclosure Opportunity

In response to these developments, Revenue introduced a time-limited disclosure opportunity for employers to regularise misclassification issues without facing interest, penalties or more intense compliance action. Employers who believe they may have misclassified workers for the 2024 and 2025 tax years can make a disclosure and settle any associated PAYE, USC and PRSI liabilities on favourable terms, provided this is done by 30 ^th January 2026.

Revenue has made it clear that this window is strictly time limited. Once this deadline has passed, employers who have not corrected misclassification issues may face significantly higher tax exposure, interest, penalties and the risk of a formal audit.

What This Means for Employers

For many businesses, particularly those that rely heavily on contractors or “off-payroll” arrangements, now is the time to act.

The disclosure opportunity applies to bona fide misclassification errors where employers have acted in good faith, relying on existing legal tests or guidance, and is not intended to address deliberate misclassification or where an employer is already subject to active Revenue intervention.

Employers should review their workforce classifications to determine if individuals engaged as self-employed are, in practice, employees under Irish law. Any potential issues should be raised with Revenue before the 30 ^th January 2026 deadline, even where additional PAYE liabilities may arise. Employers should also ensure that their assessment and decision-making processes are properly documented in the event of any future Revenue review.

Taking these steps promptly can help businesses avoid consequences while ensuring compliance with Irish tax and employment status rules.

Key Takeaways for HR and Payroll Teams

Misclassification can arise where individuals are labelled as self-employed under contract, but the reality of the working relationship more closely resembles employment.

This is particularly the case where the business exercises a high degree of control over how, when or where work is carried out. It may also arise where individuals are treated operationally as part of the organisation, where work patterns mirror those of employees, or where the business provides equipment or dictates working processes.

Correctly classifying workers is critical as employment status affects not only tax and social insurance obligations but also access to key employment rights and statutory protections.

Conclusions

Revenue’s clampdown on bogus self-employment and the upcoming January 30 deadline should be on every employer’s radar.

Businesses with contractor or gig-style arrangements must urgently review their practices to determine whether workers have been properly classified. Acting before the deadline provides employers with the opportunity to correct historic misclassification without incurring penalties or triggering more intensive compliance actions.

If you need guidance on reviewing worker classifications, understanding the disclosure opportunity or developing compliant engagement practices for contractors and self-employed workers, the team at MSS The HR People can help.

For advice or support, contact info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.

Last Minute Regulation on Auto Enrolment

Wed, 07 Jan 2026 15:25:34 GMT

A last minute regulation signed by the Minister for Social Protection in late December 2025 provides important clarification for employers ahead of the introduction of Ireland’s new auto enrolment pension system, My Future Fund.

The regulation addresses uncertainty that had existed in the absence of guidance on what level of employer pension provision would be sufficient to exclude an employee from auto enrolment.

Auto Enrolment and My Future Fund

From 1 ^st January 2026, eligible employees who do not have a qualifying workplace pension will be automatically enrolled into My Future Fund. The scheme applies to workers aged 23 to 60 earning €20,000 or more per year who are not already members of a qualifying occupational pension arrangement.

At the introductory phase, total contributions under My Future Fund equate to 3.5% of gross pay, made up of employee, employer and State contributions. These rates will increase on a phased basis over time.

The Position Prior To This Regulation

In the lead up to the launch of auto enrolment, there was no clarity from government as to what minimum contribution level an employer pension scheme would need to meet in order to exempt employees from My Future Fund.

As a result, the general understanding and indeed advice from Pension Providers, was that the existence of an employer pension scheme would mean an employee would not be automatically enrolled, regardless of contribution level. Many employers acted in good faith on this basis.

The absence of clear statutory thresholds, however, meant that this position was open to interpretation.

The Clarification Now Provided

The new, last minute, regulation introduces minimum contribution standards for defined contribution occupational pension schemes that are intended to operate as an alternative to My Future Fund.

In practical terms, an employer pension scheme must now deliver contributions comparable to My Future Fund at the introductory phase in order to be treated as exempting an employee from auto enrolment. Schemes with lower contributions will not meet this threshold.

Under the regulation, defined contribution occupational pension schemes must deliver total contributions of at least 3.5% of an employee’s gross pay in order to be regarded as an alternative to My Future Fund. Of this total, a minimum employer contribution of 1.5 percent is required, with the balance made up of employee contributions.

Where an employer pension scheme does not meet these minimum contribution levels over the relevant assessment period, employees may still be required to be auto enrolled, or the employer pension arrangements may need to be adjusted accordingly.

Where an existing scheme does not meet the minimum standards, employees may still need to be auto enrolled, or the employer pension contributions adjusted accordingly.

What This Means For Employers

This update is not an indication that companies have done anything wrong. Rather, it reflects a late stage policy clarification designed to ensure consistency and protect employee outcomes across all sectors.

However, it does mean that employers can no longer rely solely on the existence of an occupational pension scheme. Contribution levels now matter, and pension arrangements should be reviewed to confirm whether they meet the qualifying criteria.

Companies with low contribution schemes, legacy arrangements or recently introduced pensions should take this opportunity to review their position.

Key Takeaways For Employers

Employers should not assume that all occupational pension schemes will exempt employees from auto enrolment. Minimum contribution standards now apply, and schemes must deliver a meaningful level of retirement saving comparable to My Future Fund.

It is also expected that further guidance and policy development will follow as the system beds in, including potential clarification around taxation treatment, contribution alignment and how different pension arrangements interact over time. Employers should therefore view compliance as an evolving process rather than a one-off exercise.

Prompt review and planning will help avoid last minute compliance issues when auto enrolment is implemented.

Auto enrolment represents a significant change for employers, particularly SMEs. If you need support reviewing your existing pension arrangements, understanding whether your scheme qualifies MSS The HR People can assist.

Contact us at info@mssthehrpeople.ie, Ph +353 1 887 0690, or visit www.mssthehrpeople.ie

The EU Pay Transparency Directive: What Employers Need to Prepare for in 2026

Wed, 07 Jan 2026 15:25:32 GMT

The EU Pay Transparency Directive represents one of the most significant changes to pay and reward transparency in recent years. While many of the reporting obligations will apply on a phased basis, 2026 is a critical preparation year for employers.

The Directive is designed to address gender pay inequality by increasing transparency around pay, recruitment practices and internal pay structures. Employers who take early steps to prepare will be far better placed to manage compliance and reduce risk.

What Is the Pay Transparency Directive

The Pay Transparency Directive introduces new rights for employees and new obligations for employers around pay information, reporting and justification of pay differences.

The core objective is to ensure that employees have access to clear, objective information about pay levels and progression, and that employers can demonstrate that pay decisions are based on gender neutral criteria.

Who Will Be Affected

The Directive applies to all employers, but obligations differ depending on organisation size.

Larger employers will be subject to formal gender pay gap reporting and joint pay assessments, while smaller employers will still need to comply with transparency requirements relating to recruitment, access to pay information and equal pay principles.

SMEs should not assume that the Directive does not apply to them. While reporting thresholds may be higher, many of the operational and cultural changes apply across all organisations.

Key Changes Employers Need to Be Aware Of

Recruitment and Job Advertising
Employers will no longer be permitted to ask candidates about their pay history. Job advertisements or pre-interview information must include pay ranges or starting pay levels, ensuring transparency from the outset.

Access to Pay Information
Employees will have the right to request information on their individual pay level and the average pay levels for workers doing the same work or work of equal value, broken down by gender.

Pay Structures and Job Evaluation
Employers will need to be able to demonstrate that pay structures are based on objective, gender neutral criteria. Informal or undocumented pay practices will present a significant risk.

Gender Pay Gap Reporting
Employers over the relevant thresholds will be required to report on gender pay gaps. Where gaps exceed prescribed limits and cannot be objectively justified, corrective action will be required.

Increased Enforcement and Risk
The Directive strengthens enforcement mechanisms and increases exposure to claims, including access to compensation and remedies for employees where pay discrimination is identified.

What Employers Should Be Doing Now

Although Irish legislation is awaited, and full implementation will be phased, employers should use 2026 to prepare. Key steps include:

· Reviewing existing pay structures and role banding

· Assessing how pay decisions are currently made and documented

· Identifying potential pay gaps and understanding their causes

· Ensuring recruitment and promotion practices align with transparency requirements

· Training managers on objective and defensible pay decision making

Early preparation will reduce both compliance risk and disruption when obligations formally take effect.

Free Webinar: Preparing for the EU Pay Transparency Directive

To support employers with early preparation, MSS The HR People are hosting a free online webinar this month.

The session will provide a practical overview of the Directive, what it means for Irish employers and what steps should be taken now to prepare.

Date: Tuesday 22nd
Time: 12.00pm to 1.00pm
Format: Online webinar / MS Teams

You can register to attend here: Register

If y o u require support reviewing pay structures, preparing for pay transparency obligations or understanding how the Directive will impact your organisation, MSS The HR People can assist.

Increases to the National Minimum Wage Ireland 2026

Wed, 07 Jan 2026 15:25:28 GMT

Current National Minimum Wage Rates

With effect from 1 January 2026, the National Minimum Wage in Ireland has increased to €14.15 per hour. Employers must now ensure that all eligible employees are paid at least the applicable minimum hourly rate for hours worked.

This increase represents a further step in the ongoing progression of statutory pay rates and has important implications for payroll, budgeting and compliance.

The full National Minimum Wage rate applies to employees aged 20 years and over, subject to the limited exemptions outlined below.

The current statutory hourly rates are as follows:

· Employees aged 20 years or over: €14.15 per hour

· Employees aged 19: €12.735 per hour (90 %)

· Employees aged 18: €11.32 per hour (80 %)

· Employees under 18: €9.905 per hour (70 %)

Who the National Minimum Wage Does Not Apply To

The National Minimum Wage does not apply to the remuneration of the following categories of workers:

The spouse, parent, grandparent, step parent, child, step child, grandchild, brother, sister, half brother or half sister of the employer where they are employed by the employer. A craft apprentice within the meaning of the Industrial Training Act 1967 or the Labour Services Act 1987.

Employers should also be aware that alternative minimum pay rates may apply under Sectoral Employment Agreements or Employment Regulation Orders issued by the Workplace Relations Commission. Where these apply, they override the general National Minimum Wage.

Entitlement Based on Working Hours

The National Minimum Wage applies to all employees regardless of working pattern. This includes full time, part time, temporary, casual and seasonal employees. All hours worked must be paid at least at the applicable statutory rate.

Calculating Hourly Pay and Reckonable Pay

For the purposes of compliance, employers must calculate an employee’s average hourly rate of pay over the selected pay reference period.

Reckonable pay includes the following:

· Basic pay

· Shift premium

· Piece or incentive rates

· Commission

· Zero hour protection payments under the Organisation of Working Time Act 1997

· Productivity related bonuses

· Service charge paid through payroll

The value of board and or lodgings may also be included, subject to statutory limits. From 1 January 2026, the maximum allowable amounts are:

Board only: €1.27 per hour worked
Accommodation only: €33.42 per week or €4.77 per day

Non-Reckonable Pay

The following payments cannot be included when calculating whether the National Minimum Wage has been met:

Overtime, call out premiums, service pay, weekend or public holiday premiums, expenses incurred by the employee, unsociable hours premiums, tips or gratuities paid through payroll, allowances for special or additional duties, most benefits in kind other than board or lodgings, sick pay, pension contributions, redundancy payments, compensation for injury, employer loans or wage advances, and payments in lieu of notice.

Pay Reference Period

Employers may calculate average hourly pay over a pay reference period of one week or one fortnight. The pay reference period must not exceed one month.

Employers are required to inform employees in writing of the pay reference period being used, typically within the employee’s terms and conditions of employment.

Employees are entitled to request a written statement of their average hourly rate of pay for any pay reference period within the previous twelve months, other than the current period.

Employee Complaints

An employee may refer a complaint to the Workplace Relations Commission where there is an alleged failure to pay the National Minimum Wage or where victimisation is claimed.

An employee must first request a written statement of their average hourly rate of pay. A complaint must generally be made within six months of receiving that statement or from the date it should have been provided.

What Employers Should Do Now

Employers should ensure that all employees earning at or near the minimum wage have had their pay adjusted from 1 January 2026.

There is no automatic entitlement to an increase for employees already earning above the minimum wage. However, employers should be prepared for possible queries or requests arising from the increase.

While there is no statutory requirement to issue confirmation of the increase, many employers choose to notify affected employees in writing of their updated rate of pay and the effective date.

Impact of the Increase

As a result of this increase, an employee working a standard 39 hour week on the National Minimum Wage will now earn an additional €40.90 per week, or approximately €2,129.40 gross per year.

As the new National Minimum Wage is now in effect, employers should take the opportunity to review their pay practices, payroll systems and budgets to ensure full compliance.

If you require assistance reviewing pay structures, updating employment contracts or managing employee queries don’t hesitate to get in touch.

Contact us at info@mssthehrpeople.ie, Ph +353 1 887 0690, or visit www.mssthehrpeople.ie.

The Post Christmas Resignation Spike

Wed, 07 Jan 2026 15:25:26 GMT

January has long been recognised as a peak period for employee resignations. After the Christmas break, many employees return to work having reflected on their roles, workload, pay, flexibility and longer-term career plans. For some, this results in handing in notice early in the new year.

For employers, particularly SMEs, a sudden resignation can feel disruptive and stressful, especially where roles are specialised or teams are lean. While this seasonal pattern is not new, it does require a measured and structured response.

Why resignations peak after Christmas

The Christmas break often provides employees with time and mental space that is missing during the working year. This pause can bring clarity around job satisfaction, work life balance and future goals. For others, the return to routine highlights frustrations that were tolerated but not addressed.

January is also a common start date for new roles, meaning many employees who have been job searching quietly may already have secured alternative employment before resigning.

How employers should handle a resignation

When a resignation is received, the first priority is to acknowledge it professionally and confirm the notice period in writing. Even where the resignation is unexpected or disappointing, it is important to avoid emotional or reactive responses.

Employers should ensure they are clear on contractual notice requirements, final working dates, handover expectations, outstanding leave and pay arrangements. Where appropriate, employers may also wish to consider whether garden leave is suitable in the circumstances.

Using Garden Leave appropriately

Garden leave can be a useful tool where an employee has access to sensitive information, key clients or systems, or where their continued presence during notice could present a business risk. Where a contractual garden leave clause exists, employers may require the employee to remain away from the workplace during all or part of their notice period while continuing to pay them as normal.

Any decision to place an employee on garden leave should be proportionate, consistent and in line with the contract of employment. Employers should clearly confirm expectations during garden leave, including restrictions on work activities, contact with clients or colleagues, and the return of company property.

Considering Counter Offers

In some cases, employers may consider making a counteroffer to retain an employee. While this can be appropriate, it should be approached carefully.

Employers should ask why the employee is leaving and whether the issues raised are genuinely capable of being resolved. Counteroffers made under pressure can create internal inequities, set precedents and only delay an eventual departure if underlying issues remain unaddressed.

Where a counteroffer is made, it should be documented clearly and aligned with broader pay and reward structures.

The Role of Exit Interviews

Exit interviews are often overlooked but can provide valuable insight. Conducted properly, they can highlight recurring issues around workload, management practices, flexibility or development opportunities.

The key is to treat exit feedback as data rather than criticism. Patterns matter more than individual comments, and themes emerging over time may signal areas requiring attention to support retention.

Managing Operational Risk

From an operational perspective, employers should act quickly to protect continuity. This includes identifying critical tasks, reallocating work temporarily, securing handover notes and managing access to systems and confidential information.

Succession planning and cross training, even at a basic level, can significantly reduce disruption when resignations occur.

Looking Ahead

While resignations can feel personal, they are a normal part of workforce management. Employers who respond calmly, lawfully and strategically are better placed to protect their business and maintain morale among remaining staff.

January resignations also provide an opportunity to reflect on retention strategies, communication practices and whether employees feel supported and engaged throughout the year.

If you are dealing with employee resignations, considering counteroffers or garden leave, or want to review your notice and exit processes, MSS The HR People can support you.

Contact us at info@mssthehrpeople.ie, Ph +353 1 887 0690, or visit www.mssthehrpeople.ie.

WRC Awards €20,000 in Gender Discrimination Case

Wed, 07 Jan 2026 13:40:22 GMT

WRC Awards €20,000 in Gender Discrimination Case

A recent Workplace Relations Commission decision has reinforced the strength of maternity protections under Irish employment law, with an award of €20,000 compensation made to an employee who was found to have been discriminated against following the disclosure of her pregnancy.

The case serves as an important reminder to employers that pregnancy related protections are robust, and that any unfavourable treatment linked to pregnancy is likely to be viewed as discriminatory under the Employment Equality Acts.

Background to the Case

In this case, the employee notified her employer that she was pregnant. Following this disclosure, her working arrangements changed significantly. Evidence before the WRC showed that she was reassigned to more physically demanding duties than those she had previously carried out. Her working hours were also reduced, and on some occasions she was not rostered for work at all, while colleagues continued to receive shifts.

The employee argued that these changes occurred solely because of her pregnancy and that no legitimate business or safety rationale was provided to justify the altered arrangements.

WRC Findings

The WRC found that the treatment of the employee amounted to discrimination on the ground of gender, as pregnancy is explicitly protected under equality legislation. The adjudicator was particularly critical of the timing of the changes, which followed directly after the pregnancy disclosure, and the absence of any credible explanation from the employer.

The employer did not attend the WRC hearing and did not provide evidence to rebut the employee’s account. As a result, the WRC accepted the employee’s evidence in full and concluded that she had been subjected to unfavourable treatment because of her pregnancy.

Compensation of €20,000 was awarded for the effects of the discrimination.

Why This Decision Matters

This decision reinforces a number of well established but often overlooked principles:

Pregnant employees must not be disadvantaged because of their pregnancy. This includes changes to duties, hours, shifts, or treatment that place them in a worse position than before the disclosure.

Where health and safety considerations arise, employers are expected to carry out appropriate risk assessments and consider suitable adjustments. Simply changing duties or reducing hours without engagement or explanation exposes the employer to significant legal risk.

Failure to engage with a WRC process or to justify decisions can result in adverse findings and substantial compensation awards, even where the employer believes they acted reasonably.

Key Takeaways for Employers

Employers should ensure that managers are trained on how to handle pregnancy disclosures appropriately and lawfully. Any changes to duties or working arrangements must be objectively justified, proportionate, and clearly documented.

Policies and procedures should clearly reflect maternity protections, and employers should engage openly with employees to explore reasonable and safe solutions rather than making unilateral changes.

Conclusion

This WRC decision is a timely reminder that maternity protections are not optional or discretionary. Employers who fail to handle pregnancy disclosures carefully and lawfully risk costly awards and reputational damage.

Proactive HR advice, clear processes, and informed management decisions remain the strongest safeguards against claims of maternity discrimination.

If you would like support reviewing your maternity and equality practices, ensuring managers are equipped to handle pregnancy disclosures correctly don’t hesitate to get in touch:

info@mssthehrpeople.ie Ph: +353 1 887 0690 www.mssthehrpeople.ie

WRC Awards €86,717 Following Failures in Sexual Harassment Complaint Handling

Wed, 07 Jan 2026 13:25:46 GMT

WRC Awards €86,717 Following Failures in Sexual Harassment Complaint Handling

A recent Workplace Relations Commission decision has issued strong criticism of an employer’s handling of a sexual harassment complaint, with compensation of €86,717 awarded for discrimination arising from serious procedural failings. The case serves as a stark reminder that having policies in place is not enough. Employers must act promptly, decisively, and fairly when concerns of sexual harassment are raised in the workplace.

Background to the Case

In this case, a junior hospital pharmacist made a formal complaint of sexual harassment against a senior colleague after a series of inappropriate and escalating incidents. These included unwelcome remarks about her appearance, comments implying he could see her in her home from his house, and ultimately the showing of an explicit image in a workplace office. The behaviour had been ongoing for more than a year by the time the complaint was formally raised.

Despite the seriousness of the allegations, the employer failed to take decisive action. Evidence before the WRC showed that the complainant was not interviewed about her complaint for approximately eight months. During this period, the alleged harasser remained in his role, and no effective restrictions were put in place to prevent continued contact.

The complainant was repeatedly moved within the workplace and was forced to take stress related leave on multiple occasions. Contact between the parties continued despite safeguarding directions, compounding the impact on the employee.

WRC Findings

The WRC was highly critical of the employer’s handling of the complaint. The adjudicator found that the sexual harassment occurred as described and that the employer failed to take reasonably practicable steps to protect the complainant while the matter was under investigation.

More than a year after the complaint was made, no disciplinary action had been concluded against the alleged perpetrator. The WRC determined that the delays, lack of urgency, and absence of effective interim protective measures amounted to discrimination on the ground of gender under the Employment Equality Acts.

As a result, compensation of €86,717, equivalent to one year’s gross remuneration, was awarded to the complainant.

Why This Decision Is Important for Employers

This decision reinforces a critical principle in Irish employment law. Employers are not only responsible for having dignity at work and sexual harassment policies in place, they are responsible for how those policies are applied in practice.

Delays in responding to complaints, poor communication, and a failure to implement interim measures can all amount to breaches of statutory obligations. Even where allegations are disputed, employers must prioritise employee safety and fairness while matters are being examined.

The decision also highlights the significant financial and reputational risk that can arise where complaints of sexual harassment are not handled appropriately.

Key Lessons for Employers

Employers should ensure that dignity at work and sexual harassment procedures are supported by clear processes, trained managers, and prompt decision making. Complaints must be treated with urgency and investigated without unnecessary delay.

Where appropriate, interim protective measures should be considered, and all actions and decisions should be clearly documented. The existence of policies alone will not protect an employer if those policies are not implemented effectively.

Conclusion

This WRC decision is a clear warning that sexual harassment complaints cannot be allowed to drift or be managed informally. A failure to act decisively can, in itself, amount to discriminatory treatment and expose organisations to substantial compensation awards.

Strong procedures, informed management, and timely action remain essential in meeting dignity at work obligations and reducing WRC risk.

If you would like support reviewing your dignity at work and sexual harassment procedures, ensuring complaints are handled promptly and fairly our team are ready to assist.

info@mssthehrpeople.ie | Ph: +353 1 887 0690 | www.mssthehrpeople.ie

WRC Inspections Continue to Rise

Thu, 11 Dec 2025 15:15:50 GMT

SMEs Should Prepare Now for 2026

As we reach the end of 2025, the Workplace Relations Commission is continuing to increase its inspection activity. Over the past three years, inspections have become more frequent, more targeted, and increasingly unannounced, a trend that shows no sign of slowing as we move into 2026.

For employers, especially SMEs with limited internal HR capacity, this means one thing: the best time to prepare is now, before year-end pressures take over and before the next inspection cycle begins.

Inspection Activity Has Risen Year on Year

Publicly available data shows a clear upward trend:

• 2022: 3,943 inspections, approx. 60% unannounced
• 2023: 4,727 inspections, 3,662 unannounced (approx. 77 %)
• 2024: 5,156 inspections, with the WRC confirming a further increase in unannounced site visits, particularly in targeted and joint operations (eg. Revenue, Garda National Immigration Bureau, Social Welfare, etc.)

That is a 30% rise in total inspections in just two years, and early indications suggest the WRC will maintain this pace into 2026.

Why This Matters for SMEs

SMEs make up over 99% of businesses in Ireland, and many do not have a dedicated HR or compliance function. This makes them more vulnerable during an unannounced WRC inspection, where documentation must be produced immediately and the consequences of being unprepared are far more significant for SMEs who cannot absorb:

• Financial penalties
• Compliance orders
• Disruption to operations
• Reputational damage
• Staff time diverted to crisis management

With the increasing trend in enforcement activity and unannounced visits, SMEs should assume they could be selected for inspection in 2026 and ensure they have the systems, documentation and records ready.

Why Employers Need to Be Ready Going Into 2026

The WRC’s annual reports typically publish in Q2, meaning the full 2025 inspection breakdown will not be available until mid-2026. However, current patterns indicate:

• Increased unannounced inspections across all sectors
• More joint visits with Revenue, Social Protection and Gardaí
• Focus on working time, payroll accuracy, permits and record-keeping
• Less tolerance for incomplete or inconsistent documentation

Preparing now ensures your business, particularly if you are an SME without in-house support, is not left vulnerable.

Key Areas Under Scrutiny

During an inspection, employers must produce statutory documentation immediately, including:

• Contracts of employment
• Working time and break records
• Payroll and pay-reference-period data
• Annual leave and public holiday records and calculations
• Employment permit documentation
• HR policies, procedures and statutory records

MSS- WRC Inspection Preparation Audit (Particularly designed for SMEs)

Our Audit help employers get ahead before year-end, MSS The HR People offer a structured WRC Inspection Preparation Audit, specifically designed to support SMEs who may not have a full HR team.

Our six-step process includes:

Compliance Audit: Review of contracts, policies and statutory documentation
Record-Keeping & Documentation Review: Templates and statutory checklists
Corrective Action Plan: Clear and practical steps to close any gaps
Mock WRC Inspection: A simulated visit with a full written report
On-Call Support on the Day: Expert HR assistance during a live inspection
Post-Inspection Follow-Up: Support responding to any findings or compliance orders

This proactive audit protects SMEs from risk, disruption and penalties and provides peace of mind heading into 2026.

Prepare Now, Avoid Pressure Later

We are observing instances where a WRC inspection coincides with an employer having a live or upcoming WRC complaint listed for hearing. While this does not indicate any direct link between the two processes, it highlights an important practical point for employers: if you have a pending WRC case, it is prudent to ensure that all employment records, contracts, policies and statutory documentation are fully up to date and compliant. A scheduled hearing can often prompt an employer to review their practices, but by that stage it may be too late to correct underlying non-compliance identified during an inspection. Taking proactive steps early can significantly reduce risk and demonstrate good faith if those records become relevant in any subsequent proceedings.

December and January is an ideal time for employers, particularly SMEs, to review compliance, update records and identify any gaps as the new year begins. Preparing now ensures you are fully inspection-ready for 2026.

If you would like support preparing for a WRC inspection or wish to arrange a pre-inspection audit, our HR Partners are ready to assist.

info@mssthehrpeople.ie , Ph: +353 1 887 0690, www.mssthehrpeople.ie

Two Major Employer Compliance Portals go Live

Thu, 11 Dec 2025 15:09:28 GMT

What Employers Need to Do Before Year End

December has brought two major compliance developments that all employers need to be aware of. Both the 2025 Gender Pay Gap Reporting Portal and the MyFutureFund Auto Enrolment Employer Portal are now officially open. These systems introduce important reporting and registration requirements that employers should address without delay.

Gender Pay Gap Reporting Portal Now Open

The new Gender Pay Gap online reporting portal has gone live; however, access is currently limited to a selected group of larger employers as part of a phased rollout. All employers with 50 or more employees will still be required to report in 2025, but full portal access for the wider cohort has not yet been enabled. Once opened to all eligible employers, the portal will be used to upload gender pay gap calculations and the required narrative statement, including the measures being taken to reduce any identified gaps. In the meantime, employers without access to the portal, should publish their report on their own company website.

MSS The HR People supports employers with:

• Data auditing and corrections
• Pay gap calculations
• Narrative drafting
• Full submission preparation including portal upload

The reporting deadline for 2025 Gender Pay Gap submissions was 30 ^th November. If, for any reason, your company has not yet completed or submitted its report, do not panic.

Our team can support you to finalise your calculations, prepare your narrative and ensure your reporting obligations are met as quickly as possible.

New Auto Enrolment Employer Portal Now Live

The Government has now opened the MyFutureFund Employer Portal, the first operational step in the national Auto Enrolment Retirement Savings System: https://employer.myfuturefund.ie/

Employers are required to register through this portal and begin preparing for the enrolment of eligible employees once the Auto Enrolment system goes live on 1 ^st January 2026. This includes confirming organisational details, checking payroll readiness and ensuring employee data is complete.

Auto Enrolment will introduce mandatory employer contributions for eligible employees, so understanding costs and processes early is essential.

What Employers Should Do Now

To stay ahead of these new requirements, employers should prioritise:

• Finalising GPG calculations and narrative preparation
• Verifying payroll and HR data for accuracy
• Registering with the MyFutureFund Employer Portal
• Assessing the financial impact of Auto Enrolment
• Updating internal policies and communication plans for employees

How MSS The HR People Can Help

We offer full end-to-end support for both obligations including:

• Gender Pay Gap reporting
• Auto Enrolment readiness and implementation
• HR compliance audits
• Policy updates and employee communications

• Auto Enrolment readiness assessments
• Payroll compatibility checks
• Cost modelling and budgeting support
• Guidance on employer registration and compliance

With both portals now open, early preparation will help avoid unnecessary pressure and ensure organisations enter 2026 fully compliant and confident.

If you would like support with Gender Pay Gap reporting or Auto Enrolment preparation, our HR Partners are ready to assist.

info@mssthehrpeople.ie , Ph: +353 1 887 0690, www.mssthehrpeople.ie

Plasterer Wins €16,940 at WRC After Underpayment

Thu, 11 Dec 2025 15:06:24 GMT

A Warning for Employers and the Importance of Compliance

A recent Workplace Relations Commission decision has highlighted the significant risks employers face when pay, records and statutory entitlements are not fully compliant. In this case, a plasterer was awarded €16,940 in compensation after it was found that he had been underpaid and denied employment entitlements required under the construction sector rules.

The case began when the employee noticed a discrepancy between what he was being paid and what was recorded on his Revenue account. He engaged an accountant who identified that his hourly rate was below the minimum craft rate required under the Sectoral Employment Order for the construction industry. Evidence presented showed that he had been paid approximately €19.85 per hour when the minimum rate for the period should have been €22.24. The underpayment covered several months of employment.

The WRC also found that the employer failed to provide mandatory benefits including a pension scheme, sick pay and death in service benefits, all of which are compulsory under the construction Sectoral Employment Order. In addition, the company did not provide a complete written statement of terms of employment, which is a legal requirement under the Terms of Employment Information Acts.

Taking all of these breaches into account, the WRC ordered the employer to pay the worker €16,940 in compensation. This included both the shortfall in wages and compensation for the failure to provide the various statutory entitlements and employment documentation.

This case carries an important message. The construction sector is heavily regulated, but similar risks apply across all industries. Employees are more aware of their rights, and discrepancies are easier than ever to spot through payroll records, Revenue accounts and online systems. Once a concern is raised, it can very quickly escalate into a formal complaint, inspection or investigation.

For employers, and especially for small and medium sized enterprises, the consequences of getting pay or documentation wrong can be serious. Underpayments are costly to rectify. Failure to provide correct documentation or statutory benefits can result in further awards. There is also the reputational risk that arises when a case becomes public.

Now is an ideal time for employers to review their practices, particularly in areas such as pay rates, payslips, working time records, sectoral employment obligations and written terms of employment. Ensuring compliance in advance is far more cost effective than responding to a complaint or WRC investigation.

The recent plasterer case is a reminder of how easily issues can escalate and how costly they can become. A proactive compliance approach protects your business, reduces financial and legal exposure and ensures that employees receive what they are legally entitled to.

If you would like support reviewing your employment practices or preparing for a potential inspection, our team is available to help. Through our WRC Inspection Preparation Audit we carry out a full review of pay, contracts, sectoral obligations and statutory documentation. We identify any gaps, support corrective action and ensure that employers are prepared should a complaint or inspection arise. This is particularly valuable for SMEs that do not have dedicated internal HR resources.

info@mssthehrpeople.ie , Ph: +353 1 887 0690, www.mssthehrpeople.ie

Increases to the Minimum Wage Ireland Rate 2025

Thu, 11 Dec 2025 15:04:10 GMT

With effect from on 1 ^st January 2026, the national minimum hourly rate will become €14.15.

The full rate applies to any employee who is at least 20 years of age except as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

Aged 20 or more - €14.15 (100%)

Aged 19 - €12.735 (90%)

Aged 18 - €11.32 (80%)

Aged under 18 - €9.905 (70%)

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or
A craft apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Alternative minimum rates may be set down under Sectoral Employment Agreements (SEAs) or created by Employment Regulation Orders - Workplace Relations Commission .

Working Hours

Full time, part time, temporary, casual or seasonable employees are all entitled to the National Minimum Wage for hours worked.

Calculation of Hourly Pay (Reckonable Pay)

Reckonable pay means payments that are allowable in calculating an average hourly rate of pay under the National Minimum Wage Act. The following payments may be taken into account when determining average hourly rate of pay.

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero-hour protection)
Productivity-related bonuses
Service charge paid through payroll
Board of Lodgings- If you receive board or lodgings, that is food or accommodation from your employer, the maximum amounts that can be included from 1 January 2026 are for: -

- board only €1.27 per hour worked

- accommodation only €33.42 per week or €4.77 per day

Non- Reckonable Pay

The following payments cannot be included to make up the national minimum wage rate:

Overtime, call-out premiums, service pay, weekend and public holiday premiums, expenses incurred by the employee in carrying out their employment, unsociable hours premiums, tips or gratuities paid through the payroll, and allowances for special or additional duties may not be included, benefit in kind payments (except board of lodging), payments while absent from work i.e. sick pay, pension contributions, redundancy payments, compensation for injury, employer loan, an advance on wage/ salary, any sum payable to an employee in lieu of notice of termination of employment.

Pay Reference Period

The period over which you may calculate the average earnings (Pay Reference Period) may be a week, or a fortnight but must not be longer than one month.

Employers are obliged to advise employees of the pay reference period they are selecting for calculations of minimum pay. Employees must be notified in writing as part of their Terms and Conditions of Employment.

An employee may request from his or her employer a written statement of the employee's average hourly rate of pay for any pay reference period (other than the employee's current pay reference period) falling within the 12-month period immediately preceding the request.

Employee Complaints

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage or victimisation of an Employee.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their employer.

Steps for Employers

Employers should now implement the required changes to the rate of pay for those who are currently earning less than the new National Minimum Wage. There is no automatic right of an increase to those who are already earning in excess of the minimum wage. However, it is likely that some employers may face requests for the same.

Whilst ordinarily there is no need for an Employer to notify an Employee that the National Minimum has been increased, some employers choose to issue a letter confirming their new rate of pay and the date on which it will be reflected in their pay. A template for this letter can be found on our HR Hub.

Minimum Wage in Review

With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €40.90 per week, or an extra €2,129.40 gross per year. It remains to be seen how employers will cope with these increases.

As the new National Minimum Wage rate takes effect from 1 ^st January 2026, employers should take the time to review their current pay structures, budgets, and payroll systems to ensure full compliance.

Staying proactive and informed will help employers manage these adjustments smoothly and maintain positive employee relations in an evolving pay landscape.

If you require any assistance in reviewing pay structures, updating employment contracts, or ensuring full compliance with the new National Minimum Wage obligations, our team is here to help.

You can contact MSS The HR People on 01 8870690 or email info@mssthehrpeople.ie and we will be happy to support you.

Eir’s Mandatory Retirement Age Found to Be Lawful

Thu, 13 Nov 2025 15:39:29 GMT

The Workplace Relations Commission (WRC) has upheld Eir’s decision to retire a long serving technician at age 65, finding that the company’s mandatory retirement policy was objectively justified and consistently applied.

Background

The employee, who had spent over four decades with Eir and its predecessor organisations, wished to continue working beyond 65 due to ongoing financial commitments. When his request to remain in employment was declined, he claimed age discrimination under the Employment Equality Acts.

Eir accepted that a prima facie case had been established but maintained that its retirement policy, agreed with the Communications Workers Union, was based on legitimate business reasons.

Eir’s Rationale

Eir explained that its retirement age of 65 reflects long standing custom and practice across the business. The company pointed to several considerations supporting the policy, including intergenerational fairness, succession planning, health and safety, and maintaining an age-balanced workforce.

The WRC heard evidence that technicians typically retire between 60 and 65 and that a defined benefit pension becomes available after 40 years of service. The employer also noted the importance of planning for a steady transition of skilled staff given the large number of employees approaching retirement.

WRC Decision

Adjudication Officer accepted that Eir’s approach was coherent, consistent, and proportionate. While one case of extended employment was identified, the WRC found it was not comparable as the role involved different duties and no fieldwork.

The Adjudicator was satisfied that Eir’s mandatory retirement age of 65 served legitimate aims and was applied fairly across the workforce. The complaint of age discrimination was therefore not upheld.

What Employers Can Learn

This decision highlights that employers can maintain a mandatory retirement age provided:

It is supported by legitimate business objectives
The rationale is clearly documented and communicated
The policy is applied consistently.

Employers should review their retirement policies regularly to ensure they remain aligned with current legislation, business needs, and collective agreements.

If your organisation needs support reviewing retirement or age related policies, our HR experts at MSS The HR People can help you ensure compliance and best practice.

Chinese Chef Awarded €154,828 for Gross Breaches of his Employment Rights

Thu, 13 Nov 2025 15:29:20 GMT

A recent Workplace Relations Commission (WRC) decision has brought into sharp focus the vulnerability of migrant workers and the serious consequences for employers who fail to comply with employment law.

The case involved a Chinese chef who came to Ireland in July 2022 under an employment permit to work in a takeaway business in Co. Cavan. He worked extraordinarily long hours, often 63 to 73 hours a week, six or seven days at a time and was paid far below his contractual rate. On top of this, he had paid a substantial recruitment fee of over €30,000 to secure his position, and his employer retained control of his passport and accommodation, leaving him dependent and vulnerable.

The WRC found multiple breaches of employment law, including underpayment, failure to provide holiday and public‑holiday pay, excessive working hours, and racial discrimination. In recognition of these gross breaches, the Claimant was awarded €154,828 , covering unpaid wages, discrimination, and statutory entitlements.

This case is a stark reminder that migrant workers can be at particular risk of exploitation, especially when their immigration status ties them closely to a single employer. The Claimant’s situation highlights how factors such as language barriers, unfamiliarity with Irish employment law, and financial dependency can compound vulnerability.

For employers, this decision offers clear lessons. It is essential to ensure that workers are paid correctly, receive all statutory entitlements, and are not put in a position of dependency or exploitation. Practices such as withholding passports, requiring repayment of recruitment fees, or relying on employees’ lack of knowledge of their rights can result in serious legal and financial consequences.

From an HR perspective, this case underlines the importance of proactive compliance and careful management of migrant workers, ensuring that terms of employment are clear, transparent, and fully lawful. Beyond legal obligations, it is also a reminder of the human impact: behind every breach of employment law is a person whose rights, dignity, and wellbeing have been compromised.

At MSS The HR People, we often advise clients in sectors employing migrant labour, such as hospitality, catering and care, on how to structure fair and lawful employment practices. This case reinforces the importance of balancing compliance with compassion, protecting workers while protecting the business.

Serious breaches of employment rights carry both financial and reputational risk. Treat every employee fairly, respect statutory entitlements, and never underestimate the impact of power imbalances, particularly for vulnerable workers.

If MSS The HR People can assist you in any way please do not hesitate to get in touch.

info@mssthehrpeople.ie Ph: 018870690

New Employment Regulation Order (ERO) for Early Years and Childcare

Thu, 13 Nov 2025 14:50:03 GMT

This is a subtitle for your new post

The 2025 Employment Regulation Order (ERO) for the Early Learning & Childcare (ELC) sector came into effect on 13 October 2025, bringing updated minimum pay rates and clarifying staff entitlements. At MSS The HR People, we help ELC providers understand and implement these changes effectively, balancing regulatory compliance with practical workforce management.

Key Changes in the 2025 ERO

Minimum pay rates
The ERO updates minimum hourly rates across various roles in the sector. The new rates are:

Early Years Educators & SAC Practitioners: €15.00 per hour
Lead Educators (Room Leaders) & SAC Coordinators: €16.00 per hour
Graduate Lead Educators & Graduate SAC Coordinators: €17.50 per hour
Deputy/Assistant Manager: €18.00 per hour
Centre Manager: €19.00 per hour
Graduate Centre Manager: €20.25 per hour

These increases affect around 35,000 staff, with an additional €45 million in Core Funding to help centres meet the new rates.

Qualification related pay adjustments
Staff with formal ELC qualifications (e.g., Level 5 or above) may be entitled to higher rates. Employers must carefully audit current staff qualifications to ensure pay compliance.
Working hours and patterns
The ERO provides clarity on typical working hours for full-time and part-time staff, as well as how variable hours workers should be compensated. This is especially important for rostering in smaller centres with fluctuating enrolment.
Public holiday entitlements
Variable hours staff must be paid in accordance with the Organisation of Working Time Act 1997 and relevant regulations.

Implications for SMEs

Budget and payroll planning
Updated rates may increase staffing costs. Centres should review current budgets, consider potential increases, and ensure payroll systems accurately reflect the ERO changes.

Compliance audits
Employers should conduct regular internal audits to check that staff pay aligns with qualifications, tenure, and hours worked.

Staff retention and recruitment
With the sector under pressure, offering competitive rates and clear public holiday/leave entitlements is critical for attracting and retaining skilled staff.

How MSS The HR People Can Help

Pay audits and benchmarking

We review your payroll against the ERO to ensure full compliance.

Workforce planning

Tailored guidance on rostering, variable hours, and public holiday pay.

Policy updates

Drafting or updating employment contracts, handbooks, and HR policies in line with the ERO.

Training and support

Helping managers and HR teams understand practical implications and communicate changes to staff effectively.

Conclusion

The 2025 ERO reinforces the importance of fair pay, transparent policies, and compliance in the ELC sector. For SMEs already balancing tight budgets and staffing challenges, understanding these changes is crucial to avoiding compliance risks and maintaining a motivated workforce.

At MSS The HR People, we provide hands-on support to ensure your centre is ready for the ERO while maintaining operational efficiency and employee satisfaction.

Contact MSS The HR People

info@mssthehrpeople.ie

Phone: 01 8870690

2025 Employment Regulation Order (ERO) for the Contract Cleaning Sector

Thu, 13 Nov 2025 14:38:20 GMT

The Workplace Relations Commission (WRC) has confirmed a new Employment Regulation Order (ERO) for the Contract Cleaning sector, which came into effect on 17 October 2025.

This new Order sets out the minimum rates of pay and employment conditions for all workers employed in the contract cleaning industry across Ireland, including those working in offices, healthcare facilities, educational institutions, retail, and other commercial settings.

Key Pay Rate Changes

The ERO introduces revised minimum hourly rates of pay for cleaning operatives, with two stages of increases:

From 17 October 2025:

Under 18 years: €9.87 per hour
18 years: €11.28 per hour
19 years: €12.69 per hour
20 years and over: €14.10 per hour

From 1 January 2026:

Under 18 years: €10.36 per hour
18 years: €11.84 per hour
19 years: €13.32 per hour
20 years and over: €14.80 per hour

Other Conditions of Employment

In addition to pay rates, the ERO also outlines provisions in areas such as:

Normal working hours / Up to 40 hours per week, Monday to Sunday.
Overtime / Payment for hours worked beyond normal working hours.
Unsocial hours premium / Enhanced rates for qualifying hours.
Uniform / Rules around provision, use and maintenance.
Payslips and records / Employers must maintain accurate records and provide written details of pay and conditions.

The ERO ensures that all employees in the sector receive fair and consistent terms of employment, while also creating a level playing field for compliant employers.

Importantly, any existing agreement that provides terms equal to or better than the ERO will remain valid and unaffected.

What Employers Need to Do

Employers in the contract cleaning sector should now:

Review pay rates to ensure compliance with the new minimums.
Update contracts and payroll systems as needed.
Communicate changes clearly to employees.
Keep records of compliance in case of WRC inspection.

Need Help Interpreting the New ERO?

If you need help interpreting any part of the new ERO or understanding how it applies to your workforce, our team at MSS The HR People can assist with pay reviews, contract updates and compliance checks.

Email: info@mssthehrpeople.ie PH: 018870690

Read the full ERO on the WRC website: Contract Cleaning – WRC

The 2026 Minimum Wage Increase — What It Means for Small Businesses and How to Get Ready

Wed, 22 Oct 2025 16:15:22 GMT

In Budget 2026, the government confirmed that, from 1 January 2026 , the national minimum wage will increase by €0.65 per hour , bringing the rate to €14.15 .

What The Increase Means For You

The increase to €14.15 per hour will have a noticeable effect on small and medium sized businesses. Labour costs will rise, particularly for businesses with many entry level or hourly staff, which may put pressure on tight margins and cashflow.

Roles just above minimum wage may also require adjustments to maintain fair pay differentials, while contracts, payroll systems, and HR policies will need updating to remain compliant.

However, this change also presents an opportunity to review workforce planning, improve productivity, and ensure pay structures are clear and equitable.

Key Actions for Employers

1. Assess the Financial Impact

Model how the increase affects total payroll, including any knock-on adjustments for roles above minimum wage.

2. Review Pricing, Margins & Cost Base

Assess whether your product or service pricing needs revision. Check your cost structure for opportunities to reduce waste, renegotiate supplies, or trim overhead.

3. Review Pay Structures

Adjust salary bands to maintain fair and prevent compression between roles.

4. Update Contracts & Payroll Systems

Ensure employment contracts, payroll software, and overtime calculations reflect the new rate.

5. Communicate Clearly with Employees

Explain changes to pay, timelines, and the reasoning behind adjustments.

6. Plan for Efficiency and Productivity

To offset cost increases, consider process improvements, scheduling shifts, technology or automation that can offset higher labour costs.

7. Look for Supports & Incentives

While the minimum wage hike is a cost burden, there may be state supports, grants or tax incentives (e.g. through digital upgrade, energy efficiency) that can partially offset pressure.

8. Monitor and Adjust

Track costs, employee morale, and productivity after the increase, and refine strategies as needed.

Taking proactive steps now by assessing costs, updating systems, communicating with employees, and exploring available supports, employers can navigate the change effectively and ensure their business remains competitive and compliant in the year ahead.

As always, MSS The HR People are on hand to answer any queries you may have.

Phone: 01 887 0690 Email: info@mssthehrpeople.ie

WRC Award €22k for Dismissal Regarding Sexually Explicit Texts

Tue, 14 Oct 2025 10:25:39 GMT

Even When the Conduct Seems Indefensible - Fair Procedure Is Your Best Defence

A recent Workplace Relations Commission (WRC) ruling has once again reinforced one of the most important principles in employment law: no matter how serious the employee’s behaviour may appear, fair and proper procedures must always be followed.

In this case, a financial services operations manager was dismissed after sending sexually explicit messages from two female colleagues’ phones, behaviour any reasonable employer would regard as completely unacceptable.

However, despite the seriousness of the misconduct, the WRC found the dismissal to be procedurally unfair “from beginning to end” and awarded the former employee €22,500 in compensation.

What Happened

The manager admitted to taking two colleagues’ phones on separate occasions and sending sexually explicit or inappropriate messages as a “joke”. Both incidents caused considerable upset to the women involved and were found to constitute sexual harassment under the company’s own policy.

Yet, while the WRC agreed that the behaviour was grossly irresponsible and offensive, it found the employer’s handling of the matter to be fundamentally flawed.

Key issues included:

The independent investigator went beyond their remit by making findings on the severity of the offence.
The disciplinary panel relied too heavily on the investigator’s conclusions without properly considering the manager’s defence.
The earlier 2022 incident - which had previously been closed - was unfairly used to strengthen the case for dismissal.
The manager was not permitted to appeal the investigation report before being dismissed.

The Outcome

The WRC ruled that the dismissal, while understandable, was not carried out in line with fair procedures. The adjudicator noted that a “reasonable, prudent and wise employer” might have reached a different conclusion had the process been fair and balanced.

Although the employee’s conduct contributed to his own dismissal, and the award was reduced to reflect that, the company was still ordered to pay €22,500 in compensation.

The Key Lesson for Employers

Even when the evidence seems overwhelming, and the misconduct appears “obviously wrong”, employers must never shortcut the disciplinary and investigation process.

The WRC has consistently taken the view that:

“The fairness of the process is as important as the reason for dismissal.”

This case serves as a strong reminder that:

Procedural fairness protects the employer, not just the employee.
Every disciplinary process should be well-documented, impartial, and proportionate.
The roles of investigator, decision-maker, and appeal officer should remain clearly distinct.
Even where an employee admits wrongdoing, a fair hearing must still take place.

In Summary

No employer should tolerate serious misconduct, but rushing to dismissal without a fair, transparent process can turn a justified decision into an expensive WRC claim.

At MSS The HR People, we support employers through complex disciplinary and grievance investigations, ensuring that each stage of the process is carried out fairly, proportionately, and in line with best practice, protecting your business and your team.

If you require assistance or advice with conducting an investigation or disciplinary process we strongly recommend that you contact us at each step along the way, so that we can keep you on track and help to protect your business.

Phone: 018870690 Email: info@mssthehrpeople.ie

Thousands of ChatGPT Conversations Available Online

Tue, 14 Oct 2025 10:13:33 GMT

What Employers Need to Know

In this blog, we explore how a short-lived ChatGPT feature left over 100,000 conversations searchable online and why that should matter to employers handling AI-generated content.

What Happened?

Open AI briefly introduced a feature that let users share ChatGPT conversations via a special link. There was a checkbox option to make these chats discoverable by search engines like Google. Many users, unaware of the implications, left that box ticked. As a result, over 100,000 conversations, including some deeply personal or sensitive discussions, were accidentally made searchable on the public internet.

When the scale of the exposure became clear, OpenAI quickly disabled the feature and began working with search engines to remove the indexed content. However, once something is online, especially in cached form, it's incredibly difficult to completely erase. This incident underscores how easily private or business-related AI content can slip into the public domain.

Why Employers Should Care

This situation shines a light on three critical considerations for businesses:

1. Privacy Isn’t Guaranteed Just Because It’s Digital
AI chats might feel private in the moment, but shared links, even unintentionally, can become public records. If confidential discussions around strategy, client information, or internal operations are shared with ChatGPT, there's a risk they could end up in search results.

2. Transparency Hinges on Process, Not Intention
Employers must distinguish between intent and outcome. Well-meaning use of AI doesn’t absolve an organisation of responsibility. Everyone using AI tools should understand the implications of sharing content, especially publicly accessible content.

3. Proactive Policies Are Your Best Defence
Right now, recovering indexed content is time-consuming and sometimes impossible. Clear internal policies and training around AI tool usage, especially protocols around sharing, are essential to protect sensitive information from being inadvertently exposed.

How MSS — The HR People Can Help

MSS is here to guide Irish organisations through the complexities of using AI tools responsibly:

Developing AI Usage Policies - Defining when, how, and in what form AI-generated content can be shared internally or externally.
Training Teams on Privacy Best Practices - Ensuring staff understand the privacy implications of sharing content via AI tools.
Incident Awareness and Best Practice - Helping organisations understand the risks if confidential content is accidentally shared, and putting clear internal procedures in place to prevent accidental exposure in the first place.
Drafting Communication Protocols - Offering messaging templates and guidance for safe, compliant AI use across HR, marketing, and operations.

Let’s make AI work safely for your organisation. MSS The HR People can provide guidance and best practice advice to help you understand the risks and put simple, effective controls in place to protect your business and its data.

MSS The HR People info@mssthehrpeople.ie Phone: 01 8870690

Budget 2026: What It Means for Employers and SMEs

Tue, 14 Oct 2025 09:58:23 GMT

Budget 2026 aims to balance support for households with maintaining a stable economy, but for employers especially small and medium-sized businesses this brings a mix of new costs and limited reliefs.

While there are some positive measures like enhanced tax incentives and sectoral supports, many SMEs will feel extra pressure from wage and pension changes taking effect in 2026.

Key Highlights for Employers

1. Increase in the National Minimum Wage

From 1 January 2026, the national minimum wage will rise by €0.65 to €14.15 per hour.

This increase will affect payroll costs, particularly for businesses with large numbers of entry level staff.

2. Auto-Enrolment Pension Scheme

There was also mention of the new auto-enrolment retirement savings scheme, “My Future Fund”, which will begin on 1 ^st January 20262026.

Employers will be required to make pension contributions for eligible employees, adding another cost layer to total remuneration.

3. No Major PRSI Rate Changes

There were no new increases to employer PRSI in this budget, but with rising wages and pension contributions, overall employment costs will still climb.

4. Supports for Innovation and Growth

Positive measures include:

· An increase in the R&D (Research and Development) tax credit to 35%, allowing companies to claim back costs.

· Extension of the KEEP scheme (Key Employee Engagement Programme) which helps small and medium-sized businesses to attract and retain key employees by allowing them to receive share options in a tax-efficient way, until 2028.

· Continued funding for Local Enterprise Offices (LEOs) and digital and green transition supports for SMEs which provide grants, training, and mentoring to help small businesses grow, adopting digital tools (like e-commerce and automation) and making their operations more sustainable.

The aim of these measures is to help small businesses invest, innovate, and retain key staff.

5. Sector-Specific VAT Relief

From 1 July 2026, the VAT rate on food, catering, and hairdressing services will be cut from 13.5% to 9%.

6. SARP & Foreign Earnings Deduction

The Special Assignee Relief Programme (SARP) has been extended to 31 December 2030; the minimum salary threshold is increased from €100,000 to €125,000.

The Foreign Earnings Deduction (FED) is also extended, and the cap for qualifying income is raised from €35,000 to €50,000.

Recommendations for Employers

Run a cost impact model: Calculate how the wage increase, pension costs (auto-enrolment), and social insurance will affect different organisational structures (e.g. full-time, part-time, variable hours).

Review pay scales and job grades: Ensure upward compression is managed, especially where new minimums push some roles close to supervisory pay.

Upgrade payroll / HR systems: Confirm your providers or in-house systems can handle auto-enrolment, contributions, deductions, etc.

Communicate proactively with employees: Be transparent about any changes, explaining the rationale, and manage expectations.

Explore incentive regimes: If your business undertakes R&D or issues share based compensation, examine how to leverage the enhanced R&D credit, KEEP, etc.

Audit capital & energy investment plans: Prioritise equipment or upgrades eligible under the accelerated allowances.

Engage with state supports: Make full use of LEOs, digital / climate transition grants, and enterprise advisory services.

Monitor cashflow closely: The additional costs may require adjustment to margins, pricing, or financing strategies.

Overall, Budget 2026 represents a period of adjustment for employers. While the government has introduced positive measures to drive innovation and sustainability, the combined impact of rising wages and new pension obligations will test the resilience of many SMEs.

Careful planning, clear communication, and smart use of available supports will be key for employers aiming to maintain stability while preparing for the future.

As always, the MSS HR team is here to guide you through these changes and help ensure your business is prepared for what lies ahead.

Phone: 01 8870690 Email: info@mssthehrpeople.ie

Auto-Enrolment Update: November 2025 Payroll Deadline

Wed, 01 Oct 2025 10:44:26 GMT

Auto-Enrolment Update: November 2025 Payroll Deadline

The launch of Ireland’s new Auto-Enrolment pension scheme, My Future Fund, is edging closer and the timeline has just shifted again. Employers now need to act sooner than expected.

We have received confirmation from our pension advisors that the latest payroll by which employees must be enrolled in a company pension scheme is November 2025.

If you already have a pension scheme in place, this means you must ensure all eligible employees are included in that scheme before your November payroll is processed. Otherwise, they may be enrolled into My Future Fund automatically.

What is Auto-Enrolment?

Auto-Enrolment is a new system designed to ensure employees who are not already saving for retirement are automatically enrolled into a pension scheme. It will apply to employees who:

Are aged between 23 and 60,
Earn over €20,000 per year, and
Are not currently members of a pension scheme.

The scheme is being run by NAERSA (National Automatic Enrolment Retirement Savings Authority) and aims to significantly increase pension coverage across Ireland.

Why has the deadline changed?

Initially, employers expected to have until the very end of 2025 to get ready. However, NAERSA has confirmed that they will need to extract employee data from Revenue in mid-December 2025 in order to:

Identify employees who are not in an existing pension scheme, and
Issue notifications to employers ahead of the January 2026 payrolls.

This means the November 2025 payroll is the last opportunity for employers to get employees enrolled in their own company pension scheme before Revenue data is collected.

What happens if employees are not enrolled by November payroll?

Any eligible employees not already in a company pension scheme will be automatically included in My Future Fund. While this ensures pension coverage, it may not be the most suitable option for either the employer or the employee.

Employers who already have pension schemes in place should act now by engaging with eligible staff and securing their agreement to enrol them before the November deadline. What employers should do now

To prepare for this accelerated deadline, employers should:

1. Review your current pension scheme

Check which employees are enrolled and whether any eligible staff are still outside the scheme.

2. Act before November payroll

Ensure that all contributions are being captured in the November 2025 cycle.

3. Communicate with employees

Let staff know about Auto-Enrolment and the importance of being included in a pension scheme.

4. Seek expert advice

If you don’t currently offer a pension scheme, or if you are unsure about your compliance, seek professional guidance.

How MSS The HR People can help

At MSS The HR People, we are supporting employers across Ireland as they prepare for Auto-Enrolment. We can help you to:

Review your existing pension arrangements,
Identify gaps in employee enrolment,
Work with your pension provider to ensure compliance, and
Put in place the right communications and supports for your workforce.

Next steps

The message is clear: November 2025 payroll is the new deadline . Employers cannot afford to wait until January 2026.

Contact MSS The HR People today to discuss your preparations and ensure your business, and your employees, are ready.

Phone: 018870690

Email: info@mssthehrpeople.ie

Recent Wage Increases in Ireland’s Construction and Security Sectors

Wed, 03 Sep 2025 11:55:53 GMT

What Employers Need to Know

In this blog, we explore the latest wage increases in Ireland’s construction and security sectors and what it means for employers and HR professionals.

What Has Changed?

Thousands of workers in Ireland’s construction and security industries have received pay increases following changes in employment regulations.

Construction sector: From 1 ^st August 2025, approximately 46,600 workers benefit from a 3.4% wage increase, alongside improvements to pension contributions and sick pay entitlements.
Security sector: From 22 ^nd July 2o25, approximately 16,000 workers saw their hourly wage increase from €14.50 to €15.41 under the new Employment Regulation Order (ERO).

These adjustments reflect ongoing efforts to maintain fair pay standards and address sector-specific challenges.

Why This Matters for Employers

Payroll and Budgeting Implications - Employers in these sectors need to update payroll systems and budgets to reflect the new wage rates. Failure to do so could result in compliance issues and employee dissatisfaction.
HR Policy Updates - Employment contracts and staff handbooks should be reviewed to reflect updated rates and benefits, including pensions and sick pay.
Employee Communication - Clear communication with employees about the changes helps maintain trust and ensures everyone understands their entitlements.
Planning for Future Adjustments -Regularly reviewing sector agreements and EROs helps employers anticipate future pay changes and avoid surprises.

How MSS The HR People Can Help

MSS provides HR guidance to ensure your business stays compliant with sector-specific pay regulations:

Updating HR policies and contracts to reflect new wage rates and benefits
Payroll advisory support to implement changes correctly and on time
Employee communication strategies to clearly explain changes and entitlements
Ongoing monitoring of sector regulations so your business remains compliant

If you’re in the construction or security sectors, now is a good time to review your HR and payroll practices to ensure smooth compliance with the latest wage increases. Reach out to MSS The HR People for guidance and practical advice.

If we can help in any way don’t hesitate to get in touch.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

“Enjoy Every Moment at Home” - WRC Awards €85,000 in Discrimination Case After Interview Comment

Wed, 03 Sep 2025 11:53:55 GMT

In this blog, we explore a recent WRC ruling where a school was ordered to pay €85,000 in compensation after a teacher was discriminated against during an interview. The case highlights how even seemingly harmless remarks can have serious legal consequences for employers.

What Actually Happened?

Employee, Emily Williams, who had been working at the school under fixed-term contract and had two years’ experience there, was on maternity leave when a permanent teaching post arose. She was neither notified nor considered, even though she was eligible. Instead, the school awarded the role to a less-experienced colleague not on leave.

During a subsequent interview for a fixed-term position, the principal congratulated Williams on the birth of her baby and added:

“You really should enjoy every moment at home with the baby.”

Williams felt the comment was unprofessional and likely influenced the outcome against her as she had learned she was unsuccessful the very next day.

Why the WRC Ruled It Was Discrimination

The WRC adjudicator found that:

The principal’s comment, made before scoring was complete, was inappropriate and highlighted Williams’ family status.
The school could not justify why a less-experienced teacher was chosen. Their claim that it was based on prior interview scores was unsupported, with no clear process to back it up.
One interviewer even adjusted a score for Williams downward without explanation, further undermining the credibility of the decision.

Given these failures, the WRC concluded that Williams had established a clear case of discrimination on grounds of family status. She was awarded €85,000 in compensation, with the adjudicator stressing the importance of deterrence in cases like this.

Why This Ruling Matters for Employers

This case underscores three vital lessons for HR and hiring managers.

First, keep personal matters out of formal interviews. Even a well-meaning comment can suggest bias or influence the panel. The interview must remain strictly professional.

Second, ensure documentation and process are watertight. Reliable scoring systems, consistent policies, and clear records are essential. Without them, hiring decisions become legally and reputationally vulnerable.

Finally, fairness must be more than form, it must be function. Interviews should be blind to protected statuses such as family or maternity, and all decisions must be transparent and defensible.

How MSS The HR People Can Help

MSS is here to help Irish businesses avoid situations like this:

Designing discrimination-safe interview processes, from structuring interview panels to defining scoring metrics
Training hiring panels on unconscious bias and employment equality legislation
Developing clear recruitment communication policies that avoid risks around maternity or other protected characteristics
Providing support and representation if a dispute arises before the WRC

Let’s ensure recruitment is fair, transparent, and free of unintended prejudice. Reach out to MSS The HR People, and we’ll help you build safe, compliant hiring practices.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

When “AWOL” Isn’t Enough

Wed, 03 Sep 2025 11:31:35 GMT

WRC Finds Dismissal Unfair When Employer Fails to Engage

Navigating employee absence can be tricky but a recent WRC decision reminds employers that silence isn’t golden.

In the case of Barry Colclough v Grange Mockler Holdings Ltd t/a Lanigan’s Bar, the Workplace Relations Commission ruled that failing to engage with an absent employee, even one deemed AWOL, can amount to unfair dismissal.

What Happened in the Case?

Mr Colclough had worked for the company since March 2013 and was promoted to Head Door Supervisor in early 2016. In September 2023, two new door staff joined, prompting him to feel bullied and sidelined, even though he had been assured of retaining his supervisory role.

He requested two weeks’ leave to reassess his position which was not granted, but management did not follow up or attempt to communicate during that time. The company took the view that this constituted a resignation and terminated his employment? The WRC ultimately found the dismissal unfair, stressing that employers have a responsibility to actively engage and not simply wait for an employee to return or explain themselves.

What This Means for Employers

This case underlines the importance of proactive communication. Employers cannot assume that an unexplained absence equals resignation or grounds for dismissal. Reaching out, checking in, and giving the employee a chance to respond is essential.

It also shows that absence should always be treated seriously, even where it appears to be AWOL. There may be underlying issues at play, and making genuine efforts to engage can prevent escalation.

Finally, clear documentation and a fair process are key. Keeping records of attempts to contact the employee, and showing consistency in approach, not only protects the business but also demonstrates respect for the employee’s rights.

Why This Decision Matters

Irish employers often view “no-show” / “unauthorised” absence as grounds for summary action. However, this case reinforces that absence does not equal resignation. Without fair procedures and active engagement, employers risk costly findings of unfair dismissal.

How MSS The HR People Can Help

Managing employee absence isn’t always straightforward. At MSS, we help Irish businesses by:

Putting in place fair and compliant absence management processes
Drafting communication templates and clear procedures
Supporting managers with return-to-work planning and follow-up
Providing advice or representation if a dispute arises at the WRC

If you’d like support handling absence or any other HR matter, get in touch with MSS The HR People. We’ll help you manage these situations confidently and compliantly.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

Scaling Your Human Resources: Accessing the Right Support at Every Growth Stage

Tue, 02 Sep 2025 08:50:37 GMT

Every business - whether just emerging or well on the path to becoming a large enterprise - needs solid HR support. But that support doesn’t have to be an all-or-nothing affair. A flexible, scalable HR service can meet you where you are today and grow alongside you tomorrow.

The key is access: real, human support available when decisions and challenges arise - not the dreaded voicemail trap or the vague promise that “someone will call you back.” Employers need advice that is practical, timely, and specific to their circumstances, not a one-size-fits-all solution.

In this blog, we’ll break down the types of HR support needed at different business stages and explore why accessibility and tailored guidance are essential to keeping your organisation compliant, confident, and people - focused.

Small Businesses (Under ~50 Employees): Getting Started with HR Essentials

In the early stages, most employers juggle many hats and HR often takes a back seat. Yet from recruitment to compliance, the foundational HR tasks are critical.

As an employer in this segment, it’s important to have:

Self-serve resources : Access to policy templates, employment contract samples, and up-to-date compliance documentation can bridge the knowledge gap without heavy investment.
On-demand advice : The ability to call or email HR specialists when issues arise - whether that’s clarifying a termination process or understanding leave obligations - makes all the difference.
Practical, no-frills guidance : Smaller organisations benefit most from advice that’s straightforward, actionable, and tailored. Generic, one-size-fits-all responses often prove unusable.

Having resources at your fingertips, plus experts just a phone call away, helps you act confidently without feeling overwhelmed.

Mid - Sized Organisations (Up to ~200 Employees): Balancing Autonomy and Support

As your team grows, so too does the complexity of HR. You’re now dealing with onboarding at scale, formalised performance management, complex leave arrangements, and sometimes sensitive investigations or complaints. At this stage, businesses typically need support that balances day-to-day operations with long-term compliance and structure.

Comprehensive templates and a growing documentation library : A digital hub of policies, procedures, employee handbooks, and legislative updates keeps you compliant and proactive.
Back-office support : Ensuring contracts, policies, and handbooks are always up to date becomes critical. Having a dedicated service to manage these updates removes risk and ensures consistency across the workforce.
Direct access to human expertise : When employee relations issues or disciplinary matters arise, you should be able to pick up the phone and talk through scenarios - not wait days for a callback.
Tailored advice, not generic solutions : At this stage, practical, bespoke service becomes essential particularly around areas such as crafting hybrid working policies, supporting inclusive recruitment, or managing flexible leave arrangements.

This combination of adaptable resources, proactive back-office support, and immediate access to advice helps mid-sized employers stay agile, compliant, and confident in their people decisions.

Larger Organisations (200+ Employees): Strategic HR with Strategic Partners

For larger businesses, HR evolves from administration into a truly strategic function. Here, the focus shifts toward building culture, mitigating risk, and aligning people strategies with overall business objectives. The stakes are higher, and the need for expert partnership is greater.

Strategic HR audits and compliance checks : Periodic reviews of documentation, contracts, and procedures ensure everything remains lawful and best practice helping to safeguard against legal exposure.
On-site or embedded HR support : Having HR specialists available on the ground - not just at the end of a phone line - ensures culture, values, and people issues are managed with immediacy and context.
Employer representation and mediation : If disputes escalate, having someone who can represent the business whether before tribunals, with trade unions, or in mediation brings reassurance and practical protection.
Training and development rooted in real-world challenges : Training should be interactive, custom-designed, and relevant - not generic modules that don’t reflect your sector or culture. Whether it’s leadership development, compliance workshops, or conflict resolution, the focus should be on applicability and impact.

For larger organisations, a strategic partner who offers the full suite from compliance to culture – building, ensures HR is not only protective but also a driver of sustainable growth.

Always Available, Always Human

Across all stages, one principle stands out: accessibility matters. Employers need to feel heard, not left waiting. When HR issues crop up, from tricky employee relations matter, to a question on flexible working, delays can erode trust and escalate risk. Being able to speak directly with someone who understands your business context is invaluable. That person becomes a trusted advisor, not just a message-taker. Consistent, practical advice that is clear, timely, and tailored will always outshine distant or generic guidance.

Why Practical Guidance Wins Over One-Size-Fits-All

No two businesses are the same. A manufacturing company in Cork will have very different HR needs compared to a Dublin-based IT firm, or a nonprofit with remote staff spread across the country. That’s why off - the - shelf solutions often fall flat.

HR support works best when it is implementable, not theoretical. It’s one thing to read about flexible working policies - it’s quite another to have access to a framework that includes consultation checklists, draft agreements, and practical rollout steps. The best HR resources also balance structure with flexibility, offering editable templates and adaptable policies that can be customised to reflect both compliance requirements and company culture.

Conclusion

HR doesn’t have to be a static department or an expensive full-time team - especially in the early stages. What matters is having access to the right mix of resources, human support, and practical advice that can scale with your business.

Whether you’re a business owner wearing every hat, a manager looking for reassurance, or an HR leader focused on strategy, scalable HR services ensure that people issues are handled quickly, consistently, and with confidence. Ultimately, having the right HR support at the right time enables employers to focus less on compliance headaches and more on building businesses where people and performance thrive.

At MSS – The HR People, we know how important that accessibility and flexibility is, which is why we’ve developed a range of HR service packages designed to support businesses of every size. From immediate advice and resources through to comprehensive strategic support, our services scale with you.

If you’d like to explore which option is the best fit for your organisation, give us a call or visit our website to learn more.

Three Tips to Improve Your Recruitment Process

Tue, 12 Aug 2025 14:45:04 GMT

Recruitment today is fast-paced, competitive, and increasingly digital. But with speed comes the need for structure - and compliance. Irish businesses face the challenge of recruiting efficiently while ensuring they remain on the right side of employment legislation, data protection, and evolving candidate expectations.

In this blog, we’ll explore how Irish employers can streamline hiring processes through technology, compliant CV screening, targeted advertising, and a strong employer brand that does half the work for you.

1. Screening CVs Efficiently with Legal Compliance

CV screening is one of the most time-consuming aspects of recruitment - but it’s also one of the most legally sensitive. Employers must ensure that all applicants are treated fairly, assessed on relevant criteria, and that data protection obligations are met.

So how can employers speed up the process and stay compliant?

Use clear, consistent screening criteria

Before reviewing CVs, define the essential and desirable criteria for the role. Use a simple scoring sheet or checklist to stay consistent and keep a record of it. This helps protect your business in case of any claims of discrimination or unfair treatment.

Watch out for unconscious bias

It’s easy to be influenced by names, locations, or educational backgrounds. Remove identifiers in the early stage if necessary. Alternatively, use blind screening tools that redact personal information automatically.

Automate with care

Applicant Tracking Systems (ATS) can help filter out unqualified candidates using keywords or qualification filters - but don’t rely solely on automation. Over-reliance can lead to great candidates slipping through the cracks, or worse, filtering out candidates based on biased algorithms.

Stay on the right side of GDPR

Under GDPR, candidates must know how their data is being used and how long it will be stored. Employers should:

Include privacy statements in job ads or application pages
Avoid retaining CVs for longer than necessary without consent
Delete data for unsuccessful applicants within a reasonable timeframe (usually 12 months max unless otherwise agreed)

With the right processes in place, Irish employers can protect their brand, stay compliant, and still move at speed.

2. Selecting the Right Job Boards & Channels for Hiring

Not all job boards are created equal. With many employers battling rising recruitment costs, selecting the right mix of platforms is critical to reaching the right candidates without wasting budget.

Here’s how to choose smartly:

General Job Boards

IrishJobs.ie and Jobs.ie are two of the most widely used platforms for general roles across Ireland.
Indeed.ie remains a go-to for high-volume roles and lower-cost listings. It’s strong for admin, customer service, and entry-level roles.

Niche Job Boards

GradIreland is ideal for graduate and early-career talent.
TechJobs.ie and IrishDev.com are useful for IT and digital roles.
PublicJobs.ie suits public sector recruitment.
AgriRecruit.ie for agricultural and agri-tech roles.

Industry Associations & Networks

Sometimes the best candidates aren't actively job hunting. Consider advertising through:

Industry-specific LinkedIn Groups
Professional associations (e.g., Engineers Ireland, Nursing & Midwifery Board)
Trade journals and newsletters

Social Media & Referrals

Promote roles on LinkedIn using paid targeting by location, job title, and skills.
Consider using employee referral schemes which are often a faster, more cost-effective source of quality hires.

Local Channels

For hiring in specific towns or counties, don’t underestimate:

Local newspapers (digital and print)
Community Facebook groups
Regional LinkedIn ads (targeting areas like Cork, Galway, Limerick, or Midlands)

Choosing a mix based on your role, industry, and location can drastically improve results. At MSS - The HR People, we help employers map out the right channels based on the job and the ideal candidate profile.

3. Employer Branding That Attracts Top Talent

The job ad is just the start. Today’s candidates don’t just apply for a role - they research. If your employer brand doesn’t align with what candidates value (or worse, if it’s invisible), you’ll lose great people before they even hit ‘Apply.’

So what is employer branding?

It’s the perception potential employees have about working for you. It’s shaped by:

Your careers page
Social media presence
Employee reviews (e.g., on Glassdoor)
The tone of your job descriptions
How you talk about values, culture, flexibility, and development

Build a brand that speaks to today’s candidates:

Showcase your team : Feature real employees on your careers page or social media. Authentic voices matter more than polished stock photos.
Talk about values and purpose : Candidates want to know why your business exists and what role they’ll play in the “Bigger Picture”.
Be transparent on benefits : Include salary ranges, flexible working, and learning opportunities in job ads. Transparency is a trust signal.
Gather and respond to reviews : Engage with reviews on Glassdoor or Indeed—thank employees for positive feedback and respond to constructive criticism with humility.

If you find yourself competing with big employers, employer brand is a key differentiator. Often, smaller businesses can offer a closer-knit team, faster career growth, or greater impact - these are assets that should be showcased clearly.

Final Thoughts

Efficient, modern recruitment requires both people and process to work together. By combining smart tech choices with structured screening and authentic branding, you can not only fill roles faster, but with better long-term outcomes.

To recap:

Use structured CV screening methods to stay efficient and compliant
Choose job boards and advertising channels that align with your audience
Invest in employer branding to attract, not chase, the right talent

At MSS - The HR People, we help businesses build recruitment strategies that work today and scale for tomorrow. Whether you’re hiring for one critical role or looking to professionalise your entire recruitment process, we’re here to support you.

From Policy to Practice: Making EDI a Reality in Your Business

Tue, 12 Aug 2025 14:06:54 GMT

Practical ways SMEs can build inclusive workplaces beyond the diversity policy

Many Irish employers now have a written diversity, equity and inclusion (EDI) policy, but turning that policy into a lived workplace culture is a very different challenge.

For SMEs, it can feel like EDI is something reserved for big corporates with DEI teams and budgets to match. But in reality, small and medium-sized businesses are often better placed to make real, practical progress because they’re more agile, closer to their teams, and can implement change more meaningfully.

Here’s how to move from policy to practice when it comes to EDI in your business.

1. Start With Leadership – Even If It’s Just You

In an SME, culture starts at the top. Whether it’s a leadership team or just one or two directors, your approach sets the tone.

That means:

Calling out inappropriate behaviour early
Being conscious of inclusive language and communication
Being visible in your commitment to fair and equal treatment for all

EDI needs to be owned by leadership, not just HR or an outsourced provider.

2. Make Recruitment More Inclusive

Even small changes to your hiring processes can make a big difference:

Use gender-neutral language in job ads
Avoid overly corporate or coded language that might put off certain groups
Ensure interview panels (where possible) are gender balanced
Focus on skills, competencies, and potential, not just credentials

Using standardised scoring or structured interviews can also help reduce unconscious bias.

3. Look Beyond Obvious Diversity Markers

Diversity isn’t just about gender or ethnicity. It also includes:

Age and generation
Disability and neurodiversity
Socioeconomic background
Family status and caring responsibilities
Religious or cultural identity

Creating an inclusive culture means making space for different life experiences, communication styles, and needs, not just visible traits.

4. Listen to Your Employees

Formal staff surveys are great but SMEs often benefit from their size when it comes to communication.

Create safe channels for feedback (anonymous if needed)
Be clear that inclusion is everyone’s responsibility, not just HR’s
Watch for patterns of exclusion, e.g. team outings that don’t cater to all (eg. too physical), cliques, or assumptions about availability

Sometimes it’s small adjustments, asking pronouns, offering flexible work options, or recognising different holidays, that make people feel seen.

5. Train Your Managers – Not Just Once

One-off unconscious bias training is not enough. But regular, practical sessions for line managers are a good investment.

These should cover:

How to manage diverse teams fairly
Inclusive language and conflict resolution
Managing flexible work and reasonable accommodations
How to respond to inappropriate comments or microaggressions

If you're not ready to roll out full training, even short manager toolkits or lunch-and-learn sessions can start the conversation.

6. Review Policies Through an EDI Lens

Your HR policies might be neutral on the surface, but still impact people differently in practice.

Ask:

Do our policies accommodate different religious or cultural needs?
Are sick leave, parental leave and carers' leave applied equitably?
Is our flexible working process inclusive for people with disabilities or caring responsibilities?

If you’re not sure, ask your employees, or seek external HR advice. A quick policy audit can highlight unintended barriers.

7. Celebrate Diversity – But Authentically

Pride month, International Women’s Day, and cultural celebrations are great opportunities to recognise diversity, but they shouldn’t feel tokenistic.

Involve your team in choosing what and how to celebrate
Share real stories from staff (with consent)
Tie celebrations back to your values and goals

EDI is about everyday actions, not just calendar events.

Why It Matters

An inclusive workplace isn’t just good ethics, it’s good business. Teams that feel respected and included tend to perform better, stay longer, and contribute more.

For SMEs, this is especially important: attracting and retaining great people is key to growth, and culture plays a major role in that.

Want to Take Inclusion from Idea to Action?

At MSS The HR People, we don't just help you design EDI policies, we support you in making them real.

Join our Inclusive Leadership with Unconscious Bias course on 9 ^th September 2025 ( online - CPD-accredited & worth 4 CPD points ):
mssthehrpeople.ie/unconscious-bias
Gain practical tools to recognise and reduce bias in decision-making, communication, recruitment, and company processes
Learn to foster inclusive leadership across your organisation, not just in HR, but at every management level

Spaces are limited so book now to secure Early Bird pricing €295. Standard rate €350

Email: info@mssthehrpeople.ie Phone: 01 8870690

Visit www.mssthehrpeople.ie to learn more about how we support inclusive, compliant workplaces across Ireland.

Proposed New Leave Entitlements for Pregnancy Loss. What Employers Need to Know

Tue, 12 Aug 2025 14:00:56 GMT

What Employers Need to Know

The Pregnancy Loss (Miscellaneous Provisions) Bill 2025 has been introduced in the Seanad and proposes a significant development in statutory leave entitlements for employees experiencing pregnancy loss. If enacted, this legislation will create new obligations for employers under Irish employment law.

Key Features of the Proposed Legislation

The Bill proposes amendments to the Organisation of Working Time Act 1997 to create a dedicated category of paid leave for pregnancy loss. The main provisions include:

Five Days’ Paid Leave : Employees who experience a pregnancy loss would be entitled to a minimum of five working days of paid leave.
Two and a Half Days’ Paid Leave: A separate entitlement would be available for the other parent involved in the pregnancy, allowing them two and a half working days’ paid leave.
First Day of Employment: These entitlements would be available from the first day of employment, with no qualifying service period required.
Certification Requirement: Access to the leave would be subject to certification by a registered medical practitioner confirming the pregnancy loss.
Separate from Other Leave: This leave would apply in addition to existing sick leave, maternity leave, paternity leave, or parental leave entitlements.

Employment Protections During Leave

In addition to providing leave entitlements, the Bill includes important protections for employees while they are absent. Specifically, employers would be prohibited from dismissing, suspending, or issuing a notice of termination to any employee availing of this leave.

Pregnancy Loss Register

Separately, the Bill proposes an opt-in pregnancy loss register under the Civil Registration (Electronic Registration) Act 2024. This register:

Allows individuals to record the pregnancy loss if they wish.
Will not be searchable by the public.
Is independent of any workplace entitlements or leave records.

What Employers Should Do Now

While the Bill is still progressing through the legislative process, it signals a likely change in how employers will be expected to support employees experiencing pregnancy loss.

To prepare, employers may wish to:

Review existing leave policies and consider how pregnancy loss leave can be accommodated.
Plan for training managers on responding sensitively to requests for this leave.
Monitor the progress of the Bill to ensure compliance once enacted.

We will continue to update clients as this proposed legislation moves through the Oireachtas. If you would like support reviewing your policies or understanding your potential obligations, please get in touch with our HR team.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

Managing Difficult Behaviours in the Workplace Practical Tips for Irish Employers

Tue, 12 Aug 2025 13:54:59 GMT

Practical Tips for Irish Employers

Every workplace will, at some stage, encounter difficult behaviours, from persistent negativity to passive resistance, undermining comments, or outright aggression. These behaviours can quietly erode morale, affect productivity, and create stress for both colleagues and managers.

For small and medium-sized businesses in particular, where teams are close-knit and resources may be limited, learning how to spot and manage difficult behaviours early is essential. But many managers and employers feel unsure about how to tackle the issue without making things worse.

Here’s how to approach difficult behaviours with confidence and clarity, before they escalate into formal disputes or exits.

1. Spot the Patterns – Not Just the Incidents

Not all difficult behaviours are dramatic or overt. In fact, the most damaging issues are often low-level but consistent, such as:

Eye-rolling or dismissive body language in meetings
Undermining colleagues or management decisions
Withholding information or refusing to collaborate
Constantly resisting change or offering negative commentary

It’s the pattern that matters. Is this behaviour affecting team dynamics? Is it creating tension or conflict? That’s your starting point, not just isolated incidents.

2. Don’t Let It Linger

One of the most common management pitfalls is ignoring these issues. It’s understandable, most people don’t enjoy confrontation, especially in small teams or where there’s a long-standing relationship.

But allowing difficult behaviour to go unaddressed:

Signals to others that it’s tolerated
Undermines your authority
Can quickly lead to formal complaints or resignations

Early, informal intervention is almost always more effective than waiting for it to become a grievance.

3. Prepare for the Conversation

Before addressing the issue, get clear on:

What specific behaviours you’ve observed
The impact those behaviours are having on the team or work
What a change in behaviour would look like

Keep the focus on behaviour, not personality. For example:

Don’t say: “You’re being difficult.”
Do say: “I’ve noticed that you’ve interrupted colleagues multiple times in meetings. It’s affecting how others contribute.”

4. Choose the Right Tone and Setting

These conversations should always be private, respectful, and rooted in curiosity rather than accusation.

You might open with:

“Can I check in with you on something I’ve noticed? I want to understand your perspective.”

Then outline what you’ve observed, the impact, and the need for change. Give the employee space to respond.

You may uncover hidden issues like stress, confusion over responsibilities, or interpersonal tensions.

5. Follow Up and Document

After the initial conversation:

Agree on what should happen next
Monitor for progress
Document the discussion (briefly and factually)

If the behaviour continues, escalate through your disciplinary or performance procedures. But in many cases, raising the issue respectfully and early is enough to prompt change.

6. Train Managers to Handle Conflict Well

A lot of the time in SMEs, managers become managers after being promoted up the ladder for being good at their job. However, most managers aren’t taught how to manage teams and interpersonal issues, yet they’re often the first to encounter them.

Equipping your managers with conflict resolution skills, emotional intelligence, and confidence to step in early can significantly reduce the risk of escalation. It also fosters a culture of trust, accountability, and professionalism.

Final Thoughts

Difficult behaviours don’t have to mean difficult people. But when left unchecked, even small problems can spiral into major HR challenges. Employers who create a proactive, fair, and supportive approach to behaviour management are better placed to protect their team culture and their business.

Want to Build Confidence in Managing Difficult Workplace Behaviours?

At MSS The HR People, we don’t just talk about policies, we help you transform management practices into effective, confidence-building action.

Join our Handling Difficult Behaviours & Conflict Management course on 12 ^th November 2025 ( virtual, CPD‑accredited 4 Points, 1/2 day ). Find full details and register here:
mssthehrpeople.ie/difficult-behaviours
Equip your team with practical tools to identify and manage challenging behaviours before they escalate
Enable managers to respond professionally and proactively, using legal best practice and emotional intelligence
Each participant leaves with a personal action plan and a pocket toolkit to apply daily

Spaces are limited so book now to secure Early Bird pricing €295. Standard rate €350

Email: info@mssthehrpeople.ie Phone: 01 8870690

Employee or Contractor? Why Labels Might Not Protect You Anymore

Tue, 12 Aug 2025 13:42:15 GMT

Lessons from the Lingard Case

A recent decision by the Workplace Relations Commission (WRC) has put a spotlight on the blurred lines between independent contractors and employees and what it means for employers in Ireland. The case of Lingard v Randridge International Ltd is a timely reminder that what’s written in a contract isn’t always the last word when it comes to employment status.

The Background

Mr Lingard provided services to Randridge International Ltd through his own limited company, PSL (Aberdeen) Ltd. On paper, this was a classic independent contractor setup. However, Mr Lingard later argued that the reality of his day-to-day role was much closer to that of an employee, and therefore, he was entitled to rights and protections under employment law, including unpaid wages under the Payment of Wages Act 1991.

Randridge disagreed, relying on the original contract, which clearly stated that Mr Lingard was not an employee and had no employment rights. So, how did this end up in front of the WRC?

Why Contracts Aren’t Always Enough

The key issue was whether Mr Lingard’s working relationship with Randridge had shifted over time from an independent contractor to an employee. While the contract said one thing, the WRC looked at what was actually happening on the ground.

This approach reflects a growing trend in Irish employment law, where courts and tribunals are less concerned with what a contract calls someone, and more focused on how the relationship actually functions. The Supreme Court’s landmark Karshan (Domino’s Pizza) decision reinforced this, setting out a five-part test to help assess employment status.

Applying the Karshan Test

The WRC used the Karshan framework to evaluate Mr Lingard’s status:

Was he paid for his work? Yes, through his limited company, but he was paid directly for personal service.
Did he have to do the work himself? Yes, while the contract allowed for substitution, this never actually happened.
Was there control over how he worked? Yes, he had to clock in and out, meet deadlines, and avoid outside work, all of which pointed to a significant level of control.
Were these factors consistent with employment? The WRC said yes, the nature of the role and the expectations placed on him looked more like employment than independent contracting.
Were there any legislative reasons to consider him an employee? Yes, and based on all five factors, the WRC found that Mr Lingard was an employee for the purposes of the claim.

What About the “Employer”?

Once the WRC determined Mr Lingard was effectively an employee, Randridge was held liable to pay the outstanding invoices as wages. This was a significant finding, not just in terms of cost, but in terms of legal and reputational risk.

Lifting the Corporate Veil

A particularly important aspect of the decision is that it shows the WRC is willing to “lift the corporate veil”. Just because someone operates through their own company doesn’t mean they’re not an employee. If the reality is that the worker is integrated into the business, under its control, and working in the same way as employees, then the courts may well decide that’s exactly what they are – regardless of the written contract.

Practical Guidance for Employers

This case serves as a cautionary tale. Employers must take a holistic view of how contractor relationships are managed:

Don't rely solely on contract wording, courts will focus on how the relationship works in practice.
Review contractor arrangements regularly, especially where roles change or the person becomes embedded in your team.
Keep an eye on control and direction, contractors should operate with autonomy and should not be managed like employees.
Understand the revised Code of Practice, jointly issued by the WRC, Revenue and the Department of Social Protection, it offers practical guidance on assessing employment status using the five-factor Karshan test.

Final Thoughts

The Lingard case reminds employers that legal risks can emerge where contractors are treated, or evolve, into employees over time. While using independent contractors can offer flexibility and cost savings, it’s essential to ensure that arrangements are carefully structured and regularly reviewed.

If in doubt, or if your company relies heavily on independent contractors, now is the time to assess the reality of those relationships. A proactive review could help you avoid claims under the Payment of Wages Act or other employee entitlements in the future.

Need Support Reviewing Contractor Arrangements?

At MSS The HR People, we work with employers across Ireland to help them navigate contractor relationships, avoid misclassification risks, and stay compliant with evolving employment law.

If you're unsure whether your contractors might be deemed employees, or you simply want peace of mind, get in touch with our expert team today.

Email: info@mssthehrpeople.ie Phone: 018870690

Or visit www.mssthehrpeople.ie to learn more about how we support businesses like yours.

MSS - The HR People Achieves CPD Accreditation

tara@mssthehrpeople.ie (Tara Daly) — Tue, 29 Jul 2025 10:44:59 GMT

MSS - The HR People Achieves CPD Accreditation: What It Means for You

At MSS - The HR People, we’re proud to announce that we have been officially accredited to deliver CPD (Continuing Professional Development) training. This milestone reflects our unwavering commitment to delivering high-quality, practical, and professionally relevant training to businesses across Ireland.

But what exactly does CPD accreditation mean? Why is it significant? And, most importantly, how does it benefit the clients and professionals who choose MSS for their HR training?

What Is CPD and Why Does It Matter?

Continuing Professional Development (CPD) refers to the process of tracking and documenting the skills, knowledge, and experience gained both formally and informally as professionals work, beyond any initial training. CPD is essential in every sector but especially in fields like HR, where employment law, workplace regulations, and people management practices are constantly evolving.

CPD-accredited training is independently assessed and verified to ensure that it meets industry standards for learning outcomes, relevance, structure, and delivery. Accreditation confirms that the training is not just informative, but valuable, impactful, and capable of contributing meaningfully to a participant’s professional development.

In short, CPD accreditation is a mark of quality - and we’re delighted to now carry it.

What CPD Accreditation Means for Us

Becoming a CPD-accredited provider is a significant validation of our work. It’s more than a badge or certificate - it’s recognition from an external body that our training:

Delivers clear learning outcomes
Meets the expectations of professional development standards
Is structured, well-presented, and aligned with current best practices
Is designed with real-world application in mind

For our team, this accreditation reinforces the integrity of our training content and confirms that the learning we provide is of the same high standard expected by national and international professional organisations.

It also shows that we take our role as HR educators seriously. Whether we’re delivering workshops on employment law compliance, HR policies, or best-practice recruitment and onboarding, we are doing so in a way that stands up to scrutiny, offers measurable learning outcomes, and contributes to the continuous upskilling of our clients.

What It Means for Our Clients and Training Participants

CPD accreditation matters because it gives our clients confidence - not just in what we teach, but in how we teach it.

Whether you're an SME owner trying to stay compliant, a people manager learning how to lead teams effectively, or an HR professional seeking to grow your knowledge base, attending a CPD-accredited session with MSS brings many advantages:

1. Assurance of Quality

With CPD accreditation, clients know that our training is rigorously vetted. You’re not just taking our word for it - an independent body has confirmed that the training you’re investing in meets a high standard of professional learning.

2. Tangible Professional Development

For individuals building their careers or maintaining professional memberships, CPD points or hours gained through our training can be recorded as part of formal CPD logs. This is especially relevant for HR professionals, business owners, and line managers who must show ongoing learning as part of their industry obligations.

3. Enhanced Employer Credibility

Businesses that invest in CPD-accredited training show their teams and stakeholders that they care about learning, improvement, and staying up to date. It’s a positive reflection on company culture and helps improve employee engagement and retention.

4. Peace of Mind Around Compliance

From Inclusive Leadership, Dignity at Work and Managing Difficult Behaviours, our accredited training ensures that you and your team are not only aware of your responsibilities but are applying them correctly. That means fewer risks, fewer mistakes, and a more confident leadership approach across your organisation.

5. Career Progression for Attendees

Participants who undertake CPD-accredited training can use it to build their professional profile, apply for promotions, or demonstrate ongoing learning to regulatory or membership bodies. It helps turn learning into career momentum.

A Mark of Trust for the Future

At MSS - The HR People, we’ve always believed that training should be more than a tick-box exercise. It should inspire new ways of thinking, give people the tools to do their jobs better, and create lasting value for the businesses we support.

Being CPD-accredited adds another layer of trust for our clients. It shows that we’re not just offering what’s popular or convenient - we’re offering what’s recognised, verified, and of real value.

As we look ahead, CPD accreditation allows us to expand our training offering with confidence. From one-hour sessions and lunch-and-learns to multi-day workshops and tailored in-house programmes, all our CPD-accredited training will continue to be:

Grounded in practical, real-world HR expertise
Updated regularly to reflect changes in law and best practice
Delivered in an accessible, engaging format that suits busy teams
Backed by independent quality assurance

Let’s Grow Together

Whether you’re new to HR responsibilities or managing people across multiple departments, learning is essential. With CPD-accredited training from MSS - The HR People, you’re guaranteed a high-quality learning experience that’s both professionally recognised and immediately useful in your role.

Contact us today to find out more about our CPD-accredited training programmes or visit www.mssthehrpeople.ie/hr-training for more details.

Ireland Ranked Second in the World for Work-Life Balance

tara@mssthehrpeople.ie (Tara Daly) — Thu, 10 Jul 2025 10:10:56 GMT

Ireland has once again been recognised as a global leader in work-life balance, ranking second in Remote’s 2025 Global Life-Work Balance Index. The annual Index measures how effectively countries enable employees to combine professional responsibilities with a fulfilling personal life.

About the Global Life-Work Balance Index

The Index, established by Remote in 2023, evaluates 60 of the world’s largest economies across a range of indicators, including:

Average working hours
Annual leave entitlements
Access to healthcare
Public safety
Inclusivity and equality

Each country receives a score out of 100, reflecting how supportive the overall environment is for workers seeking balance.

Ireland’s Performance in 2025

With a score of 81.17, Ireland retained its position as the highest-ranking European country, improving on its 2024 performance and securing second place globally behind New Zealand.

Key factors contributing to Ireland’s strong showing included:

A relatively high minimum wage
A strong culture of community and camaraderie in the workplace
Considered one of the safest countries to live and work
Ongoing employment law reforms promoting flexibility and employee rights

Belgium, Germany, and Norway rounded out the top five. Meanwhile, the United States continued to fall in the rankings, placing 59th, largely due to public safety concerns and limited progress on inclusivity.

Recent Changes Driving Progress

Ireland has implemented significant changes to employment law in recent years. Initiatives such as increased parental leave entitlements, statutory sick pay, breastfeeding breaks, and the introduction of the right to request remote and flexible working have contributed to the country’s reputation as one of the most employee-friendly environments in Europe.

While these reforms have at times been criticised for placing additional cost burdens and responsibilities on employers, they also deliver tangible benefits. As Barbara Matthews, Chief People Officer at Remote, commented:

“It’s a reflection of our core belief that people perform at their best when they’re trusted to live fully outside of work, not just within it.”

Finding the Balance

Although some legislation, such as the right to request remote working, has been seen by some as weighted towards employers’ discretion, it has helped shift expectations. For the first time, Irish employees have a statutory framework to formally request the flexibility they need.

From an employer perspective, it is important to continue balancing these evolving rights with the operational demands of business. However, there is no doubt that a focus on work-life balance can improve engagement, retention and productivity over the long term. When employees have the space to manage life outside work and recharge, they return more focused and motivated.

Supporting Employers

We will continue to monitor developments in work-life balance policy and keep clients informed of any legislative changes. If you would like assistance reviewing your flexible working policies or planning strategies to support employee wellbeing, please get in touch with our HR team.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

Irish Employment Hits Record High

tara@mssthehrpeople.ie (Tara Daly) — Thu, 10 Jul 2025 10:10:53 GMT

Key Insights from the Latest Labour Force Survey

The Central Statistics Office (CSO) has published the Labour Force Survey for the first quarter of 2025, offering a detailed snapshot of employment and unemployment trends in Ireland. The figures show a strong start to the year, with record numbers in work and continued progress towards national employment targets.

Employment Growth Continues

Employment reached nearly 2.81 million in Q1 2025, reflecting an annual increase of 90,800 jobs or 3.3% compared to the same period in 2024.

Some key highlights include:

Full-time employment: Rose by 71,400 positions.
Part-time employment: Increased by 20,100 roles.
Regional growth: 65,700 jobs were added outside Dublin, a 3.5% rise in regional employment.

These gains align with the Government’s White Paper on Enterprise goal of creating 300,000 additional jobs by 2030.

Unemployment Falls to New Lows

The seasonally adjusted unemployment rate fell to 4.1% in April 2025, down from 4.4% a month earlier and in April 2024. Long-term unemployment also declined, dropping to 0.9%.

Minister for Enterprise, Trade and Employment, Peter Burke, welcomed the results, stating:

"The Irish labour market has shown strong resilience and growth, with low unemployment rates and increasing job opportunities across sectors such as technology, healthcare and finance. Today’s release from the CSO shows an exceptionally strong start to 2025, as the workforce continues to expand, driving the nation’s economic resilience and ensuring a brighter future for job seekers across the regions."

Minister for Public Expenditure and Reform, Paschal Donohoe, echoed the positive sentiment but added a note of caution, commenting:

"While I am encouraged by the resilience of the labour market in the face of increased economic uncertainty, it is important to stress that today’s figures are backward looking. It is crucial that the strength of the economy in recent years does not lead to complacency."

Remote Work and Female Participation on the Rise

The survey found that 480,400 people worked from home for at least one hour during the quarter, the highest level recorded since the CSO began tracking remote work.

Female participation in the labour market also continued to climb, reaching a historic high. The rate increased by more than one percentage point over the past year, reflecting the growing contribution of women to the workforce.

Youth Unemployment Remains a Challenge

While most indicators were positive, the findings were less encouraging for younger workers. The number of unemployed people aged 15 to 24 increased by 2,600 over the year to reach 33,100, an annual rise of 8.5%. This pushed the youth unemployment rate up to 9.5%, compared to 8.8% in early 2024.

Looking Ahead

The latest results confirm the strong performance of the Irish labour market, despite broader economic headwinds. Employers may wish to consider how continued employment growth and evolving workforce trends, such as rising female participation and sustained remote working, could impact recruitment, retention, and workforce planning.

We will continue to monitor developments and provide updates as more data becomes available and as Budget 2026 preparations progress.

If you would like support understanding how these trends may affect your organisation, or to discuss strategic workforce planning, please get in touch with our HR team.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

Preparing for the EU Pay Transparency Directive - What Employers Need to Know

tara@mssthehrpeople.ie (Tara Daly) — Thu, 10 Jul 2025 10:10:50 GMT

The landscape of pay and transparency in the workplace is about to undergo a significant shift. The EU Pay Transparency Directive, adopted in 2023, will have far-reaching implications for businesses across Ireland and the wider European Union. At MSS The HR People, we’re already working with clients to get ahead of these changes and to turn compliance into an opportunity for stronger engagement and trust.

Here’s what you need to know about how this directive will impact your organisation, and how we can help you prepare.

What Is the EU Pay Transparency Directive?

The Directive introduces new obligations for employers designed to strengthen the right to equal pay for equal work or work of equal value. The aim is to tackle the persistent gender pay gap by improving pay transparency and accountability.

Member States have until June 2026 to transpose the Directive into national law. However, employers shouldn’t wait to act, as many of the changes will require significant planning and system updates.

Key Requirements That Will Affect Your Business

While the final details in Ireland will depend on national legislation, the Directive and Ireland’s existing Gender Pay Gap Information Act together set out clear obligations that employers will need to follow, including:

1. Pay Transparency for Job Candidates

You will need to disclose the initial pay level or pay range in job adverts or before interviews.
Candidates will have the right to request information on pay and progression criteria before accepting an offer.

2. Clear Pay Structures and Criteria

Pay-setting and career progression policies must be transparent, objective, and gender-neutral.
Employees will have the right to know how their pay is determined.

3. Right to Information

Employees will be entitled to request details of their individual pay level and average pay levels for categories of employees doing the same or equivalent work, broken down by gender.

4. Regular Pay Reporting

In Ireland, under the Gender Pay Gap Information Act, employers must already publish annual gender pay gap reports. From 2025, organisations with 50+ employees are required to report.
If unjustified pay gaps of 5% or more are identified, under the Directive, you may be obliged to carry out a pay assessment and take action.

5. Restrictions on Pay Secrecy

Employers will no longer be able to impose contractual pay secrecy clauses preventing employees from discussing pay.

6. Enforcement and Penalties

Employees who believe they are underpaid will have access to remedies, including compensation.
The burden of proof may shift to the employer to demonstrate that no discrimination occurred.

What Impact Will This Have?

These changes are significant and will require careful planning, robust policies, and cultural change. Key areas of impact include:

Recruitment Processes : Updating job descriptions, adverts, and offer procedures to include pay ranges.
HR Policies and Contracts : Removing pay secrecy clauses and ensuring objective pay criteria.
HR Systems : Ensuring you can generate accurate reporting data broken down by role and gender.
Creating Clear, Gender-Neutral Pay Structures : Designing or updating your pay frameworks to define how pay is set, how roles are evaluated, and how progression happens, so that decisions are transparent, fair, and easy to communicate.
Employee Relations : Preparing to respond to more frequent pay-related queries and potential grievances.
Resourcing : Dedicating time and expertise to comply with reporting and assessment requirements.

How Can You Prepare Now?

Although the Irish legislation implementing parts of the Directive is still pending, proactive steps will reduce compliance risks and demonstrate your commitment to fairness:

Conduct a Pay Audit
Review your pay structures and practices to identify any gaps or inconsistencies.
Update Job Descriptions and Recruitment Materials
Ensure that salary ranges are clear and transparent.
Review Contracts and Policies
Check for pay secrecy clauses.
Develop Clear, Gender-Neutral Pay Criteria
Document how pay decisions are made and ensure consistency across the organisation.
Prepare Communication Plans
Equip managers to handle questions and share information confidently and accurately.

How MSS The HR People Can Help

We know this can feel overwhelming, especially for organisations without dedicated in-house HR or reward teams. At MSS The HR People, we support clients across all sectors to navigate regulatory change practically and sensitively.

Our team can help you:

Undertake a pay and policy review to identify areas of risk.
Develop or update pay frameworks to ensure they are transparent and legally compliant.
Train your HR team and managers on the new requirements.
Prepare your pay reporting templates in line with the Directive and Irish regulations.
Support employee communications to build trust and engagement.
Advise on grievances or claims linked to pay transparency or equality.

The EU Pay Transparency Directive, combined with Ireland’s existing gender pay gap legislation, is a decisive step towards pay equity and it will bring new expectations for employers. Early action will not only ensure compliance but also strengthen your employer brand and employee trust.

If you’d like to discuss how these changes could affect your business and what you can do now, contact us today. Our HR consultants are ready to guide you through each step.

Get in touch with MSS The HR People: info@mssthehrpeople.ie PH: 018870690

Mechanical Contracting Sector - Trade Union Increases Recommended Pay Rates

tara@mssthehrpeople.ie (Tara Daly) — Thu, 10 Jul 2025 10:10:43 GMT

Although the Mechanical Contracting Sectoral Employment Order (SEO) was formally quashed in 2023, many employers in the mechanical engineering and building services sector continue to follow the rates and terms recommended by the Connect Trade Union.

In May 2025, Connect announced a new round of pay increases, which we must presume were agreed with a number of unionised companies. While these rates are no longer legally binding on the sector as a whole, they continue to serve as the benchmark industry standard, particularly for employers operating in unionised environments or engaging in public sector contracts.

Why Employers Continue to Follow Union Rates

Even in the absence of a statutory requirement, the Connect Trade Union rates remain widely applied. This is driven by several practical and commercial factors:

Industry Expectations - Many public bodies and main contractors expect compliance with union rates when awarding work.
Workforce Relations - Continuing to align with recognised terms helps maintain positive industrial relations and minimise the risk of disputes with Connect Trade Union.
Attracting Talent -In a competitive labour market, benchmarked and transparent rates support recruitment and retention of qualified tradespeople.
Consistency and Clarity - Using established rate structures avoids confusion and ensures alignment with sector norms.

Updated Pay Rates – Effective May 2025

The revised rates announced by Connect Trade Union came into effect from 1st May 2025 , based on a standard 39-hour working week:

The below may also be relevant where historic union agreements are in place or where the company is bidding for projects that require adherence to union sector norms;

Travel and subsistence payments
Overtime premiums
Pension and sick pay contributions

What This Means for Employers

While you are not legally obliged to follow the Connect Trade Union rates since the SEO was quashed, it is important to consider the broader implications in not following them.

What should employers do:

Review Pay Structures
Ensure your current rates are competitive and aligned with your contractual or operational context.
Audit Employment Contracts and Site Agreements
Remove any outdated references to the SEO and ensure your terms reflect current arrangements.
Communicate with Staff
Whether applying the new rates or maintaining existing ones, keep employees informed and engaged.
Seek HR Advice Where Needed
If you are considering any changes to pay or conditions, professional guidance can help manage risk and protect industrial harmony.

Supporting You Through Change

At MSS The HR People, we work closely with clients across engineering, construction, and related industries to ensure their employment practices remain compliant, competitive, and commercially sound.

Whether you are updating contracts, managing pay reviews, or preparing for union engagement, we are here to support you with clear, practical advice.

For tailored HR support, contact us at info@mssthehrpeople.ie PH: 01 8870690

WRC Rules on Sick Pay Scheme and Penalisation Claim

tara@mssthehrpeople.ie (Tara Daly) — Fri, 13 Jun 2025 11:23:51 GMT

When “Better Than Statutory” Really Matters

A recent Workplace Relations Commission (WRC) decision offers valuable insights for employers operating company sick pay schemes — particularly those that are more generous than the statutory minimum. The case also serves as a timely reminder of the importance of clearly defined policies and robust communication when managing employee absence and disciplinary action.

The Case at a Glance

An employee of McDermott Laboratories Limited (trading as Viatris) lodged a complaint under the Sick Leave Act 2022, claiming he was penalised after exercising his rights under the Act. However, the company raised a key preliminary issue: that the Act did not apply because their internal Sick Pay Scheme was more favourable than the statutory scheme.

The WRC adjudicator agreed — and ultimately ruled that she had no jurisdiction to hear the complaint under the Sick Leave Act.

Statutory Sick Leave vs Company Sick Pay

The case turned on the interpretation of Section 9 of the Sick Leave Act 2022, which states that the Act does not apply to employers who provide a more favourable sick pay scheme.

Here’s how the two schemes compared:

Despite the waiting period, the Adjudicator was satisfied that the employer's scheme, viewed as a whole, was significantly more favourable.

Jurisdiction Denied

Because the company scheme exceeded the statutory minimum, the WRC Adjudicator ruled she was precluded from considering the claim under the Act. This effectively dismissed the complaint before the substantive penalisation claim could be evaluated.

What About the Penalisation Allegation?

Although the case was closed on jurisdictional grounds, the Adjudicator still examined the penalisation claim.

The employee alleged he was penalised after receiving calls from occupational health on the day of a surgery, and that his father contacted the company on his behalf. That call was reportedly viewed as threatening, and the employee subsequently received a formal written warning, which also referenced a missed occupational health appointment.

The adjudicator found:

• The company’s Sick Pay Policy clearly allowed for medical referrals and outlined potential disciplinary consequences for non-compliance.

• The disciplinary action taken was based on policy breaches — not retaliation for exercising rights.

• Therefore, even if the Act had applied, the penalisation claim was not well-founded.

At MSS The HR People, we help employers design, update, and defend workplace policies that meet statutory requirements and go beyond, when needed. Whether you're reviewing your sick pay arrangements or responding to a grievance or disciplinary matter, our team can help you navigate it with clarity and confidence.

Retirement Age Reform, What Irish Employers Need to Know About the Employment (Contractual Retirement Ages) Bill 2025

tara@mssthehrpeople.ie (Tara Daly) — Thu, 12 Jun 2025 09:36:35 GMT

The Irish government has taken a significant step forward in reshaping retirement policy in the workplace with the publication of the Employment (Contractual Retirement Ages) Bill 2025. Once enacted, this legislation will introduce a new employment right, allowing, but not obliging, employees to remain in work until they reach the State Pension age.

So, what does this mean for employers, whose employment contracts include a mandatory retirement age?

Currently in Ireland, while retirement ages in employment contracts are common, they are subject to equality legislation, meaning employers can only set them if it's objectively justified by a legitimate aim and the means are appropriate and necessary. This objective justification requirement ensures that retirement ages are not used to discriminate based on age.

Key Changes Under the 2025 Bill

The headline change is this: employers will no longer be able to enforce a contractual retirement age below the State Pension age, unless the employee agrees to retire.

This represents a clear shift in the balance of decision-making around retirement. The Bill applies to any employee with a specified retirement age in their contract, whether explicitly written or implied by company practice. However, it does not apply to:

Employees still in probation ,
Roles governed by a statutory retirement age (e.g. certain public sector roles or positions with service limits).

It is of note that those on Probation, although not covered by this Bill, are still be governed by protections under the Equality Acts.

A New Right to Request to Stay

The Bill sets out a structured process for employees who wish to continue working past their contractual retirement age. They must:

Submit a written notification to their employer,
Do so at least three months and no more than one year before the contractual retirement date.

Employees will then have three options:

Retire at the age specified in their contract;
Work until the State Pension age;
Retire at any point in between.

Once notified, employers can only enforce retirement if they can objectively justify it, using a legitimate aim and demonstrating that their approach is proportionate and necessary.

Obligations for Employers

If an employer plans to enforce retirement despite receiving a valid notification from an employee, they must:

Respond in writing within one month,
Clearly outline the objective justification for doing so.

Failure to meet these obligations could result in serious consequences. Under the Bill, non-compliance may amount to a criminal offence, with penalties including:

A Class A fine of up to €5,000,
Up to 12 months’ imprisonment,
Or both / for both the organisation and any managers involved.

Employees can submit such requests on up to two occasions within a six-month period, offering flexibility for those planning their future.

Protection from Penalisation

Section 8 of the Bill also provides strong protections against penalisation. This includes any negative treatment; dismissal, demotion, threats, or disciplinary action, linked to an employee’s decision to remain in work beyond the contractual retirement age.

Employees can bring a claim to the Workplace Relations Commission (WRC) where:

They did not receive a justified written response,
The justification provided was not proportionate,
Or they believe they were penalised for asserting their rights.

If the WRC upholds the complaint, it can award remedies including reinstatement, re-engagement, or compensation up to €40,000 or two years’ pay—whichever is higher.

What Should Employers Do Now?

Although the Bill is still making its way through the legislative process and may be amended, Irish employers—particularly those with established retirement practices below State Pension age—should begin preparing by:

Reviewing existing employment contracts and retirement policies;
Ensuring retirement processes are fair, documented, and justifiable;
Training managers on how to handle requests to stay on past retirement age;
Seeking advice if uncertain about how the changes may apply.

At MSS The HR People, we’re already working with clients to get ahead of this shift. If you need help reviewing your contracts and policies, or understanding how this legislation could impact your business, get in touch. We are here to support you through every stage of employment compliance.

PH: 01 8870690 / info@mssthehrpeople.ie

Understanding Fixed-Term and Specified Purpose Contracts: A Practical Guide for Employers

tara@mssthehrpeople.ie (Tara Daly) — Thu, 12 Jun 2025 09:32:46 GMT

In today's dynamic workforce, fixed-term and specified purpose contracts have become a common feature across various sectors in Ireland. Whether it's covering maternity leave, managing seasonal workloads, or executing specific projects, these contracts offer flexibility to employers and opportunities to employees. However, it's crucial to understand the legal framework governing these contracts to ensure compliance and protect the rights of all parties involved.

What Is a Fixed-Term Contract?

A fixed-term contract is an employment agreement that lasts until a clearly defined end date. The contract automatically concludes when that date is reached, regardless of whether any specific task has been completed.

Common examples include:

· Covering a role until a set calendar date (e.g. 31st December)

· Employment during a defined seasonal period (e.g. summer months)

· Temporary posts funded for a limited timeframe

These contracts are distinct from permanent contracts, which continue indefinitely until ended by either the employer or the employee, and from specified purpose contracts, which end when a particular purpose, not a date, is fulfilled.

What Is a Specified Purpose Contract?

A specified purpose contract is an employment agreement that continues until a particular purpose is fulfilled, rather than ending on a fixed date. The contract concludes when the specified objective or event has occurred, such as:

The completion of a specific project or assignment
The outcome of a particular funding arrangement or grant
A business objective being met (e.g. system implementation or organisational restructure)

These contracts differ from fixed-term contracts in that they do not have a defined end date but instead hinge on the achievement or cessation of a defined purpose. Like fixed-term contracts, they are not considered permanent and are subject to specific legal protections and limits under employment legislation.

Legal Protections for Fixed-Term and Specified Purpose Employees

Under the Protection of Employees (Fixed-Term Work) Act 2003, fixed-term and specified purpose employees are entitled to the same rights and conditions as their permanent counterparts, unless different treatment is objectively justified.

This includes:

· Equal Pay and Conditions : Fixed-term and specified purpose workers must receive the same pay and working conditions as comparable permanent employees.

Access to Training : Employers should facilitate access to training opportunities for fixed-term and specified purpose employees.
Information on Vacancies : Fixed-term and specified purpose employees must be informed of permanent vacancies within the organisation.
Pension Rights : They should have the same access to pension schemes as permanent staff.

Employers are prohibited from treating fixed-term or specified purpose employees less favourably solely because of their contract type. Any differences must be based on objective grounds, such as the temporary nature of the role.

Duration and Renewal of Fixed-Term and Specified Purpose Contracts

Employers cannot perpetually renew these contracts to avoid granting permanent status. If an employee has been on successive fixed-term or specified purpose contracts for over four years, they are entitled to a contract of indefinite duration, unless the employer can provide objective justification for not doing so.

When renewing a fixed-term contract, employers must:

Provide a written statement outlining the objective grounds for renewal.
Ensure the renewal is communicated before the current contract expires.

Failure to adhere to these requirements may result in the employee being deemed permanent.

Probationary Periods in Fixed-Term and Specified Purpose Contracts

Probationary periods can be included in these contracts but must be proportionate to the contract's length and the nature of the work.

According to the European Union (Transparent and Predictable Working Conditions) Regulations 2022:

Probationary periods should not exceed six months, except in exceptional circumstances.
If a fixed-term or specified purpose contract is renewed for the same role, a new probationary period cannot be applied.

Employers must clearly communicate the terms of the probationary period in writing before the contract commences.

Ending a Fixed-Term or Specified Purpose Contract

A fixed-term contract naturally concludes when its specified term expires. A specified purpose contract naturally expires when the purpose has been fulfilled. However, employers must handle the termination process carefully to avoid legal complications.

Notice Requirements :

Employers should provide adequate notice in line with the Minimum Notice and Terms of Employment Acts 1973–2005.
Even if the contract specifies an end date, it's good practice to confirm the termination in writing before the contract concludes.

Unfair Dismissal Protections :

To prevent claims under the Unfair Dismissals Acts, it’s important that the following conditions be met:

The contract is in writing.
It specifies the objective condition for termination (e.g., end date or specified purpose).
It includes a clause stating that the Unfair Dismissals Acts do not apply upon the contract's expiry.
Both employer and employee have signed the contract.

If these conditions aren't satisfied, the employee may be eligible to claim unfair dismissal.

Redundancy Rights

Fixed-term and specified purpose employees with at least 104 weeks (two years) of continuous service are entitled to redundancy payments if their contract ends due to redundancy. The redundancy must meet the criteria outlined in the Redundancy Payments Acts.

Best Practices for Employers

To ensure compliance and foster a fair working environment, employers should:

Maintain Clear Documentation : Keep detailed records of all fixed-term and specified purpose contracts, including start and end dates, renewal justifications, and any probationary terms.
Communicate Transparently : Inform fixed-term and specified purpose employees about and any permanent vacancies.
Monitor Contract Durations : Track the length of successive fixed-term or specified purpose contracts to avoid unintentionally creating permanent employment relationships.
Provide Equal Opportunities : Ensure fixed-term and specified purpose employees have the same access to training, benefits, and advancement opportunities as permanent staff.

Conclusion

Fixed-term and specified purpose contracts are valuable tools for managing workforce needs, but they come with specific legal obligations. Both employers and employees must understand their rights and responsibilities to ensure fair treatment and compliance with employment legislation.

At MSS – The HR People, we are here to support your business in managing fixed-term and specified purpose contracts confidently and compliantly. Whether you need help drafting contracts, navigating renewals, or understanding employee entitlements, our expert team is ready to guide you every step of the way.

Get in touch with us today.

First WRC Award in Right to Request Remote Working claim

tara@mssthehrpeople.ie (Tara Daly) — Thu, 12 Jun 2025 09:21:08 GMT

The Workplace Relations Commission (WRC) has issued its first award under the Work Life Balance and Miscellaneous Provisions Act 2023, and it's a timely reminder for employers across Ireland.

Although multiple claims had previously been submitted to the WRC under this legislation, all were unsuccessful prior to this case.

This ruling saw the Employer, Salesforce, ordered to pay €1,000 to an employee for failing to respond to a formal remote working request within the required statutory timeframe.

What Happened?

The case involved an employee with Salesforce since 2021, who had relocated to the west of Ireland with employer approval. An informal agreement was in place to allow him to work remotely, attending the office only as needed.

In May 2024, the employee was informed that he would now be expected in the office 3–4 days per week. In response, he submitted a formal request under the 2023 Act to continue working remotely, citing:

· A long-distance daily commute (550km round trip),

· Family reasons tied to his partner’s job,

· His track record of successful remote working,

· And inconsistent application of return-to-office policies within the company.

Salesforce missed the four-week response deadline set out in the Act, eventually replying after more than six weeks—prompting Mr Farrell to lodge a complaint with the WRC.

What Did the WRC Say?

Because the WRC received the complaint before Salesforce issued their late response, it did not evaluate whether the company had good grounds to reject the request. The Adjudication Officer, Breiffni O’Neill, focused solely on the delay in responding.

The WRC found the complaint well-founded, citing:

· No compelling reason for the delay,

· The importance of employers respecting statutory timeframes,

· And the company’s explanation of “human error” as insufficient.

While acknowledging that the delay was relatively short, the WRC still awarded the employee €1,000 in compensation.

What Does This Mean for Employers?

This case serves as a clear warning to employers: delays in processing formal flexible or remote work requests can lead to WRC penalties, even if the request is ultimately declined.

Key takeaways for Irish SMEs:

Respond within four weeks : The 2023 Act gives employers a maximum of four weeks to respond to a formal remote working request. This may be extended to eight weeks only if the employee is notified within the initial four-week period.

Document your process : Keep clear, written records of remote work discussions and decisions. Informal arrangements aren’t enough under the new legislation.

Apply policies consistently : Perceived inconsistency in remote work policies can increase the risk of challenges, especially when some employees are allowed more flexibility than others.

Avoid ‘human error’ excuses : WRC adjudicators will expect a robust explanation for any delays or oversights. Process failures, even if accidental, won’t be accepted lightly.

Need Help Navigating the Remote Work Landscape?

As the remote and hybrid working landscape continues to evolve, so too do the risks for employers. The first WRC award under the Work Life Balance and Miscellaneous Provisions Act 2023 makes it clear: procedural compliance matters.

At MSS The HR People, we support Irish Companies in managing flexible work requests fairly and compliantly. From drafting policies to responding to formal applications, we help you stay one step ahead.

If you’d like support reviewing your remote work policies or preparing for future requests, get in touch, we’re here to help.

PH: 018870690 / info@mssthehrpeople.ie

How to Calculate Statutory Annual Leave in Ireland

tara@mssthehrpeople.ie (Tara Daly) — Thu, 12 Jun 2025 09:16:34 GMT

Annual leave entitlements are a fundamental part of every employee’s contract. But when it comes to calculating statutory annual leave, particularly for employees with variable hours, many employers are unsure of the rules.

In Ireland, annual leave is governed by the Organisation of Working Time Act 1997. The Act outlines how much paid leave employees are entitled to, depending on how and when they work.

Here’s what employers need to know.

The Statutory Entitlement

Under Irish law, employees are entitled to paid annual leave based on the time they work, up to a maximum of four working weeks per leave year.

The statutory entitlement applies to all employees, whether they’re:

Full-time or part-time,
Permanent, fixed-term, or temporary,
Working regular or variable hours.

If an employee works less than full time or for only part of the year, their leave is calculated on a pro-rata basis. Employers can always offer more generous contractual leave, but they must not go below the statutory minimum.

Three Ways to Calculate Annual Leave

There are three approved methods for calculating annual leave. Employers must use the most favourable option for the employee.

1. 1,365-Hour Rule (Full-Time Equivalent)

If an employee works at least 1,365 hours in a leave year, they qualify for the maximum of four working weeks of paid annual leave.

This method generally applies to full-time employees.

2. One-Third of a Working Week per Month (Capped at four weeks)

An employee who works at least 117 hours in a calendar month is entitled to one-third of their normal working week as annual leave for that month.

This method suits part-time workers with consistent hours.

3. 8% of Hours Worked (Capped at Four Weeks)

Employees with irregular or variable hours are entitled to 8% of the hours they work in a leave year, capped at four working weeks.

For example:

An employee works 1,000 hours in a year.
8% of 1,000 = 80 hours of annual leave .
If their average working week is 20 hours, that’s four weeks’ worth of leave.
If they work only 500 hours, they earn 40 hours — which may be less than four weeks , depending on their average week.

Important: The 8% rule is helpful for casual and variable-hours employees, but the cap of four weeks still applies. Employers must ensure they do not exceed the statutory maximum unless their contract or policy provides for more.

Public Holidays Are Separate

Public holidays are not included in annual leave calculations. Employees are entitled to public holiday benefits once they’ve worked at least 40 hours in the five weeks before the holiday.

The employer can choose to give:

A paid day off,
An extra day’s annual leave,
A paid day off within a month, or
An extra day's pay.

Keeping Track of Leave

Employers must keep records of:

Hours worked,
Leave accrued,
Leave taken.

These records should be retained for at least three years. Good recordkeeping is particularly important for variable hours employees.

A Note on Carryover

Statutory annual leave must generally be taken within the leave year, or in exceptional circumstances, within six months of the end of the leave year.

If the employee was unable to take the leave due to illness, they have up to 15 months from the end of the leave year to take it.

Need Support

At MSS The HR People, we work with Irish SMEs every day to manage leave entitlements, review employment contracts, and stay compliant with evolving employment legislation.

If you’re unsure about your approach to annual leave, especially for part-time or flexible workers, get in touch. We’re here to help.

Ph: 018870690 / Info@mssthehrpeople.ie

UK Supreme Court Ruling on the Legal Definition of "Woman”

tara@mssthehrpeople.ie (Tara Daly) — Tue, 13 May 2025 09:48:02 GMT

What does this mean for Irish and UK Employers

On 16 April 2025, the UK Supreme Court issued a major ruling in the case of For Women Scotland Ltd v The Scottish Ministers. The court confirmed that, for the purposes of the UK Equality Act 2010, the word “woman” refers to biological sex — not gender identity.

While this ruling is specific to the UK, it raises important questions for Irish employers too. As employment legislation and equality rights continue to evolve, understanding the legal distinctions between sex, gender identity, and legal gender is essential for maintaining inclusive and compliant workplaces.

What Does This Mean for Employers in Ireland?

Irish law is different. In Ireland:

Gender is self-declared — no medical diagnosis is needed to change legal gender.

“Gender” under Irish equality law includes gender identity and transgender status.

There’s currently no Irish case law defining “sex” for legal purposes.

Key Considerations for Irish Employers

Records & Documentation: Employees who have changed their legal gender are entitled to have their records updated.

Inclusion & Anti-Discrimination: Irish law protects against discrimination on the ground of gender, which includes gender identity.

Single-Sex Spaces: There is no clear Irish guidance yet — a case-by-case approach, guided by respect and legal advice, is best.

Gender Targets: If your organisation uses gender-based quotas or reporting, be clear whether these refer to legal gender or biological sex.

In Summary

This is a UK-specific ruling, but it’s a reminder for Irish employers to ensure that policies are inclusive, legally up-to-date, and respectful of all employees’ identities. If you're unsure how this affects your workplace, we’re here to help.

Contact us at info@mssthehrpeople.ie for practical, tailored advice.

Navigating Ireland's New Employment Permits System

tara@mssthehrpeople.ie (Tara Daly) — Tue, 13 May 2025 09:39:59 GMT

What Employers Need to Know

Ireland's employment landscape is evolving rapidly, with significant changes to the employment permit system that employers must be aware of. As of 28 ^th April 2025, the Department of Enterprise, Trade and Employment (DETE) launched a new online platform, 'Employment Permits Online' (EPO), replacing the previous system.

Key Features of the New EPO System

The EPO platform introduces several enhancements aimed at streamlining the employment permit application process:

Enhanced Security : The system incorporates two-factor authentication to ensure secure access for users.
Electronic Signatures : Applicants can now electronically sign documents, reducing the need for physical paperwork.
Application Tracking : Both employers and employees can track the status of their applications in real-time.
Centralised Portal : The platform serves as a one-stop portal for all employment permit applications, replacing the previous system.

Challenges and Considerations

While the new system offers improved features, employers should be mindful of potential challenges:

Initial Technical Glitches : As with any new system, users have reported technical issues, particularly during account creation and verification stages.
Processing Delays : Given the volume of applications and the transition to the new system, delays in processing employment permits are anticipated.
Pending Applications : Applications that were pending in the previous system have been migrated to the new platform. However, unsubmitted or draft applications were not transferred and must be re-entered into the EPO system.

Employer Responsibilities

Employers must take proactive steps to adapt to the new system:

Registration : Employers are required to register on the EPO platform, providing necessary documentation such as Revenue and Companies Registration Office (CRO) details.
Compliance with New Regulations : The Employment Permits Act 2024 emphasises strict compliance, with significant penalties for employing foreign nationals without valid permits, including fines up to €250,000 and imprisonment up to 10 years.

The transition to the new Employment Permits Online system marks a significant shift in Ireland's approach to managing employment permits. While the system offers enhanced features aimed at improving efficiency and security, employers must navigate initial challenges and ensure compliance with new regulations. Staying informed and proactive will be key to successfully adapting to these changes.

For personalised assistance with employment permit applications and compliance, feel free to contact our HR Team and we would be happy to help you.

Email: info@mssthehrpeople.ie Ph: 018870690

Living Wage Delay in Ireland

tara@mssthehrpeople.ie (Tara Daly) — Tue, 13 May 2025 09:36:58 GMT

A Temporary Relief for SMEs or Just Delayed Pressure?

The recent government announcement that Ireland’s national living wage implementation will be delayed from 2026 to 2029 has sparked mixed reactions with many small and medium-sized employers expressing relief, but also ongoing concern about what lies ahead.

At MSS The HR People, we support SMEs across all sectors who are already feeling the squeeze from rising labour, insurance, and energy costs. While fair pay is a goal shared by many employers, the pace and scale of change matter.

So what’s Changed?

Originally scheduled for full rollout by 2026, the living wage, which is set at 60% of the median wage (around €14.75/hour), will now be introduced gradually with a new target date of 2029. The current national minimum wage is €13.50, meaning many employers would have faced steep annual increases to meet the new threshold.

Enterprise Minister Peter Burke acknowledged that requiring an 8–9% increase in wages in a single year would place "significant cost burdens" on businesses, particularly in sectors with tight margins such as hospitality, retail, and care, where many SMEs operate.

Concerns from SMEs

Many of our clients in the SME sector have voiced real concern about the long term affordability of the living wage, especially in a fragile economic environment:

Profit Margins Already Under Pressure: Rising operational costs, combined with increased wage bills, may make it harder for SMEs to invest in staff development, innovation, or even remain viable.
Risk of Job Losses: Some small employers may be forced to cut hours, reduce headcount, or delay recruitment to afford wage increases.
Inflationary Impact: There are concerns that higher wages could further fuel inflation, driving up prices for consumers and making wage increases feel less impactful for employees.

What Should Employers Do Now?

While the delay provides breathing room, SMEs still need to plan strategically for future compliance with living wage requirements. Here’s how we can help:

Review Pay Structures: We can help you benchmark wages against industry standards and identify where adjustments may be needed over time.
Scenario Planning: Model the financial impact of phased wage increases so you can make informed decisions about resourcing and pricing.
Alternative Retention Strategies: Where wage increases aren't immediately feasible, we support employers in boosting retention through benefits, flexible work options, and strong internal communications.
Compliance & Risk Guidance: With regulations evolving, we’ll help ensure your pay practices align with both current and future employment law obligations.

A Balancing Act

While the government’s decision acknowledges the real financial strain on SMEs, the living wage is still coming, just on a longer timeline. For employers, the key is to act now, while there is still time to adapt gradually rather than face abrupt changes.

If your business is unsure how to prepare or is already feeling stretched, we’re here to help.

Talk to MSS The HR People for tailored, practical HR advice that understands the realities of running an SME.

Email: info@mssthehrpeople.ie Ph: 018870690

Auto-Enrolment Delayed

tara@mssthehrpeople.ie (Tara Daly) — Tue, 13 May 2025 09:33:17 GMT

What Employer’s Need to Know

After years of planning and anticipation, Ireland’s long-awaited Auto-Enrolment pension scheme has hit yet another delay. Originally expected to launch in January 2024, and then pushed to late 2024, the scheme is now not expected to go live until January 2026 at the earliest. For SMEs trying to plan ahead, the shifting timeline raises understandable frustration—and questions.

At MSS The HR People, we’re here to break down what’s going on, what it means for your business, and how to stay prepared in the meantime.

Why the Delay?

The auto-enrolment system is a major reform in how pensions are managed in Ireland. It’s designed to bring private-sector workers—especially those without an occupational pension—into a state-supported retirement savings plan by default.

However, delays have been attributed to:

Legislative complexity – Finalising the necessary legislation has taken longer than planned.
Operational setup – Establishing the Central Processing Authority (CPA) and the IT systems to run the scheme has proven more complex than anticipated.
Implementation risks – The government is wary of launching before all elements are fully tested, to avoid costly issues down the line.

When Will It Happen?

As of now, the Department of Social Protection has suggested a new start date of Q1 2026. This timeline remains tentative and subject to further adjustment.

What This Means for SMEs

For small and medium-sized employers, the delay offers both a reprieve and a responsibility:

1. More time to prepare

While some businesses were scrambling to be ready for a 2024 launch, the delay offers breathing room to:

Review existing pension offerings
Assess how auto-enrolment will affect payroll and administration
Budget for employer contributions (which are set to match employee contributions up to a cap)

2. A false sense of security

Some employers may see the delay as a reason to put planning on the back burner. This is a risk. Auto-enrolment will eventually be mandatory for eligible employees, and implementation will not be optional.

3. Increased employee questions

With more media coverage of the delay, you may face questions from staff about when it’s happening and whether they’re missing out on something. Clear communication and updated policies will be key.

HR Advice from MSS The HR People

As a HR partner to SMEs across Ireland, here’s our practical advice:

Stay informed – Keep an eye on our website where we will track updates from the Department of Social Protection and Revenue.

Audit your current pension arrangements – If you already offer a pension, check how it aligns with the planned scheme. You may already meet or exceed the proposed requirements.

Plan your payroll changes now – Auto-enrolment will require payroll deductions and employer matching contributions. Work with your payroll provider to understand the impact.

Communicate with employees – Even if the scheme is delayed, use this time to educate your team about pensions and financial wellbeing.

Don’t wait to act – Use the delay to your advantage. By planning now, you can avoid panic later.

If you’d like help reviewing your current policies or preparing for auto-enrolment, our team is here to support you.

Contact MSS The HR People today to arrange a consultation.

Email info@mssthehrpeople.ie Ph: 018870690

Understanding HR Advice: What It Is and How We Support Our Clients

tara@mssthehrpeople.ie (Tara Daly) — Thu, 01 May 2025 13:24:45 GMT

At MSS The HR People, we often get asked, “What exactly is HR advice?” It’s a great question — and one that cuts right to the heart of what we do every day for our clients.

What Is HR Advice?

HR advice is professional guidance provided to employers and managers on how to manage people in the workplace.

Whether you run a small business with a handful of employees or are a scaling SME with growing staffing needs, the right HR support can help you stay compliant, avoid costly mistakes, and build a high-performing team.

In this blog, we’ll break down what HR employer advice actually is, how to know when you need it, and what your options are for getting the right professional HR support - without hiring a full-time HR manager.

It spans everything from recruitment and onboarding to performance management, employee relations, and employment law compliance. Good HR advice helps businesses stay compliant, make informed decisions, and avoid costly pitfalls.

But more than that — great HR advice is practical, proactive, and tailored to your business needs.

Types of HR Advice We Offer

At MSS The HR People, we support clients with a broad range of HR issues. These include:

Employee Relations – Managing grievances, disciplinaries, investigations, or conflict resolution.
Performance & Conduct – Supporting managers with underperformance, absenteeism, or behavioural issues.
Contracts & Policies – Drafting or reviewing contracts, handbooks, and HR policies to ensure legal compliance.
HR Compliance – Advising on employment law updates and how to implement them in your business.
Probation & Onboarding – Helping clients manage probation periods effectively and set new hires up for success.
Redundancy & Restructuring – Providing guidance through challenging workforce changes.
Everyday Queries – Whether it’s questions on annual leave entitlements, sick pay, or flexible working, no query is too small.

What Do Clients Typically Contact Us For?

Clients contact us when they:

Need a second opinion or a clear interpretation of employment legislation.
Are unsure how to approach a difficult conversation or situation.
Want to ensure their HR practices are fair, consistent, and legally compliant.
Are looking to reduce HR risk while improving employee engagement and culture.
Have already worked out an approach and just want quick validation or a sounding board before taking action.
Simply want quick, professional HR advice on tap.

Why Is HR Advice Important?

Irish employment legislation is constantly evolving - with updates to minimum wage, statutory sick pay entitlements, and gender pay gap reporting introduced so far this year – and it’s only April!

Business owners are expected to keep up with these changes, ensure compliance, and handle any workplace issues appropriately.

Getting it wrong can be costly. A poorly handled disciplinary, a missing contract, or a misstep during a redundancy process can result in:

WRC (Workplace Relations Commission) complaints
Penalties or fines
Damaged reputation
Low staff morale or high turnover

HR advice ensures you don’t fall into these traps. Instead, it gives you the confidence to act decisively and fairly - whether you’re growing your team or managing a tough issue.

How Do I Know If I Need HR Advice?

Here are some of the most common signs that your business needs HR support:

1. You're Hiring or Growing Your Team

Bringing on employees is a big step for any business. It’s important to have compliant employment contracts, solid onboarding processes, and clear expectations. If you're unsure where to start or want to do things right from the get-go, expert HR advice can set you up for success.

2. You Don’t Have Written HR Policies

All employers should have clear policies in place such as an employee handbook, disciplinary procedure, grievance policy, absence management, and remote working guidelines. If you don’t have these in writing (or haven’t updated them in years), it’s time to get professional help.

3. You're Dealing with a Staff Issue

If you're facing challenges like persistent absenteeism, underperformance, or conflict between employees, it can be difficult to know how to handle it correctly. HR consultants can guide you through fair processes, help you document everything, and reduce your legal risk.

4. You Want to Avoid a WRC Complaint

If you’ve had a close call - or just want to make sure you're doing everything by the book - getting HR advice is a proactive way to protect your business and reduce the chance of ending up in front of the WRC.

Not all HR support is created equal however, so it’s important to work with a provider who delivers straightforward, practical advice tailored to your business size and sector.

The best HR Advice providers take a proactive (not just reactive) approach, providing practical tools like compliant templates, letters, and policies, along with training or coaching for managers when needed. Depending on your needs and budget, there are several ways to access HR support.

One-off HR advice is ideal if you're dealing with a specific issue, such as a staff dispute or restructure, and need expert guidance.
An HR health check or audit is a smart starting point if you're unsure about compliance, offering a full review of your contracts, policies, and procedures with a clear action plan.
For ongoing peace of mind, many businesses opt for outsourced HR support, giving them access to expert advice without the cost of hiring in-house. Retained HR consultancy offers regular, tailored support for businesses that are growing or managing complex employee relations on an ongoing basis.

How to Get Started

Start by assessing your current situation. Do you need help with a one-off issue, like a disciplinary meeting? Or are you looking for ongoing HR support for your business?

Make a list of your concerns: lack of policies, recruitment headaches, managing performance, or dealing with absence or sick leave. The more clarity you have, the more focused your consultant’s advice can be.

Ready to Take the Headache Out of HR?

As we have identified, getting HR advice isn’t just about avoiding fines - it’s about creating a better place to work, retaining great talent, and freeing you up to focus on growing your business.

At MSS – The HR People, we offer expert HR support for employers that’s clear, compliant, and commercial. From one-off consultations to fully outsourced solutions, we’re here to help you get HR right.

Ready to get started or just want to have a quick chat about your HR challenges?

Whether you’re an SME owner, a manager navigating a tricky staff issue, or an organisation looking to strengthen your HR framework, MSS The HR People is here to help.

Work Permits in Ireland: What Changed in 2024 and Why It Matters

tara@mssthehrpeople.ie (Tara Daly) — Tue, 08 Apr 2025 13:26:19 GMT

In 2024, Ireland implemented significant reforms to its employment permit and visa systems through the Employment Permits Act 2024. These changes aim to modernise the process, address labour market needs, and enhance flexibility for both employers and employees. If you currently employ, or plan to employ an employment permit or visa holder, it's crucial to understand these developments and their implications.

Key Changes Introduced by the Employment Permits Act 2024:

Revised Labour Market Needs Test (LMNT):

Employers are no longer required to advertise job vacancies in print media. Instead, vacancies must be posted on online platforms accessible to Irish and EEA citizens. However, postings on Jobs Ireland and EURES remain mandatory. This simplifies the process for employers, potentially speeding up the recruitment process.

Enhanced Mobility for Employment Permit Holders:

General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP) holders can now change employers after nine months, reduced from the previous 12-month requirement. GEP holders can move within the same occupation, while CSEP holders have broader flexibility across related roles.

Facilitated Internal Promotions and Transfers:

Permit holders can be promoted or internally transferred within the same company without needing a new employment permit, streamlining career progression and avoiding unnecessary administrative burdens for employers.

Introduction of the Seasonal Employment Permit (SEP):

A new permit allows non-EEA workers to engage in seasonal employment for up to seven months annually, supporting sectors like horticulture and agriculture. A pilot scheme was launched in February 2025. This is positive for employers who may otherwise struggle to recruit seasonal workers.

Updated Salary Thresholds:

Minimum salary requirements for various permits have been increased. For instance, the threshold for General Employment Permits rose from €30,000 to €34,000 in January 2024, with further increases planned later this year. Whilst this is increase is positive in that it ensures Migrant workers are earning a living wage, the increased threshold may lead to difficulties in recruitment and may also deter some employers from considering Work Permits.

Expanded Rights for Dependents:

Dependents of CSEP holders and certain researchers can now work in Ireland without needing a separate employment permit, enhancing family integration.

Implications for Employers:

Recruitment Flexibility: The revised LMNT and mobility provisions allow for a more streamlined hiring process and greater access to international talent.

Compliance Obligations: Employers must ensure adherence to the new advertising requirements and updated salary thresholds to remain compliant.

Strategic Workforce Planning: The introduction of the SEP provides opportunities to address seasonal labour demands effectively.

Implications for Employees:

Career Advancement: Enhanced mobility and promotion provisions offer greater opportunities for career development within Ireland.

Family Integration: Expanded work rights for dependents facilitate better family support and integration into Irish society.

These legislative changes reflect Ireland's commitment to creating a more flexible and responsive employment permit system, balancing economic needs with worker rights.

Need Support Navigating the Changes?

If you have questions about how the 2024 work permit and visa changes affect your business, or if you're unsure about compliance, recruitment strategies, or permit applications— we’re here to help .

Our team of HR and employment law experts can guide you through every step of the Work Permit process, ensuring you remain compliant while supporting your workforce needs.

Call or email us today 01 8870690, info@mssthehrpeople.ie

The Growing Need for Workplace Diversity

tara@mssthehrpeople.ie (Tara Daly) — Tue, 08 Apr 2025 13:17:20 GMT

Ireland is becoming an increasingly multicultural society, with one in five residents born abroad. However, while workplaces are seeing more diverse talent pools, true representation at senior levels is still a challenge.

The Current Landscape

Encouraging progress has been made in gender diversity—particularly in boardrooms. The number of women on boards of the top 20 listed companies has doubled in the past five years. However, broader workplace diversity remains an issue. Recent reports indicate that only half of employees feel their companies are representative of society at management levels.

Key Challenges

Ethnic Minority Representation: Many ethnic minority professionals continue to face barriers to career progression, particularly in leadership roles.
Disability Inclusion: Despite workplace accessibility initiatives, disabled individuals remain underrepresented in the workforce.
Gender Disparities: While strides have been made, industries like finance and tech still show significant gender gaps at senior levels. The introduction of gender pay gap reporting in Ireland is a significant step toward greater transparency. By requiring companies to publish gender pay data, this initiative highlights disparities and encourages organisations to take proactive measures to address them.

Steps Towards a More Inclusive Workforce

1. Commitment to Change – Companies need to adopt proactive diversity, equity, and inclusion (DEI) policies, ensuring hiring and promotion practices reflect a broader talent base .

Initiatives & Charters – Programs like the Women in Finance Charter and various industry-led DEI initiatives are helping to bridge gaps, but more widespread adoption is needed.
Employee Engagement & Training – Diversity training and mentorship programs can create more inclusive work environments, fostering career development for underrepresented groups.
Data-Driven Approach – Measuring diversity statistics and setting clear goals can help track progress and drive accountability. Gender pay gap reporting, in particular, provides valuable insights and holds companies accountable for wage disparities.

Looking Ahead

For businesses, improving workplace diversity isn’t just about compliance—it’s about fostering innovation, improving decision-making, and reflecting the diverse landscape of modern Ireland. A sustained, strategic approach will be crucial in making workplaces more inclusive and reflective of the country’s evolving demographics.

If you’d like support in developing diversity strategies tailored to your organisation, get in touch with us today!

Important Insights and Case Law on Public Holiday Entitlements

tara@mssthehrpeople.ie (Tara Daly) — Tue, 08 Apr 2025 13:15:35 GMT

As we navigate the complexities of Irish employment law, public holiday entitlements continue to be a topic of interest and sometimes uncertainty.

In this article, we've compiled recent case law and key rulings that provide valuable insights into your obligations and rights regarding public holidays. These cases will help clarify common questions and ensure that your policies align with the latest legal standards.

Failing to Pay Public Holiday Entitlements? It Could Cost More Than You Think!

Full case available here:

https://www.workplacerelations.ie/en/cases/2024/november/adj-00044754.html

This case is a strong example of how the Workplace Relations Commission (WRC) can exercise its authority not only to ensure an employer pays outstanding statutory entitlements but also to award additional compensation for breaches of employment rights.

Both parties agreed that the Complainant had not been paid for four public holidays. Under Section 27(c) of the Organisation of Working Time Act, the adjudicator has the power to order an employer to pay compensation that is "just and equitable" in the circumstances, up to a maximum of two years' remuneration.

While the Respondent acknowledged the breach and calculated the unpaid wages as €361.60, the adjudicator determined that this amount alone was insufficient. Emphasising the seriousness of the breach—particularly given that public holiday entitlements are clearly outlined in legislation—the adjudicator awarded the Complainant €1,000 in total.

This decision reinforces that failing to comply with well-established statutory entitlements can result in financial penalties beyond simply repaying what is owed, highlighting the WRC’s commitment to upholding employee rights.

When Public Holiday Entitlements may not apply

Full Case available here:

https://www.workplacerelations.ie/en/cases/2025/january/adj-00050728.html

This case is an interesting example of how public holiday entitlements may not apply under the Organisation of Working Time Act.

The Complainant alleged that he had not received payment for his public holiday entitlement for several years prior to his resignation on 12 ^th February 2024. In response, the Respondent argued that the Complainant had been absent from work for a significant period (2022) before his resignation and, as a result, had not accrued any entitlement to public holiday pay during that time.

Under the Act, the Third Schedule specifies that an employee retains entitlement to public holiday pay for up to 26 weeks of absence or up to 52 weeks if the absence is due to a certified work-related illness. In this case, the Complainant was on certified sick leave until January 27, 2023. Given the applicable cognisable period for the complaint, it was determined that the Complainant had not accrued public holiday entitlements within that timeframe. Consequently, the complaint was deemed not well-founded.

This case underscores the importance of understanding the statutory conditions under which public holiday entitlements apply, particularly concerning extended absences from work.

Labour Court Rules 'On-Call' Time Doesn't Automatically Qualify as Working Time for Public Holiday Entitlements

Full case available here:

https://workplacerelations.ie/en/cases/2024/may/dwt2415.html

This is an interesting case in that The Labour Court reviewed the appeal of Mater Misericordiae University Hospital regarding an employee, Adrian Stefan, who was on call during public holidays (March 18, 2022, and June 6, 2022). Stefan argued that his "on-call" time should count as "working time" under the Organisation of Working Time Act, making him eligible for public holiday entitlements.

The Court considered EU jurisprudence on "on-call" duty, concluding that time spent on-call doesn't automatically qualify as working time unless significant constraints limit personal activities.

The Court ruled in favour of the employer, as the employee was not called in on the public holidays.

This case highlights that employers should consider whether the employee is restricted from engaging in personal activities during on-call periods, when determining whether on-call work is deemed working time.

For any queries in relation to Public Holiday entitlement, don’t hesitate to get in touch with the team at MSS-The HR People. PH: 01 8870690 info@mssthehrpeople.ie

Investing in Leadership: How Executive Candidate Coaching Supports SME Success

tara@mssthehrpeople.ie (Tara Daly) — Tue, 08 Apr 2025 13:11:01 GMT

Hiring a senior leader in a small or medium-sized enterprise is a critical decision—one that can shape the future of your organisation. At MSS The HR People. we offer Executive Candidate Coaching to help SMEs set up their executive hires for success, ensuring alignment, impact, and long-term growth.

Why Executive Candidate Coaching Matters for SMEs

Unlike larger organisations with layers of leadership, every executive in an SME plays a visible, hands-on role. A strong appointment can accelerate innovation and growth; a misstep can be costly. That’s why more SMEs are turning to coaching as part of the hiring process—not just for development, but as a strategic tool for better decision-making.

What is Executive Candidate Coaching?

Executive Candidate Coaching is a bespoke coaching engagement designed for candidates shortlisted for or newly appointed to senior roles. It helps clarify their leadership approach, understand your company’s culture and goals, and position them for immediate and lasting success.

In SMEs, this coaching often focuses on:

Aligning personal leadership style with business vision
Navigating change and growth with agility
Building strong relationships across leaner teams
Driving results while staying connected to company values

The Business Case for Coaching in Executive Recruitment

For SMEs, every hire counts—and so does every euro. Coaching adds value by:

Supporting better hiring decisions : Through reflective conversations, candidates gain insight into whether the role and culture are right for them—and vice versa.
Reducing costly turnover : Coaching supports a smoother transition and stronger early engagement, lowering the risk of misalignment and early exits.
Enhancing employer brand : Offering coaching shows candidates you’re serious about leadership, which can help you attract high-quality talent.
Accelerating performance : Candidates start stronger and contribute sooner, which is vital in fast-moving SME environments.

When Should Coaching Be Offered?

Coaching can be introduced at two key points:

During final selection – to support candidates (and employers) in making the right decision.
At onboarding – to help the new executive integrate quickly, build key relationships, and gain early wins.

A Partnership Approach

At MSS The HR People we work closely with both employers and candidates to ensure that Executive Candidate Coaching is practical, personalised, and aligned with your business goals. We understand that in SMEs, leadership isn’t just strategic—it’s personal. Our coaches bring insight, structure, and support to make sure your next executive hire hits the ground running.

If you want to learn more don’t hesitate to get in touch: Ph: 01 8870690 info@mssthehrpeople.ie

Supporting Employees During Ramadan: A Guide for Inclusive Workplaces

tara@mssthehrpeople.ie (Tara Daly) — Wed, 12 Mar 2025 14:33:52 GMT

Each year, millions of Muslims around the world observe Ramadan, a sacred month of fasting, prayer, and reflection in the Islamic calendar. This period of spiritual devotion, which runs from the evening of 28 February 2025 to 30 March 2025, culminates in the celebration of Eid al-Fitr.

For Muslim employees, Ramadan is a deeply significant time, and thoughtful workplace support can contribute to a more inclusive and respectful environment. Small but meaningful adjustments can ensure employees feel valued and empowered to balance their religious observances with their professional responsibilities.

Here are some practical steps employers can take to support their teams during Ramadan:

1. Offer Flexibility with Working Hours

Fasting from dawn to sunset can impact energy levels, particularly later in the day. Where possible, consider offering flexible hours, adjusted start and finish times, or remote working options. Some employees may prefer an earlier start to finish in time for iftar (the evening meal), while others may need later mornings due to late-night prayers. Providing this flexibility can help employees maintain their productivity while observing their faith.

2. Provide a Quiet Space for Prayer

Prayer is an essential part of daily life for Muslims, with five prayers observed at specific times throughout the day. During Ramadan, many also take part in additional prayers. Employers can support their employees by ensuring there is a quiet, private space available for prayer, such as a designated room or an unused office.

3. Plan for Annual Leave Requests for Eid

Eid al-Fitr, marking the end of Ramadan, is one of the most significant celebrations in Islam. Many employees will request time off to spend the day with family and friends, so planning ahead and accommodating leave requests where possible will help maintain smooth operations while supporting employees in celebrating this important occasion.

4. Be Mindful of Workloads and Energy Levels

Fasting can affect concentration and energy, particularly in the afternoon or during long workdays. Employers can help by scheduling more demanding tasks earlier in the day, avoiding unnecessary meetings, and being mindful of employees’ needs. Simple adjustments to expectations and workloads can make a significant difference in helping employees manage their responsibilities effectively.

5. Foster Awareness and Understanding

Encouraging open conversations about Ramadan can promote a more inclusive and respectful workplace. Simple gestures, such as acknowledging Ramadan, sharing educational resources, or inviting employees to share their experiences, can enhance awareness and create a culture of support. It’s also important to recognise that not everyone observing Ramadan will fast, so assumptions should be avoided.

6. Recognise and Celebrate Eid

Acknowledging Eid in the workplace is a great way to show support and appreciation. A simple "Eid Mubarak" (Happy Eid) in a team meeting, email, or company announcement can go a long way in making employees feel valued. Organisations can also mark the occasion with an internal message or small celebration to foster inclusivity.

By making small yet impactful adjustments, employers can create a supportive environment where all employees feel respected and included. Thoughtful consideration of religious observances like Ramadan strengthens workplace culture and contributes to a more engaged and diverse team.

For any queries, don’t hesitate to get in touch with the team at MSS-The HR People.

New Minimum Pay and Pension Rates for the Construction Sector

info@mssthehrpeople.ie (MSS HR) — Wed, 12 Mar 2025 13:58:01 GMT

Updated Minimum Pay and Pension Rates for the Irish Construction Sector in 2025

In November 2024, Minister of State for Business, Employment and Retail, Emer Higgins, approved a Labour Court recommendation to adjust minimum pay rates, pension contributions, and sick pay entitlements for workers in the Irish construction industry. This Sectoral Employment Order (SEO) is set to take effect on August 5, 2025, introducing a 3.4% increase in minimum hourly rates across various categories, with an additional 3.2% raise scheduled for August 2026.

There are 2 criteria which decide who is covered:

· The employer must operate in the construction sector, and

· It applies to employees who work in the sector and defines their roles into specific classes, as set down below.

The SEO defines what activities place an employer within the construction sector and what experience and qualifications place a worker in a particular employee class.

Revised Minimum Hourly Rates Effective August 5, 2025:

Definitions:

Craftsperson : Qualified tradespersons, including Bricklayers, Carpenters, Electricians, and Plumbers.
Category A Worker : Skilled General Operatives with over four years of experience, such as Steel Fixers and Crane Drivers.
Category B Worker : General Operatives with more than two years of experience.

Apprentice Minimum Rates:

Pension Contribution Rates Effective August 5, 2025:

Pension Contribution Rates Effective 01 August 2026

Additional increase will also be applicable for both employer and employee Sick Pay contributions.

These adjustments aim to enhance the attractiveness of the construction sector as a viable career option and ensure fair compensation for workers, thereby supporting the industry's growth and stability.

For further guidance and support, please contact our HR Support team, and we will be happy to assist you.

The EU Commission Guidelines on Prohibited AI Practices

tara@mssthehrpeople.ie (Tara Daly) — Wed, 12 Mar 2025 09:19:48 GMT

On February 4, 2025, the European Commission released draft guidelines clarifying prohibited AI practices under the EU Artificial Intelligence (AI) Act. These guidelines aim to ensure the consistent and effective application of the AI Act across the European Union. While non-binding, they offer valuable insights into the Commission's interpretation of prohibited practices.

Key Prohibited AI Practices and Employer Risks

The AI Act identifies certain AI practices as posing unacceptable risks to fundamental rights and European values. Notable prohibitions include:

1. Manipulative Techniques

Prohibition: AI systems that deploy subliminal or purposefully manipulative techniques, distorting an individual's behaviour without their awareness, leading to decisions they would not have otherwise made, and causing or likely causing significant harm.

Example: Some AI-powered recruitment platforms claim to predict a candidate’s job suitability based on their facial expressions or voice tone during video interviews. If these systems use subliminal nudges to influence the recruiter’s perception or decision-making, they could fall foul of the AI Act.

2. Exploitation of Vulnerabilities

Prohibition: AI systems that exploit vulnerabilities of individuals or specific groups due to age, disability, or social or economic situations, materially distorting their behaviour in a manner that causes or is likely to cause significant harm.

Example: An AI-driven job-matching tool that intentionally steers lower-income applicants towards low-paying roles, based on assumptions about their socioeconomic status, would be considered exploitative under the Act. Similarly, AI screening tools that disadvantage candidates with disabilities by misinterpreting speech patterns or movement in video interviews could violate the law.

3. Social Scoring

Prohibition: AI systems that evaluate or classify individuals based on their social behaviour or predicted personal characteristics, leading to detrimental or unfavourable treatment unrelated to the original context of data collection, or treatment that is unjustified or disproportionate.

Example: If an employer uses an AI system to analyse employees’ social media activity and assigns them a risk score influencing promotions or disciplinary action, this would be a clear case of unlawful social scoring. Similarly, AI-powered tools that assess employee performance based on personal lifestyle choices, such as credit scores or location tracking outside work hours, could breach the AI Act.

4. Emotion Recognition in the Workplace

Prohibition: AI systems designed to infer emotions of individuals in workplace settings, except where intended for medical or safety purposes.

Example: Some companies deploy AI tools to monitor employees' facial expressions during meetings or track their tone of voice in customer service calls to assess engagement or stress levels. Such systems, if not strictly used for medical or safety reasons, would be prohibited under the AI Act.

Implications for Employers

Employers utilising AI systems must assess their practices to ensure compliance with the AI Act. Key considerations include:

Review AI Systems : Evaluate current AI tools, especially those used in recruitment, employee monitoring, and decision-making processes, to ensure they do not employ prohibited practices.
Policy Updates : Revise internal policies to reflect the prohibitions outlined in the AI Act, ensuring that AI deployments align with ethical standards and legal requirements.
Training and Awareness : Educate HR professionals and relevant staff about the AI Act's provisions, emphasising the importance of ethical AI use and the potential risks associated with non-compliance.
Vendor Management : Ensure that third-party AI service providers comply with the AI Act, incorporating compliance requirements into contracts and conducting regular audits.

Enforcement and Penalties

The AI Act establishes a comprehensive framework for AI governance. Non-compliance can result in significant penalties, including fines up to €35 million or 7% of annual global turnover for serious breaches .

Conclusion

The European Commission's guidelines on prohibited AI practices under the AI Act underscore the EU's commitment to ethical AI deployment. Employers must proactively assess and adjust their AI systems and policies to align with these guidelines, ensuring the protection of individual rights and maintaining public trust in AI technologies. By taking these steps now, businesses can avoid potential legal risks and foster a fair and compliant AI-driven workplace.

Upcoming Changes to Equality Legislation: What Employers Need to Know

tara@mssthehrpeople.ie (Tara Daly) — Tue, 11 Mar 2025 16:31:28 GMT

The Irish Government has introduced the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024, bringing important updates to employment and equality laws. This Bill proposes key amendments to the Employment Equality Act 1998 and the Equal Status Act 2000, aiming to strengthen workplace protections, increase transparency in recruitment, and improve access to justice for individuals facing discrimination.

At MSS – The HR People, we want to ensure our clients stay ahead of these changes and understand how they may impact employers.

Key changes employers should be aware of

1. Greater Transparency in Recruitment & Pay

Employers will need to ensure job criteria are justified, necessary, and proportionate to the role.
Salary details will need to be included in job advertisements to help reduce pay disparities, including the gender pay gap.
Employers will no longer be able to ask candidates about past salaries, helping to prevent pay inequality from carrying forward.

2. Extended Timeframes for Discrimination Complaints

The deadline for lodging a discrimination complaint with the Workplace Relations Commission (WRC) will increase from 6 months to 12 months, with a possible extension to 18 months in certain cases.
This change acknowledges the barriers individuals—especially from marginalised groups—face in seeking redress.

3. Recognition of Intersectional Discrimination

The Bill explicitly recognises intersectional discrimination, where individuals face bias on multiple grounds (e.g., race and gender).
This strengthens protections and ensures a more inclusive approach to workplace equality.

4. Targeted Recruitment Initiatives for Underrepresented Groups

Employers will be permitted to implement positive action measures, such as targeted recruitment campaigns, to support underrepresented groups, including people with disabilities.

5. Updates to Equal Status Complaints & Compensation Limits

Equal status complaints involving licensed premises will be handled by the WRC, making resolution simpler and more accessible.
Compensation limits under the Equal Status Act will increase, ensuring penalties are effective and in line with EU standards.
Adjudicators will have clearer guidelines on awarding compensation, promoting fairness and consistency.

What’s Next?

The Bill is still moving through the legislative process before becoming law. Once enacted, it will introduce new compliance obligations for employers, making it essential to review recruitment policies, pay practices, and workplace equality measures.

At MSS – The HR People, we’re here to help you navigate these changes with expert advice and practical solutions.

Get in touch with our team to discuss how these updates might affect your business!

A Reminder for St. Patrick’s Day : Public Holiday Pay & Entitlements:

tara@mssthehrpeople.ie (Tara Daly) — Tue, 11 Mar 2025 16:31:04 GMT

With St. Patrick’s Day approaching, it’s a good time for employers to ensure they are correctly applying public holiday pay and entitlements in line with the Organisation of Working Time Act.

Here’s a refresher on what you need to know to stay compliant.

Who is Entitled to Public Holiday Benefits?

All employees, including full-time, part-time, and casual workers, are entitled to public holiday benefits and, in the case of part time workers, provided they have worked at least 40 hours in the five weeks leading up to the holiday.

What Are the Entitlements?

Employees who qualify are entitled to one of the following:

A paid day off on the public holiday
An additional day’s pay
A day off within a month of the public holiday
An extra day of annual leave

How to Calculate Pay for Public Holidays

Full-Time Employees: If they normally work on the day the public holiday falls, they should receive a paid day off,

or,

If required to work the public holiday, should receive double pay, or basic pay plus one of the entitlements listed above

or,

If they do not normally work that day, they should still receive one of the entitlements listed from 2 – 3, above.

Part-Time Employees (provided they meet the 40 hour threshold): If they normally work on the day the public holiday falls, they should receive a paid day off,

or,

If required to work the public holiday, should receive double pay, or basic pay plus one of the other entitlements listed above

or,

If they do not normally work that day, they should still receive one of the entitlements listed from 2-4, above. Whether you choose to pay your employee an additional days pay or give time in lieu, this should be based on the calculation of one fifth of their working week.

Employees with No Fixed Working Days: If an employee’s schedule varies, their entitlement is based on the average hours worked in the previous 13 weeks.

Managing St. Patrick’s Day for Your Workforce

Advance Planning: Ensure employees are informed about their entitlements well in advance.
Roster Considerations: If your business remains open on St. Patrick’s Day, plan your roster accordingly and communicate any alternative days off where applicable.
Payroll Adjustments: Ensure payroll calculations correctly reflect any additional public holiday pay.

If you have any specific questions about public holiday pay calculations, our Team are happy to help.

The Power of Outplacement: Helping Employees Transition While Protecting Your Brand

tara@mssthehrpeople.ie (Tara Daly) — Tue, 11 Mar 2025 09:22:50 GMT

Business leaders understand that change is inevitable. As organisations adapt to evolving workforce needs, they often face the complex challenge of restructuring which can in some cases, lead to employee redundancies.

Managing these transitions with empathy and strategic foresight is crucial, not only for the well-being of departing employees but also for maintaining the morale and productivity of the remaining workforce. This is where outplacement services come into play.

What is Outplacement?

Outplacement refers to support services provided by organisations to exiting employees to help them transition to new job opportunities after redundancy or termination. These services typically include career coaching, resume writing assistance, interview preparation, job search strategies, and emotional support. The primary goal is to equip displaced employees with the tools and confidence needed to secure new employment promptly.

The Importance of Outplacement Services

Incorporating outplacement services into your organisational strategy is not merely a response to redundancy; it's a proactive measure that reflects a commitment to your employees' futures and the long-term health of your business.

Supporting Affected Employees

The prospect of redundancy can be both upsetting and life-changing for an employee. Outplacement services offer a structured approach to help individuals navigate this challenging period. By providing personalised programmes that may include help writing resumes and cover letters, navigating job boards, honing interviewing skills, networking, and negotiating salaries, employees are better prepared for future employment opportunities.

2. Protecting the Employer's Brand and Reputation

How an organisation handles redundancies can significantly impact its public image. Providing outplacement services demonstrates a commitment to employee welfare, even during difficult times. This compassionate approach can enhance the company's reputation, making it more attractive to potential hires and customers.

Maintaining Morale and Productivity

Redundancies can create uncertainty and anxiety among remaining employees. By offering outplacement services, businesses show that they value their staff, which can help maintain morale and productivity. Employees are more likely to remain engaged and loyal when they see their employer acting responsibly and ethically.

Reducing Legal Risks

Providing support during layoffs can also mitigate potential legal challenges. Employees who feel supported are less likely to pursue legal action against the company, reducing the risk of costly and time-consuming disputes.

Additionally, outplacement programmes enhance operational efficiency by enabling organisations to manage workforce transitions more effectively. With career coaching, job search support, and networking opportunities provided by external specialists, in-house HR teams and managers can focus on their core responsibilities rather than being overwhelmed by the complexities of redundancies.

Implementing Effective Outplacement Services

To maximise the benefits of outplacement services, a business should consider the following best practices:

Personalised Support

Each employee's career path and aspirations are unique. Offering personalised support, such as one-on-one coaching sessions, can address individual needs effectively. This tailored approach increases the likelihood of successful job placements.

Comprehensive Resources

Outplacement programmes should provide a range of resources, including resume and cover letter writing assistance, interview preparation, job search strategies, and access to job boards. Equipping employees with these tools enhances their competitiveness in the job market.

3. Continuous Feedback and Improvement

Regularly assessing the effectiveness of outplacement services through feedback from participants can guide improvements and ensure the program meets the evolving needs of employees.

Conclusion

Outplacement services are a vital component of responsible and strategic human resource management. They offer tangible benefits to both employees and employers, from supporting affected staff in their career transitions to safeguarding an organisation's reputation and operational efficiency. By investing in comprehensive outplacement programs, companies not only fulfil their ethical obligations but also position themselves for sustained success in an ever-evolving business landscape.

For those seeking to implement or enhance their outplacement services, partnering with experienced providers like MSS - The HR People can ensure a compassionate and effective approach to workforce transitions. With over 35 years’ experience advising and supporting Irish businesses across all sectors, MSS offers tailored outplacement support designed to prepare individuals for future employment opportunities.

The Automatic Enrolment Retirement Savings System Act 2024, signed into law

tara@mssthehrpeople.ie (Tara Daly) — Wed, 12 Feb 2025 15:10:28 GMT

The Automatic Enrolment Retirement Savings System Act 2024, signed into law by the President, will introduce a new auto-enrolment pension scheme, called Future Fund, and will commence on 30th September 2025. This scheme will target workers who are not currently in a pension plan and will establish the National Automatic Enrolment Retirement Savings Authority, overseen by the Department of Social Protection. Tata Consultancy Service (TCS), a global IT service provider with a significant presence in Letterkenny, Ireland, will manage the system.

Key provisions of the Act will include conditions for enrolment based on age, employment status, and an earnings threshold of €20,000 annually. Employees aged between 23 and 60 will be enrolled if their total gross pay meets or exceeds this threshold. The Authority will assign the enrolment date and notify employers, who must inform the concerned employees. Failure to notify employees will be considered an offence.

After employees are enrolled, they must stay in the pension scheme for at least 6 months. If they opt-out 6 months after they have been enrolled, their contributions will be refunded.

Employees who previously opted out will be able to re-apply to opt in. However, where an employee opts out or suspends their contributions, they will be automatically re-enrolled after 2 years if they are still eligible for the scheme. However, where they have an alternative pension plan, they won’t be re-enrolled.

The Authority will also periodically re-enrol employees who meet certain conditions, ensuring they reconsider their participation in the pension scheme.

Where employees earn less than €20,000 per year, or are not aged between 23 and 60, they can choose to join the pension scheme if they are not already part of a pension plan.

Employers will be responsible for calculating and paying contributions for participants based on notifications from the Authority. The contribution rates for participants, employers, and the State will increase progressively over different employment periods, starting at 1.5% for participants and employers, and 0.5% for the State in the first three years, and rising to 6% for participants and employers, and 2% for the State after nine years.

If an employee changes jobs after being automatically enrolled, they will not need to change their pension or join a new scheme. The employee will remain a member of the auto-enrolment scheme on a 'pot-follows-the-member' basis. No action will be required on their part, as the new National Automatic Enrolment Retirement Savings Authority will manage the transition.

Employers will need to adapt to these changes, considering whether to use the government’s auto-enrolment model or adapt their existing schemes. They will not be able to automatically enrol employees into their own pension plans without consent, which could present challenges.

Employers are strongly advised to review their systems in conjunction with payroll, pension, and HR providers before auto-enrolment takes effect in September 2025. Planning for these changes should begin as soon as possible to ensure a smooth transition.

For any queries, employers get in touch with the team at MSS-The HR People.

A Guide to Fair and Impartial Workplace Investigations

tara@mssthehrpeople.ie (Tara Daly) — Wed, 12 Feb 2025 10:29:11 GMT

Workplace investigations are essential for maintaining integrity, trust, and a positive work environment within organisations. In Ireland, conducting these investigations requires adherence to specific legal frameworks and best practices to ensure fairness and compliance.

This blog delves into the key aspects of workplace investigations, offering guidance on initiating and conducting them effectively.

Legal Framework Governing Workplace Investigations in Ireland

In Ireland, employees possess constitutional rights to natural justice and fair procedures.

To provide structured procedures for handling grievances and disciplinary matters, the Code of Practice on Grievance and Disciplinary Procedures was introduced in 2000. This Code sets down guidelines for the compliance of procedures with natural justice and fair procedures, ensuring:

· Fair examination and processing of employee grievances.

· Presentation of detailed allegations or complaints to the concerned employee.

· Provision for the employee to respond fully to such allegations.

· Opportunity for the employee to be represented during the procedure.

· A fair and impartial determination of the issues, considering all representations and relevant evidence.

Further Codes of Practice addressing workplace bullying and harassment were published in 2021 and 2022, respectively. These codes are admissible in evidence before courts, the Workplace Relations Commission (WRC), and the Labour Court.

Initiating a Workplace Investigation

A workplace investigation typically commences when an incident occurs that the organisation deems potentially inappropriate or a breach of its policies. Common triggers include:

· Complaints against an employee regarding performance or conduct.

· Complaints from employees, clients, or third parties concerning an employee.

· Allegations of bullying, harassment, or sexual harassment.

Before initiating an investigation, it's crucial to have a well-defined plan and a clear Terms of Reference outlining the investigation's scope, objectives, and procedures. This ensures that the process remains focused and transparent.

The investigator in a workplace investigation can be either internal or external to the organisation, depending on the circumstances and the complexity of the case.

Internal Investigators

Organisations often appoint internal investigators, particularly for routine or less complex cases. Internal investigators are typically members of HR or senior management trained in conducting investigations.

Advantages of Internal Investigators:

Cost-Effectiveness: Internal investigators do not incur the additional fees associated with external consultants.
Familiarity with the Organisation: They have a deeper understanding of the company’s culture, policies, and procedures, which can aid in the investigation process.
Confidentiality: Keeping the investigation in-house may reduce the risk of sensitive information being shared outside the organisation.

However, there are challenges with Internal Investigators:

Bias and Impartiality: There is a potential for perceived or actual bias, especially if the investigator has prior interactions with the parties involved.
Lack of Expertise: Internal investigators may lack specialised training for complex cases, such as those involving harassment or discrimination.

External Investigators

In more complex, sensitive, or high-stakes cases, organisations often engage external investigators. These are typically legal professionals, HR consultants, or specialised investigators.

Advantages of External Investigators :

Impartiality: External investigators bring objectivity and are free from internal influences.
Expertise: They are usually well-versed in employment law, investigative techniques, and handling sensitive matters.
Credibility: Their involvement may enhance the credibility of the investigation, especially if challenged in court or by regulatory bodies.

As with Internal Investigators, there are some drawbacks to engaging with External Investigators, including:

Cost: Hiring external experts can be more expensive than using internal resources.
Familiarity: They may lack an understanding of the organisation’s culture and internal dynamics.

As a general guide, Internal Investigators are suitable for minor infractions, when there is no risk of bias, and the organisation has trained personnel. Meanwhile, External Investigators are recommended for serious allegations such as bullying, harassment, or discrimination, or when internal bias might be perceived.

Conducting the Investigation

The appointed investigator should conduct the process with integrity, fairness, impartiality, and respect.

Key steps include:

1. Gathering Evidence : Collect all relevant information, including documents, emails, and any physical evidence pertinent to the case.

2. Interviewing Witnesses : Identify and interview individuals who may have information related to the allegations. Ensure that interviews are conducted confidentially and that witnesses are protected from retaliation.

3. Documenting Findings : Maintain detailed records of all interviews and evidence collected. This documentation will be crucial for the investigation report and any subsequent proceedings.

Throughout the process, it's imperative to adhere to the principles of natural justice, ensuring that the accused employee has the opportunity to respond to allegations and that the investigation is conducted without bias.

Role of the Workplace Relations Commission (WRC)

The WRC is the National body tasked with handling employment law-related claims, including unfair dismissal. If an employee believes that an investigation was conducted unfairly or that their rights were violated, they may seek recourse from the WRC. The WRC provides mechanisms for resolving such disputes and ensures that employment laws are upheld.

Common Pitfalls and Risks

Poorly conducted investigations can expose organisations to significant financial, legal, and reputational risks.

Common mistakes include:

· Lack of pre-investigation planning.

· Absence of a clear Terms of Reference.

· Failure to adhere to fair procedures and natural justice principles.

· Inadequate documentation of the investigation process.

To mitigate these risks, businesses should ensure that their investigation procedures are robust, transparent, and in line with legal requirements.

Conclusion

Workplace investigations are a critical component of maintaining a fair and respectful work environment in Ireland. By adhering to established legal frameworks and best practices, organisations can address issues effectively, uphold employees' rights, and foster a culture of trust and integrity.

MSS – The HR People: Your External Experts

Workplace investigations can be complex. At MSS, we have a wealth of experience working with businesses, the WRC and the Labour Court. We provide objectivity and impartiality, ensuring that the investigation is conducted thoroughly and fairly. We also work closely with you, the business owner to navigate the legal intricacies thereby reducing the risk of potential challenges.

To learn more about our employer representation service, visit https://www.mssthehrpeople.ie/employer-representation or contact us today at info@mssthehrpeople.ie

Navigating Remote Work Abroad: Key Considerations for Irish Employers

tara@mssthehrpeople.ie (Tara Daly) — Wed, 12 Feb 2025 10:29:10 GMT

As remote work continues to reshape modern employment, Irish employers are increasingly faced with requests from employees to work abroad. While these arrangements offer flexibility, they also present complex challenges across tax, social security, immigration, and employment law. Addressing these issues proactively is essential to minimising risks and ensuring compliance. This guide summarises the critical factors to consider and outlines practical steps for employers to navigate the intricacies of remote work abroad effectively.

Tax and Social Security Implications

Income Tax : If an employee temporarily works abroad but resides in Ireland, income tax is usually deducted under PAYE. However, complications arise if the employee stays abroad for an extended or indefinite period or if they aren’t registered with Irish Revenue.

· The 183-day rule: Spending 183 days in a foreign country often triggers tax residency and employer withholding obligations.

· Double Tax Treaties (DTT): Ireland has DTTs with 73 countries. Under these treaties, short stays abroad might exempt employees from local income tax, but obligations like local employer registration may still apply.

2. Social Security : Social security is generally tied to where work is physically performed. Special rules apply for cross-border workers within the EU, UK, and countries with reciprocal agreements with Ireland.

· Employees posted within the EU can remain under Ireland’s PRSI system for up to 24 months.

· Outside the EU and UK, liability depends on local agreements and rules.

Employment Law and Data Privacy

Employment Protections : Employees working abroad may acquire local mandatory employment rights, including minimum pay, holidays, and termination protections.

· Extended stays may require transitioning employees to local contracts to ensure compliance.

Data Protection : Employers must comply with GDPR when transferring personal data. This includes implementing technical measures like updated software and secure data storage.

Immigration and Regulatory Compliance

Immigration : Employees must ensure they have the appropriate visas or permissions to work in the host country. Short business visits might not require immigration permissions, but longer stays typically do.
Regulated Roles : For regulated industries, approvals from governing bodies might be necessary when employees work from abroad.

Confidential Information and Health & Safety

Confidentiality : Ensure employees safeguard company data by using secure devices and avoiding work in public places.
Health & Safety : Employers must provide a safe work environment, even when employees are abroad, and comply with local health and safety requirements.

Minimising Risks: Practical Steps

Approve requests only for roles that can be effectively performed remotely and lawfully in the host country.
Limit approvals to short, defined periods with clear documentation.
Seek expert local advice on tax, social security, and legal obligations.
Address potential impacts on employee benefits, such as pensions and healthcare.
Define clear terms for remote work, including:

· Responsibility for additional taxes or declarations.

· Applicable employment laws and jurisdictions.

· Restrictions on employee authority to enter contracts in the host country.

· Ownership of intellectual property created during employment.

Conclusion

Navigating the intricacies of remote work abroad is far from straightforward. From tax and social security obligations to compliance with local employment laws and data protection regulations, each request brings a unique set of challenges that can quickly become overwhelming. Missteps in these areas can lead to significant legal, financial, and reputational risks for employers.

At MSS the HR People we understand the complexities involved and offer tailored solutions to help Irish employers confidently manage remote work arrangements abroad. With our expert guidance, you can ensure compliance, protect your business, and provide your employees with the flexibility they value. Contact us today to discuss how we can support your company in addressing these challenges effectively.

Soft Quitting: A New Challenge for Employers and HR Teams

amanda@mssthehrpeople.ie (Amanda Scully) — Wed, 12 Feb 2025 10:29:05 GMT

In recent years, workplace trends have shifted significantly, and "soft quitting" has emerged as a concerning development for employers. Unlike "quiet quitting," where employees do the bare minimum to meet job expectations, soft quitting occurs when employees emotionally disengage from their work. While their output may remain steady, the quality and enthusiasm they bring to their roles decline, creating long-term challenges for organisational culture and productivity.

What is Soft Quitting?

Soft quitting, as described by workplace experts, is a subtler and potentially more damaging form of disengagement. Employees lose their connection to their work, feeling unmotivated and indifferent. Unlike quiet quitters, who can often be reinvigorated with clearer expectations or added responsibilities, soft quitters require deeper intervention. They need to believe their contributions are meaningful and aligned with their personal and professional goals.

This trend echoes broader societal shifts, such as the Chinese "tang ping" (lying flat) movement, which embraces a minimalist lifestyle and rejects the pressures of the rat race. It also ties into what Gallup describes as the "great detachment," a phenomenon where employees feel increasingly disconnected from their jobs. Gallup's data indicates that detachment not only impacts productivity but also stifles organisational change efforts, as disengaged employees are less likely to support new initiatives.

The Role of HR in Addressing Soft Quitting

For HR teams, soft quitting presents a unique challenge. Unlike visible performance issues, soft quitters can be difficult to identify because they continue meeting basic expectations. However, their disengagement subtly undermines team dynamics, innovation, and morale over time.

To tackle this issue, HR professionals can take proactive steps to re-engage employees:

Foster a Culture of Purpose: Employees need to see the value of their work and understand how it contributes to broader organisational goals. Regular communication about the company’s mission and vision can help bridge this gap.
Prioritise Employee Development: Providing opportunities for skill growth and career advancement can rekindle enthusiasm. Training programs, mentorship, and clear pathways for promotion are essential tools.
Encourage Feedback and Involvement: Creating an open environment where employees feel heard and valued can reignite their sense of belonging. Regular check-ins and surveys can help HR identify concerns early.
Leverage Hybrid Work Benefits: While remote work can sometimes contribute to detachment, flexible policies that prioritise work-life balance and mental health can boost engagement when implemented thoughtfully.

The Potential Impact of AI

As soft quitting highlights the challenges of human engagement, advancements in artificial intelligence (AI) add another layer of complexity. AI is poised to automate many tasks, particularly in high-skill roles. While this can boost efficiency, it also raises concerns about job security and inequality. Research suggests that 30–60% of jobs in advanced economies are at risk of being affected by AI. This uncertainty can further exacerbate disengagement among employees who feel their roles are undervalued or replaceable.

For HR teams, this underscores the importance of focusing on human-centered strategies to combat disengagement. By emphasising empathy, growth, and purpose, HR can create environments where employees feel supported despite technological shifts.

Turning Soft Quitters Into Engaged Contributors

Soft quitting is a wake-up call for employers to prioritise their people. Rather than viewing disengagement as a threat, HR professionals can see it as an opportunity to refine workplace culture and better align with employee expectations. By fostering connection, offering growth opportunities, and addressing concerns head-on, companies can not only prevent soft quitting but transform it into a catalyst for renewed engagement and innovation.

As your trusted HR partner, we’re here to help you navigate these challenges and create workplaces where employees thrive. Reach out to learn how our solutions can support your team in this evolving landscape.

As ‘Flu Season’ is upon us, where do things stand with the statutory sick pay scheme?

tara@mssthehrpeople.ie (Tara Daly) — Mon, 20 Jan 2025 15:30:17 GMT

With the flu season in full swing, employee health and workplace support is at the forefront of conversation. One of the key components of this discussion is the Statutory Sick Pay (SSP) Scheme, a safety net for workers facing illness. However, recent developments have raised concerns about the adequacy and timeliness of the scheme's provisions.

Currently, employees in Ireland are entitled to five paid sick days under the SSP scheme introduced during the pandemic by former Taoiseach, Leo Varadkar. This was a significant step toward ensuring that workers no longer had to choose between attending work whilst ill or recovering at home and potentially facing financial difficulties. The plan was to gradually extend this entitlement, increasing it to seven days in January 2025 and eventually to ten days by 2026.

However, as flu cases surge this winter, the anticipated increase to seven sick days has been delayed, pending a government review. This delay has sparked criticism from various employee representative bodies, including the Irish Congress of Trade Unions. Laura Bambrick, one of their representatives, recently emphasised that while statutory sick leave is not a "silver bullet," it plays a critical role in preventing the spread of contagious illnesses like the flu and safeguarding employees from undue financial strain.

The delay raises several questions for both employers and employees. For workers, the uncertainty surrounding the extension means they may feel pressured to work while ill, potentially exacerbating workplace outbreaks. For employers, it comes as a relief to some smaller businesses that no further increase has been applied, as they grapple with the impact of absenteeism on their business, for others it highlights the importance of taking proactive steps to support staff health beyond the statutory requirements, such as offering additional paid sick leave, promoting flu vaccinations, or implementing flexible working arrangements during peak flu season.

As HR professionals, we recommend that businesses take a close look at their current sick leave policies and ensure they are fit for purpose. While the SSP scheme provides a baseline, organisations that prioritise employee well-being often see long-term benefits in terms of productivity, morale, and retention.

In the meantime, we’ll continue to monitor updates on the SSP scheme and advocate for solutions that balance the needs of employees and employers alike. After all, a healthy team is the backbone of a thriving business.

For more insights on managing employee health and well-being during flu season, feel free to reach out to our team.

MSS HR Hub Update

Mon, 13 Jan 2025 11:02:51 GMT

MSS HR Hub Update

As part of our commitment to providing up to date valuable support and tools you need to streamline your HR processes, we are reminding you about the MSS HR Hub.

What is the HR Hub?

The MSS HR Hub is our resource library, providing practical resources and advice to meet your HR needs which you can adapt to suit your company. The HR Hub allows you to delve into our expansive library of policies, employment templates, employment contracts, and documentation to help ensure your organisation remains compliant.

How do I access the HR Hub?

It's simple! Head to our website, www.mssthehrpeople.ie , where you will find “HR Hub Login” located to the right-hand side of our homepage, click and simply input your email address and password, and you’re in!

Click here to access the HR Hub.

What’s New?

We have revised our entire library of documents in line with employment legislation and best practice. Additionally, we have introduced a dedicated section on Diversity, Equity, Accessibility, and Inclusion (DEAI), reflecting the growing importance of this critical topic.

We will continue to expand our resources to support you in the ever-evolving landscape of HR best practice and employment law. If you have any suggestions or need additional templates or policies, please don’t hesitate to reach out. Your feedback is invaluable and supports our growth.

If you have any questions, require assistance in customising the templates, please don't hesitate to reach out to our dedicated support team. We're here to help.

Adverse Weather Conditions – Navigating Work

jim@eazi-apps.com (Jim Kelly) — Mon, 13 Jan 2025 11:02:24 GMT

Adverse weather conditions, such as heavy snow, storms, or extreme temperatures, can significantly disrupt daily routines and workplace operations. It’s essential for employers to have clear policies in place to address employee attendance and productivity during these situations while maintaining fairness and legal compliance.

Here's how employers can navigate these challenges effectively.

Clear Communication of Expectations

Employees should be aware of the reporting procedure during adverse weather. They must make contact with their manager within 30 minutes (or as specified within your normal absence reporting procedure) of their usual start time to explain their absence or delay.

Encourage employees to keep their manager informed about any changes in their situation and provide an estimated return time if weather or travel conditions improve during the day.

Ask employees to explore all available transportation methods and leave extra time for their commute. However, employers must also consider the safety and practicality of these efforts.

Alternative Working Arrangements

Consider adjusting workings hours or if employees can work from home or another location, ensuring IT system are in place to support remote working.

Ideally arrangements will be put in place in advance, where adverse weather conditions are forecast.

Pay and Leave Options Available

If the workplace remains open, but an employee cannot attend due to adverse weather, here are some options to offer:

· Deduct the absence from annual leave.

· Allow the time to be taken as unpaid leave.

· Permit the employee to work back the missed hours.

Unauthorised Absence

Unauthorised absences should be addressed under the company’s disciplinary procedures. Although, considerations should include local conditions, travel challenges, and efforts made by the employee.

Employers should avoid a one-size-fits-all approach and assess each case with empathy and flexibility.

How can we help?

A defined policy offers employees clear guidance on what is expected during adverse weather conditions or emergency situations.

It promotes fairness by ensuring consistent treatment across the company, minimising confusion and potential conflicts.

By implementing a comprehensive policy, you can remain prepared, demonstrate commitment to employee well-being, and maintain smooth operations during unforeseen disruptions.

For a policy or guidance on such matters contact the team at MSS the HR People.

Increases to the Minimum Wage Ireland Rate 2025

tara@mssthehrpeople.ie (Tara Daly) — Mon, 13 Jan 2025 11:01:59 GMT

With effect from on 1 January 2025, the national minimum hourly rate will become €13.50.

The full rate applies to any employee who is at least 20 years of age except as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

Aged 20 or more - €13.50 (100%)

Aged 19 - €12.15 (90%)

Aged 18 - €10.80 (80%)

Aged under 18 - €9.45 (70%)

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or

A craft apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Alternative minimum rates may be set down under Sectoral Employment Agreements (SEAs) or created by Employment Collective Agreements.

Working Hours

Full time, part time, temporary, casual or seasonable employees are all entitled to the National Minimum Wage for hours worked.

Calculation of Hourly Pay (Reckonable Pay)

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero-hour protection)
Productivity-related bonuses
Service charge paid through payroll
Board of Lodgings- If you receive board or lodgings, that is food or accommodation from your employer, the maximum amounts that can be included from 1 January 2024 are for: -

- board only €1.21 per hour worked

- accommodation only €31.89 per week or €4.55 per day

Non- Reckonable Pay

The following payments cannot be included to make up the national minimum wage rate:

Pay Reference Period

The period over which you may calculate the average earnings (Pay Reference Period) may be a week, or a fortnight but must not be longer than one month.

Employee Complaints

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage or victimisation of an Employee.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their employer.

Steps for Employers

Employers should now implement the required changes to the rate of pay for those who are currently earning less than the new National Minimum Wage. There is no automatic right of an increase to those who are already earning in excess of the minimum wage, however, it is likely that some employers may face requests for the same.

Minimum Wage in Review

With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €31.20 per week, or an extra €1,622.40 gross per year. It remains to be seen how employers will cope with these increases.

In recent years,the lower minimum youth rates in Ireland have received criticism by policymakers for being too low to ensure a decent standard of living for young people. As such, there have been political debates to abolish or reform the lower minimum wage for young people, however, this has not come into effect 2025 however we will see if the government intends to implement any changes in the future.

Smart Hiring: Building Teams That Last

tara@mssthehrpeople.ie (Tara Daly) — Wed, 08 Jan 2025 11:19:48 GMT

Recruiting the right talent for your business is no small task. While creating a job specification and conducting interviews are important steps, they are just the tip of the iceberg. To truly succeed in building the right team for your business, a holistic approach that ensures compliance, sets up employees for success, and fosters long-term engagement is the best approach.

In this blog, we’ll explore how to refine your recruitment strategy to not only attract the best candidates but also ensure they enjoy their role and contribute to your business's success through their expertise, skills, and experience.

1. Identifying Your Skills Gap

Before you even start drafting a job specification, it’s crucial to identify the specific skills and competencies your business needs. This begins with a skills gap analysis . A skills gap analysis involves:

Assessing Current Capabilities : What skills do your existing team possess and where may possible gaps lie?
Defining Future Needs : Align the skills you need with your business goals. For example, if your company is expanding into a new market, you may need language proficiency or specific technical expertise.
Prioritising Key Skills : Distinguish between “must-have” and “nice-to-have” skills. This clarity will help streamline the recruitment process.

Once you’ve identified the skills required, you can move on to crafting a job specification that not only reflects these needs but also entices top talent.

2. Building a Job Spec That Attracts Candidates

A well-written job specification is more than just a list of duties and requirements. It’s your opportunity to showcase your company’s values, culture, and the benefits of joining your team. To create a compelling job spec:

Start with an Engaging Overview : Highlight what makes your company unique. Are you an innovative startup, a family-run business with strong values, or an industry leader?
Be Clear and Concise : Use straightforward language to describe the role and its responsibilities. Avoid jargon that might confuse or deter potential candidates.
Highlight Growth Opportunities : Talented professionals are often drawn to roles that offer career development. Mention any training programs, mentorship opportunities, or pathways for advancement.
Include Competitive Benefits : Beyond salary, what can you offer? Think about perks like flexible working arrangements, wellness programs, or professional development allowances.

Remember, your job spec is often the first impression a candidate will have of your business. Make it count.

3. Partnering with Experts to Streamline Recruitment

Recruitment can be a time-consuming and complex process, especially for SMEs. Working with the right recruitment partner can help you:

Refine Your Job Spec : A good partner will provide insights into market trends and help ensure your job spec aligns with what candidates are seeking.
Identify the Best Channels : Whether it’s job boards, social media, or niche industry platforms, a recruitment partner should guide you on where to post your listing for maximum reach.
Streamline Interviews : From designing interview questions that assess both technical skills and cultural fit to qualifying candidates and coordinating interview schedules, an effective recruitment partner can save you time and ensure a professional process.

Collaborating with the right experts - those who prioritise more than just filling interview slots - you’ll gain access to their knowledge, networks, and resources, which can make all the difference in finding the right hire.

4. Onboarding: Setting the Tone for Success

The recruitment process doesn’t end with a signed contract. Onboarding is a critical phase that can make or break the employee’s experience. A well-structured onboarding program should:

Introduce the Company Culture : Help new hires understand your mission, vision, and values.
Clarify Role Expectations : Provide a detailed overview of their responsibilities and how their role contributes to the company’s goals.
Facilitate Connections : Encourage interactions with team members through introductions, team lunches, or buddy systems.

A positive onboarding experience not only boosts productivity but also enhances employee retention.

5. Compliance with Irish Labour Regulations

In Ireland, employment laws are clear about the obligations employers have toward new hires. For example:

Contracts of Employment : Employers must provide written contracts within five days of the employee starting work. These contracts should outline key terms, including job title, salary, hours, and employment type.
Fair Treatment : Ensure that all recruitment and onboarding practices comply with anti-discrimination laws.

Staying compliant not only protects your business from legal issues but also demonstrates professionalism and builds trust with your employees.

6. Identifying Training Needs

Once your new hire is on board, the focus should shift to helping them develop the skills they need to excel in their role. This involves:

Conducting a Training Needs Analysis : Identify gaps in their knowledge or skills and prioritize areas for development.
Providing Role-Specific Training : Tailor training programs to address the unique demands of their position.
Encouraging Continuous Learning : Foster a culture of growth by offering access to online courses, workshops, or industry certifications.

Investing in training not only enhances employee performance but also demonstrates your commitment to their professional development.

7. Creating a Positive Experience

Ultimately, the goal of a comprehensive recruitment process is to ensure your new hire feels valued, supported, and engaged. This can be achieved by:

Setting Clear Goals : Work with your new recruit to establish short-term and long-term objectives.
Providing Regular Feedback : Schedule one-on-one meetings to discuss progress, address concerns, and celebrate achievements.
Fostering Inclusion : Create an environment where employees feel comfortable sharing ideas and contributing to the company’s success.

A positive experience not only benefits the employee but also contributes to your company’s reputation as an employer of choice.

Conclusion

Recruitment is far more than filling a vacancy. It’s about identifying the right skills, attracting top talent, and ensuring they have the tools and support needed to succeed. By taking a strategic approach to recruitment - from conducting a skills gap analysis to providing robust onboarding and training - you can build a team that drives your business forward.

At MSS – The HR People, we know that lasting teams are the foundation of thriving businesses. We specialise in helping businesses like yours build teams for long-term success. Think of us as your one-stop-shop! Simply let us know you’re recruiting, and we’ll handle the rest—from sourcing top talent to ensuring a seamless onboarding process. If team building is part of your 2025 strategy, call us today and let’s discuss how we can make your recruitment process effortless and effective.

Supporting Menopausal Employees in the Workplace: Key Findings and Recommendations

tara@mssthehrpeople.ie (Tara Daly) — Fri, 29 Nov 2024 10:15:19 GMT

Recent research from the University of Galway and University College Cork highlights the significant challenges faced by women experiencing menopause in the workplace. Released on World Menopause Day, October 18, 2024, the study, titled Menopause in the Workplace, surveyed nearly 1,000 individuals, including 835 women and 151 men, to better understand the impact of menopause on women's professional lives and the support provided by employers.

The Hidden Struggles of Menopausal Employees

The findings of the study reveal that menopause remains a largely unspoken and even taboo subject in many workplaces. According to the research, 68% of respondents reported that menopause is not discussed at all in their workplace, with 8% describing it as a “taboo” topic. Despite menopause being a natural part of life, the study emphasises the ongoing silence around it, particularly in professional environments where such discussions are crucial for understanding and addressing the needs of employees experiencing symptoms.

Additionally, a concerning 75% of respondents were unsure whether their company had a menopause policy in place. This lack of awareness is compounded by the fact that only 12% of respondents felt comfortable discussing their menopause experiences with their manager, indicating a significant gap in communication between employees and employers.

The Impact on Employees and Organisations

The symptoms of menopause, including physical and mental exhaustion, hot flashes, and sleep disturbances, can significantly impact a woman’s performance at work. The study highlights that many employees struggle to manage these symptoms, which can affect job satisfaction, productivity, and overall well-being. Despite this, 29% of line managers expressed feeling unprepared to support menopausal employees, showing that the lack of awareness and training is a widespread issue.

Dr. Elaine O’Brien, from University College Cork, emphasised the importance of addressing this issue in the workplace: “Our study sheds light on the taboo nature of menopause at work and the need for targeted interventions. We find that while some women do discuss menopause with colleagues, only a small percentage feel comfortable addressing it with their managers.”

Recommendations for Creating a Supportive Workplace

To address these challenges and improve the experiences of menopausal employees, the study offers several key recommendations:

Training for Managers and Employees

One of the most crucial steps organisations can take is to implement targeted training for line managers, HR teams, and employees. This training should focus on understanding menopause and its impact on employees, breaking down stigma, and providing clear guidance on how to support menopausal workers. By fostering an environment of understanding, employers can help reduce the negative consequences of silence and stigma.

Workplace Adjustments

Many women experiencing menopause find that flexible work arrangements, temperature-controlled environments, and hybrid working options can help them manage symptoms more effectively. These adjustments can make a significant difference in the well-being of menopausal employees, allowing them to continue performing their roles without undue strain.

Well-being Programs and Support

Access to specialised menopause consultants or health coaching can provide additional support for employees. Furthermore, introducing well-being programs, such as yoga, cognitive behavioral therapy (CBT), and sleep hygiene interventions, can help alleviate the mental and physical toll of menopause symptoms. These programs not only benefit menopausal employees but also contribute to a healthier, more engaged workforce.

Encouraging Open Communication

Improving communication around menopause is essential. Encouraging an open dialogue within teams and across the organisation helps to create a culture where menopausal employees feel comfortable seeking support. Employers should aim to create a workplace where menopause is viewed as a natural life stage that does not negatively affect professional opportunities or job satisfaction.

The Bigger Picture: Menopause as an Organisational Issue

Dr. Maeve O’Sullivan from the University of Galway also pointed out that menopause should not be seen as solely a gender or age issue, as its impact can extend to both colleagues directly and indirectly affected. She stressed that menopause is an organisational issue that should be addressed at the policy level to ensure that all employees are supported in their professional journeys.

As menopause is an inevitable life stage for many employees, organisations have a responsibility to create a supportive environment that not only boosts well-being but also enhances productivity and morale. By implementing the strategies outlined in this research, employers can help minimise the negative impacts of menopause, foster inclusivity, and ultimately improve their overall organisational performance.

Moving Forward

With an increasing number of women remaining in the workforce for longer, organisations must recognise the importance of supporting menopausal employees. By addressing the gaps in awareness, training, and workplace adjustments, employers can create a more inclusive and supportive environment that promotes the well-being of all employees.

As businesses continue to evolve, supporting employees through every life stage, including menopause, will be an essential part of building a sustainable and productive workforce.

If you are interested in creating policies or seeking advice on this topic, get in touch with our team at MSS The HR People today.

Organising a Safe and Successful Company Christmas Party: Top Tips for 2024

tara@mssthehrpeople.ie (Tara Daly) — Fri, 29 Nov 2024 10:09:48 GMT

As the year winds down, many companies are gearing up for their annual Christmas parties.

Organising a safe and enjoyable Christmas party requires thoughtful planning, especially when considering the protection of your company’s interests and employees' well-being.

To ensure your company’s Christmas party is festive, fun, and safe, here are some top tips for both planning the event and protecting your company’s reputation and employees.

Create an Inclusive Environment

Christmas parties should be enjoyable for all employees, regardless of background, beliefs, or preferences. Ensure the event is inclusive by:

Choosing a Neutral Location : Opt for a venue that doesn’t overly associate with any particular religious or cultural tradition.

Dietary Considerations : Provide a range of food options, including vegetarian, vegan, gluten-free, and allergy-friendly choices.

Entertainment for All : Tailor activities or entertainment to appeal to a variety of tastes. A diverse, inclusive event fosters a sense of belonging among employees.

Establish Clear Boundaries and Expectations

While the office party is a time to let loose, setting clear expectations can help prevent any uncomfortable situations. Before the event:

Provide Guidelines for Behavior : Remind employees of the company’s code of conduct and emphasise that while the event is meant to be fun, inappropriate behavior or harassment will not be tolerated.

Ensure Alcohol is Managed : If alcohol is being served, consider providing drink tickets or limiting the number of drinks available. It’s also wise to provide non-alcoholic options to make the party inclusive for everyone.

Safety First: Prioritise Employee Well-being

Employee safety should be a top priority at any company event. Ensure a secure and worry-free environment by considering the following:

Transportation Options : If alcohol is served, offer employees options for getting home safely. This could include providing ride-share vouchers, organising taxis, or having a designated driver program in place.

Event Timing : Consider hosting the event earlier in the evening to avoid late-night festivities that may lead to risky behavior. A more structured timeline helps keep things in control.

Emergency Preparedness : Have a plan in place in case of accidents or medical emergencies. Ensure staff is trained to handle any first-aid needs, and provide easy access to emergency contacts.

Encourage Responsible Socialising

A successful party doesn’t need to be defined by excessive drinking. Encouraging employees to socialise responsibly will help create a positive atmosphere:

Offer Non-Alcoholic Drinks: Ensure plenty of non-alcoholic beverages are available and encourage employees to enjoy them without feeling pressured to drink.

Promote Social Interaction : Set up games, activities, or team-building exercises that encourage employees to mingle and interact in ways that don’t center on drinking.

Follow-Up with Appreciation

After the event, take time to follow up with employees to express gratitude for their attendance and participation. A thank-you note, an email, or even a small post-event gift can reinforce positive feelings and show that their time and effort were appreciated. Additionally, asking for feedback about the event can provide valuable insights to improve future events and show that you value employees' opinions.

Create a Memorable, Positive Experience

A company Christmas party doesn’t have to be extravagant to be memorable. It’s the thought, care, and effort put into making employees feel valued and celebrated that matters most. By carefully considering logistics, ensuring inclusivity, maintaining safety, and protecting your company legally, you’ll create a Christmas experience that’s both enjoyable and respectful.

In 2024, as businesses look to wrap up another year, organising a fun, safe, and well-thought-out Christmas party is not just about celebrating the festive period but also about fostering stronger relationships and positive company culture.

For further advice and guidance, get in touch with the team @MSS The HR People today.

In-House HR vs. Outsourcing: A Comprehensive Guide for Irish Business Owners

tara@mssthehrpeople.ie (Tara Daly) — Tue, 12 Nov 2024 11:33:37 GMT

In-House HR vs. Outsourcing: A Comprehensive Guide for Irish Business Owners

The world of employment law is dynamic making effective HR management crucial for any company's success. Regardless of size, meticulously managing recruitment, employee relations, and performance management is essential to ensure compliance with Irish employment law.

However, many business owners find these HR tasks burdensome, hindering their focus on growth and scaling their business. So, what's the solution? Should they hire an in-house HR team or outsource to HR professionals?

In this blog post, we'll delve into the pros and cons of both scenarios, empowering you to make informed decisions that align with your unique business needs.

The Role of HR in Irish Businesses

Before diving into the pros and cons of in-house HR versus outsourcing, it's essential to first understand the broad scope of HR functions within an Irish business context.

Typically, HR departments manage the following areas:

· Recruitment and onboarding: Finding and integrating new talent.

· Employee relations: Managing disputes, grievances, and fostering a healthy work environment.

· Compliance: Ensuring adherence to employment law, which includes staying updated on regulations like the Organisation of Working Time Act, the Employment Equality Acts, and the Industrial Relations Acts.

· HR documentation: Creating and maintaining contracts, policies, and procedures.

· Training and development: Facilitating employee growth.

· Performance management: Assessing and supporting staff development.

· Benefits administration: Managing compensation and employee benefits.

Now, let’s look at how in-house HR and outsourcing compare across these functions. We’ll start by looking at the advantages of keeping support in-house.

1. Proximity and Deep Understanding of Company Culture

In-house HR teams are embedded in the company and understand its culture, values, and objectives. They can ensure that hiring and employee management align with the company’s specific goals, which is vital for promoting a strong corporate culture and retention.

2. Immediate Availability

Having HR professionals on-site means immediate access to help when problems arise, such as urgent employee disputes, compliance concerns, or performance issues. This proximity allows for a more reactive and proactive approach to employee relations and management.

3. Tailored HR Strategies

An in-house HR team can develop strategies uniquely tailored to the business, particularly in terms of recruitment, retention, and employee engagement, which can be more difficult for outsourced services to replicate.

4. Employee Trust and Relationship Building

In-house HR teams can establish strong relationships with employees, building trust and facilitating open communication. This can be key in resolving workplace disputes and maintaining high employee morale.

Despite these compelling advantages however, there are some disadvantages of In-House HR:

1. Higher Costs

Maintaining an in-house HR team can be costly, particularly for small and medium-sized enterprises (SMEs). Salaries, benefits, and ongoing training for HR staff add significant overheads. Furthermore, many Irish SMEs struggle to justify the cost of a full-time HR professional if their workforce is small.

2. Limited Expertise

HR is a broad and complex field that requires expertise in recruitment, employment law, performance management, and much more. It’s rare for a small in-house team to cover all aspects effectively, which can lead to compliance risks, especially as Irish employment law evolves.

3. Inflexibility

An in-house HR team is often limited in its capacity, particularly during busy periods such as large recruitment drives or when new employment legislation is introduced. This inflexibility can lead to gaps in support and reactive rather than proactive management.

4. Time-Consuming Administrative Tasks

In-house HR teams can often be bogged down by administrative tasks such as benefits administration and documentation management. This reduces their ability to focus on strategic HR planning and employee development.

Now let’s look at the pros and cons of outsourcing HR. We’ll start first with the advantages:

1. Cost-Effectiveness

For Irish SMEs, outsourcing HR can be significantly more cost-effective than maintaining an in-house team. You only pay for the services you need, whether that’s handling recruitment, ensuring compliance, or updating your HR policies. This allows businesses to manage their budgets more efficiently.

2. Access to Expertise and Specialisation

HR outsourcing providers bring a wealth of expertise in areas like employment law compliance, recruitment, and employee management. Given the complexities of Irish employment law (such as the WRC’s role in ensuring fair practices), having external experts can prevent costly compliance issues.

3. Scalability and Flexibility

Outsourcing HR also allows businesses to scale up or down according to their needs. Whether you need help with a specific project, like drafting employee contracts or conducting an internal audit, or long-term HR management, outsourcing offers flexibility that in-house teams may not.

4. Reducing the Administrative Burden

HR service providers can handle time-consuming administrative tasks allowing business leaders to focus on core activities and strategic growth.

5. Up-to-Date Knowledge on Employment Law

Staying compliant with the latest employment laws in Ireland can be challenging, particularly for smaller businesses. Outsourced HR providers are typically up-to-date with changing regulations, such as updates from the Workplace Relations Commission (WRC) or the introduction of new policies regarding parental leave or remote working.

As with any outsourced service however, outsourcing HR does come with certain drawbacks:

1. Less Familiarity with Company Culture

An external HR provider might not have the same deep understanding of a company’s culture and values as an in-house team. This can make it harder for them to implement strategies that align perfectly with the company’s objectives and culture.

2. Limited On-Site Presence

Unlike an in-house team, outsourced HR providers might not be immediately available on-site. This could slow down responses to urgent matters or issues that require hands-on attention.

3. Potential for Communication Gaps

Outsourcing HR may result in communication gaps between the external provider and the company’s management or employees. Ensuring smooth, clear communication requires careful planning and regular meetings to avoid misunderstandings.

4. Perceived Impersonality

Some employees might feel that outsourced HR services are less personal, which could impact employee morale, especially when sensitive issues like grievances or disciplinary actions are involved.

How to Decide Between In-House HR and Outsourcing For Your Business

Making the decision to keep your HR in-house or outsource it can be challenging. We strong suggesting considering the following as you evaluate both options:

1. Your Business Size and Resources

Smaller businesses with limited resources often benefit from outsourcing HR due to its cost-effectiveness and flexibility. For larger organisations, their HR needs may be more complex, and an in-house team might be more suitable.

2. Industry and Compliance Needs

Highly regulated industries (such as healthcare, construction, or finance) may require specialised HR expertise, particularly around compliance. For businesses who must comply with such strict regulations outsourced HR services may be more appealing due to their comprehensive legal knowledge.

3. Company Culture and Employee Relations

For businesses where company culture is paramount, having an in-house HR team that understands and nurtures this culture could be a key advantage. However, some outsourcing providers offer tailored services that can align with your company values.

4. Scalability

Growing businesses may need to scale HR services up or down quickly. Outsourced HR providers offer the flexibility to adjust services to meet changing demands, something that can be more difficult with an in-house team.

5. Cost and Budgeting

The cost of maintaining an in-house HR team can be prohibitive for many Irish SMEs. Outsourcing allows for a more controlled and predictable cost structure, where businesses only pay for what they need. However, larger organisations might find that the investment in an in-house team pays off in the long term.

Consider a Hybrid Approach

For many businesses, the best solution lies somewhere between in-house HR and fully outsourcing. A hybrid approach, where core HR functions remain in-house but certain services are outsourced, is becoming increasingly more popular. For example, a company might keep an internal HR professional to manage employee relations and culture-building, while outsourcing back-office support, policy and documentation, and recruitment services to an external provider. This approach allows businesses to benefit from both in-house and outsourced HR strengths.

Conclusion

Choosing between in-house HR and outsourcing depends on the unique needs of your business. Whether medium or large, a business owner must weigh the costs, compliance requirements, company culture, and scalability of their HR function to make the best decision.

For many, outsourcing HR provides cost savings, access to specialised expertise, and greater flexibility. Meanwhile, businesses that place a strong emphasis on culture and employee relations might prefer the presence and personalisation of an in-house HR team.

Ultimately, a hybrid approach could offer the best of both worlds, ensuring your business meets its HR needs efficiently while maintaining a strong company culture.

At MSS – The HR People, we have worked with Irish business owners for over 40 years. We understand the need for flexible solutions and sound and practical advice. We offer a range of support services from our self-serve HR support packages (link to page) to our on-site HR support (link to page), back-office support (link to page) and recruitment (link) and onboarding (link) services.

If you’re wondering about outsourcing your HR, let’s have a chat about how MSS can support you and your business.

Workplace Relations Commission Rules on Remote Work Complaint

tara@mssthehrpeople.ie (Tara Daly) — Thu, 31 Oct 2024 12:09:29 GMT

The Workplace Relations Commission (WRC) has dismissed a complaint by Rafael Jorge against his former employer, Centric Mental Health. The tribunal deemed it "reasonable" for the company to require Mr. Jorge, who was on a fully remote contract, to visit the Dublin office once a month, especially after Centric had previously adjusted the requirement from two days a week.

This decision marks the second ruling under the Work Life Balance and Miscellaneous Provisions Act 2023. Mr. Jorge, an accounts worker who represented himself during the proceedings, explained that he had declined another job offer to remain with Centric, having accepted a fully remote position starting in September 2022.

On January 11, 2024, following discussions with HR, Mr. Jorge received a letter indicating he was now "required to attend" the office at least twice a week. Mr. Jorge argued that due to his residence in Tralee, Co. Kerry, this was impractical. Despite expressing his concerns, he received insistence from his employer about the new requirements, prompting him to file a formal grievance.

In response to Mr. Jorge's objections, Centric reduced the attendance requirement to just one day a month. Mr. Jorge then requested additional compensation, including a pay rise, lunch allowance, and travel expenses, which the company agreed to regarding lunch and travel.

Centric justified its request for Mr. Jorge to return to the office, citing the need for improved communication among colleagues and the changing dynamics of the business. With other employees required to come in twice a week, the company argued that the one-day-a-month requirement for Mr. Jorge was "fair and reasonable."

At the June hearing, Mr. Jorge maintained that Centric was obligated to uphold the terms of his August 2022 contract amendment. However, adjudicator Brian Dalton noted that the dispute arose before the new legislation took effect. He clarified that he would assess Mr. Jorge's ongoing objections to attending the office as a request for remote work.

The adjudicator found that Centric had met its legal obligations and adequately assessed the business's needs against those of the employee. Ultimately, he ruled that the one-day-a-month requirement was a reasonable modification to Mr. Jorge's contract and dismissed the complaint.

This ruling serves as an important reminder for HR professionals to consider both employee needs and business requirements when navigating remote work arrangements.

New Maternity Leave Legislation in Ireland: Key Updates for Employers

tara@mssthehrpeople.ie (Tara Daly) — Thu, 31 Oct 2024 12:06:51 GMT

The Oireachtas has recently enacted important legislation that enables employees diagnosed with a serious illness to defer their maternity leave until they complete their treatment. This measure is part of the Maternity Protection, Employment Equality and Preservation of Certain Records Bill 2024.

Under the new law, maternity leave can be postponed for a duration of five to 52 weeks, based on a doctor’s certification. Notably, this postponement will not affect other leave entitlements, such as unpaid maternity leave and parents' leave.

In addition to these provisions, the bill also includes amendments to the Employment Equality Act 1998 to regulate the use of non-disclosure agreements related to discrimination and harassment.

The bill is now poised to be signed into law by the President, representing a significant advancement in supporting employees facing serious health challenges during their maternity leave.

HR departments should take steps to implement these changes and ensure employees are well-informed about their new rights and options under this legislation.

Navigating Year-End Appraisals

tara@mssthehrpeople.ie (Tara Daly) — Thu, 31 Oct 2024 12:02:45 GMT

As we approach the year-end appraisal season, it’s important to reflect on how we can enhance the performance review process. In today’s rapidly changing workplace, the traditional appraisal is evolving into a continuous dialogue between managers and employees. This shift emphasises ongoing feedback, personal development, and alignment between individual goals and business objectives.

Here are some practical tips to help you create a culture of collaboration during performance appraisals.

Key Factors to Keep in Mind:

1. Ongoing Dialogue:

Regular check-ins throughout the year foster open communication, making appraisals a natural continuation of those discussions.

2. Positive Framing:

Emphasise that appraisals are opportunities for growth and development, not disciplinary meetings.

3. Employee-Centric Conversations:

Encourage employees to share their thoughts and aspirations. Aim for a two-way dialogue where the employee leads much of the conversation—consider the 80:20 rule!

4. Align Goals:

Discuss how employees' personal development goals align with business needs. This collaborative approach enhances motivation and commitment.

5. Create a Comfortable Environment:

Choose a quiet, confidential space for discussions. Ensure you allocate sufficient time and conduct meetings as scheduled.

6. Preparation Materials:

Provide documents in advance for employees to fill out. This helps them reflect on their goals and achievements before the meeting.

7. Make it Engaging:

Avoid making this a paperwork exercise. Create a session both parties look forward to, where employees feel valued and heard.

8. Listen Actively:

Show that you value their input and are genuinely interested in their development. This builds trust and encourages open communication.

By following these guidelines, you’ll create a constructive appraisal experience that fosters growth and strengthens your team’s commitment.

Why Employee Retention is Important for Organisations

tara@mssthehrpeople.ie (Tara Daly) — Wed, 23 Oct 2024 15:11:29 GMT

Employee retention is critical for the long-term success of any business. In Ireland, where the labour market remains competitive and companies are striving to attract and retain top talent, businesses need to invest in strategies to keep their employees engaged and committed. Retaining employees is about more than just avoiding the inconvenience of replacing staff; it impacts the company's reputation, financial health, and operational stability.

In this blog, we'll explore why employee retention matters, the cost implications of high staff turnover, and five actionable tips on how businesses can improve their retention rates.

The Cost of Replacing Staff in 2024

In 2024, the cost of replacing an employee has become more prohibitive than ever before. Estimates suggest that replacing an employee can cost a business anywhere from 33% to 50% of the employee’s annual salary. For example, replacing a mid-level employee with a salary of €50,000 could cost up to €25,000 or more when factoring in recruitment, training, and lost productivity during the onboarding process. For senior-level employees, these figures can be even higher. Indeed, in our experience, the direct costs of recruitment such as advertising, agency fees, and interview time make up a significant portion of the cost. However, the indirect costs, such as the loss of institutional knowledge, lower team morale, and decreased productivity, can have an even greater impact.

It's also worth keeping in mind that a constantly revolving workforce can erode company culture, disrupt continuity, and negatively affect the bottom line. In Ireland, SMEs, which form a substantial part of the economy, can be disproportionately affected by these high turnover costs due to their more limited resources.

The Impact of High Employee Turnover on Workforce Continuity

Workforce continuity is essential for maintaining a company's efficiency, culture, and productivity. When employees stay in their roles for an extended period, they gain valuable experience and understanding of company operations. This familiarity enhances their performance and allows them to contribute more strategically to the organisation. Continuity also helps foster strong relationships within teams and departments, making collaboration smoother and more effective.

On the other hand, constant staff changes create disruptions. New employees require time to get up to speed, and during this transition, the quality of work can suffer. Colleagues may feel burdened by taking on additional responsibilities while waiting for a new hire to settle in. In some cases, clients or customers may even notice the instability, which can undermine their confidence in the company’s ability to deliver consistent service.

High turnover can also drain managerial time and energy. Managers may find themselves frequently involved in recruitment and onboarding activities rather than focusing on growing the business or improving employee engagement. This constant cycle not only drains resources but also creates a sense of instability across the organisation, leading to a further decline in employee morale.

Brand Reputation and Employee Retention

A company’s brand is not just about its products or services - it’s also about how it treats its employees. In today’s digital age, where platforms like Glassdoor, LinkedIn, and other review sites allow employees to publicly share their experiences, a company with a high turnover rate can quickly gain a negative reputation. Job seekers are more informed than ever, and a reputation for constantly losing staff can make it harder to attract top talent. People will think twice about joining a company that seems unstable or doesn’t support its employees in the long term.

This bad reputation can extend beyond prospective employees. Customers, partners, and stakeholders may also perceive high turnover as a sign of internal issues, which can damage trust and weaken the company’s market position. From a brand perspective, consistency is key - and this applies to the workforce just as much as to products or services.

Impact on the Bottom Line

Ultimately, high turnover hits the bottom line. Aside from the direct and indirect costs associated with hiring, onboarding, and training, there’s the added challenge of productivity losses. Research shows that it can take a new employee anywhere from three to six months to reach full productivity in their role. During this period, the company is essentially paying for underperformance, which, when multiplied across multiple roles, can significantly impact revenue.

Moreover, high turnover rates can affect overall employee engagement. Employees who see their colleagues leaving frequently may feel demoralised, which can lead to reduced job satisfaction and even more exits. This creates a vicious cycle where disengagement leads to more turnover, which leads to further disengagement - all of which hurts the company’s bottom line.

Five Actionable Tips for Improving Employee Retention

The key to retaining employees lies in creating a work environment that promotes satisfaction, engagement, and growth. While there’s no one-size-fits-all approach, here are five HR-focused strategies that can help businesses in Ireland retain their talent.

1. Offer Competitive Compensation and Benefits

One of the most straightforward ways to retain employees is by offering competitive compensation and benefits packages. In 2024, employees are looking for more than just a good salary; they also want benefits that support their work-life balance, such as flexible working hours, remote working options, and wellness programmes. While wellbeing should not be the only focus, providing access to mental health support, gym memberships, or wellness days can signal that you value your employees' holistic well-being. Importantly, compensation packages should be regularly reviewed to ensure they remain in line with industry standards.

2. Create Opportunities for Career Growth

A lack of career progression is one of the top reasons why employees leave their jobs. Offering clear, achievable paths for advancement within the company can significantly boost retention. Employees want to feel that they are growing in their roles and not stuck in a dead-end job. Regular performance reviews, professional development opportunities, and internal promotions help create a sense of progress. Mentorship programmes can also be an effective way to nurture talent and keep employees motivated and engaged.

3. Foster a Positive Workplace Culture

A strong, positive workplace culture is one of the most powerful retention tools available. Employees are more likely to stay with a company where they feel valued, respected, and part of a supportive community. HR departments should work to foster a culture of inclusion, recognition, and open communication. Celebrating employee achievements, promoting a sense of camaraderie, and creating spaces where employees feel safe to share their thoughts can contribute to a more satisfied workforce.

Additionally, company values should align with those of the employees. Today’s workforce is increasingly purpose-driven, and employees want to work for companies that share their values. Whether it’s a commitment to sustainability, corporate social responsibility, or innovation, aligning your company’s mission with the aspirations of your workforce can create stronger connections and improve retention.

4. Provide Regular Feedback and Recognition

Recognition plays a key role in employee retention. People want to know that their hard work is appreciated. Companies should implement regular feedback loops where employees can receive constructive insights into their performance and be recognised for their contributions. This could be through formal performance reviews or more informal systems like peer recognition programmes or monthly awards. Acknowledging employee efforts publicly can go a long way in making them feel valued and motivated to stay with the company.

5. Encourage Work-Life Balance

Work-life balance continues to be a priority for employees in 2024, especially considering increased burnout rates in many industries. Offering flexible working hours, hybrid working arrangements, and ensuring that employees are not consistently overworked can help improve job satisfaction. A healthy work-life balance is crucial for long-term employee retention, as employees are more likely to stay with a company that respects their personal time and encourages them to maintain a fulfilling life outside of work.

Conclusion

Employee retention is not just about preventing turnover; it’s about creating a thriving work environment where employees feel valued, engaged, and motivated to contribute to the company’s long-term success. The cost of high turnover is significant - both financially and in terms of company culture and brand reputation. By implementing strategies focused on competitive compensation, career growth, workplace culture, recognition, and work-life balance, businesses in Ireland can reduce turnover rates and create a more stable, productive workforce.

Investing in employee retention is one of the most important decisions a company can make for its future success. At MSS – The HR People, we guide businesses through this process, ensuring that they not only attract the best talent but also keep it for the long haul.

Employee Compensated €60,000 for Discriminatory Dismissal

tara@mssthehrpeople.ie (Tara Daly) — Mon, 30 Sep 2024 14:49:47 GMT

In a landmark ruling, the Chadwicks Group, a prominent builders' merchanting business, has been ordered to pay €60,000 in compensation to a long-serving employee who faced discrimination due to her disability. The employee who had 37 years with the company, was dismissed in August 2022 after a lengthy recovery from back surgery.

The employee, who underwent a routine procedure in February 2021, experienced unexpected complications that left her with significant mobility issues, including paralysis in her right leg, leading to an extended period of sick leave.

During the hearing, WRC Adjudicator Valerie Murtagh determined that Chadwicks did not adequately assess the employee’s specific needs, which could have enabled her to continue working in a modified capacity. The company misrepresented medical advice, claiming that a company doctor deemed her unfit for a sedentary role - an assertion that the adjudicator found unsubstantiated.

Moreover, the ruling highlighted that Chadwicks failed to consider reasonable accommodations, such as a hybrid work model or adjusted duties, which might have allowed the employee to remain employed. The employee’s own consultant neurosurgeon supported this, stating she was capable of performing her job with modifications.

As part of the ruling, Chadwicks has been directed to review its policies and ensure compliance with employment equality legislation.

This case serves as a crucial reminder of the importance of accommodating employees with disabilities and the need for thorough assessments before making employment decisions.

For advice and guidance on managing disabilities and ensuring equality in the workplace, get in touch with our team of specialists at MSS – The HR People today.

The Future of Work: A Shift Back to the Office?

tara@mssthehrpeople.ie (Tara Daly) — Mon, 30 Sep 2024 14:44:45 GMT

As the debate over the future of work intensifies, the question of whether employees will return to the office or continue with hybrid models remains a key consideration for business leaders. According to recent research from KPMG's CEO Outlook survey, 90% of CEOs in the Republic of Ireland foresee a full return to pre-pandemic office environments, compared to 80% in Northern Ireland (NI).

This growing trend towards a return to the office is part of a broader conversation among CEOs, who are weighing the advantages of in-person work against the ongoing demand from employees for greater flexibility. The benefits of being in the office such as relationship-building, problem-solving, career development, and the social aspects of workplace interaction, are increasingly being emphasised. However, many employees continue to prioritise flexible working arrangements, creating a potential disconnect between leadership expectations and workforce preferences.

As this shift unfolds, companies will need to strike a delicate balance between in-person collaboration and flexibility to attract and retain top talent, while ensuring that business growth and productivity are not compromised.

This comes as Ireland recently implemented the new Code of Practice on the Right to Request Remote Working, recommending employers consider and follow a fair process when considering requests for remote working.

For employers who are considering implementing a return to office, MSS -The HR People advise that it is essential to recognise that what works for one organisation may not necessarily suit another. Employers should avoid simply following the strategies of larger companies and instead focus on creating a tailored approach that aligns with their unique culture and team dynamics.

Employers need to ensure to check contracts, seek advice and adhere to the Code of Practice when considering any adjustments to remote work arrangements.

Our team are available should you need any assistance. Get in touch today.

A Complete Guide to Employment Contracts in Ireland 2024

tara@mssthehrpeople.ie (Tara Daly) — Thu, 26 Sep 2024 10:28:29 GMT

One of your main responsibilities as an employer is to ensure that your employees have clear, comprehensive, and up-to-date employment contracts. This responsibility is not only a legal obligation but also a cornerstone of good business practice. An employment contract is more than just a formality; it is a critical document that outlines the terms and conditions of employment, safeguards the interests of both the employer and the employee, and fosters a transparent and positive workplace environment.

In this blog, we’ll delve into the importance of maintaining employment contracts, explore the key elements that should be included in these documents, and highlight the potential risks and consequences of neglecting this crucial aspect of employment law.

Your Legal Requirements and Employer Obligations

Employment contracts in Ireland are governed by several legislative frameworks, including the Terms of Employment (Information) Act 1994 and the Employment (Miscellaneous Provisions) Act 2018. These laws mandate that employers provide employees with one month with a full written statements of their terms and conditions of employment and with a mini-statement within 5 days of commencement of employment.

In addition, the Workplace Relations Commission (WRC) emphasises the obligation for employers to keep employment terms up to date. This means any changes in the employment relationship, such as salary adjustments, changes in job roles, or amendments to company policies, must be documented and communicated to the employee.

Let’s look at what information should be included in an employment contract.

Job Title and Description: The contract should clearly state the employee's job title and provide a detailed description of their duties and responsibilities. This helps prevent any confusion about the employee's role and ensures that both parties have a mutual understanding of the job expectations.

Compensation and Benefits: Details about the employee's salary, payment frequency, and any additional benefits (such as bonuses, health insurance, or retirement plans) should be clearly outlined. This section should also specify any conditions related to pay increases or performance bonuses.

Working Hours and Leave Policies: The contract should specify the employee's working hours, including any provisions for overtime or flexible working arrangements. Additionally, it should outline the company's policies regarding various types of leave, such as annual leave, sick leave, maternity/paternity leave, and any other statutory or company-specific leave entitlements.

Notice Periods: Both the employer and the employee should be aware of the notice periods required for terminating the employment relationship. This includes notice periods for resignation, or dismissal. Clearly defined notice periods help manage transitions smoothly and ensure that both parties fulfil their obligations.

Confidentiality and Non-Compete Clauses: Depending on the nature of the business, employers may include confidentiality clauses to protect sensitive company information. Non-compete clauses can also be included to prevent employees from joining competitors or starting a similar business within a certain period after leaving the company.

Grievance and Disciplinary Procedures: The contract should outline the procedures for handling grievances and disciplinary actions. This provides a clear framework for resolving conflicts and ensures that both parties understand their rights and responsibilities in such situations.

Amendment Procedures: Employment contracts should also include a clause that outlines the process for making amendments to the contract. This ensures that any changes to the terms of employment are agreed upon by both parties and documented in writing.

Failing to keep employment contracts up to date can lead to many negative consequences for employers, such as legal non-compliance, which can result in penalties, fines, and lawsuits due to outdated terms that do not reflect current laws. It can also cause increased disputes and grievances with employees, as ambiguities or inaccuracies may lead to misunderstandings and formal complaints. Additionally, employee dissatisfaction and turnover can rise when terms are unclear or outdated, leading to lower morale within their peers and added expense for you given it’s often more expensive and time-consuming to hire and train new recruits than retain existing staff.

It's also worth considering that employers who develop a reputation for being unprofessional or neglectful of employee rights are in fact harming their company's reputation, making it more challenging to build strong relationships with clients and partners.

5 Best Practices Steps for Maintaining Up-to-Date Contracts

To ensure that your employment contracts remain current and effective, consider implementing the following best practices:

1. Review Regularly to ensure your contracts reflect the latest legal requirements and company policies. This can be done annually or whenever significant changes occur within your organisation.

2. Consult Experts who specialise in employment law and who can review and update your contracts where needed.

3. Communicate any changes to contracts clearly and promptly to your employees. Provide them with updated copies of their contracts and ensure they understand the implications of any amendments.

4. Maintain Accurate Records of all employment contracts and any amendments made. This documentation can serve as crucial evidence in the event of a dispute or legal challenge.

5. Involve Employees in the process of updating their contracts. This can help foster a sense of transparency and trust, ensuring that employees feel respected and informed about their terms of employment.

Conclusion

As an employer, it is essential to recognise that an employment contract is not a static document but a dynamic one that should evolve with changes within the business landscape, employment laws, and the individual employment relationship. By staying proactive and diligent in maintaining up-to-date contracts, you can ensure the long-term success and stability of your organisation.

At MSS – The HR People, we have the expertise needed to guide you through your legal obligations. We can create new employment contracts where needed, or audit existing ones and implement the necessary updates required. Contact us today to discuss next steps. As an employer, you can’t afford not to!

Will HR Be Replaced by AI?

tara@mssthehrpeople.ie (Tara Daly) — Wed, 04 Sep 2024 08:54:09 GMT

The rapid advancement of artificial intelligence (AI) is transforming sectors around the globe, and human resources (HR) is no exception. From recruitment to performance management, AI is increasingly being integrated into HR functions, raising questions about the future role of HR professionals. Will AI replace HR entirely? Or will it augment the capabilities of human HR professionals, enabling them to focus on more strategic tasks?

In this blog, we'll explore this question in more detail as we will at the potential impact of AI in HR, its pros and cons, and why, in our opinion, human interaction remains irreplaceable in many aspects of HR.

AI in HR

Over the past while, we’re seeing more of how AI has begun to influence a wide range of HR functions, from recruiting and onboarding to employee engagement and retention.

Let’s investigate some of the areas where AI can provide timesaving assistance:

Recruitment: One of the most visible applications of AI in HR is in the area of recruitment. AI-powered tools can now automate the entire recruitment process, from sourcing candidates to screening resumes. These tools can analyse large datasets quickly, identifying candidates whose resumes match the job description based on specific keywords, past experiences, and even inferred competencies. This drastically reduces the time it takes to sift through hundreds of applications. Taking it one step further, some AI tools can even conduct preliminary video interviews, and analyse facial expressions, tone of voice, and word choice to assess a candidate's suitability for a role.

Employee Engagement and Retention: Beyond recruitment, AI is also making waves in employee engagement and retention. Predictive analytics tools can scrutinise employee data to identify patterns that might indicate dissatisfaction or a likelihood to leave. By proactively addressing issues, companies can improve retention rates and ensure a more satisfied workforce. AI can also be used to personalise employee experiences. For example, AI-driven platforms can recommend professional development opportunities based on an employee’s role, skills, and career aspirations.

Performance Management: Performance management is another area where AI is making a significant impact. Traditional performance reviews often suffer from biases, inconsistencies, and a lack of real-time feedback. AI can help address these issues by providing continuous performance data and insights. For instance, AI-driven tools can monitor employee productivity, track key performance indicators (KPIs), and provide real-time feedback, allowing managers and employees to make data-driven, timely decisions.

As we can see, integrating AI into HR processes clearly brings benefits, especially in efficiency, objectivity, and scalability. However, when compared to human involvement, what are the pros and cons that emerge?

First, let’s look at the Pros:

1. Efficiency and Timesaving: As we have seen from some of the examples above, AI’s ability to automate routine tasks goes a long way to saving both time and resources, freeing up HR professionals to focus on more strategic tasks. Similarly, AI can automate routine administrative tasks, such as payroll processing and benefits administration, reducing the administrative burden on HR teams.

2. Enhanced Decision-Making: AI can enhance decision-making by providing data-driven insights. For instance, predictive analytics can help HR professionals identify trends and patterns in employee behaviour, enabling them to make more informed decisions about hiring, promotion, and retention. AI can also help eliminate biases in recruitment and performance management by analysing data objectively and consistently.

3. Scalability: AI-driven HR tools can easily scale to accommodate a growing workforce. As a company expands, the volume of HR tasks typically increases, putting pressure on HR teams. AI can handle large volumes of data and tasks without requiring additional resources, making it easier for companies to scale their HR operations efficiently.

4. Personalisation: AI enables a level of personalisation that would be challenging to achieve manually. As an illustration, AI can tailor learning and development programs to individual employees based on their career goals, current skills, and learning preferences.

5. Cost Savings: By automating routine tasks and improving efficiency, AI can help reduce HR-related costs. For instance, AI can reduce the cost of recruitment by automating the screening and interviewing process. Additionally, AI can help reduce turnover costs by identifying and addressing issues that lead to employee dissatisfaction and attrition.

Despite the numerous benefits of AI in HR however, there are several challenges and potential downsides to consider. These include:

1. Lack of Human Touch: One of the most significant drawbacks of AI in HR is the potential loss of human touch. HR is fundamentally a people-oriented function, and many HR tasks require empathy, emotional intelligence, and human judgment. For example, AI may struggle to understand the nuances of human behaviour, such as the difference between a candidate who is nervous during an interview or one who lacks confidence. Similarly, AI may not be able to provide the same level of empathy and support as a human HR professional when dealing with sensitive issues, such as workplace conflicts or mental health concerns.

2. Potential for Bias: While AI has the potential to reduce biases in HR processes, it can also introduce new biases if not implemented correctly. AI systems learn from historical data, and if that data contains biases, the AI system may perpetuate those biases. So, if an AI recruitment tool is trained on data from a company that has historically favoured certain demographics, it may inadvertently continue to promote candidates from those same demographics. Ensuring that AI systems are fair and unbiased requires careful design, testing, and ongoing monitoring.

3. Data Privacy Concerns: The use of AI in HR often involves the collection and analysis of large amounts of employee data, raising concerns about data privacy. Employees may feel uncomfortable with the idea of their behaviour being constantly monitored and analysed by AI systems. Additionally, there are legal and ethical considerations around how employee data is collected, stored, and used. Companies need to ensure that they are compliant with GDPR data protection regulations and that they are transparent with employees about how their data is being used.

4. Over-Reliance on Technology: There is a risk that companies may become overly reliant on AI technology, neglecting the importance of human judgment and intuition. While AI can provide data-driven insights, it cannot replace the experience and intuition of seasoned HR professionals. Over-reliance on AI could lead to a lack of critical thinking and creativity in HR decision-making. Additionally, if AI systems fail or produce inaccurate results, companies may struggle to respond effectively if they have not maintained strong human HR capabilities.

5. Job Displacement: The rise of AI in HR raises concerns about job displacement. As AI automates more HR tasks, there is a risk that certain HR roles may become redundant. For instance, roles that involve routine administrative tasks, such as payroll processing, may be at risk of automation. However, while some roles may be displaced, new roles are likely to emerge that require a combination of HR and AI skills. Companies will need to invest in reskilling and upskilling their HR teams to ensure they can thrive in an AI-driven HR landscape.

While certainly AI offers numerous benefits, there are certain aspects of HR that require a human touch. Indeed, human interaction is crucial in many HR processes, particularly those that involve complex decision-making, empathy, and relationship-building. For instance, while AI can streamline the recruitment process by screening resumes and conducting initial interviews, the final decision should involve human judgment. Hiring the right candidate requires a deep understanding of the company’s culture, values, and team dynamics, as well as the ability to assess a candidate’s soft skills, such as communication and teamwork. These are areas where AI is still limited, and human recruiters are essential in making the final hiring decision.

Similarly, employee relations is another area where human interaction is crucial. Dealing with workplace conflicts, employee grievances, and mental health issues requires empathy, emotional intelligence, and strong interpersonal skills. While AI can provide data-driven insights, it cannot replace the empathy and understanding that human HR professionals bring to these situations. Building trust and maintaining positive employee relations requires face-to-face interactions and open communication, which are essential components of a healthy workplace culture.

Finally, leadership and strategic decision-making are areas where human input is irreplaceable. AI can provide valuable data and insights to inform decision-making, but it cannot replace the vision, creativity, and ethical considerations that human leaders bring to the table. Effective HR leadership requires a deep understanding of an organisation’s goals, values, and people, as well as the ability to navigate complex challenges and make decisions that balance the needs of the business with the well-being of employees.

The future of HR is not about AI replacing humans, but about humans leveraging AI to become more productive, data-driven, and strategic. The human element will always remain essential in areas that require judgment, empathy, and relationship-building.

To fully harness the potential of AI in HR, companies need to adopt a strategic approach to its implementation. This approach includes several key components:

· Training and upskilling of HR Professionals

· Ensuring ethical use of AI

· Balancing AI and human judgment

· Fostering a human-centred HR culture

· Continuously evaluating the impact of AI

Companies should also be open to evolving their approach to AI as new technologies emerge and the business landscape changes. Staying agile and adaptable will be critical to ensuring that AI continues to add value to HR processes over the long-term.

Conclusion

So, the question of whether AI will replace HR is, in many ways, the wrong question to ask. The real focus should be on how AI can complement and enhance the work of HR professionals, allowing them to be more effective, strategic, and responsive to the needs of their organisations and employees.

AI certainly has the potential to transform HR by automating routine tasks, provide data-driven insights, and enable more personalised and scalable HR solutions. However, the human element in HR - characterised by empathy, judgment, creativity, and relationship-building - remains irreplaceable.

As we look to the future, the most successful HR teams will be those that leverage AI to enhance their capabilities while staying true to the core values of human-centric HR management. By embracing a collaborative approach that combines the best of AI and human expertise, companies can create a more efficient, effective, and compassionate HR function that is well-equipped to meet the challenges of the modern workplace.

Annual Leave: Employees Failing to Use their Entitlements

tara@mssthehrpeople.ie (Tara Daly) — Fri, 30 Aug 2024 14:38:09 GMT

According to recent research by FRS Recruitment, over 40% of employees are not fully using their annual leave entitlements. The results show of those who did take leave, 46% used it for international travel, 15% for family matters, 9% for personal reasons, and 4% due to illness. Alarmingly, 19% of employees did not take at least five days off, or a full working week - while 15% left four days unused.

This survey highlights the need for employers to actively encourage their teams to make full use of their annual leave, which is crucial for both the mental health and well- being of employees.

A report by CIPD and the Kemmy Business School at the University of Limerick found that mental health issues contributed to 22% of worker absenteeism last year, up from 17% in 2022. This rising trend highlights not only the increasing strain on workplace resources but also underscores the critical need for organisations to invest in mental health support and effective absenteeism management strategies. Employers can help employees maximise their leave by promoting early holiday planning and assisting in coordinating time off that suits both the employee and the organisation.

It’s also essential that employers remember their legal obligation under the Organisation of Working Time Act 1997-2001 to ensure that all employees receive their full annual leave entitlements. Regular reminders to employees are important, as payment in lieu of holidays is not legal.

As we enter the final quarter of the year, now is a good time to remind staff to use their remaining leave or clarify if it can be carried over. Leave can only be carried over into the next year if both the employee and employer agree, and it must be used within six months of the new leave year. While companies may set their own leave year, businesses should be mindful that the legal leave year under the Organisation of Working Time Act runs from 1st April to 31st March.

For further information and guidance in relation to managing Annual Leave, contact our experienced team at MSS The HR People

Are Employers Doing Enough for Diversity, Equality, and Inclusion?

tara@mssthehrpeople.ie (Tara Daly) — Fri, 30 Aug 2024 14:33:30 GMT

While many organisations have implemented diversity, equality, and inclusion (DEI) policies, simply having these policies in place is often where the effort stops. However, a policy alone is not enough to create meaningful change. Employers must go beyond the written word to ensure that these principles are effectively integrated into the workplace culture.

The challenge lies in the gap between policy and practice. A DEI policy might outline the company's commitment to a diverse and inclusive environment, but without actionable steps and ongoing education, it can become little more than lip service. This disconnect can result in a workplace that appears inclusive on paper but fails to provide genuine support and understanding for all employees.

To truly embed DEI into an organisation's culture, there needs to be a concerted effort to educate both leadership and employees. This involves raising awareness about disabilities, neurodiverse challenges, and other forms of diversity that may not be immediately visible. By fostering a deeper understanding of these issues, teams can work together more effectively, ensuring that all employees feel valued and supported.

One key step is providing regular training sessions that go beyond the basics of DEI. These sessions should be tailored to address specific needs within the organisation, focusing on practical strategies for managing diversity and supporting employees with disabilities. This might include workshops on communication techniques, adapting workspaces, or understanding different learning and working styles.

Moreover, it’s essential for organisations to actively engage with their teams in discussions about DEI. Encouraging open dialogue allows employees to voice their experiences and concerns, which can lead to more informed and inclusive decision-making. This proactive approach helps identify potential issues before they escalate and demonstrates a genuine commitment to inclusion.

Organisations should also consider seeking external support and guidance to ensure they are effectively managing diversity and disabilities in the workplace. This might involve partnering with DEI consultants, attending industry seminars, or joining networks that specialise in workplace inclusion. External experts can provide valuable insights and resources, helping to bridge the gap between policy and practice.

In conclusion, having a DEI policy is only the first step toward creating a truly inclusive workplace. Employers must go beyond the policy by educating themselves and their teams, engaging in open dialogue, and seeking external support. By taking these proactive steps, organisations can create a work environment where diversity is not only acknowledged but actively celebrated and supported. This approach will not only foster a more inclusive culture but also drive innovation, productivity, and overall employee satisfaction.

Employment Contracts: A Comprehensive Guide for Employers

tara@mssthehrpeople.ie (Tara Daly) — Mon, 19 Aug 2024 09:10:26 GMT

Your Legal Requirements and Employer Obligations

Let’s look at what information should be included in an employment contract.

5 Best Practices Steps for Maintaining Up-to-Date Contracts

To ensure that your employment contracts remain current and effective, consider implementing the following best practices:

1. Review Regularly to ensure your contracts reflect the latest legal requirements and company policies. This can be done annually or whenever significant changes occur within your organisation.

2. Consult Experts who specialise in employment law and who can review and update your contracts where needed.

3. Communicate any changes to contracts clearly and promptly to your employees. Provide them with updated copies of their contracts and ensure they understand the implications of any amendments.

4. Maintain Accurate Records of all employment contracts and any amendments made. This documentation can serve as crucial evidence in the event of a dispute or legal challenge.

Conclusion

Frequently Asked Questions Regarding Employment Contracts

Parent’s Leave to be extended!

tara@mssthehrpeople.ie (Tara Daly) — Wed, 31 Jul 2024 15:08:29 GMT

Parent’s Leave to be extended!

As of the 1st August 2024, Parent’s leave will be extended from 7 weeks to 9 weeks.

This means that if an employee is a parent of a child who is two years old or less, or if they have adopted a child within two years or less, as of 1st August 2024, they can claim the extra two weeks of leave. This leave must be taken before the child's second birthday or within two years of the adoption date.

Parent’s Benefit will also increase from 7 weeks to 9 weeks per parent (if eligible), meaning employees who qualify for Parent’s Benefit will receive €274 per week from the State.

Employers will need to review their existing policies and handbooks to reflect this change and should also ensure that managers are aware of the increased entitlements.

For queries on the changes, contact our team of HR specialists at MSS.

Government Approval for Changes to Maternity Leave Legislation

tara@mssthehrpeople.ie (Tara Daly) — Wed, 31 Jul 2024 15:06:10 GMT

Earlier this month, the Government approved the drafting of a Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024 which proposes to introduce key changes aimed at providing better support for mothers undergoing treatment for serious illnesses.

This proposed Bill, if enacted, would allow mothers who require treatment for serious illnesses such as cancer, to postpone their maternity leave thereby ensuring that women would not have to use their maternity leave while undergoing medical treatment.

The General Scheme will now be referred to the Office of the Attorney General for the drafting of the Bill.

Implications for Employers:

This proposed change underscores the importance of supporting employees during challenging times and highlights the need for employers to stay informed and prepared for legislative updates. If the proposed Bill, once drafted, is introduced, employers will need to amend policies and procedures and ensure that employees are informed of any changes.

The team at MSS will update you on the progress of this Bill.

HR Strategies for Managing Remote Working

tara@mssthehrpeople.ie (Tara Daly) — Tue, 16 Jul 2024 12:00:04 GMT

The landscape of remote working in Ireland has undergone considerable transformation in recent years. While the recent pandemic necessitated a swift to remote work, this has since evolved into a more permanent fixture for many businesses.

New legislation mirrors this evolving requirement for more adaptable employment engagements as both employers and employees navigate new modes of communication, collaboration, and productivity.

Recent research from The Stepstone Group found that nearly half of Irish jobseekers would refuse a job offer if there were no hybrid or fully remote working options offered. Indeed, a good work-life balance was the top job preference among Irish professionals.

What does this mean for employers?

With the jobs market now firmly in favour of employees, the onus is on employers to provide their employees with a comprehensive remote working policy to ensure clarity, consistency, and compliance with national legislation. Such a policy should outline the expectations for remote work, including availability, communication protocols, and productivity measures. It should also cover the provision of necessary equipment, support for setting up a home office, data protection guidelines, and health and safety considerations.

Employers must also consider the implications of remote work on employees’ work-life balance and include measures to support mental well-being. By addressing these aspects, employers can foster a positive and productive remote working environment that benefits both the organisation and its employees.

Let’s take a deeper look into the details of the legislation that as an employer, you need to be aware of.

1. Right to Request Remote Working: Under the National Remote Work Strategy, employees in Ireland have the right to request remote working arrangements. When an employee submits a request for remote working, employers are expected to review it carefully, considering the suitability of the role for remote work, the employee’s circumstances, and the potential impact on the team and organisation. If an employer finds it necessary to refuse a request, they must provide clear, objective reasons for their decision. These reasons could include concerns about productivity, the necessity of in-person collaboration, or the nature of the employee’s duties that require a physical presence in the workplace.

Employers are also advised to keep records of all requests and their outcomes to ensure transparency and accountability. This practice can help in addressing any disputes or misunderstandings that may arise and demonstrates the employer’s commitment to fair and equitable treatment of all employees.

2. Right to Disconnect: The Right to Disconnect is a critical aspect of modern employment, particularly in the context of remote work where the boundaries between professional and personal life can blur. The Code of Practice on the Right to Disconnect serves as a guideline for employers to create a work culture that respects employees’ off-duty hours, thereby promoting a healthier work-life balance.

Employers are expected to establish clear policies that discourage work-related communications outside of normal working hours. This includes emails, phone calls, and any other forms of digital communication that could infringe upon an employee’s personal time. The aim is to prevent the expectation of employees being perpetually available, which can lead to burnout and negatively impact mental health.

3. Health and Safety Compliance: Health and safety compliance is a fundamental responsibility for employers, even when employees are working remotely. This duty extends to ensuring that all remote workstations meet the same health and safety standards as those in the office.

For example , employers must ensure that remote employees have access to suitable equipment, including ergonomic chairs, desks, and computer monitors that meet DSE (Display Screen Equipment) standards. This may involve providing employees with the necessary equipment or offering a stipend for them to set up their home office appropriately.

Conducting ergonomic assessments is another critical step in safeguarding the health and safety of remote workers. Employers can do this by providing self-assessment checklists or arranging for professional evaluations of home workstations. These assessments help identify potential risks such as poor posture, inadequate lighting, or improper screen placement that could lead to strain injuries or other health issues.

In addition to physical health considerations, employers should also address the psychological aspects of remote work. This includes ensuring that employees take regular breaks, encouraging a separation between work and personal life, and providing support for mental health concerns.

4. Tax and Expenditure Considerations: It is important that the tax implications of remote working be carefully reviewed, particularly concerning expenses and allowances for remote workers. For example, employers can provide an allowance of €3.20 per day to cover home expenses for remote workers. Employers must stay informed about any legislative changes in the treatment of remote working for tax purposes.

5. Equality and Inclusion: To maintain equality and foster a collegial workplace, employers are advised to design remote working policies that ensure inclusivity and do not favour office-based employees. It is crucial that all employees, regardless of location, have equal access to career advancement, training, and project involvement.

Employers should facilitate regular communication to include remote workers in all aspects of the workplace, provide comparable resources and support, implement fair performance metrics, and cultivate an organisational culture that values diversity. Equitable access to technology and feedback mechanisms are also essential to enable effective performance and continuous improvement of remote working practices.

By focusing on these key areas, employers can create supportive and legally compliant remote working policies. Once created, these policies should be communicated effectively to all employees, ensuring that everyone understands their rights and responsibilities.

Through the adoption of effective remote working policies, employers can create a more enduring work environment that prioritises the well-being of employees as much as their productivity

At MSS – The HR People, we work with business owners to ensure they establish the required policies for both remote and office-based employees and foster a positive work environment that supports and encourages work-life balance.

If you need assistance crafting your Remote Work Policy, please contact us today!

Building a Culture of Empathy in the Workplace

tara@mssthehrpeople.ie (Tara Daly) — Fri, 31 May 2024 11:56:18 GMT

In today's business environment, fostering a culture of empathy is crucial for creating a successful company.

Empathy in the Workplace means recognising and valuing the perspectives of others, which helps to build strong, cohesive teams and maintain high employee morale.

Why Empathy Matters

Focusing solely on work tasks without considering the people who perform them can lead to disengagement and high turnover. When a culture of empathy is prioritised, employees feel understood and valued, which can enhance job satisfaction, productivity, and loyalty.

Strategies for Building an Empathy Culture

Develop a Clear Empathy Strategy

Plan and Set Goals: Outline specific steps and objectives for integrating empathy into your workplace culture. This strategy should detail how you will promote empathy and measure its impact.

Lead by Example

Top-Down Leadership: Leaders should model empathetic behaviour. This includes actively listening to team members, considering their viewpoints, and showing understanding in decision-making processes. Demonstrating empathy at the leadership level encourages the entire team to adopt similar behaviours.

Promote Inclusive Interaction

Encourage Cross-Team Interactions: Create opportunities for employees to interact with colleagues outside their immediate teams. This can include cross-departmental projects, social events, or team-building activities. Such interactions help employees understand different perspectives and foster a sense of unity.

Empathy Training

Educational Programs: Implement training sessions that educate employees on the importance of empathy. These programs should teach skills such as active listening, recognising emotional cues, and effective communication.

Continuous Learning: Provide ongoing opportunities for employees to develop their empathy skills through workshops, seminars, and online courses.

Empathy-Driven Policies

Policy Integration: Embed empathy into company policies and practices. This might include empathy-focused communication guidelines, meeting structures that allow for sharing different viewpoints, and conflict resolution procedures that prioritise understanding and compassion.

Encouraging Perspective-Taking: Regularly incorporate activities in meetings that encourage employees to consider and discuss different perspectives.

Benefits of an Empathetic Workplace

Promotes Diversity, Equality, and Inclusion: A culture of empathy naturally supports DEI initiatives by valuing diverse perspectives and fostering an inclusive environment.

Prevents Negative Behaviours: By emphasising understanding and respect, empathy can help mitigate issues such as bullying and harassment.

Enhances Employee Well-Being: Employees in empathetic environments often experience lower stress levels and higher overall well-being, contributing to a more positive and productive workplace.

In conclusion, building a culture of empathy requires intentional effort and commitment from all levels of an organisation. By implementing these strategies, businesses can create an environment where employees feel valued, understood, and motivated to contribute their best work.

Author:

Tara Daly

Managing Director, MSS

The Gender Pay Gap Snapshot Date Has Arrived

tara@mssthehrpeople.ie (Tara Daly) — Fri, 31 May 2024 11:44:02 GMT

The Gender Pay Gap Information Act 2021 requires employers to publish a report on the wage gaps between males and females employed within their businesses over the previous twelve months.

The gender pay gap is the difference in the average hourly wage of men and women across the workforce.

Employers with 150 or more employees must choose a date in June, known as the “snapshot” date, to base their report on, which will show the gender pay gap in their organisation and should reflect all employees who are employed on this date, whether or not they are at work.

The report will be based on the 12 months preceding the “snapshot” date and must be completed and published on the Organisation’s website before the end of the year.

The Act requires organisations to report on their hourly gender pay gap across a range of metrics.

This report should include;

· the mean and median gap in hourly pay between men and women.

· the mean and median gap in bonus pay between men and women.

· the mean and median gap in hourly pay of part-time male and female employees

In addition, where any pay gaps are identified, employers must set out the reasons for this and the measures (if any) being taken, or proposed to be taken, to eliminate or reduce any such pay gaps.

It is important to note that this reporting requirement will apply to businesses with 50 or more employees as of 2025.

Employers should use this as an opportunity to consider the reasons for any gender pay imbalance and whether changes are required to their policies and practices.

Author:

Tara Daly

Managing Director, MSS

Building Success from Within: Why Your Business Needs a People Strategy

tara@mssthehrpeople.ie (Tara Daly) — Thu, 30 May 2024 09:02:08 GMT

Building Success from Within: Why Your Business Needs a People Strategy

As experienced HR professionals, we’ve seen firsthand the transformative power of a well-executed people strategy. It's not just about hiring and firing; it's about creating an environment where every individual feels valued, understood, and motivated to contribute to the company's success.

What is a People Strategy?

A people strategy is a roadmap for how a business will manage, motivate, and develop its workforce to achieve its overall objectives. It's about aligning your people's skills, talents, and diversity with your business goals.

For SMEs, a people strategy is even more critical. With smaller teams, each individual plays a significant role in the company's success or failure. A well-thought-out people strategy can help small businesses attract and retain the right talent, foster a positive work culture, and ultimately drive business growth.

Building in Diversity and Inclusion

In today's globalised world, diversity and inclusion are more than just buzzwords—they're business imperatives. A diverse workforce brings a variety of perspectives, ideas, and experiences that can drive innovation and improve decision-making.

Inclusion, on the other hand, ensures that these diverse voices are heard and valued. An inclusive work environment promotes engagement, boosts productivity, and enhances employee satisfaction.

Implementing a People Strategy

Implementing a people strategy involves several key steps:

1. Define your objectives: What do you want to achieve with your people strategy? This could be anything from improving employee retention to fostering a more inclusive work culture.

2. Assess your current situation: Understand your current workforce's strengths and weaknesses. This will help you identify areas for improvement.

3. Develop your strategy: Based on your objectives and current situation, develop a strategy that addresses your identified areas for improvement. This could involve initiatives like diversity hiring programs, leadership development training, or employee wellness programs.

4. Implement your strategy: Once developed, the next step is to put your strategy into action. This might involve hiring new staff, rolling out training programs, or implementing new HR policies.

5. Monitor and adjust: Regularly review your strategy's effectiveness and make necessary adjustments. Remember, a people strategy is not a set-and-forget solution—it needs to evolve with your business and workforce.

In conclusion, a people strategy is not a luxury - it's a necessity for any SME business aiming for long-term success. Remember, your people are your business. Invest in them, and they will invest in you.

At MSS – The HR People, we work with business owners to ensure they have effective and sustainable people strategies that drive growth, engagement, and overall success.

If you need assistance crafting your people strategy, please contact us today!

Why Equality, Diversity, and Inclusion are so Important in Today’s Workplaces

tara@mssthehrpeople.ie (Tara Daly) — Wed, 08 May 2024 10:58:23 GMT

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.

General Scheme of the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024

Tue, 30 Apr 2024 16:34:26 GMT

General Scheme of Employment Bill 2024

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.

A Closer Look at Public Holiday Entitlements

Tue, 30 Apr 2024 16:34:20 GMT

Employees in Ireland are entitled to ten paid public holiday per year.

While the term Public Holiday and Bank Holiday are often used interchangeably, there is a difference and it is only the ten Public Holidays that an employee is entitled to paid for under the Organisation of Working Time Act 1997. (OWTA)

* Good Friday is not a Public Holiday and is a normal working day.

Public holidays are:

New Year's Day (1 January)

First Monday in February, or 1 February if the date falls on a Friday

Saint Patrick's Day (17 March)

Easter Monday*

First Monday in May

First Monday in June

First Monday in August

Last Monday in October

Christmas Day (25 December)

Saint Stephen's Day (26 December)

Easter Monday is the only public holiday that the date will change significantly from year to year.

Calculating Public Holidays

An employee is entitled to whichever of the following the employer determines:

a) a paid day off on that day

b) a paid day off within a month of that day

c) an additional day of annual leave

d) an additional day of pay

The entitlement to the benefit for Public Holidays begins immediately at the commencement of employment for Full-time employees; Part-time employees however must have worked a minimum of 40 hours in the previous 5 weeks to gain the entitlement.

When an employee works on a public holiday, in that case they are entitled to be paid for the day in accordance with their terms and conditions of employment. In addition, they also have an entitlement to benefit for the public holiday as follows;

If the business is open and the employee works on that day, in that case, the employee is entitled to be paid for that day and to either, an additional day of annual leave, a paid off within a month, or an additional day's pay. Where an employee is on a fixed rate (i.e. hourly rate/salary) that does not vary in relation to the work done, this additional day's pay is calculated based on the payment they received for the normal daily hours last worked before the public holiday.

If an employee is not normally rostered to work on the day that the Public Holiday falls, then they will be entitled to one-fifth of their normal weekly wage. As above, where an employee’s pay does not vary in relation to the work done (i.e. hourly/salary), this normal weekly wage, is calculated based on the normal weekly hours last worked before the public holiday;

If the business is closed on the public holiday and an employee would normally be due to work, then they get their normal day's pay or can receive a paid day off within one month or receive an additional day of annual leave.

Where the public holiday falls on a day which is not a normal working day for that employee such as a weekend and an employer chooses to give an additional day off, this does not have to fall on the Monday, contrary to what some people might believe, this must however be given within one month of the Public Holiday.

Entitlement After Leaving Employment

If an employee ceases to be employed for any reason during the week ending on the day before a public holiday, having worked during the 4 weeks preceding that week, then the employee is entitled to receive pay for the public holiday.

Note to Employers

Although it can seem easier to apply a one size fits all approach to calculating Public Holidays, it is important to make sure that the way you are calculating them is compliant and that you do not leave your business exposed to claims of underpayment.

For advice and guidance on Public Holiday calculation, please contact the team at MSS today.

Beyond Compliance: The Strategic Impact of HR Audits

Thu, 18 Apr 2024 15:01:12 GMT

Beyond Compliance: The Strategic Impact of HR Audits

In this blog we’re going to look at why a HR audit is essential for maintaining compliance, improving processes, and fostering a positive workplace culture

A HR audit serves as a powerful tool to uncover potential issues, address gaps that might have been overlooked, and offer valuable feedback that only an impartial review can provide. It involves objectively examining your HR policies, procedures, and practices to identify areas for improvement and ensure compliance. Once successfully completed, your organisation can proceed with unwavering confidence in your HR function and upper management.

Let’s look at some of the compelling reasons why a HR audit is essential:

Legal Compliance and Staying Current: Employment law is constantly evolving and keeping up with new regulations can be overwhelming – especially for an SME without a dedicated HR function, or indeed for a HR Specialist working alone within an SME business. A HR audit will provide an in-depth review of all your policies and procedures to ensure you adhere to your employer obligations. It also helps you stay up to date with ever-evolving employment trends so that you can retain and grow a happy workforce.

Avoid Legal Pitfalls: A significant number of employee complaints to the Workplace Relations Commission and the Labour Court were lost because companies did not have the correct procedures in place. By assessing compliance, you can prevent costly fines, penalties, or legal disputes arising from non-compliance.

Benefits Optimisation: Eliminate the guesswork. A HR audit removes uncertainty around benefits packages by ensuring that your employees receive the right benefits, such as pension and leave policies.

Reduce Employee Turnover: An audit will examine turnover rates and identify underlying causes. By addressing these issues, you can retain valuable talent and reduce recruitment costs.

Organisational Structure and Job Descriptions: An audit will help you update and refine job descriptions, ensuring alignment with your organisational goals. Assessing organisational structure also allows you to optimise reporting lines and streamline processes. In parallel, having clear job descriptions can enhance employee understanding of their roles and enhance efficiency.

Addressing Harassment and Promoting a Positive Workplace: With staff retention high on every employer’s agenda, fostering a respectful work environment is of paramount importance. An audit can help identify gaps in your anti-harassment policies and training and suggest remedies for plugging those gaps.

Employee Records and Documentation: From employment contracts to recording leave, employers must maintain accurate and compliant employee records, contracts, and other documentation. An audit will ensure proper record-keeping and make suggestions for improvements where needed.

At MSS-The HR People, we specialise in conducting professional and thorough HR audits. Our expertise in employment legislation ensures that your organisation remains legally compliant, operationally efficient and maintains a positive workplace. Should the need arise, we can defend you against claims in the Workplace Relations Commission and Labour Court.

Remember, a proactive HR audit is an investment in your organisation’s long-term success.

To read more about our bespoke Audit service, head to https://www.mssthehrpeople.ie/hr-audit or call us today on (01) 887 0690

Author:

Tara Daly

Managing Director, MSS

New Codes of Practice for Employers and Employees on the Right to Request Flexible and Remote Working

tara@mssthehrpeople.ie (Tara Daly) — Thu, 21 Mar 2024 16:21:06 GMT

In this article we will outline:

The purpose of the WRC Codes of Practice regarding remote working
Examples of what constitutes remote working
Details of what the Remote Working request should include
Details of what the employer should include in their response

The WRC has now published the long-awaited Codes of Practice for Employees on the Right to Request Flexible Working (FW) and Right to Request Remote Working (RW).

The purpose of these Codes is to provide practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with requests for both remote working and flexible working.

These Codes were produced under the Work-Life Balance and Miscellaneous Provisions Act 2023, which also brought about a number of other changes in the last year, including Domestic Violence Leave and Leave for Medical Care Purposes.

While a Code of Practice is not legislation and failure to comply with the code is not an offence in itself, the Code of Practice is admissible in evidence in the Labour Court or to an Adjudication Officer of the WRC, and an employer’s compliance will be considered when determining any case before it.

Specifically, the purpose of the Code is to:

set out the detail of the processes regarding making and managing requests for flexible working (FW) and remote working (RW) including when changes are sought or made to the agreed arrangement;
support employers in objective, fair and reasonable decision-making when considering requests for FW or RW;
offer practical guidance on best practice to employers, employees and/ or their representatives to ensure compliance with the legislation;
assist in developing workplace policies and procedures for dealing with flexible working and remote working requests so as to provide clarity, transparency and consistency for both employees and employers;
provide guidance for the resolution of disputes in relation to requests for FW or RW insofar as it relates to the processing of the requests;
provide information to the public in relation to the relevant enactments.

FLEXIBLE WORKING (FW)

The Code of Practice defines and sets down a number of examples of what constitutes Flexible Working, including; Part-time work; Term-time work; Job-sharing; Flexitime; Compressed working hours and Remote Working.

REMOTE WORKING (RW)

The Code of Practice outlines that all employees have the right to request Remote Working, which was defined in the Work Life Balance Miscellaneous Provision Act 2023 as, an arrangement whereby some or all of an employee's work is carried out at a place other than the employer’s place of business without change to the working hours or duties.

In order for an employee to make a statutory request for FW they must have six months continuous service and must be;

the parent or acting in loco parentis to a child under 12 years of age or under 16 years if the child has a disability or illness and who is or will be providing care to the child, or

providing or going to provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also be in need of significant care or support for a serious medical reason.

The Right to Request RW

All employees have the right to request remote working from the first day of the employment; However, as with FW, the employee must complete a minimum of 6 months continuous employment before the request can be approved, and the arrangement can start.

MAKING THE REQUEST

Both Codes outline that the employee must submit a request for RW or FW to the employer in writing, signed by the employee and at least 8 weeks before the proposed starting date.

The request for Remote Working must set out

details of the RW arrangement i.e. how many days and which days

requested; and

the proposed starting and end date of the arrangement, if relevant;

and

the reasons for requesting RW.

A request for Flexible Working for caring purposes must include the following information to help the employer with the decision-making process:

the form of FW being requested;
the proposed starting date;
and proposed duration of the FW arrangement.

As an employer can ask an employee for any additional information that they may reasonably require about the person in need of care, employees are encouraged to include the following relevant documents and/or information with their original application so as to expedite the process:

details of whom the request for FW for caring purposes is in respect of i.e. a child or specified person;
a copy of the child’s birth certificate or certificate of placement from a registered adoption agency or Tusla (the Child and Family Agency)

RIGHT TO A RESPONSE

When an employer receives a request for either RW or FW they must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request.

The response must

Approve the request; and provide an agreement signed by the employer setting out the relevant details
Provide notice in writing refusing the request and setting out the reasons as to why the request was refused
Give written notice that more time is needed to assess the request, setting out the timeframe for a response

When considering a request for both RW or FW the employer must have regard to the needs of the business and the needs of the employee. The Codes helpfully outline a number of factors which an employer may also take into account including; the type of work; key duties, access to equipment, how manual the role is; requirement for face to face engagements and the affect the FW or RW would have on the service quality or organisational operations including the number of staff on leave or on FW or RW arrangements already.

The Codes provide protection of employees from penalisation for making a request and sets out the requirement for record keeping is three years for approved FW arrangements and one year all notices either given or received by the employer, and failure to keep these records is liable on summary conviction to a fine of €2,500.

Key Takeaways

Employers will need to ensure that they can show that they have fully considered the requests received by the employee, that their policies reflect the Codes of Practice and that they have evidence to show that they have adhered to them.

For advice and guidance on implementing these Codes of Practices in your workplace, contact the team at MSS The HR People.

Author:

Tara Daly

Managing Director, MSS

Navigating Difficult Workplace Conversations

tara@mssthehrpeople.ie (Tara Daly) — Thu, 21 Mar 2024 12:03:51 GMT

Communicating with people who are challenging can be difficult. Indeed, engaging with an employee who constantly challenges your ideas or who seems perpetually dissatisfied, requires tact, empathy, and assertiveness as it is precisely in these situations that effective communication becomes crucial. When working with others, especially in a team setting, maintaining open lines of dialogue is essential for success. So, let’s delve into strategies for handling those challenging conversations.

Have an open conversation:

Any issues with employees should be addressed by having an open and respectful conversation about improving your professional relationship. Listen to their perspective and explore ways to adjust your interactions. Clear up any misunderstandings through open dialogue and schedule ongoing discussions to strengthen your working relationship.

Get to know your Team:

Building the relationship beyond work is a great way to strengthen your connection with a challenging employee. Create a comfortable environment to learn about each other's interests and backgrounds and use conversation starters like discussing hobbies, interests, even the latest match results or work achievements to deepen your connection.

Set a Good Example:

Set a positive example when dealing with a challenging employee by prioritising professionalism and avoiding hostility or retaliation. Acknowledge any mistakes made, strive for better communication, and exhibit behaviours that can positively influence them to do the same.

Avoid Workplace Gossip:

Resist the temptation to gossip about difficult team members in the workplace. Engaging in gossip can harm your reputation and damage trust among colleagues, potentially leading to decreased morale and a toxic work environment.

General Rules to go by;

When dealing with conflict remember to at all times:

• Stay calm - Resist the urge to retaliate and be hostile with your co-worker, as being calm will rationalise the situation.

• Listen - If an employee is being difficult, listen to their side of the situation.

• Create boundaries as to what is inappropriate and what you are not comfortable with. For example, if an employee is always being negative or questioning your decisions, you need to let them know how you feel before it escalates.

Remember, it’s not just about getting the job done; it’s about fostering collaboration, understanding, and achieving common goals.

By mastering the art of communication, you can keep stress levels down, build stronger relationships, and create a more harmonious work environment.

By Tara Daly

Contract of Employment Explained

Mon, 19 Feb 2024 16:25:09 GMT

In Ireland, it is a legal requirement that when someone works for you, there is a contract of employment in place.

Simply put, this contract acts an agreement that your employee will work for you, and you will pay them for that work. While initially, it may be the case that not all the terms and conditions of employment are agreed, nonetheless, a contract must exist.

An employment contract may be verbal, written, or a combination of both verbal and written. However, it is worth noting that while the contract of employment need not legally be in writing, the Terms of Employment (Information) Act 1994 does set out a legal requirement that certain Terms and Conditions be provided to your employee within one month of them commencing their employment. Meanwhile, the Employment (Miscellaneous Provisions) Act 2018 sets out core terms and conditions that must be supplied within 5 days of commencement of work.

What must be include in the 5-day statement of core terms of employment?

As mentioned above, the Employment (Miscellaneous Provisions) Act 2018 sets out that within 5 days of commencing employment, you the employer must give your employee a written statement of the following terms of employment:

1. The full names of the employer and employee;

2. The address of the employer, or of the principal place of business;

3. The place of work, or where there is no fixed or main place of work, a statement stating that there are various places or you are free to set your own place of work or to work at various places;

4. The title, grade or nature of the work (such as a brief job description);

5. The date of commencement of the contract of employment;

6. The expected duration of the contract (if the contract is temporary or fixed-term);

7. The remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled, and the pay reference period for the purposes of the National Minimum Wage Act, 2000;

8. The Number of Hours the employer reasonably expects the normal length of your working day and week to be;

9. The duration and conditions relating to the probation period if applicable;

10. Any terms or conditions relating to hours of work, including overtime.

Written statement of terms of employment

Following on from the initial 5 days work period, the Terms of Employment Information Act 1994 stipulates that your employee must receive a written statement of terms and conditions within one month of them starting work with you. The following must be included in that statement:

1. The full names of the employer and the employee;

2. The address of the employer;

3. The employee may request a written statement of the average hourly rate of pay;

4. Whether pay is weekly, fortnightly, monthly, or otherwise

5. Terms or conditions relating to paid leave other than paid sick leave)

6. Any terms or conditions relating to incapacity for work due to sickness or injury

7. Any terms or conditions relating to pensions and pension schemes

8. Periods of Notice or method for determining periods of notice

9. A reference to any collective agreements which affect the terms of employment;

10. A reference to any appliable REA or ERO and where the employee may obtain a copy of same;

11. The training entitlement, if any, provided by the employer;

12. If the employee is a temporary agency worker, the identity of the user undertakings;

13. If the work pattern is entirely or mostly unpredictable, the statement must state:

a)that that work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours

b)the reference hours and days within which the employee may be required to work

c)the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with Section 17 of the Organisation of Working Time Act 1997, and

d)where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.

Failing to have the required employment contracts in place or failure to issue these Terms and Conditions on time, may leave your business vulnerable to claims. Luckily, we’re here to help you!

Give us a call today and we will ensure your contracts and are up-to-date and all your employees receive the required documentation in a timely and efficient manner.

By Hugh Hegarty

Why is Staff Training More Important than Ever Before?

tara@mssthehrpeople.ie (Tara Daly) — Wed, 14 Feb 2024 11:36:09 GMT

Why is Staff Training More Important than Ever Before?

In this article we look at:

- What HR training should be given to employees?

For some SMEs, the absence of a HR and Training Department may result in a lack of resources or time to priortise employee training. For others, they may struggle to know where to start.

Employee training is a crucial aspect of any organisation. When done correctly, it is an investment that pays off long into the future. Training helps employees to acquire new skills and knowledge, which in turn increases their productivity and job satisfaction. It also helps to reduce employee turnover rates and builds loyalty as your people are encouraged to “climb the leadership ladder”.

Additionally, training can help create a positive work environment and foster a culture of learning and growth which, in today’s fast-paced business world, makes staff training more important than ever before.

In this blog, we will discuss the importance of staff training, the types of training that should be given to employees, and the role HR plays in rolling out a comprehensive training and development programme.

Who is responsible for training employees?

As an employer, it is your responsibility to train employees in the skills necessary to perform their jobs effectively and to make them aware of employment legislation. As with many roles within your organisation, you can choose to hire an in-house HR specialist to assist with this, or outsource the role.

Why is staff training important for an SME?

Training is essential for building an effective workforce. It allows employees to become more effective while also increasing job satisfaction and reducing employee turnover.

Providing a varied and consistent training schedule can help with:

Employee satisfaction: Effective investment in employee training can help improve job satisfaction and increase employee loyalty – a valuable attribute in today’s competitive job market.
Standardising work processes: When your employees are exposed to training, it helps to standardise your work processes, which can lead to increased productivity and performance.
Improving customer service: Providing training opportunities for customer service staff empowers them to improve customer service standards for the business which in turn, builds customer loyalty.
Preparation for new responsibilities: Training programmes can help prepare employees who are moving into higher roles and taking on more responsibilities within your organisation. When tailored, these programmes can help them learn the skills that are required to function effectively in their new positions.
Compliance with regulations: Training can help ensure that your organisation is compliant with employment regulations and laws, such as those related to safety, health, and harassment.

What training should be given to employees?

When thinking about Employee training, it’s important to first start with the fundamentals. What training is necessary to ensure the safety of your people and to protect your Business?

There are many types of training available depending on the needs of your organisation. And again, depending on your organisation’s needs, these sessions can range from generic “out of the box” programmes to bespoke sessions tailored specifically to your organisation’s needs.

Here are a few areas you might want to consider as a starting point;

Dignity at Work Training- Training employees in Dignity at Work is key to protecting your employees against bullying or harassment by sending a clear message to all employees around acceptable behaviours in the workplace. Likewise, training managers and / or Nominated Persons on how to prevent and address bullying at work, as advised by the Code of Practice on the Prevention and Resolution of Bullying at Work, will help ensure that bullying is kept out of work and addressed appropriately should it raise its head.

Recruitment and Selection- Helping to ensure consistency in recruitment and selection practices will not only ensure you hire the right people, but will also protect your business against discrimination claims or grievances of unfair selection.

Disciplinary and Grievance Training- With a multi-layered and legal minded approach now required to conduct a disciplinary process, it is recommended that all your supervisors and managers be trained on how to conduct fair investigations. This will ensure a consistent and fair approach and help safeguard your business against Industrial Relations or Unfair dismissal Claims.

Identifying training requirements for your business can be done by speaking directly to your personnel through everyday interactions, appraisals, stay interviews, and even exit interviews, as well as through regular reviews of risk assessments and operational/role changes.

The role of HR in training and development

HR plays a critical role in training and development. Your HR team is responsible for designing and implementing training programmes that meet the needs of your organisation and your employees. HR is also responsible for ensuring that employees are trained in the skills and knowledge necessary to perform their jobs effectively.

Here are some of the key responsibilities of HR in training and development:

Identifying: As mentioned above, HR is responsible for identifying the training needs of your business and your staff.
Designing: Once those needs are identified, it’s important that the training programmes are tailored to meet those specific needs.
Implementing: Having identified what training is needed, your HR specialist is also responsible for ensuring staff engagement – especially when it comes to mandatory training.
Evaluating: As with all activities in business, evaluating the effectiveness of training programmes and making necessary changes will ensure greater staff engagement and a better return on your investment.

Conclusion

As we have seen, training is a critical investment in your workforce that can lead to increased productivity, improved morale, and reduced employee turnover. As an SME employer, it is your responsibility to ensure that your employees receive the training they need to succeed within your organisation.

HR plays a critical role in training and development and is instrumental in designing and implementing training programmes that meet your obligations as an employer and the needs of your wider organisation and team members. By investing in training now, you can build an effective workforce that is prepared to meet the challenges of the future.

MSS – The HR People offer a range of training programmes – both broad and bespoke; online and in-person. If you would like to speak to me about how we can help you develop and implement a comprehensive training programme for your business, drop me an email today at Tara@mssthehrpeople.ie . I look forward to hearing from you.

Check out our HR Training page here for more

By Tara Daly

Increases to the Minimum Wage Ireland Rate 2024

info@mssthehrpeople.ie (MSS HR) — Tue, 02 Jan 2024 10:19:37 GMT

Increases to the Minimum Wage Ireland Rate 2024

With effect from on 1 January 2024, the national minimum hourly rate will become €12.70.

The full rate applies to any employee who is at least 20 years of age except as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

Aged 20 or more - €12.70 (100%)

Aged 19 - €11.43 (90%)

Aged 18 - €10.16 (80%)

Aged under 18 - €8.89 (70%)

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, where the employer is a Sole Trader, or
A craft apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Alternative minimum rates may be set down under Sectoral Employment Agreements (SEAs) or created by Employment Collective Agreements .

Working Hours

Full time, part time, temporary, casual or seasonable employees are all entitled to the National Minimum Wage for hours worked.

Calculation of Hourly Pay (Reckonable Pay)

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero-hour protection)
Productivity-related bonuses
Service charge paid through payroll
Board of Lodgings- If you receive board or lodgings, that is food or accommodation from your employer, the maximum amounts that can be included from 1 January 2024 are for: -

- board only €1.14 per hour worked

- accommodation only €30.00 per week or €4.28 per day

Non- Reckonable Pay

The following payments cannot be included to make up the national minimum wage rate:

Pay Reference Period

The period over which you may calculate the average earnings (Pay Reference Period) may be a week, or a fortnight but must not be longer than one month.

Employee Complaints

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage or victimisation of an Employee.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their employer.

Steps for Employers

Employers should now implement the required changes to the rate of pay for those who are currently earning less than the new National Minimum Wage. There is no automatic right of an increase to those who are already earning in excess of the minimum wage, however, it is likely that some employers may face requests for the same.

Minimum Wage in Review

With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €54.60 per week, or an extra €2,832.20 gross per year. It remains to be seen how employers will cope with these increases.

Furthermore, since 4 March 2019 trainee rates have been abolished and in more recent times, lower minimum youth rates in Ireland have received criticism by policymakers for being too low to ensure a decent standard of living for young people. As such, there have been political debates this year to abolish or reform the lower minimum wage for young people, however, we will have to wait and see if the government will implement any changes in this regard.

Enhanced Reporting Requirements from January 2024

info@mssthehrpeople.ie (MSS HR) — Tue, 02 Jan 2024 10:01:38 GMT

The Finance Act of 2022, mandates employers to disclose specific details concerning expenses and benefits provided to employees and directors. The commencement of reporting for these expenses and benefits is set for January 1, 2024.

The Information required to be reported will include;

- Small Benefit exemption payments- i.e. the small benefits tax-free payments, that an employer may provide to an Employee each year, which can only be paid in a maximum of two payments, up to a value of €1,000 tax-free in total.

- Remote working and daily allowance- This relates to the maximum €3.20 per day that an employer may pay an employee who is working remotely, without deducting PAYE, PRSI, or USC.

When an employer is paying a Remote Working daily allowance, they must report the:

· total number of days

· amount paid, and

· date paid.

- Travel and Subsistence Payments

This relates to the travel expenses and subsistence payments employers pay to employees when they travel on business journeys or are working away from their normal place of work.

Employers must submit the following Travel and Subsistence items, including the date paid and amount of each payment for:

· travel vouched

· travel unvouched

· subsistence vouched

· subsistence unvouched

· site-based employees (including 'Country money')

· emergency travel and

· eating on site.

Revenue Online Service (ROS) will provide a means of manually submitting Enhanced Reporting Requirements (ERR) details. This facility will be similar to that currently used for payroll reporting.

Further information can be found at;

Returns by Employers in Relation to Reportable Benefits – Enhanced Reporting Requirements - ROS

Domestic Violence Leave Update

info@mssthehrpeople.ie (MSS HR) — Wed, 29 Nov 2023 11:20:20 GMT

The Work-Life Balance and Miscellaneous Provisions Act 2023, introduced, earlier this year, Domestic Violence Leave, which came into effect from Monday 27 ^th November 2023, and aims to provide support for victims of domestic violence.

Domestic Violence Leave Entitlement

Employees experiencing, or at risk of domestic violence, are now entitled to 5 days paid Domestic Violence Leave, within any consecutive 12-month period.

The leave can be taken without prior notice and can be used to access help from An Garda Síochána; source alternative accommodation; get a court order; seek medical attention; go to victim services organisations; seek counselling or other services.

This leave will be paid at the Employee’s regular pay and will include any additional premiums and allowances. Employers will need to ensure their payroll and recording systems allow for this new leave payment and that such payments are processed accordingly.

This leave may be taken together or as separate days.

Notice Given to Employer

When an Employee takes Domestic Violence Leave, they must inform their Employer they are going to, or have taken the leave and must also specify the dates on which the leave was taken, so that the Employer can give the appropriate support to the Employee during this time.

Employers should ensure payroll are appropriately notified where any payments are required, however, bearing in mind that it is advisable only essential information is shared for the purpose of payments required.

Details of domestic violence leave should be processed in accordance with General Data Protection Regulations (GDPR) and confidentiality should be maintained.

The Employee is not required to provide any evidence in support of the Domestic Violence Leave.

Next Steps for Employers

Employers are now also required to put in place a Domestic Violence Leave Policy and to keep a record of Domestic Violence Leave for a minimum of three years.

They should also nominate a designated contact person for the purpose of this policy and arrange for appropriate training.

A sample Domestic Violence Leave Policy and Domestic Violence Leave Request Form are available on the MSS HR Hub.

If you need any further guidance, please contact our HR Support Team and we will be happy to help you.

Sick Pay Increases Coming Soon

info@mssthehrpeople.ie (MSS HR) — Wed, 29 Nov 2023 10:47:49 GMT

In accordance with the Sick Pay Act 2022, sick pay entitlements are set to increase to 5 days within a 12 month period, from the current 3 days, with effect from 1 ^st January 2024.

Employers who do not operate a sick payment benefit scheme that is better than statutory sick pay, must ensure they apply the new increased entitlements and update their payroll arrangements to ensure that payment is made for five days and provide for increased payments in their annual budget.

Managers will need to be made aware of the increased entitlements, as they will need to seek medical certificates from employees where statutory sick pay is being sought.

Once an employee has exhausted their entitlement to employer-paid sick leave, they should move onto illness benefit, if eligible.

For employers whom, to date, did not apply the statutory sick pay scheme, as they operated a more favourable company sick pay scheme, they may need to review this again to make sure that on the whole, their scheme continues to be more favourable.

HR and Managers may need to update policies, contracts, sick pay policies, and any sickness absence forms to reflect these changes.

Further increases will continue to take effect in the coming years with 7 days planned for 2025 and eventually 10 days in 2026.

For advice or guidance on any matters relating to statutory sick pay, contact the MSS team at info@mssthehrpeople.ie

Navigating Disciplinary Procedures - Avoiding Common Pitfalls

Tue, 31 Oct 2023 15:59:32 GMT

Navigating Disciplinary Procedures - Avoiding Common Pitfalls

Disciplinary hearings and investigations form an essential part of any workplace, acting as a corrective tool for addressing employee misconduct and performance issues whilst maintaining a just and equitable work environment.

Nevertheless, employers sometimes stumble into common errors during these processes, potentially resulting in legal repercussions such as claims of unfair dismissal.

To sidestep these pitfalls, employers must grasp and uphold fair procedures throughout disciplinary proceedings. Here are some of the typical missteps employers should steer clear of:

Ignoring the Disciplinary Policy

A common mistake for employers is that they forget to check their policies before embarking on a disciplinary process. Employers must first review and adhere to their disciplinary policies. These policies should be regularly reviewed to reflect best practices, should outline the framework for handling disciplinary matters, and should be in accordance with the Code of Practice on Disciplinary and Grievances. Ignoring your policy can lead to accusations of unfair treatment.

Failing to Properly Train Managers

Some employers expect Managers or Supervisors to conduct Investigations or Disciplinary processes without any training, as they wrongly assume, often to their cost, it is a straightforward process whereby you simply hand an employee a warning letter. Failure to train your managers in how to properly conduct these processes can result in them inadvertently mishandling proceedings, leading to unfair outcomes and consequential awards against your business.

Unjustified Suspension

It is often wrongly believed that employers reserve the right to suspend an employee once they are investigating a matter. However, employee suspension should only be employed where there is a genuine risk to the business or process if the employee remains at work during the investigation. Suspension should be a measure of last resort. Employers should seek lesser options before suspending an employee; suspension should be used sparingly and in accordance with your internal policies and should always be on full pay and for as short as possible.

Absence of Impartiality

Some employers assume the same manager who conducts the investigation can also issue a disciplinary sanction. However, the person conducting the disciplinary hearing should be independent and impartial. Impartial in this context means someone previously unconnected with the issues involved, the previous stages of the process (i.e., not involved in the investigation) and it does not necessarily require a third party. One individual cannot act as both the Judge and Jury where it can be avoided.

Neglecting to Inform About the Right to Accompaniment

Employees should be informed of their right to be accompanied by a work colleague or union representative during the disciplinary process. Legal representation is generally not required but advice should be sought where such a request is made by an employee.

Avoiding Disproportionate Sanctions

The outcome of a disciplinary process, especially dismissal for misconduct, should be carefully considered and ensure the sanction can be justified as a reasonable sanction, based on the circumstances.

Acknowledging the Right to Appeal

Employees should always be advised of their right to appeal the outcome of a disciplinary process, providing them with a chance to challenge any perceived injustices.

Ensuring an Impartial Appeals Process

The appeal process should be conducted by someone who was not previously involved in the disciplinary process to ensure impartiality.

In conclusion, every employer should have a robust disciplinary policy in place and must follow it diligently. Failure to do so can lead to a higher risk of successful unfair dismissal claims, which can be costly and damaging to your organisation's reputation.

By adhering to fair procedures, making, and keeping good notes/records, and avoiding common mistakes, employers can ensure that disciplinary hearings and investigations are conducted fairly and legally, contributing to a more harmonious and productive workplace.

As always, for advice and guidance on navigating your way through disciplinary processes, don’t hesitate to get in touch with the team MSSTheHRPeople .

By Hugh Hegarty

An Initial Judgement Regarding Ireland's Sick Pay

tara@mssthehrpeople.ie (Tara Daly) — Tue, 31 Oct 2023 15:51:02 GMT

Employers have faced uncertainty as to what they could do due to the lack of clarity in the Sick Leave Act 2022, especially regarding the legal stance when an employer operates their own sick pay scheme.

The Sick Leave Act includes a thirteen-week service as a prerequisite, before providing payment from the initial day of absence. Currently, it allows for three days of sick pay within a twelve-month timeframe. The daily pay rate is set at 70% of the average daily wages earned in the thirteen weeks preceding the illness-related absence.

In the case of Karolina Leszczynska v Musgrave Operating Partners Ireland (ADJ-00044889) , the employee had been with the company since 2007 and was absent for four days in January 2023. However, the company only paid for one day of this absence, which was in accordance with their own sick pay scheme. The company argued that their scheme was more favourable than statutory sick pay. Their scheme included a six-month service requirement, three days of a waiting period (unpaid), and eight weeks of full pay in a rolling 12-month period.

The Sick Leave Act allows for provisions in the employment contract that are as or more favourable than statutory sick pay to apply instead. The Act stipulates that entitlement to statutory sick leave should replace any other provision, not add to it. Additionally, the Act does not apply if a company's sick pay scheme offers benefits that are “as a whole” better than statutory sick leave.

To determine if a company's sick pay scheme is indeed more favourable, several factors are considered, including; the service requirement, waiting period, duration of paid sick leave, the amount of sick pay, and the reference period of the scheme.

In this case, the Company did not pay for the first three days of sickness absence, and there was a six-month waiting period, as opposed to the 13 weeks required under the Ac. The good news for employers was that the Adjudicator determined that the benefits conferred under the company sick pay scheme, were “as a whole” more favourable than the Statutory Sick Pay.

Furthermore, it was recognised that the primary purpose of the legislation was to provide a benefit to employees who did not have a contractual entitlement to sick leave.

This decision has provided some much-awaited clarity for companies that offer their own sick pay scheme.

We would remind employers that statutory sick pay is due to increase, on the 1st of January 2024, to five days, and so this may mean reassessing whether their scheme continues to be as favourable or more favourable than Statutory Sick Pay in light of these additional entitlements.

Employers should consider whether they need to make any adjustments, amend any sick pay policies, and take steps to plan for the five-day entitlement in January 2024.

For further guidance and information in relation to sick pay, as always, our team here MSSTheHRPeople are here to help!

By Tara Daly

The Myth about Gross Misconduct

Tue, 19 Sep 2023 14:40:37 GMT

Many employers make the mistake of assuming that once an employee commits an act which they deem to be Gross Misconduct, an employer is obligated and entitled to automatically dismiss them without notice. However, this is not a foregone conclusion and employers should be very careful to consider each circumstance carefully.

Most employee handbooks and disciplinary procedures outline a non-exhaustive list of acts which constitute gross misconduct, such as theft, fraud, physical violence, serious negligence or serious breach of health and safety regulations.

However, just because these acts are listed as Gross Misconduct within an employment contract or Handbook, this does not automatically mean that an employee guilty of such acts should be dismissed.

Whilst Gross Misconduct is conduct so serious as to justify the summary dismissal of an employee, what constitutes Gross Misconduct may vary according to the particular circumstances of the employer and environment in which the employee works.

In particular, it must be borne in mind that the Labour court has made it clear that the law takes a very restricted view of what constitutes “Gross Misconduct”.

In looking at the DHL Express (Ireland) Ltd v. Michael Coughlan UDD1738 case for example; the Labour Court endorsed the Employment Appeals Tribunal decision in Lennon v Bredin M160/1978 where it was said that Gross Misconduct applies only to cases of “very bad behaviour of such a kind that no reasonable employer could be expected to tolerate the continuance of the relationship for a minute longer”.

Bearing this in mind, in a situation where an employer is considering Summary Dismissal for Gross Misconduct, the employer should ask the question; would a reasonable employer class the employee’s behaviour as so serious that it would not be reasonable to continue with the employment relationship or would a warning, even a final one, be a more appropriate sanction.

It must be remembered that a proportionate sanction is part of a fair process and employers should remember that before any consideration of a decision to dismiss for Gross Misconduct, a fair procedure should still be applied, and the matter should be investigated fairly in accordance with the company’s disciplinary procedure.

As always for further guidance and support, please contact our HR Support team and we will be happy to assist you.

By Hugh Hegarty

Bolivians entering Ireland - New visa requirements

info@mssthehrpeople.ie (MSS HR) — Tue, 19 Sep 2023 10:45:48 GMT

All Bolivian nationals will now require a visa before travelling to or through Ireland with effect from 12 ^th September 2023

The Department of Justice has recently announced, that from 12 ^th September 2023, all Bolivian nationals must obtain a visa before travelling to Ireland. In addition, a transit visa will also be required if Bolivian nationals wish to travel through Ireland to reach another destination.

This introduction for Bolivian nationals will bring Ireland into alignment with the visa requirements that apply in the UK and in the Schengen countries, which require all Bolivian nationals to obtain a visa before entering the country.

Irish visa requirements are being reviewed on an ongoing basis, to ensure that effective immigration protocols are in place, while facilitating those who wish to travel to Ireland for work, study, to join family members or simply for a visit.

As always for further guidance and support, please contact the MSS team and we will be happy to assist you.

HR Hub Updates

info@mssthehrpeople.ie (MSS HR) — Thu, 31 Aug 2023 15:15:23 GMT

We are excited to inform you about the recent updates we've made to our HR Hub in light of the new legislation introduced under the Work-Life Balance and Miscellaneous Provisions Act.

As part of our commitment to providing valuable support, we have uploaded comprehensive templates for a Medical Care Leave Policy and a Medical Care Leave Application Form to our HR Hub to help employers effectively manage the recent introduction of the five days of unpaid medical care leave.

Medical Care Leave Policy Template: In accordance with the latest regulations, we have developed a Medical Care Leave Policy Template that offers clear and concise guidelines for employers to communicate their policies regarding medical care leave to their employees. These templates can be easily customised to suit your organisation's specific requirements, ensuring that both employers and employees are aligned on the process and expectations surrounding medical care leave.

Medical Care Leave Application Form Template: To streamline the application process for medical care leave, we have also created a ready-to-use Medical Care Leave Application Form Template. This template provides a structured and organised way for employees to apply for medical care leave, while also helping employers gather essential information for record-keeping purposes.

It is essential for employers to make these forms and policies readily available to their employees. To facilitate this, we recommend distributing the templates through your company's intranet, employee portal, or any other suitable communication channels. By ensuring easy access to these resources, you can contribute to a smooth and transparent implementation of the new medical care leave provisions.

We understand the importance of complying with regulations and maintaining a supportive work environment for your employees. Our goal is to provide you with the tools you need to seamlessly adapt to these changes and enhance your work-life balance initiatives.

If you have any questions, require assistance in customising the templates, or need further clarification on the recent legislation changes, please don't hesitate to reach out to our dedicated support team. We're here to help.

Thank you for being a valued subscriber, and we look forward to continuing to provide you with valuable resources to navigate the evolving landscape of employment regulations.

Click Here to access the forms now.

Age-Related Equality Claims on the Rise

Wed, 30 Aug 2023 14:45:08 GMT

The Workplace Relations Commission (WRC) recently published its Annual Report for 2022.

During the year 2022, a total of 6,263 applications for complaints were received, consisting of 12,790 individual complaints. On average, each complaint application contained two specific individual complaints. This marked a 4.5% increase in complaint applications and a 6.5% increase in individual complaints compared to the previous year, 2021.

Throughout 2022, the Inspectorate of the WRC successfully recovered €1.4 million in unpaid wages for employees. Additionally, 5,820 inspection visits were conducted during this period. These inspection visits led to the identification of over 5,700 instances where employment legislation was violated.

Age-related Unfair Dismissal

The one area that has seen a significant increase is age-related claims.

The report revealed a startling 176% increase in age-related equality claims, compared to the previous year (186 in 2021 compared to 514 in 2022).

The significant rise in age-related equality claims within the Irish workforce identifies a need for heightened awareness and action. The surge in claims suggests that ageism remains a prevalent concern in today's workplaces.

Such claims can have profound consequences for both employers and employees. From an employer's perspective, discrimination claims can tarnish the company's reputation and have potential legal implications. Such cases can also lead to decreased employee morale, productivity, and loyalty, as well as increased turnover rates.

Mandatory Retirement Age

There is an increasing trend of employees requesting to extend their working years. However, navigating this terrain remains a challenging task for employers as they encounter various pitfalls.

The rise in age-related equality claims, as observed in the WRC Report, is a reminder for employers to exercise caution if attempting to enforce mandatory retirement. Employees are now well-informed about their rights under Irish employment law and are more inclined to challenge employers who impose a mandatory retirement age.

It is therefore essential for employers to be proactive in addressing potential age discrimination issues and to create a workplace culture that values diversity and inclusivity.

Employers should ensure their policies and practices help protect them from this happening by aligning them with legal requirements and best practices when it comes to retirement in particular.

Should you find yourself in need of assistance or have a specific case that you are uncertain how to navigate, please don't hesitate to reach out to us. Our team of specialists is here to provide guidance and support, addressing any questions or concerns you may have. Feel free to give us a call, and we will be more than happy to assist you with your query.

By Kamila Gero

Domestic Violence Leave Expected to Commence in the Autumn

Wed, 30 Aug 2023 14:29:21 GMT

The Government has announced that Domestic Violence Leave, as legislated for under the Work-Life Balance and Miscellaneous Provisions Act 2023, will be introduced in the Autumn.

The delay in implementing this was due to the fact that the Minister wished to consult with a range of Employer, Employee and Domestic Violence support Groups on the matter of what payment would be applied.

The purpose of this leave is to enable an employee or a relevant person (spouse or civil partner/ cohabitant/ someone with whom they were or are in an intimate relationship/ the child of the employee/relevant person) who has experienced or is currently experiencing, domestic violence, to;

(i) seek medical attention;

(ii) obtain services from a victim services organisation;

(iii) obtain psychological or other professional counselling;

(iv) relocate temporarily or permanently;

(v) obtain an order under the Domestic Violence Act 2018;

(vi) seek advice or assistance from a legal practitioner;

(vii) seek assistance from the Garda Síochána;

(viii) seek or obtain any other relevant services.

Domestic Violence Leave Pay

It has now been decided that Domestic Violence Leave will be paid at an employee’s normal pay, including any additional premiums and allowances, for a maximum period of 5 days in a consecutive 12-month period, which may be taken together or as separate days.

Notice to the Employer

According to the Act when an employee takes Domestic Violence leave, they shall, as soon as reasonably practicable thereafter, advise the Employer that they have taken such leave, and the notice shall specify the dates on which it was taken.

However, based on the current pronouncement, the employee need not have to produce any evidence to support their explanation.

Next Steps

Employers will need to look at rolling out policies and appropriate documentation for Domestic Violence Leave and to facilitate payments for the leave once the leave is finalised in the Autumn.

As always for further guidance and support, please contact our HR Support team and we will be happy to assist you.

By John Barry

Dignity at Work Training Course

Mon, 13 Feb 2023 14:02:52 GMT

MSS The HR People are delighted to announce the launch of our brand-new, subscriber-only

‘ Dignity at Work Training for Nominated and Contact Persons ’.

The Code of Practice on the Prevention and Resolution of Bullying at Work 2020 recommends that employers designate Nominated and Contact Persons within the workplace and that they ensure they are trained appropriately.

It is more important than ever that these employees develop an understanding of the core principles of bullying and harassment and how to prevent and resolve it in the workplace.

MSS The HR People are running a ‘Dignity at Work Training course for Nominated and Contact Persons’ on the 14th March 2023, which is available at a discounted rate of €65 per person.

This course will equip trainees with the skills needed to deal with Bullying and Harassment in the Workplace and will ensure that your teams are appropriately trained and aware.

Dignity at Work – Nominated and Contact Persons Course outline

• Employment Legislation in Ireland

• Employer and Employee Responsibilities

• Recognising Bullying and Harassment in the Workplace

• How not to be a bully

• Effects of bullying and harassment

• Resolving Bullying and Harassment at Work

• Informal Process and the Value of Mediation

• Formal Process

• The importance of maintaining records

Following completion of this course, each participant will:

• Understand the importance of preventing and resolving bullying and harassment in the workplace.

• Gain a greater understanding of the meaning of bullying, harassment, sexual harassment.

• Understand the informal and formal processes available to employees under the Dignity at Work procedures.

• Understand how to sensitively handle issues of bullying or harassment which are raised with them.

• Have a good understanding of their role and responsibilities as a Contact Person or Nominated person, under the Code of Practice on the Prevention and Resolution of Bullying at Work 2020.

Outline

Duration - Approx 2 hours

Techniques - Presentation/Discussion/ Online

Cost - €65 per person

With limited availability, spaces will be allocated on a first come first- served basis.

Interesting and Notable Cases of 2022

Mon, 13 Feb 2023 13:57:11 GMT

Interesting and Notable Cases of 2022

For employers and HR professionals, 2022 has been a year of significant changes and major developments in many aspects of employment Law, and the case law reflects this. In 2022 we saw new legislation enhance employee rights and the WRC awarding a claimant the largest award in its history and, in two other cases, made it clear that it was not afraid of awarding six figures’ sums when deemed appropriate.

Below, we have reviewed some of the more important and noteworthy decisions from the WRC and in Employment Law;

6 Figure Awards

A Sales Executive v A Software Company

In June 2022, the WRC awarded the largest sum ever for an unfair dismissal case. The claimant was awarded €329,199.00. The Employee was dismissed on the grounds of serious misconduct, following bullying allegations.

The WRC found that despite the fact that there was an employee handbook in place, the employee received no formal warning in line with the process set out in the handbook. In short, the company failed to follow the terms of the handbook and its own procedures.

The award was high as it took the employee 22 months to find alternative employment, partially due to the “niche sector” and partially due to the reason for the dismissal.

This should be a lesson to employers that ensuring adherence to their existing policies and procedures is crucial.

https://www.workplacerelations.ie/en/cases/2022/april/adj-00027573.html

Walsh v Econocom Digital Finance

Here the WRC awarded €120,000.00 for an Unfair Dismissal. Whilst the Adjudicator accepted that it was a genuine redundancy situation and that any appeal would likely be a futile exercise, it found that no credible explanation was given for the decision of the managers not to engage with the Complainant to identify a suitable alternative role or to extend his notice period so that he could find another job.

This serves as a reminder to employers of the importance of consulting with employees in relation to any reasonable alternative roles that may be available should their existing roles be declared redundant.

https://www.workplacerelations.ie/en/cases/2022/january/adj-00029093.html

Reddy v Ardbrook Redundancy ADJ 29419

In this case, the WRC awarded a manager €119,000.00 in an award for unfair dismissal, after finding that the employee was dismissed “under the cloak of Redundancy”. Further, the WRC found that there were procedural errors in the redundancy process as admitted by the company.

While the facts in this case vary, it shows that the WRC is not afraid of making substantial awards where there are procedural flaws in the dismissal of an employee.

https://www.workplacerelations.ie/en/cases/2022/january/adj-00029419.html

Data Protection Commissioner v Doolin [2022] IECA 117.

In 2022 the Court of Appeal considered the use of CCTV footage in internal disciplinary investigations. The Court of Appeal reaffirmed the dangers of the use of CCTV for employee monitoring and using CCTV for a purpose not specified by the employer to the employees.

The Court held that the Data Protection Commission (DPC) was incorrect to state that the CCTV footage was only processed when it was viewed by the employer. In fact, it found it was processed three times:

a) it was initially processed when it was recorded;

b) it was then processed once more when it was accessed by the investigators; and

c) processing then occurred a third time when data of dates and times were set out in the final disciplinary report.

Ultimately the Court felt that the concept of notifying the employee of the purpose for which CCTV was being used was central to the case, and data can only be used for the purpose of processing at or before the time the data (CCTV) was collected, and the purpose cannot be remedied after the fact.

This is a reaffirmation and strong reminder that businesses need to have effective and compliant data protection policies and CCTV policies, which clearly identify how and when such data can be used.

https://www.courts.ie/view/judgments/6ca61b58-4057-4572-99f5-5a93146d0bb6/66b46093-5fd1-4fff-86dd-11703bff3952/2022_IECA_117.pdf/pdf

Keating V Camfil

Finally, in an interesting case, the WRC found that an employee, who was dismissed for being on holiday while being unable to work due to a bad back, lost her unfair dismissal case. However, she was awarded €3,900.00 for withheld annual leave and public holiday entitlements.

This is an important case; in that it clearly shows that an employee’s annual leave and public holiday entitlements are theirs and cannot be withheld by the employer for any reason.

https://www.workplacerelations.ie/en/cases/2022/august/adj-00030501.html

As always, at MSS - the HR People we are here to advise you on any of the matters outlined in this update.

Employer's Guidance on the Transparent and Predictable Working Time Regulations

Fri, 10 Feb 2023 13:47:26 GMT

With the introduction of the Transparent and Predictable Working Time Regulations, many of our clients are considering what the practical implications are when it comes to dealing with probation periods and contracts;

Probationary Periods

The new regulations now restrict employers when it comes to probation periods. Employers cannot set probation periods which are longer than six months, unless exceptional circumstances apply, but in such a case it must be ‘in the interest of the employee do to so’.

So, what does this mean in practical terms for employers?

Well, effectively it means that extending a probation period should be the exception rather than the rule. Employers may still extend, but only if it is for the benefit of the employee, such as it could be to the benefit of the employee to extend the probation, if the alternative is a decision to terminate. However, it remains to be seen how the WRC will interpret this and we recommend employers exercise caution from flippantly extending probation periods, and should make a concerted effort to review the employees’ performance during the initial six month period, thereby identifying issues as early as possible and limiting the number of occasions when it is necessary to extend a probation period to exceptional circumstances only.

If an employee is absent during the probation period, the regulations do allow you to extend the probation period to reflect this.

Do employers need to remove the extension clause from contracts?

Employers should not remove clauses that allow them to extend the probation period but should tailor them to reflect the regulations, in that they should allow for an extension on an exceptional basis and where such an extension is ‘is in the interest of the employee’.

We recommend you contact MSS-The HR People for further guidance or review of probation clauses, and that you implement probation reviews so that you can demonstrate, if challenged, that an employee’s performance was being assessed from day one and that extending their probation period wasn’t due to a laissez-faire attitude towards assessing performance earlier than the six-month deadline.

Terms and Conditions

The Regulations have extended the amount of information that needs to be imparted to employees within the mini statement of terms as per the Employment Miscellaneous Provision Act 2020.

Previously employers were required to ensure that they issued a mini-statement of terms, within the first five days of employment, including the following;

The full name of the employer and the employee
The address of the employer
The expected duration of the contract
The method of calculating pay and the pay reference period
The expected length of the working day and week

This information has now been extended and employers must also ensure the following is reflected in their mini- statements;

Duration and condition of the probationary period, if one is in place.
The location of work or where there is no fixed or main place of work, confirmation that the employee is employed at various places or is free to determine their own place of work.
The commencement date, title, grade, nature or category of work, or a brief specification or description of work and details of the terms and conditions relating to hours of work (including overtime).

Timeframes for Issuing Terms and Conditions

Importantly, another change is that employers must now ensure they issue a full statement of Terms and Conditions of employment to employees within one month of their commencement of employment, as opposed to the two-month period previously required.

Employers should ensure they make a note of this one-month period, as soon as an employee starts, so that they do not allow any employee to pass this date without receiving a full statement of terms. Failure to do this will be a breach of the Act and could result in an award of up to four weeks’ payment as compensation against the Company.

In line with best practice, we recommend that employers issue a full statement of terms and conditions before an employee commences in their role with you, as this avoids the requirement to issue a mini statement and also failure to do this can result in unnecessary delays and administrative burdens chasing paperwork.

Changes to the definition of a contract of employment

The Regulations have expanded the definition of contract of employment to now include ‘an individual agrees with another person personally to execute any work or service for that person’. Generally speaking, this means that employees who are working under a ‘self-employed’ arrangement could be deemed to be an employee.

It has always been the case that the status of those working for an employer on a ‘self-employed’ basis could be subject to challenge and review by the revenue or through industrial bodies such as the WRC, in relation to whether or not they should be deemed to be an employee.

These new regulations further emphasize the importance for employers in assessing the legitimacy of any ‘self-employed’ arrangements, to ensure that those entitled to receive any employment law entitlements, do so.

We also offer advice on DISMISSAL DURING PROBATION - An Employers Guide

For further advice and guidance on self-employment or on any other matters outlined above, as always, feel free to contact the team at MSS- the HR People

EU Directive on Transparent and Predictable Working Conditions

Mon, 23 Jan 2023 13:38:30 GMT

The Government has announced the transposition of EU Directive 2019/1152 on Transparent and Predictable Working Conditions into national legislation under the European Communities Act 1972. This will make the Directive applicable to Irish law.

The Government had until August 1st, 2022 to introduce legislation implementing the Directive. While Ireland has missed this deadline some of the provisions of the Directive are already covered by Irish Employment Legislation introduced over the last two years. These includes the new statutory sick pay, which commenced on the 1st January 2023, the new public holiday for St Brigid’s Day; new rights around redundancy for people laid off during the pandemic; the recent protection of workplace tips and gratuities, and the issuing of a mini statement of terms of employment within 5 days of commencement.

Transposing the Transparent and Predictable Working Conditions Directive into Irish law is expected to give workers:

more complete information on the essential aspects of the work, which is to be received early by the worker, in writing;
a six month limit to the length of probationary periods at the beginning of a job
the right to seek additional employment, with a ban on exclusivity clauses and limits on incompatibility clauses;the right to know, in a reasonable period in advance, when work will take place – i.e. for workers with very unpredictable working schedules, as in the case of on-demand work;
anti-abuse legislation for zero-hour contract work;
the right for employees to request to be transferred to a form of employment with more predictable and secure working conditions, where available, and receive a reasoned written reply is such a request is denied;
the right to receive mandatory training, cost-free, that is required to carry out the work for which he or she is employed.

Probationary Periods

Under Article 8 of the Directive, this limits the length of the probation period at the beginning of a job to a maximum of six-months. However, there will be scope for probationary periods to last longer than six months, where justified by the nature of the employment, such as where in the interests of the worker. It should also be possible for probationary periods to be extended correspondingly in cases where the worker has been absent from work during the probationary period, for instance because of sickness or leave, to enable the employer to assess the suitability of the worker for the task in question.

In the case of fixed-term employment relationships of less than 12 months, the length of the probationary period must be adequate and proportionate to the expected duration of the contract and the nature of the work. The “Day 5” statement has also been amended to now include information relating to the duration and conditions relating to a probationary period, if applicable.

Obligation to Provide Information

The Directive expands the information required to be given to an employee on commencing employment and introduces new provisions including the ability to request transition to another form of employment with more predictable and secure working conditions (Article 12) and, the right to receive mandatory training (Article 13).

Parallel Employment

The Directive also provides the right to take up parallel employment, subject to the maximum working time restrictions of the Organisation of Working Time Act 1997. However, exceptions will be permitted on objective grounds such as health and safety, protection of business confidentiality, the integrity of the public service and the avoidance of conflict of interests.

Anti-penalisation provisions are also included, with stronger penalties for non-compliance, restriction of zero hours contracts and the provision of more precise information on hours of work,and prohibits adverse treatment of an employee who does take up other employment.

Next Steps for Employers

Whilst this legislation has not yet been signed off, it would be no harm for employers and HR Practitioners to consider these changes when forward planning. Where a company’s terms and conditions provide for a probation period which is in excess of six-months, or for a six-month probation period that can be extended, if such an extended period cannot be justified, these clauses will need to be updated as this practice will no longer be permitted. For more, see our Employers Guidance on Probation Periods and Contracts page here or contact us on +353 1 887 0690.

We also offer advice on DISMISSAL DURING PROBATION - An Employers Guide

Please feel free to contact us at MSS for advice and guidance when reviewing your Terms and Conditions and HR documentation.

The Work Life Balance and Miscellaneous Provisions Bill 2022

Mon, 16 Jan 2023 13:43:05 GMT

The Work Life Balance and Miscellaneous Provisions Bill 2022 which was due to be passed in august 2022 is currently before Seanad Eireann and is expected to be law this summer.

The purpose of the bill is to give further effect to Directive on work-life balance for parents and carers and to amend the Parental Leave Act 1998 to entitle certain employees to leave for medical care purposes and to request flexible working arrangements for caring purposes. It is hoped that the Bill and the Directive will promote a better work life balance for parents and carers; encourage more equal sharing of parental leave between men and women and ultimately increase the number of women in the labour market.

The Main Provisions

A right to leave for medical care purposes, both for employees with children up to age 12 and carers

The Bill proposes a right to leave for medical care purposes, both for employees with children up to age 12 and carers. Employees covered under the Act will be entitled to five days unpaid leave per calendar year to provide care or support to a family member or person who lives in the same household as the employee.

Employers may request “relevant evidence” (medical cert) of the need for significant care or support of a serious medical issue.

The leave can be fragmented, but not in periods of less than one day. No service requirement is required, nor prior notice is required. Employees will be required to confirm to their employer in writing, as soon as reasonably practicable, that they intend to take or have taken this leave.

Domestic violence leave

The bill proposes to provide those who are suffering or at risk of domestic violence to five days of paid leave per year. The Government has said it will also put in place supports for employers to assist them in developing domestic violence workplace policies and to better support employees experiencing domestic violence.

A right to request flexible working arrangements for caring purposes, for parents and carers

Employees who have a child up to the age of 12 (or 16 if the child has a disability or long-term illness) and employees who are caring for a relative or someone they live with will have the right to request flexible working arrangements for caring purposes for a particular period.

In order to eligible to request flexible working arrangements an employee will need to have six month’s continuous service and the employee will be required to give 8 weeks’ notice of a request to their employer.

When a request is received, an employer will need to consider the request with regard to the employees need and respond to such request within four weeks. However, this time period may be extended by a further four weeks if the employer is having difficulty assessing the viability of the request.

Where the employees request is granted, the agreement will be recorded in writing setting out the details of the agreement and the date of commencement and signed by both parties.

Where an employer refuses the request, similar to the provisions of the Protection of Employees (Part Time Work) Act 2001, the refusal must be in writing and give detailed reasons why the request has been denied.

An employer can postpone a request for flexible working arrangements, however they must consult with the employee before postponing. The Grounds for postponement are similar in nature to those that apply in the context of postponing parental leave.

Extension to entitlement to breast-feeding breaks from 6 months to 2 years

The bill proposes to extend breast-feeding breaks from 26 to 104 weeks. Currently breast-feeding employees are entitled to take up to one hour off work each day, with pay, for breastfeeding/lactation purposes, for the first six months after birth, and this is due to increase up until the child is two years old.

The Bill proposes to provide an entitlement to women who have transitioned into males, and subsequently given birth to a child, provided they hold a gender recognition certificate under the Gender Recognition Act 2015.

Finally, the bill will have sections requiring employers to keep records of the leave for medical care purposes and approved flexible working arrangements, Penalisation and Anti-Abuse provisions.

As outlined above it is expected that the legislation will be enacted in summer 2023. We recommend employers and HR Practitioners prepare for its implementation by reviewing their existing family leave and flexible working policies ahead of this legislation’s enactment.

The Work Life Balance and Miscellaneous Provisions Bill 2022 can be viewed here.

https://www.oireachtas.ie/en/bills/bill/2022/92/

As always, we recommend that you contact us at MSS for advice and guidance when updating your Terms and Conditions and practices.

The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

Mon, 07 Nov 2022 13:35:06 GMT

The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 will take effect on 1 December 2022 . The Act give employees working in certain sectors a legal entitlement to receive tips and gratuities and introduces new rules about how employers share tips, gratuities and service charges amongst employees.

Until now there has never been legislation which obliges employers to pass on any tips received by them to their staff and the Act for the first time will regulate the payment of tips and gratuities by electronic means.

What are the Key Provisions of the Act:

It provides clarity on the meaning of tips, gratuities and service charges
It places tips and gratuities outside the scope of a person’s contractual wages. Employers cannot use tips and gratuities to “make up” contractual rates of pay and cannot make a deduction from a person’s wage in relation to tips and gratuities.
Employers must clearly display their policy on how tips, gratuities and service charges are distributed.
Employers must distribute fairly, equitably and in a transparent manner, tips that are received in electronic form, that is, through debit or credit cards or smart phones
Employers must ensure any charge called a “service charge” or anything that would lead a customer to believe it is a charge for service, will have to be distributed to staff as if it were a tip or gratuity received by electronic means
The employer must provide a statement to workers showing the amount of tips obtained in a period and the portion paid to the individual employee for that particular period.
An employer cannot retain any share of electronic tips. However, there may be circumstances e.g., to pay tax, or bank charges arising from providing electronic modes of tipping, or only where the employer regularly performs to a substantial degree the same work performed by some or all the employees, where such an amount may be deducted that is fair in the circumstances.
“Platform workers”, who are not direct employees, are included in the legislation.

Handling Cash Tips

While employers will be required to include detail on how cash tips are dealt with when displaying their policy towards tips and gratuities, there will be no other regulation of “cash tips” as it is usual that these tips are paid directly to the worker. However, cash tips are still taxable.

How cash tips are distributed will be required to be included in an employer’s publicly displayed policy on the management of tips and gratuities.

Inspections/Complaints

The electronic record generated by this payment method will support and facilitate inspections by the Workplace Relations Commission (WRC) in the event of a complaint being made.

Complaints may be referred to the WRC; where a complaint is upheld, and employee may be awarded compensation of up to four weeks’ pay.

Notes for Employers;

Employers who operate in sectors that are commonly associated with tips and gratuities (hospitality, tourism, hairdressing, taxi and delivery services, amongst others) will need to ensure to provide a statement to workers showing the amount of tips obtained.

Employers should not use tips and gratuities to “make up” contractual rates of pay and should ensure that minimum wage rates of pay are being complied with in light of this.

Employers should prepare their policy on how tips and gratuities are to be distributed and ensure to post it publicly from the 1st December.

To read the full information guide on The Payment of Wages (Amendment) (Tips and Gratuities) act by The WRC please see here

Time to Start Talking Christmas Parties

Mon, 07 Nov 2022 13:32:00 GMT

Christmas time is here again and, once again, we are looking forward to celebrating the end of another year, which was for the most part “normal”, and many companies may now be considering a sponsored outing.

The Christmas party, which was a regular annual event in companies has, over recent years, declined for a number of reasons, excluding the obvious one of Covid.

With the development of employment law and health & safety legislation, any activities which are now associated with work become, by implication, a work related activity. This has meant that both employers and employees are expected to conduct themselves in a manner that is appropriate and would not fall foul of any employment or safety legislation.

So, what does this mean for both employers and employees?

Firstly, one must assume that if a function is being held at a third-party location, such as a hotel, then any health and safety obligations relating to the actual physical environment will be the responsibility of the provider of the services. However, employers should still ensure that the location they have selected is fit for purpose.

The employer should also ensure that all employees are aware it is a work-related event and therefore all normal policies i.e., bullying and harassment, health and safety, disciplinary procedures continue to apply. With that in mind, everyone is expected to conduct themselves in an appropriate fashion when attending the function. If it is the case that the employer is providing alcohol, then, again, there is an implied responsibility that reasonable steps have been taken to ensure the health & safety of employees. This has meant that employers may now use vouchers which restricts the amount of alcohol being provided by the company to employees.

Another area where employers are responsible , is ensuring that the behaviour of their employees is appropriate and does not expose the company to any actions on behalf of their employees for whom they might be vicariously liable.

In relation to employees, what does it mean for you?

Employees are expected to conduct themselves in an appropriate fashion. In this regard, they are expected to behave in a manner that does not cause offence or risk. Unfortunately, incidents of a sexual harassment nature, especially between male and females but not exclusively, or of fighting or inappropriate work discussions can arise.

Whether the behaviour is consensual or not, such behaviour could still be inappropriate at a workplace function and employees must ensure they do not find themselves in a compromising situation.

Also, just because this is a festive occasion, and everyone is out to enjoy themselves, this does not give permission to any person to assume they can or make inappropriate/unwanted advances to another member of staff. As we are all aware, being under the influence of alcohol is not a defence for inappropriate behaviour and whilst, unfortunately, these situations do arise, it is the responsibility of the individual and, possibly their colleagues who may be with them, to ensure they behave appropriately. In fact, it would be the case that if anyone believed that a member of staff is likely to behave inappropriately they should bring this to the attention of a member of the management present, who can then address the situation.

Hopefully Christmas parties will proceed without any challenges. However, if incidents do arise, such as employees having a fight or one employee being abusive to another employee or abusive to a member of management, or a member of management being abusive to an employee, then, in those circumstances, it would be the responsibility of the company to conduct a full investigation into the behaviour with the resulting possibility of disciplinary action being taken.

Because of these extended difficulties, not only are we seeing a reduction in the number of functions which might take place, but a lot of companies are now opting to not to hold any Christmas functions at all.

Instead, departmental lunches may take place where the department will go out for a lunch and finishes at normal time. Provided the company or the Departmental manager who is organising it, does not extend the hospitality to beyond the designated lunch, and it is clear to everybody that the lunch is the only activity the company is involved in, what employees may decide to do afterwards under an environment which is not controlled/organised by the company, is their own business.

The moral of all of the above, at the risk of sounding “Grinch” like, is to remind employers that whilst a Christmas Party is of course a very positive and rewarding team building initiative, both they and the employee must make sure that any activity of a festive nature, is conducted in an appropriate and acceptable fashion and no inappropriate behaviour is allowed to develop.

To not do so may result in liabilities falling on both the employee involved and the employer who is responsible for their employees.

National Minimum Wage Increase- Key Notes for Employers

Thu, 29 Sep 2022 12:28:55 GMT

The Government has announced an 0.80-cent increase in the National Minimum Wage to €11.30 p.a., with effect from the 1st of January 2023. The new rates are as follows;

National Minimum Wage – rates with effect from 1 January 2023

Minimum Hourly Rate of Pay € % of National Minimum Wage

National Minimum Wage

(Aged 20 and over) 11.30 100

Aged 19 10.17 90

Aged 18 9.04 80

Aged under 18 7.91 70

This measure follows a recommendation by the Low Pay Commission and is expected to result in at least 164,700 people receiving an increase from the current rate of €10.50 from next year.

Employers will now have to carry out costings around this new rate of pay for those earning the minimum wage and should also consider the possibility of knock-on claims for increases as a result, for those earning more than the new rate already, as the gap between pay levels is narrowed. In this regard, employers should be mindful that there is no automatic right to a similar increase for someone being paid in excess of the minimum wage unless the rate is contractually linked to the minimum wage.

Other considerations for employers are where consolidated rates exist. If employees are already earning the €11.30 rate, which currently includes a premium for things such as night shifts, or Sunday work, then they too need to increase the basic rate accordingly or they face a claim for being in breach of the Organisation of Working Time Act.

The government has stated that this increase in the National Minimum Wage is the first step toward the alignment of the minimum wage with the indicative Living Wage established by the Low Pay Commission. The Commission has indicated that using the government formula of 60% of the median wage in any given year, the Living Wage for 2023 would have been €13.10 per hour. It is expected that the Living Wage will be phased in on an annual basis, between now and 2026, at which time it will become mandatory.

Employers should ensure to keep adequate records to prove they are complying with the National Minimum Wage rate.

Given the current cost of living crisis, we recommend that employers should start budgeting for the changes ahead both next year and in the coming years.

Tánaiste Announces Worker’s Right to Sick Pay

Mon, 19 Sep 2022 12:18:10 GMT

The Tánaiste Leo Varadkar announced this week that the statutory sick pay scheme will come into force from January 1, 2023.

The Legislation entitled “ The Sick Leave Act ” will, for the first time, provide for an entitlement to a minimum period of paid sick leave for all employees in the event that they fall ill or sustain an injury which prevents them from being able to work.

The new scheme means that from the 1st of January 2023 employees will be entitled to three days for the first year, rising to five days in 2024, seven days in 2025, and ten days in 2026.

Sick pay will be paid by employers at a rate of 70% of an employee’s wage, subject to a daily maximum threshold of €110. The daily earnings threshold of €110 is based on the 2019 mean weekly earnings of €786.33 and equates to an annual salary of €40,889.16. It can be revised by ministerial order in line with inflation and changing incomes.

The Sick Leave Act states that following a period of statutory sick leave, an employee is to be treated as if they had not been so absent and as such sick leave does not affect any other employment rights.

While the Act sets out a minimum entitlement, it specifically does not prevent employers providing for more favourable sick leave provisions being made within the employment contract. However, very importantly the Sick Leave Act does allow for employers to apply to the Labour Court for an exemption from the statutory obligation to provide sick pay for a period of no more than a year.

The Act also states that employers ‘shall not penalise or threaten penalisation of an employee for proposing to exercise or having exercised his or her entitlement to statutory sick leave and requires the employer to keep records of any statutory sick Leave taken by employees, for a period of 4 years and failure to keep such records could result in a fine of up to €2,500.00

Finally, if an employee believes that their employer has failed to comply with the provisions of this Act, the employee may make a complaint to the Workplace Relations Commission, where the Adjudicator may award up to 4 weeks compensation.

An increase in Parent’s Leave comes into effect

Thu, 07 Jul 2022 12:15:03 GMT

The Parent’s Leave and Benefit Act 2019 which was introduced on 1st November 2019, originally provided new parents, with two weeks of Parent’s leave (paid via Parent’s Benefit) each, to enable them to provide or assist in the provision of care to a child.

The Family Leave and Miscellaneous Provisions Act 2021 later extended this to five weeks in April 2021.

Extension of Leave 2022

Parent’s Leave has now been extended from five weeks to seven weeks for children born or adopted after 1st July 2022.

Employees can claim the additional 2 weeks' parent’s leave if their child is under the age of 2 on 1st July 2022 or the adopted child has been placed with an employee less than 2 years on 1st July 2022. Employees must complete the extra leave on or before their child’s second birthday or within 2 years of the adoption placement.

Parent’s Benefit has also increased from 5 weeks to 7 weeks for each relevant parent.

General Regulations Reminder

The leave must be taken within the first 2 years of the birth of the child or, in the case of an adoption, from the date of placement of the child. Leave must be taken in either a seven-week block or in blocks, not less than one week.

Parent’s Leave can be taken in addition to existing Maternity Leave, Adoptive Leave, Paternity Leave, and Parental Leave, as applicable to each relevant parent.

A relevant parent includes a parent or spouse or civil partner or cohabitant of a parent of the child.

Seven weeks Parent’s Leave will be paid by the state at the same rate as Maternity Benefit and Paternity Benefit.

The employee who wishes to take Parent’s Leave must give to the employer six weeks' notice in writing of the proposed Parent’s Leave.

It is important to note that the employee retains all rights whilst on leave and has a right to return to work after Parent’s Leave on the same terms and conditions as before.

Improving Employee Retention

Wed, 06 Jul 2022 12:11:28 GMT

With the current “Great Resignation” trend, unfortunately, many Irish employers have lost or will lose valuable members of their teams, with many employees re-evaluating their careers and seeking new opportunities.

The impact of this can be felt by many employers who are struggling to find suitable replacements for their businesses and are channelling further investment into the recruitment and training of new staff. This may also impact the general morale of the team as a result of added pressures and workload being handled by existing employees, affecting the organisation’s overall performance.

This leaves employers and HR Practitioners needing to look more strategically at ways to retain their existing employees. Here are some initiatives which employers may wish to consider;

Recruitment

*Internal Recruitment*

It is important to give employees a chance to grow and develop within your organisation. When new opportunities arise within your business, it is a good idea to begin by recruiting internally first and to only consider external recruitment after fully exploring this avenue.

Recruiting from within can reduce the substantial amount of time and resources associated with external recruitment and external candidates typically take longer to perform to the same standard as internal hires promoted to the same position because of their knowledge of company processes etc.

Recruiting an external candidate can unsettle some of your current employees. In particular, ambitious and high-performing employees are more likely to look for opportunities for progression and if these cannot be found within their current place of work, they may start looking elsewhere.

Therefore, driving internal recruitment as well as learning and development programmes will show employees that there are, or may be in the future, good opportunities for them, meaning they will be happier to commit to the company in the longer term.

*Recruitment Referral Programmes*

Recruitment Referral Programmes can be a great way of getting great talent through the door and improving your overall recruitment, but they can also have a great impact on improving retention. Employees hired through a referral programme often have a much better understanding of a company’s culture and business in general, thanks to their connection with current employees of the company and therefore, may be more likely to stay.

Through Recruitment Referral Programmes companies may be able to recruit better quality candidates who are the right fit for the organisation, compared to when using only traditional ways of recruitment. Finding the right match from the beginning means that it is more likely that they will stay longer with your company.

It is recommended that employers monitor the channels that they use for recruitment and review the outcomes they receive. Thanks to this, the company should be able to identify which tactics produce the best result saving time and money in the future.

Managing Expectations

A situation that sometimes occurs, is that an employee leaves within a few months of joining the company. What is worth taking a closer look at here is the job description.

If the new employee discovers that the job they have applied for, differs from what the reality is, it is possible that they will very quickly become dissatisfied with the job and look to move. For this reason, it is crucial to ensure that employers are being honest in regard to their requirements of the role and that you manage expectations at the very early stages of recruitment through your advertisements and interview processes.

Induction Processes

A good induction programme is an essential part of bringing a new employee on board. It is important that all employers understand the benefit of this process. An Induction is normally preceded by a time-consuming and sometimes costly recruitment and selection process.

Therefore, it is worth putting that extra effort into a well-organised Induction to make new employees feel welcome to the company, engaging them from the very first day and encouraging them to want to continue with your business.

In the absence of proper training and clarification on their role and expectations, it may lead to confusion and frustration about the job, which can result in an employee leaving the company. An effective induction may help to prevent this and in the long-term will hopefully increase staff retention.

Ensuring that employees feel respected and valued from the very beginning can contribute to their engagement, satisfaction, and performance.

Feedback

It is crucial that employers have avenues available for employees to give and receive feedback.

Whilst probation period reviews and annual appraisals are a great way of addressing any grievances that employees may have, an ongoing regular dialogue between a manager and an employee should be taking place.

An important part of receiving the feedback is the ability of the company to demonstrate that the employee is being listened to and that any concerns will be addressed in reasonable manner.

Employers should be open to the feedback they receive, treating it as a learning opportunity, which may lead to changes, where necessary.

Likewise, it is also important to ensure that employers give their feedback to employees. All employees need feedback to be able to improve and to do their best work – both positive, and constructive.

Positive feedback should be given frequently to motivate employees and to give them the determination they need to do their best work. But constructive and corrective feedback is also important, particularly when there are any underperformance issues or behavioural issues that raise a concern to employees. Disciplinary, Grievance, and Dignity at Work Processes should be highlighted to employees and followed closely to ensure the tackling of issues fairly, consistently and promptly, not allowing issues to fester.

Flexible Work Options

Within the last two years we’ve seen a big shift in the ways in which we work and in many workplaces it has been demonstrated that the job can still be done well where flexibility is allowed and that it may not always be necessary to stick to the typical 9am-5pm arrangements, sitting at a desk in the office.

Employers, as well as employees, have seen the benefits that flexibility can bring and because of this, the expectations of the current workforce have changed. People are more conscious of their mental health now and are seeking work-life balance.

Therefore, job seekers are interested in what the company has to offer in terms of flexible working arrangements. Some of the most common options include:

- Hybrid working (part of the hours worked from home, the other part – from the office)

- Flexitime (varying start and finish times)

- Compressed hours (working the same hours in fewer days)

- Job sharing

Introducing more flexibility can be as simple as permitting a variety of working patterns rather than a fixed number of hours, five days per week.

Employers should review their policies and practices and consider whether any of the flexible working options might be suitable for their operations as they could promote greater job satisfaction and drive retention.

Salaries and Benefits

If retention rates within the company become a concern, whilst increasing salaries is certainly not the only solution, it may be a good time to review your company’s salaries and benefits such as:

- Annual leave

- Health insurance

- Pension

- Training and Development

- Enhanced statutory leaves such as maternity, paternity etc.

- Rewards and bonuses

- Employee Assistance Programmes and other wellness benefits

- Recruitment referral bonus scheme

It is important that companies are aware of what the market and their competitors are offering at the time to ensure they still are competitive and stand out from other organisations.

Exit Interviews

Employees leave organisations for all sorts of reasons. Therefore, it is important to carry out Exit Interviews to be able to establish the reasons why employees leave, and to review them regularly in case of any patterns emerging.

This is a great way to get honest feedback and identify any areas where the organisation is performing well, as well as areas that may require improvement and correction.

Where to Start

It is recommended that businesses and HR Practitioners review employee turnover rates and trends carefully, as well as procedures, practices, and policies to ensure that they are doing everything to drive employee retention.

At MSS we have a range of services that can assist any company with driving the company’s retention rates so please do not hesitate to contact us to discuss how we can assist you.

New Code of Practice on Equal Pay

Tue, 17 May 2022 12:06:14 GMT

The Irish Human Rights and Equality Commission (IHREC) published a new Code of Practice this year (the Code) covering Equal Pay. The Code was published to mark International Woman’s Day and is the first Code of Practice to address the issue of equal pay in the workplace.

The code seeks to promote the development and implementation of procedures within workplaces to promote equal pay for like work and aims to give practical guidance to employers, employers’ organisations, trade unions and employees on;

the right to equal pay;
the elimination of pay inequality, and
the resolution of pay disputes.

While the code does not impose legal obligations on employers, it should be noted that the provisions of this code are admissible, as evidence of noncompliance, in proceedings before a court or in proceedings under Part VII of the Employment Equality Acts 1998-2015 (the EEA), and, also in proceedings before the Workplace Relations Commission (WRC) or the Labour Court. Therefore, any employer who is not compliant runs a risk of a discrimination claim as a consequence.

Possible Break for Various Platforms

The code is applicable to all employments covered by the Employment Equality Act (EEA). Employers are encouraged to follow the recommendations in a way which is appropriate to the size and structure of their organisation.

Small and medium sized enterprises should consider adopting some of the practical steps to their specific needs. Any adaptations that are made, however, should be fully consistent with the code’s general intention.

Right to Equal Pay

The Code serves, as a reminder to employers, that the right to equal pay exists. This means that an employee who is performing work that is the same or similar to that of another person employed by the same or associated employer, who differs in respect of one of the protected grounds under the EEA, (gender, civil status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community) may have a right to be paid the same as that other person.

Pay Review

Although the code does not place a legal obligation on an employer to conduct pay reviews, it is recommended, when carrying out such a review, that it incorporates a rational and objective job evaluation, which would be a way of achieving the legal requirement for pay equality. The code sets out a detailed review process, which includes steps such as the collection of job data, analysis of jobs, analysis of pay data, and implementing corrective measures where issues are identified.

Raising Issues

The Code sets out how someone who considers that they are not being paid equal pay for their like work, should raise this internally at first before proceeding, if necessary, to the Workplace Relations Commission or Courts.

It also reminds employers that a detailed process should be in place for employees to ventilate concerns regarding pay inequality and discrimination, including both informal and formal avenues of resolution.

Conclusion

This code of practice on Equal Pay follows on from the Gender Pay Gap Information Act 2021, which while signed into law, has yet to be commenced, and will require large organisations over 250 employees to report and publish pay gap information.

New guidance on how to report on Gender Pay Gap

Tue, 17 May 2022 12:01:47 GMT

The Gender Pay Gap Information Act 2021 is set to introduce an obligation on employers for gender pay gap reporting.

This is set to be introduced on a phased basis depending on the number of employees in the organisation as follows;

+250 employees: 2022
+150 employees: 2024
+50 employees: 2025

This incremental introduction is intended to allow smaller companies time to learn from bigger companies with the capacity to produce and publish reports.

Whilst we await the regulations for the Gender Pay Gap Information Act 2021 (the Regulations) to be published, new guidelines and frequently asked questions on how to calculate the Gender Pay Gap Metrics have now been released.

The Department of Children, Equality, Disability, Integration, and Youth has published guidance for

employers on how the gender pay gap calculations should be made.

Snapshot Date

Employers will be required to take a headcount of their employees on a snapshot date of their choosing in June 2022, including employees not rostered to work on that date and employees on leave.

All workers who are employees of your organisation on the snapshot date should be included in your calculations.

A reduction in employee numbers after the snapshot date will have no impact on the report.

The calculations will be based on the remuneration of the employees over the 12 months preceding the snapshot date.

The snapshot date can be any day in June.

Deadline for Reporting

The information must be produced within six months of the snapshot date.

Publishing Information

The information should be published on the Company’s website or in some other way that is accessible to all of its employees and the public.

The information must be available for at least three years from the date of publication.

Frequency of Reporting

Gender Pay Gap reporting is required to be completed annually.

Failure to Comply

Failure to comply with the obligations could result in a claim by an employee to the Director General of the WRC and subsequent investigation. The Irish Human Rights and Equality Commission also has the power to make an application to the Circuit Court or to the High Court for the granting of an order requiring the employer concerned to comply with the Regulations.

Report Content

Reporting will need to include;

mean and median pay gaps for all employees, including part-time and those on temporary contracts;
mean and median bonus gaps for all employees, including part-time and those on temporary contracts;
Calculate the percentage of male and female employees that received bonuses;
Calculate the percentage of males and females that received benefits in kind; and
Calculate the proportion of male and female employees in each of four equally sized quartiles.

Steps employers should take

Employers should decide on the key persons responsible to carry out the reporting; HR, Payroll, etc.

Engagement should take place amongst Senior Level Management regarding ways of reducing pay gaps. Research what works and does not and consider what has and has not worked in the past.

Compile a list of all employees and all elements of pay that are currently in operation, familiarising themselves with how they operate and are applied

Ensure data is up to date in the organisation, including the gender of individuals employed.

Employers may need to check with employees how they identify before assuming the gender of individuals.

Employers should begin to organise their employee data into categories i.e. job title, department, etc. so that it is ready to go when they are required to report.

The Importance of procedures

Mon, 16 May 2022 11:57:13 GMT

Over recent weeks there have been a lot of cases reported from the WRC where employers have failed to follow correct and fair procedures in relation to their employees.

Employers need to be aware that even where a dismissal may be justified, they must ensure they follow fair procedures before making the decision to terminate employment or to issue a disciplinary sanction. Employers are required to have in their terms and conditions of employment the procedures which will be followed where termination of employment is taking place and a copy of this must be provided to their employees. However, it is common for employers to have, within their terms and conditions of employment, a full disciplinary procedure which details all the stages of discipline.

Much to our surprise, we have come across employers who have a full disciplinary procedure detailed in their terms and conditions of employment but then fail to follow their own procedures. Again, under the Unfair Dismissals Act, account must be taken of whether an employer has followed their own procedure and, if not, it is highly likely the dismissal will be deemed to be unfair.

Employers should also be aware that procedures do not apply just to termination of employment, but also apply when issuing warnings. Again, employers must ensure they follow a fair procedure when even issuing a warning to an employee. Failure to do so could be fatal where the employer is relying upon previous warnings as a justification for terminating someone's employment, on the basis they have received all the warnings as prescribed by the disciplinary procedure. If previous warnings have not been issued in accordance with fair procedures, then those warnings could be jeopardized with regard to their standing when reaching a decision to terminate employment.

We would recommend any employer who is considering disciplin ary action, to ensure they apply the principles of fair procedures and natural justice. In this regard, employers should take note of the code of conduct issued by the WRC in relation to disciplinary procedures.

Before dismissing any employee, or for that matter considering disciplinary action, we would recommend an employer gets the correct advice to ensure the action taken is correct and can be relied upon, if necessary, at some future date,

Should you require any additional information in this regard contact us and we will be happy to give you guidance and support where necessary on (01)8870690.

Work Life Balance Bill and Miscellaneous Provisions Bill

Thu, 28 Apr 2022 11:54:05 GMT

Work Life Balance Bill and Miscellaneous Provisions Bill

The ‘Work Life Balance and Miscellaneous Provisions Bill’ has now been approved by Cabinet and will, if passed, provide workers with a new range of additional employment rights. The bill will transpose elements of the EU Work Life Balance Directives into Irish law.

The Directive has been in place since 2019 and introduced a set of legislative actions designed to modernise the existing EU legal and policy frameworks, with the aim of better supporting a work-life balance for parents and carers, encouraging a more equal sharing of parental leave between men and women, and addressing women’s underrepresentation in the labour market. Member states were given three years to implement the provisions of the directive.

The legislation will give parents of young children a legal right to request flexible working hours as well as a right to five days of unpaid leave to look after sick family members and will also extend the right to paid breastfeeding breaks from six months to two years.

Under the legislation, employers that refuse a request for remote or flexible working or who dismiss or penalise an employee for either requesting or availing of flexible working, may find themselves before the Workplace Relations Commission.

It is expected the legislation will be in place before the end of the summer. Once enacted, it will be important to see how this fits in with existing legislation and company terms and conditions of employment.

Tips for employers ;

HR Practitioners should familiarise themselves with the legislation once enacted and initiate strategic discussions around flexible working practices. It is anticipated that policies and handbooks will need to be updated to govern the processes surrounding requests and entitlements for flexible working and leave arrangements.

Over one in five workers did not take any annual leave in 2021

Fri, 08 Apr 2022 11:51:38 GMT

'Over one in five workers did not take any annual leave in 2021’ according to a ‘Personal and Work-Life Balance Survey’ taken by the CSO in Quarter three of 2021.
'The most common barrier to employees taking paid leave was being short-staffed.'
‘More than one in eight (13%) said that taking unpaid leave was harmful to their career.’
‘Part-time workers in firms with 100 or more people were twice as likely to encounter barriers to taking unpaid leave - four in ten (40%), compared to just one in five (22%) of their full-time equivalents.’

Whilst it is possible that COVID played a part in the backlog of annual leave for many employees in recent years, it still remains the case that the onus to ensure that employees take their annual leave is still placed squarely on employers.

Employers should regularly monitor the annual leave of their employees and take steps to remind them of the need for them to take time off, their entitlements and of the leave year dates within which they must take them.

If the end of the leave year is nearing and employees still have not taken or booked their leave, employers may have to nominate when holidays must be taken. However, in such circumstances, employers must ensure to give at least one months’ notice.

Employers are required to take into account the employee’s need for rest and recreation, or to reconcile family responsibilities when it comes to annual leave.

Carryover of annual leave into the following leave year is allowable if it has been agreed between the employer and employee. In any event, the legislation requires that where such a carryover is permitted, the leave must be taken within six months of the end of the leave year.

Employers should remember that the legal annual leave year is from the 1st April until 31st of March, meaning that if there are any claims against an employer in relation to annual leave, decisions will be based on the legal leave year. This does not prevent an employer using another period but this should be contained in the employees terms and conditions, but will not take precedence over the statutory leave year.

In the case of part-time workers, employers must remember that their obligations to facilitate annual leave applies equally to part-time workers, as to full-time. Also, payment in lieu of annual leave entitlements is never an option unless a person is leaving the employment.

Failure to ensure employees receive their annual leave entitlements expose employers to financial penalties under the Organisation of Working Time Act.

For guidance and advice on managing all leave entitlements, please contact us today (01) 8870690 / info@mssthehrpeople.ie

New Code of Practice on Harassment

Mon, 04 Apr 2022 11:48:57 GMT

New Code of Practice on Harassment

A new Statutory 'Code of Practice on Sexual Harassment and Harassment at Work’ has recently been published by the Irish Human Rights and Equality Commission.

The purpose of the Code of Practice is to promote and assist in the development and implementation of policies and procedures within the workplace to ensure working environments are free from Harassment and that all employees dignity is respected.

The provisions of this code are admissible in evidence in proceedings before the Workplace Relations Commission (WRC), Labour Court or Court in proceedings under Part VII of the Employment Equality Acts (1998-2015) (‘EEA’), where the adjudicating body can take into account an employer’s adherence, or lack thereof, to the code when deciding whether or not to uphold a claim against an employer.

The main aim of this code of practice is to give practical guidance to employers, employees, and representative bodies on:

• What is meant by employment-related sexual harassment and harassment

• How it can be prevented

• What steps ensure that adequate procedures are readily available to deal with the problem and to prevent its recurrence.

For the above reasons , it is very important for employers to note that a well written policy on harassment at work is an integral part of equality strategies in the workplace. Employers should be seen to have the policy in place, ensure that all employees at all levels are familiar with it, and most importantly ensure adherence to the policy consistently.

This policy will be most effective when operated in conjunction with similar polices on bullying, equal opportunity and health and safety.

If you do not have such policies in place you should immediately address this.

Full Code of Practice is available here .

If you require assistance with putting in place harassment policies or addressing harassment at work, please contact us for advice today (01) 8870690.

Sick Leave Bill 2022

Mon, 04 Apr 2022 11:46:03 GMT

Sick Leave Bill 2022

The new legislation, which is set to give all employees a right to be paid sick leave, for the first time in Ireland, was approved by the cabinet last week (29th March 2022) and will now proceed to be passed in the Dáil probably before the summer recess.

To date, most employers have had no obligation to pay employees whilst out sick. Some employers may operate discretionary sick pay schemes or none at all and there is no entitlement to Social Welfare Illness Benefit Payments for the first three days of sickness absence.

This legislation is targeted at providing a level of sick pay coverage primarily for low-paid employees who are possibly not entitled to any sick pay or Illness Benefit under their terms and conditions of employment.

The new Sick Leave Bill 2022 will be phased in over four years to assist employers with planning ahead for the cost and administration involved.

The new sick pay provisions will be phased in as follows;

Year No. Sick Days Entitled

2022 3 days

2024 5 days

2025 7 days

2026 10 days

Frequently Asked Questions

Is there is a threshold for entitlements?

Statutory sick pay will be paid by employers at a rate of 70% of an employee’s gross wages, subject to a maximum daily payment of €110.

Will the days need to be consecutive?

No, the days can be either consecutive or non-consecutive.

Is the number of days entitlement per year or per absence?

The entitlement as set down above is per calendar year and not per absence.

What if we already operate a sick pay scheme?

If you already operate a scheme you need to ensure that it is not less favourable than the new provisions. If it is not less favourable, then you do not need to adjust your existing arrangements. This may be significant where a sick pay scheme does not pay for the first three days.

How long does an employee need to be employed before qualifying?

An employee must be employed for 13 weeks before becoming eligible.

Will employees require a medical certificate?

Yes, any payment for absences will need to be supported by a medical certificate, even for one-day absences.

What can employers do to prepare for the legislation?

Adjust budgets accordingly to reflect potential increases as a result of possible sick payments.
Begin updating existing policies within contracts of employment and Employee Handbook, to reflect the new payments made and to highlight the requirement for medical certificates after one day’s absence in order to qualify for payment and to stipulate that any breach will be treated in accordance with the disciplinary procedure.
If employers have not already done so, in line with their obligations under Working Time legislation, they should commence recording sickness records and medical certificates received/not received.
Employers may want to consider introducing more structured absence procedures and introducing Return to Work Interview processes, in an effort to manage absences effectively and avoid any abuse of the sick pay scheme.
Prepare a memo to highlight the introduction to employees.

When do we need to commence payments?

Confirmation will be made by the Government in due course.

If you need any guidance on the new sick pay entitlements, contact us today at (01)887690.

How can employers help Ukrainian and Russian employees?

Tue, 29 Mar 2022 11:41:29 GMT

The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

The importance of following correct procedures when making someone redundant

Tue, 15 Mar 2022 12:38:24 GMT

A recent decision of the WRC is a stark reminder to employers of the importance of fair procedures when terminating employment, even where a genuine redundancy situation exists and where the Adjudicator agrees that any appeal against the decision to make the position redundant is likely to be wasted.

The employee was a sales executive for the respondent company which provides international finance and IT services to businesses in the public and private sectors. The employee was made redundant following a decision by the company to close its sales operation in Dublin due to high costs, and the closure of the sales operation was to “generate cost savings and regain stability for the group.” The Company outlined there had been declining profits associated with the Dublin part of the business since 2017.

The Employee, in his evidence, outlined that in April 2020 he was invited to a Microsoft Teams Meeting, the purpose of which was unknown to him. At the meeting, which the employee said only lasted 10 minutes, the company’s Managing Director informed him that his job was redundant, as the Irish business was unprofitable, and that the decision had been made “centrally.”

The Adjudicator Officer in their decision said “I accept the explanation of the respondent witnesses that they closed down the sales operation in Dublin…I find that this explanation clearly falls within the definition of redundancy…I accept that his job was redundant wholly or mainly due to the closure of the business. While I am satisfied that the job the complainant was employed to do was Redundant, it does not follow that his dismissal was not unfair.”

The Adjudicator found that, in the context of redundancy, reasonableness on the part of the employer means treating the employee with respect and fairness, and noted it was regrettable the company did not act with more respect by informing him of the nature of the meeting; not engaging in relation to identifying any suitable alternative roles; not extending his notice period or treat him the same way as his manager, who was also made redundant.

The Adjudicator awarded the employee €120,000, which equated to a year’s salary as it took him a year to find a new position, taking account of the complainant’s redundancy lump sum payment of €19,152.

NOTE FOR EMPLOYERS: Employers should be mindful that despite the fact that there might be a genuine redundancy at play, the employer must still have regard for the employees’ rights and follow a fair and reasonable procedure in relation to the redundancy.

View full case details here; https://www.workplacerelations.ie/en/cases/2022/january/adj-00029093.html

For more information on fair procedures during the redundancy process, contact our office today on (01)8870690 or info@mss thehrpeople.ie

The Lifting of COVID-19 Restrictions

Fri, 04 Mar 2022 12:35:34 GMT

The Government announced that as of 28th February 2022 the wearing of face masks in public or retail operations are no longer mandatory (although still should be worn on public transport and in healthcare settings, and for 10 days following a positive Covid-19 test).

As restrictions are lifted and face coverings and social distancing are now a personal choice, it is important to remind our staff to be mindful of those around them.

We should ensure that staff are reminded to maintain a safe environment where those who feel uncomfortable or more vulnerable are able to express their feelings to their colleagues, for example, if they ask to have more space or for a colleague to wear a face-covering when in close proximity.

We suggest employers advise staff to consider wearing one in crowded indoor spaces where they may come into contact with people they do not normally meet.

For employers who remain concerned about the removal of mask-wearing and who wish to enforce the wearing of masks, they should ensure to revisit their health and safety risk assessments. It is possible that mask-wearing may still be identified as a necessary form of personal protective equipment to protect the safety and welfare of certain individuals, for example, immunocompromised individuals. However, this should be carefully assessed and considered before deciding to do so, as it may be difficult to justify if challenged, why the employer believes it is compulsory when the public health bodies have said otherwise. It remains to be seen how issues of this nature will be addressed and they are likely to throw up legal issues down the line.

In the meantime, the priority for employers is to keep their staff and customers safe. In line with this, they should remind employees about the general protective measures that are going to remain in place:

Government advice for people over the age of 13, is to wear a medical-grade mask or FFP2 for 10 days after a positive result.
Avoid close contact with people who are sick.
Cover your cough or sneeze with your elbow, or with a tissue, then throw the tissue in the bin.
Clean and disinfect all frequently touched objects and surfaces using a regular household cleaning spray or wipe.
Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing.
Make yourself aware of the signs and symptoms of COVID-19 and monitor your own wellbeing.
Do not go to work if you are displaying signs or symptoms of COVID-19 or if feeling unwell and follow Government guidance on the same.

PCR Tests/ Isolation Periods

PCR tests will only be recommended for certain symptomatic people, including those aged over 55, those with a high-risk medical condition, and those who are immunocompromised.
Symptomatic people who live in the same house or who support people who are immunocompromised - as well as pregnant women – will also be required to take PCR tests if they have symptoms of Covid-19.
The requirement to isolate after a positive Covid-19 case remains in place. Public health advice is to self-isolate until 48 hours after symptoms resolve, with no PCR requirement.
Close contacts with no symptoms no longer need a test, nor need to isolate, unless they are a Healthcare worker who is a household close contact.
All those with a positive test result, PCR or antigen, should isolate for a minimum of 7 days
Those with symptoms should isolate for 7 days from the date of onset of symptoms
Those without symptoms should isolate for 7 days from the date of the first positive test (PCR or antigen)
Ending of self-isolation after 7 days is on the basis that symptoms have substantially or fully resolved for the final 2 of those 7 days

Can an employer insist a person retires?

Tue, 15 Feb 2022 12:32:51 GMT

The recent case concerning a Nurse v A Nursing Home provides an invaluable lesson to all employers who may believe they can insist someone retires.

A Nurse was forced to retire at 65 and brought a claim under the Employment Equality Act against her employer, resulting in an award of €85,000 compensation.

In this case, a few months before the Nurse's 65th birthday she received a letter from her employer advising that she would be retiring upon reaching her 65th birthday. This was in line with the clause she had in her contract stating that: “Retirement age is 65 years. Employment beyond retirement age is exceptional and only by agreement of the employer”.

As the Complainant did not wish to retire, the company agreed to extend her employment for a period of one year, on the basis of her permanent contract coming to an end and issuing a new Fixed Term Contract. At the end of this new contract, despite the nurses’ requests for further extension, the company refused to issue her a new fixed term contract and terminated her employment saying that it would not be possible for her to remain in employment. Following termination of her employment, the Nurse brought a claim for age discrimination under the Employment Equality Acts.

The employer failed to attend the hearing thus did not present any objective justification as to why the Claimant had been forced to retire. The Adjudicator stated “caselaw essentially requires an employer to demonstrate that fixing an age of retirement is not only objectively and reasonably justified by a legitimate aim but that retirement at that age is an appropriate and necessary means of achieving that aim” and awarded the complainant €85,000.

This case should be a reminder to employers who wish to nominate a retirement age, need to have a policy on retirement, which includes an objective and legitimate aim to justify nominating the retirement age and to be very careful when handling their retirement processes and policies.

Feel free to get in touch with MSS for advice on how to best approach retirement in your company

You can read more about the case under the below link:

https://www.workplacerelations.ie/en/cases/2021/august/adj-00027325.html

The Protected Disclosures (Amendment) Bill

Tue, 15 Feb 2022 12:27:34 GMT

The Government has published the Protected Disclosures (Amendment) Bill 2022, which is derived from the EU Whistleblowing Directive. This Bill enhances the existing protections of persons who disclose information covered by the current law, also referred to as whistle blowers, in Ireland.

What changes will the bill introduce:

The scope of persons protected will be extended to include; volunteers, shareholders, board members and job applicants. Currently, the legislation relates to employees only.
Private Sector Organisations with 50 or more employees, will have to provide formal channels for their employees to raise protected disclosures. (PD)
Workplace Relations Commission Inspectors will be responsible for monitoring and enforcement of the Bill.
Employers, or nominated persons, on receipt of a PD, will have to acknowledge and follow up on allegations made and to provide feedback to the reporting person on their disclosures, within three months.
The Office of the Ombudsman will create a new office to support the handling of the new legislation.
The Commissioner will now direct PD’s to the most appropriate body when it is unclear which body is responsible, to ensure they are dealt with appropriately.

The legislation will now be progressed through the Oireachtas before being enacted into law.

For further information or guidance on Protected Disclosures, please contact us on info@mssirl.ie or alternatively 018870690.

Transitional Protocol - Good Practice Guidance on Continuing to Prevent the Spread of COVID-19

Mon, 31 Jan 2022 12:24:18 GMT

Following the relaxation of measures announced by the Government ten days ago, employers have slowly begun to return employees to the workplace, with many employers unsure as to how exactly to go about this.

The Government have now introduced a new protocol setting down guidance for employers on how to continue to prevent the spread of COVID-19 on return to the workplace.

Generally speaking, the document has relaxed many of the previous safety measures in place, however it does continue to require employers to continue to adhere to infection control protocols and to be mindful of vulnerable workers.

Below is an overview of the key points contained within the Transitional Protocol;

Key Points for Employers; -

Communication

Employers should continue to remind employees of existing protocols in place such as rapid isolation if experiencing symptoms and to adapt a collaborative approach with workers by continuing to regularly engage with employees and any designated Union Representative in relation preventing COVID-19.

Employers are encouraged to maintain at least one Lead Worker Representatives (LWR) during the transition period, to promote the shared responsibility for infection prevention.

Some employees may be concerned returning to the workplace and employers should discuss this with them where possible and take account of their particular needs.

COVID Response Plan

Employers should update their COVID-19 response plans to reflect any public health changes.

A review of Risk Assessments and Safety Statements should also be carried out to take into account updated public health advice.

Maintain measures for dealing with suspected cases of COVID-19 and outbreaks of COVID-19;

Employers should display signage and advise workers on isolation requirements if they have any signs or symptoms or a positive COVID-19 test.

Employers no longer need to keep a log on persons within the business however may need to provide attendance information as appropriate in the event the local Department of Public Health has to investigate an outbreak

Employees should keep themselves up to date on signs and symptoms of COVID-19

Maintaining COVID Infection Prevention and Control Measures

Employers should continue to promote good hand hygiene, regular hand washing with soap and water, providing appropriate hygiene materials (sanitiser and soap) and posting signage on hand hygiene practices.

Respiratory Hygiene

Good respiratory hygiene and etiquette should be promoted. Employers should provide tissues and bin bags for disposal and provide advice on good respiratory etiquette.

The legal requirement for face masks is no longer mandatory, except in certain regulated settings i.e. healthcare.

Mask wearing is still required in the following settings (public transport, retail premises, and in certain premises where food and beverages are prepared and served

Physical Distancing

The requirement for Two Metre Distancing has been removed.

Dealing with Suspected Cases of COVID-19 in the Workplace

The key message remains that a worker should not attend the workplace if they are displaying any signs or symptoms of COVID-19 or if they have a positive COVID-19 test.

Maintain procedures for dealing with Suspected Cases of COVID-19 in workplace, including a defined response structure, case manager, designated isolation area etc. “and the route to [it which] should be easily accessible and as far as is reasonable and practicable should be accessible by people with disabilities”

Take Account of High Risk and very High-Risk Workers.

Employers should continue to follow the different public health advice available for these groups of workers.

Blended Working

The Government has also called on employers, in consultation with their employees, to start to develop or finalise their long-term arrangements for blended or remote working in anticipation of legislation which has been published to formalise this

Cleaning

Cleaning of workplaces should be done at regular intervals

Ventilation

Determining ventilation of enclosed workplace settings should be considered as part of the workplace risk assessment

Antigen Testing

Widespread use of antigen testing in the workplace remains a voluntary option which employers, in consultation with workers and their representatives, may wish to adopt. The employer may get advice on establishing a programme of testing from their occupational health or medical service. If a workplace adopts a RAD testing system, employers must maintain personal information collected in line with GDPR requirements.

The use of RADTs does not preclude the strict requirement that all those who are symptomatic should self-isolate and not attend the workplace.

For further information please click; https://www.gov.ie/en/publication/63ba6-transitional-protocol-good-practice-guidance-for-continuing-to-prevent-the-spread-of-covid-19/

Government Agrees Covid Recognition Payment and New Public Holiday

Mon, 24 Jan 2022 17:34:46 GMT

In recognition of the efforts of the general public, volunteers and all workers during the COVID-19 pandemic, and in remembrance of people who lost their lives due to the COVID-19 pandemic, the Government have introduced a once-off public holiday on Friday March 18th 2022.

This Public Holiday will be treated in the same manner as other public holidays, in that employees will be entitled to a paid day off on this day or if they are required to work, they will be entitled to one of the following; a paid day off within a month of that day, an additional day of annual leave or an additional day’s pay.

Part Time employees continue to receive payment provided they have worked 40 hours in the 5 weeks immediately before the Public Holiday.

An employee who does not normally work on the day on which the Public Holiday falls, continues to be entitled to one-fifth of the working week as compensation for the public holiday.

From 2023, there will be a permanent Public Holiday established in celebration of Imbolc/St Brigids Day.This will be the first Monday in every February, except where St. Brigid’s Day, the 1st day of February, happens to fall on a Friday, in which case that Friday 1 February will be a public holiday.

The government has also agreed to give a recognition payment of €1,000 (tax free), for eligible frontline health and ambulance workers. An equivalent payment will be provided for relevant staff in private sector nursing homes and hospices that were affected by COVID-19.

Employers to Note: Employers should ensure that employees receive their entitlements for the new Public Holiday and may need to adjust Employee Handbooks and policies to reflect the new Public Holiday coming into effect next year.

For further advice and guidance in relation to the above or public holidays, please contact us on info@m ssthehrpeople.ie or alternatively on 018870690.

Redundancy Payments (Amendment) Bill

Mon, 24 Jan 2022 17:32:23 GMT

The Government have published The Redundancy Payments (Amendment) Bill , providing a special State payment for workers made redundant who have lost out on reckonable service over the Covid period.

This new Bill provides a special payment directly from the social welfare fund, of up to a maximum of €1,860 tax- free, for any employees who were made redundant and who lost out on reckonable service while they were placed on lay-off, as a result of necessary COVID-19 closures to protect public health.

Under Redundancy Payments legislation, periods of lay-off are not deemed to be ‘reckonable service’, which means it cannot be taken into account when calculating the total service of employees for the purpose of any redundancy payment, thereby reducing the redundancy payment they may be entitled to. The Bill aims to compensate employees for any such loss.

The Government recently lifted temporary restrictions which were put in place during Covid preventing employees from claiming redundancy during periods of lay-off or short-time working, meaning employees placed on lay-off can now, if they qualify, claim statutory redundancy.

The Bill will make sure that employees, now receiving redundancy payments, will be treated as if they had not been on lay-off when it comes to calculating their redundancy payment.

The payment will be administered directly by the Department and it is anticipated that payments will come into effect in the first half of 2022.

For further information or guidance on redundancies, please contact us on info@msst hehrpeople.ie or alternatively 018870690.

Employer Update: Adjudications and Decisions 2021

Tue, 11 Jan 2022 17:29:40 GMT

Employer Update: Adjudications and Decisions 2021

11th January 2022

The WRC has published a ‘Review of WRC Adjudications and Decisions’ for 2021. This report serves as a timely reminder of the

importance of getting the procedures right and ensuring that we, as HR Practitioners and business owners, are taking the steps

necessary to protect our businesses from unnecessary awards.

Key Findings:

A total of 1,401 cases encompassing 3,059 complaints were the subject of published decisions.

Awards Made:

The overall average award was €5,117.42.

Complaint Breakdown:

Most complaints concerned the Organisation of Working Time Act 1977, with 577 complaints. The average award under this legislation was €1,057.48. The highest award was €11,180.00

This legislation deals with working hours, daily and weekly breaks, annual leave, public holidays and working time records for employees.

Employers to Note: Businesses should make sure they are keeping appropriate working time records and that employees are not exceeding working time limits and are receiving breaks, so as to avoid unnecessary claims under the Organisation of Working Time Act.

The second highest number of claims were made under the Unfair Dismissals Act 1977, which includes unfair redundancies, with 454 complaints. The average award made under this Act was €11,472.96, with the highest award being €104,000.00.

Employers to Note: With procedural fairness being at the forefront of most decisions concerning Unfair Dismissals, employers must ensure they adhere to and follow a fair process, ensuring impartiality at each stage of the process and following the disciplinary procedures closely and seeking advice before each step.

A full copy of the report is available here; https://www.workplacerelations.ie/en/complaints_disputes/adjudication/review-of-wrc-adjudication-decisions-recommendations/wrc-report-review-of-wrc-adjudication-decisions-and-recommendations-jan-dec-2020-.pdf

We hope that you find this update useful. If you have any queries, as always, please do not hesitate to get in touch with us.

Please remember to check out our Subscriber Online Hub for access to useful HR templates, if you have not already done so.

Details of how to do so are once again outlined below;

How to access the Online hub?

Log on to https://www.mssirl.ie/
Go to Subscriber Login
Select Create an Account and input your details
Simply wait until we verify your details.

"Layer Up"

Tue, 30 Nov 2021 17:26:06 GMT

New Government Campaign

The government have started a new campaign to promote self-protection from Covid. It is called “Layer Up” and is focusing on what we can do as individuals to protect ourselves and others from covid infection.

If followed, it will also of course reduce the risk of flu infection as well, as was the case in winter 2020.

It is clear that it is necessary that the workplace is kept safe and all protocols continue to be applied. By doing this, we may help reduce the level of infection and of course the threatened lock down before Christmas which seems to be rumoured again.

If we can provide any further guidance, please feel free to contact us.

You can view "Layer Up Partner Pack Nov 2021.pdf" at:

https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:422e6359-7128-4151-bad4-35835839e034

Appointing Employees

Tue, 09 Nov 2021 17:19:02 GMT

How can we help you?

Did You Know: -

An employer must issue at least a mini statement of terms of employment within the first five days of employment.

AND

A full statement of terms of employment within the first two months of the employee commencing employment.

A full statement of terms of employment within the first five days of employment, in which case a mini statement is not required.

Failure to do so could result in the matter being referred to the Workplace Relations Commission, where an employer can be fined up to 4 weeks wages for not complying with this requirement.

Mini Statement of Terms

The mini statement, as its name suggests, is a brief statement providing the employee with a minimum of information. An employer must still issue a Full Statement of Terms regardless, within two months of commencement, otherwise there is a breach of the Terms of Employment (Information) Act 1994.

To ensure employers fully comply with their legal obligations, the MSS HR Onboarding service will ensure that any person appointed to your company, will receive either a mini statement within five days or, their full statement of terms and conditions of employment either before they commence working with the company or within the statutory time limits.

Statement of Terms and Conditions of Employment

We will ensure your Statement of Terms and Conditions of Employment is fully compliant with all the obligations under the Terms of Employment (Information) Act 1994 and all other employment legislation and, in addition, include the relevant sections necessary to ensure your employee is fully aware of their entitlements, their obligations and company policies and procedures applicable in your company, including a company handbook or other documents that you may wish to have issued at the commencement of employment.

We can also follow up, where necessary, to ensure the relevant documentation required by the company is received back.

If you or your business requires help in this area please contact us here , call +353 1 887 0690 or view our recruitment page here for more on how we can help.

National Minimum Wage Increase

Thu, 14 Oct 2021 16:15:40 GMT

As a result of Budget 2021 with effect from the 1st January 2022 the National Minimum Wage in Ireland will be increased to €10.50 per hour for an experienced adult worker.

Applicable employees

The full rate applies to any employee who is at least 20 years of age and as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

2021 January 2022

Aged 20 or more: €10.20 €10.50*

Aged under 18: €7.14* €7.35 * (70%)

First year from date of

first employment over age 18: €8.16* €8.40 * (80%)

Second year from date of

first employment over age 18: €9.18 €9.45 * (90%)

*per working hour

Who is an experienced adult worker?

An experienced adult worker is an employee who is not:

under the age of 18 years,
or in the first two years after the date of first employment over age 18,

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or
An apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Alternative minimum rates may be set down under Employment Regulation Orders (EROs) of Joint Labour Committees or Sectoral Employment Agreements (SEAs) covered by an Employment Collective Agreement between Employers and Trade Unions.

Working hours

Full time, part time, temporary or casual employees are all entitled to the national minimum wage for the following hours worked;

All hours where an employee carries out an activity for an employer including;

Overtime
Time spent travelling on official business
Time on authorised training/study during normal working hours

Excluding;

Time on standby/on call away from place of work
Time on authorised leave/notice or absent from work
Travelling from residence to work or to place of training

Where an employee’s hours of work are uncontrolled or unsupervised and their average pay would be not less than 150% of the minimum adult rate, they must maintain written records of hours worked and return these to the employer.

Calculation of hourly pay (reckonably pay)

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection)
Productivity related bonuses
Board and/or lodging
Service charge paid through payroll

Note: overtime, call-out premium, service pay, weekend and public holiday premiums, unsociable hours premiums, tips or gratuities paid through the payroll and allowances for special or additional duties may not be included.

Pay Reference Period

The period of time over which you may calculate the average earnings (Pay Reference Period) may be a week, a fortnight and must not be longer than one month.

Employee Complaints

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their Employer.

Victimisation of Employees

No employer may victimise another employee for exercising their rights.

Any employee so victimised who cannot resolve the matter with their employer and may refer the matter to the Workplace Relations Commission or where dismissed, under the Unfair Dismissals Act 1977.

Minimum wage in practice

With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €11.70 per week, or an extra €608.40 gross per year.

End of Employer Protection against Redundancy

Tue, 21 Sep 2021 16:09:38 GMT

The temporary provision protecting employers from claims for redundancy payments will end on the 30 September 2021. The provision was introduced as an emergency measure in March 2020 and has been extended six times.

The purpose of the amendment was to suspend an employee’s right to seek redundancy if they had been laid off or put on short-time work due to the measures required to limit the spread of COVID-19 for the duration of the emergency period.

Once this is lifted, on 30 September next, workers will be enabled to trigger redundancy and to access redundancy payments in the usual way. This can be done by an employee issuing written notice to the employer that they wish to be reinstated to their former working hours or claim redundancy payment. This can be done upto 4 weeks after the lay off or short time working ends where the employee believes they will not have 13 weeks continuous work at normal hours. In such a case the employee will not be entitled to any notice payment.

Conditions For Requesting Redundancy

To qualify for redundancy, an employee must have at least 2 years continuous service.

An employee can claim redundancy if on a lay-off or short-time working, or a combination of both, for either:

At least 4 consecutive weeks, or
6 weeks within the last 13 weeks

The employer must give written counter notice within 7 days of the date of the notice, by notifying the employee that there will be work for them that will:

Start in the next 4 weeks from the date of the claim, and
Last at least for 13 weeks without lay-off

Special Payments for Reckonable Service

Reckonable Service - Employees

“Reckonable service” is the service that is taken into account when calculating a redundancy lump sum payment. It is important to note that reckonable service is a separate and distinct matter from continuous service.

The State has confirmed that it will make a special payment of up to a maximum of €1,860, to workers who have lost out on reckonable service while temporarily laid off over the course of the pandemic and who are made redundant.

To support employers, where they are unable to meet their financial obligations in paying statutory redundancy to their employees, the State will fund statutory redundancy payments from the Social Insurance Fund on their behalf.

A flexible and discretionary approach will be taken in relation to recovery of the redundancy debt and, in many cases the debt can be repaid over a number of years. This is not a new provision but was always applicable where an employer could not pay the statutory redundancy to the affected employee.

Returning to the "New Normal" in the Workplace

Tue, 31 Aug 2021 16:06:57 GMT

FLEXIBLE/ REMOTE WORKING

In anticipation of returning to the workplace many employers now face the decision as to whether they will be able to facilitate flexible working.

Flexible working itself has been an item of discussion for a while now, but with the introduction of working remotely being added to shorter working weeks, flexible hours, job sharing, part time working and what has now become known as hybrid working, pressures are now different.

The government intends to introduce legislation giving employees the right to request remote working. This will not establish an “entitlement to remote working”, but employers will be expected to justify why they have declined a request, should an employee refer a claim to the Workplace Relations Commission. This is, in effect, creating an indirect right, as it will be up to a third party to decide if the employer has acted reasonably.

In anticipation of these changes, the following are matters which need to be considered before implementing any general remote working arrangements.

EVALUATE

Employers must now evaluate their own operational needs and decide if flexible working, and in particular, remote working, is the way forward for their business. The last 17 months will have identified pros and cons for both employers and employees, but that was in an emergency environment. In the normal environment there will be many things to consider which we did not take account of over the last months, such as the work environment at home e.g., sitting on a bed/couch or wherever one could find, family or dependents distracting, working arrangements. Some of these would not be acceptable in an ongoing arrangement.

We believe employers should, in the first instance, return to the pre COVID working arrangements, assuming of course they are in position to provide the appropriate safe working place, allowing for social distancing, sanitisation, mask wearing and a safe workplace, and start from there.

SHORT TERM PLANS FOR A COVID SAFE RETURN

Employers should:

Determine if any roles should be prioritised for return to the workplace.
Identify employees who need to continue to work from home in the short term, for example, because they remain vulnerable or have ongoing health conditions.
Calculate safe office occupancy levels in order to maintain social distancing and to meet the requirements of the Return to Work Safely Protocol.( https://enterprise.gov.ie/en/Publications/Publication-files/Work-Safely-Protocol.pdf )
Stagger the return to work to ensure a controlled safe return.
Consult with employees (and trade unions were applicable) on plans for returning to the workplace and encourage them to raise questions or concerns.
Listen to the employees and learn more about their experiences of working during the pandemic.

Employee considerations:

Initially, consider whether it is appropriate to your business to adopt flexible /remote working. If so, what legal obligations arise under health and safety, employer liability insurance, protecting data, providing suitable equipment, and ensuring that good communication between workers, both office based and remote, will not be damaged.

Assuming it is possible to facilitate remote working these steps should be followed: -

COMPANY POLICY

Create a Remote Working Policy

This will;

define the type of positions which may be suitable to be worked remotely
clarify roles and responsibilities for flexible workers and people managers
define flexible working with regard to the specific organisational context. This might include several different forms of working depending on role and team requirements.
define whether there will be fixed working hours, core working hours or flexible working hours
set timelines for applications, responses, and re-applications in cases of refusal
define the appeal process specifically relating to this
detail what costs or contribution to costs, if any, an employer is willing to make
define the processes for H&S assessment/self-assessment
define minimum working/operating requirements – e.g., Ability to work undisturbed, suitable broadband connections, ability to ensure documentation is kept secure and compliant with GDPR obligations, suitable workstation/area, working hours
define what communication tools will be required e.g., landline, mobile, online
define the steps for changing or ending a flexible working arrangement

Having decided on how the company wishes to approach flexible working the next step is to proceed and deal with any requests received for remote working.

We believe the key steps towards introducing remote working should include:

Planning for and responding to the organisational implications of remote working on matters such as technology, employee wellbeing, inclusion and facilities.
Reviewing systems and equipment available in offices and provided by individuals in order to assess whether it will appropriately support remote working.
Put a plan on how Health and Safety will be measured for those who are working remotely. The minimum of Display Screen Assessments for each employee will have to be conducted and workstations in employees’ homes will have to meet all the requirements. Possibly introducing audits of workstation by a way of visit, online or sending pictures to document that the workplace is appropriate.
Decide how you will put in place appropriate security measures to ensure system and data integrity.
Ensure all the criteria included in the Organisation of Working Time Act and Code of Practice to Right to Disconnect are met i.e., keep appropriate records, make sure that employees are taking their breaks and are not working excessive hours.
Reviewing other related policies including, for example, expenses, IT usage, homeworking and data protection.
Remote/flexible working sometimes can be undertaken on an informal basis without a contractual change. Employers should make sure that employees and managers understand the differences and the implications of both and need to decide on the approach taken if remote/flexible working is going to be a formal change of employees’ terms and conditions of employment.

THE WELLBEING OF REMOTEWORKERS

What has become very clear is that greater attention needs to be paid to the remote worker when it comes to their wellbeing, especially if contact with office and work colleagues is significantly reduced.

Consider the following:

Providing training and support to employees on managing work-life balance whilst working out of the office.
Offering training on digital wellbeing and having healthy habits in relation to technology use, including helping employees to mindfully disconnect.
Helping managers to understand the potential wellbeing implications of remote working and equipping them to have appropriate wellbeing conversations.
Ongoing mental health support and information for all employees.
Ensuring managers are aware of potential signs and symptoms of poor wellbeing or mental health, as these may be weaker whilst employees are working in a remote or hybrid way.

CONSIDERING APPLICATIONS

When considering an application, it is important to operate in accordance with the general principles detailed in your policy. Consider the reasons why a person wants to remotely work. Remote working is not to enable people to reduce child minding costs or caring for dependents or combining working hours with other activities.

Consideration should also be given as to how a request impacts work colleagues, the flow of work, the need for informal communication between work colleagues and all things that are not achieved well by online communications, where people need to make appointments to meet/chat.

Consider the long-term effects of such an arrangement. Whether we like it or not, the longer such an arrangement is in place the more a person will see it as their permanent way of working.

What precedence will it set within the department/company, and will it be possible to extend it to all in the department/business affected, as everyone will have the right to ask.

CONCLUSION

There are probably many other points that will merit consideration, but what is clear, is that any form of flexible working, and particularly remote working, cannot just suit the employee benefitting. It must also be acceptable to co-workers, does not compromise the business and must allow for changes in the future as business demands and practices change.

Over the last 17 months many have decided this is how they would like to work going forward. Some will have decided it is not all they thought it would be. We believe this is going to be a difficult number of months ahead as we try to get to grips with a new type of working that is being forced upon all employers, so it is important this is planned carefully and managed carefully to protect the interest of the business as a whole.

For further guidance you can refer to the government guidelines on remote working: https://enterprise.gov.ie/en/Publications/Publication-files/Remote-Working-Checklist-for-Employers.pdf

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/ Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Code of Practice On The Right to Disconnect

Fri, 09 Apr 2021 16:03:28 GMT

CODE OF PRACTICE ON THE RIGHT TO DISCONNECT

The Workplace Relations Commission has introduced a ‘Code of Practice for Employers and Employees on the Right to Disconnect’. This reflects the dramatic change in the world of work over recent years, in particular when it comes to technological advances, which means we are now more contactable and accessible than ever before.

The Code of Practice recognises that there are both positive effects, as well as challenges, and recommends employers put in place policies and procedures to help maximise the benefits for both the employee and employer, to ensure there are safe working practices in place and to maintain a mutually beneficial relationship.

WHO DOES THE CODE APPLY TO?

The Code applies to all employees in all types of employment, whether that be remote working, working from a fixed location, at home or mobile.

IS THIS A LEGAL REQUIREMENT?

There is no legal requirement upon the employer to follow a Code of Practice introduced by the Workplace Relations Commission. It is a guide to what would be regarded as best practice and is within their remit of promoting fairness, continuous improvements and maintaining good working relationships.

However, it is important to be aware that failure to follow a Code of Practice, whilst not an offence in itself, is admissible as evidence in any proceedings before a Court, the Labour Court or the Workplace Relations Commission.

In addition, whilst the Code may not be a legal requirement, there is legislation which covers aspects which may be linked, although not explicitly referring to, the right to disconnect. For example;

• The Organisation of Working Time Act states an employer cannot allow an employee to work in excess of 48 hours per week on average, and must keep records of hours worked, including breaks and rest periods to ensure obligation are met under the Act. Working time means any time that the employee is— (a) at his or her place of work or at his or her employer’s disposal, and (b) carrying on or performing the activities or duties of his or her work,
• The same Act also specifies what breaks employees must have which includes between shifts and each week which should be uninterrupted.
• The Safety, Health and Welfare at Work Act 2005 states an employer has a duty to manage and conduct work activities that prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk and to not engage in improper conduct that’s likely to endanger the employee’s safety, health and welfare at work. This includes an obligation to not work hours in excess of the legislation.
• Employment (Miscellaneous) Provisions Act 2018 provides that employees must receive a Statement of Terms detailing the core terms of their employment within the first 5 days of employment. One of the core terms being, hours of work the employer reasonably expects the employee to work in a normal working day and normal working week.
• The Term of Employment Information Act provides similarly, that an employer is to provide an employee with their Terms and Conditions of Employment within 2 months of commencing employment which is to include details on working hours including overtime.

WHAT IS THE RIGHT TO DISCONNECT?

The right to disconnect means; “An employee has the right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails, telephone calls or other messages, outside normal working hours”.

There are three main elements to the Right to Disconnect;

1) The right to not routinely perform work, outside normal working hours,
2) The right to not be penalised for refusing to attend to work matters outside normal working hours and,
3) The duty to respect another person’s right to disconnect i.e. by not routinely emailing/ calling outside normal working hours.

EMPLOYER AND EMPLOYEE OBLIGATION

In order to create a culture whereby an employee feels they can disconnect, a joint approach from both the employer and employee must be taken.

Employer’s Obligation

• Provide detailed information on employees working time,
• Ensure employees are aware of what their normal working hours are reasonably expected to be,
• Ensure employees take their rest periods i.e. 11 consecutive hours rest in any 24 hour period,
• Ensuring a safe workplace, including reviewing risk assessments and, where necessary, the safety statement, taking into account the employers obligations under section 8(2)(b) of the Safety, Health and Welfare at Work Act 2005 to manage and conduct work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk,
• Not penalising an employee for acting in line with any relevant statutory provision.

Employee’s Obligation

• Ensure they are made aware of their responsibility to manage their own working time,
• Fully cooperate with any methods used by the employer to record working hours, including when working remotely,
• Be mindful of colleagues, customers/ clients and all other’s right to disconnect i.e. by not routinely emailing/ calling others outside normal working hours;
• Notifying their employer, in writing, of any statutory rest period and/ or breaks which they were unable to receive on a particular occasion, and the reason why,
• Being conscious of their work pattern and aware of their work-related wellbeing, taking remedial action if necessary.

RAISING CONCERNS

Employees and employers should manage the right to disconnect in a manner that is respectful of the other’s rights. However, there may be situations that arise where an employee does not feel their Right to Disconnect is being respected or their workload is such that they are unable to disconnect at the end of their normal working day. Examples of such may include;

• Being contacted regularly outside normal working hours,
• Being expected to regularly work through lunch break or other breaks or after work e.g. at home,
• Being penalised for not being available outside normal working hours

In such situations, employees should be encouraged to resolve the issue with the person(s) informally in the first instance.

Where the issue is unresolved, the company formal grievance procedure should be utilised. If the matter is addressed through the grievance procedure in the context of the Right to Disconnect and still remains unresolved on completion, the employee may refer it to the WRC under the appropriate legislation.

BEST PRACTICE

In light of this new Code, we recommend employers put in place a ‘ Right to Disconnect Policy ’.

The Policy should be supporting the employee’s wellbeing and Right to Disconnect, while recognising that there will be occasions where legitimate reasons arise when it is necessary to contact others outside of normal working hours and also acknowledging that ‘normal working hours’ can differ across the Company.

It should emphasise that there is a responsibility on the part of, and an expectation of, employees to disconnect from work emails, messages etc. outside normal working hours and during periods of leave.

The obligations of employers and employees should be laid out within the policy, as well as the company’s position when it comes to scheduling and attending meetings, Manager’s responsibilities and how employees can go about raising concerns.

It is important for the implementation of any policy that it reaches and applies to all levels of the company. The Policy must be supported from the top down and must be actioned upon.

The Right to Disconnect Policy should be clearly communicated to all employees, a copy of which should also be provided.

Link : https://www.workplacerelations.ie/en/what_you_should_know/codes_practice/code-of-practice-for-employers-and-employees-on-the-right-to-disconnect.pdf

This update is provided by the MSS HR Support Service

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Probationary Dismissal

Mon, 01 Mar 2021 16:59:33 GMT

Court of Appeal Overturns Decision on Probation Dismissals

On the 16th February 2021 the Court of Appeal issued their decision concerning Probation dismissals, in O'Donovan -v- Over C Technology Limited & Anor IECA 37 [2021] and overturned a High Court decision, providing much need clarification in relation the law and dismissal during probationary periods.

The High Court Hearing granted injunctive relief and held employees right to fair procedures were “not confined to cases where the dismissal was by reason of an allegation of misconduct" but also applied to cases of “poor performance" dismissals. This was done despite the fact that Mr O’Donovan was still well within his contractual probationary period.

The Court of Appeal held the High Court failed to give adequate weight to fact that Mr O’Donovan’s dismissal occurred during the probation period. In doing so the CoA stated that during the period of probation, all parties must be free to terminate the employment for any or no reason and, importantly, a dismissal for poor performance does not attract the employees right to natural justice and fair procedures, whereas dismissal for misconduct would.

This case highlights the need for employers to conduct adequate performance reviews of new employees during the probationary period, and to act on such issues in a timely fashion.

It should be born in mind that often performance issues and misconduct issues are often closely related and therefore may be difficult to distinguish between the two. Further employees dismissed during probation may still have redress under the Industrial Relations Acts, and the Unfair Dismissals Act, in certain specified cases such as for trade Union Activity, Equality grounds or for having made a protected disclosure.

Where an employer is seeking to dismiss an employee even during probation it is advised they seek professional advice before doing so.

Case Link : https://www.courts.ie/acc/alfresco/407a36b1-8660-4181-b6b8-9387a6b1b84c/2021_IECA_37%20(Unapproved).pdf/pdf#view=fitH

Lessons to take away from the recent WRC decision on 'Remote Working'

Fri, 12 Feb 2021 16:57:02 GMT

Lessons to take away from the recent WRC decision on ‘Remote Working’

The WRC, in a recently well publicised case, found in favour of an Operations Administrator claim for Unfair Dismissal in a Facilities Management Company.

The employee claimed she was constructively dismissed following a refusal by her employer to put measures in place, in this case working remotely, to address her health and safety concerns in relation to COVID -19.

Constructive Dismissal arises where it is considered reasonable for an employee to terminate his/her employment due to the conduct of their employer. The bar is quite high for an employee to win such a case, as the burden of proof is on the employee to prove that they had no choice but to leave, which is why this case is of significance.

Can Essential businesses refuse Remote Working?

Whilst some employers are of the view because they are considered ‘essential’ workplaces, they can use this as a reason to refuse such requests, this case shows employers cannot adopt such a blanket view on the matter. Currently we are operating under Level 5, which stipulates that people should work from home, unless it is essential for them to be in work. This is in addition to considering any health and safety concerns raised by employees and whether operationally it is possible to accommodate them.

Employers have a Duty of Care to employees and must ensure the safety, health and welfare of their employees. This means carrying out risk assessments and identifying, where possible, if a risk can be eliminated, and if not, whether adequate control measures can be put in place to manage the risk.

In this case the Adjudicator believed “ the requirement that the complainant attend the workplace without such adequate consideration of the elimination of risk, amounts to repudiation of contract. This arises as providing a safe place of work is a fundamental term of the contract of employment. The respondent did not comply with the statutory framework by first seeking to eliminate risk, causing the complainant to attend work in greater danger. In this case, the risk could have been readily eliminated or reduced through ‘reasonably practicable’ steps, as suggested by the complainant. Mitigation is not equivalent to elimination.”

So, does this mean that employers must accommodate Remote Working?

No. Firstly this decision has nothing to do with the right to work remotely but all to do with Covid and Health and Safety. Employers are still within their rights to refuse remote working. However, this case demonstrates the importance of being able to show that any such refusal was made following a risk assessment and to be able to demonstrate why objectively, it is not operationally feasible.

In addition to the proposals for remote working strategies of the Government, the case further signifies that remote working is going to be with us into the future and if current legislative proposals are introduced then employers will have to justify why they will not allow remote working.

Employers should take this time to review the roles within their workplaces, to reasonably assess which roles are suitable to remote working, which roles are not and ensure they can objectively justify such a decision if challenged. We would also recommend that employers prepare now Remote working policies.

Case reference https://www.workplacerelations.ie/en/cases/2021/january/adj-00028293.html

New Code of Practice on Workplace Bullying

Wed, 03 Feb 2021 16:54:20 GMT

NEW CODE OF PRACTICE ON WORKPLACE BULLYING

A new Code of Practice was developed and published on the 5th January 2021 (Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order 2020) which replaces the Codes of Practice published by The Health and Safety Authority (HSA) and Labour Relations Commission (now Workplace Relations Commission - WRC).

THE NEW CODE OF PRACTICE

This Code of Practice provides practical guidance for employers on identifying and preventing bullying at work arising from their Duty of Care under the Safety, Health and Welfare at Work Act 2005. Under the Act, employers are expected to manage and conduct work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk.

Employees also have similar responsibilities under the Act to not engage in improper conduct or behaviour that is likely to endanger their own safety, health and welfare at work or that of any other person.

This Code applies to all employments in Ireland irrespective of whether employees work at a fixed location, at home or are mobile.

DEFINITION OF BULLYING

Bullying is defined as:

Repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably regarded as undermining the individual's right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but, as a once off incident, is not considered to be bullying.

While there were no changes made to the definition of Bullying, in comparison with the previous Codes of Practice, the new Code states bullying could include the use of cyber or digital means.

It further outlines a non-exhaustive list of behaviours that can be considered bullying, such as blaming a person for things beyond their control, repeatedly manipulating a person's job content and targets or excessive monitoring of work.

WHAT IS NOT CONSIDERED BULLYING

The new Code of Practice also helpfully describes situations which should not be regarded as workplace bullying and these include:

• Expressing differences of opinion strongly
• Offering constructive feedback, guidance, or advice about work-related behaviour which is not of itself welcome
• Ordinary performance management
• Reasonable corrective action taken by an employer or supervisor relating to the management and direction of employees (for example managing a worker's performance, taking reasonable disciplinary actions, or assigning work)
• Workplace conflict where people disagree or disregard the others’ point of view
(This list is not exhaustive).

Additionally, as set out in the definition above, a once-off incident of bullying behaviour may be an affront to dignity at work and may be unsettling, but does not of itself make for an adequate level of distress as to fall within the definition of bullying and other remedies should be sought for these scenarios. As a once-off, such behaviours cannot be presumed to be done in a targeted, purposeful and unremitting way.

SECONDARY INFORMAL PROCESS

The Code recognises that informal solutions are to be encouraged where possible. An informal approach may effectively address the unwanted behaviour without recourse to any other action. Sometimes the person who is alleged to be engaging in the behaviour is genuinely unaware that the behaviour being complained of is disrespectful or unwelcome or undermining and/or causing distress. Therefore, it is always recommended, to encourage employees to try and resolve issues that arise informally in the first instance, subject to the agreement of the parties involved.

Whils

t informal resolution was always included in the Codes of Practice on Bullying, the New Code of Practice provides an additional option of a Secondary Informal Process.

If the first stage was unsuccessful or, if the complainant or the employer deems it inappropriate due to the seriousness of the issues, this more protracted yet still informal system can be put in place.

In this process, the employer may nominate a separate person who has had appropriate training and experience and who is familiar with the procedures involved to deal with the complaint. For each complaint that arises, such a person should be assigned to deal with that particular case. Effective guidance and training should be in place for those who are engaged at this level with the process.

The appointed person would meet with the complainant and the person complained against and establish their responses to the situation. Following this, a method should be agreed to progress the issue to resolution to assist both parties to return to a harmonious working environment without bullying being a factor.

The nominated person who was responsible for managing the complaint should keep a nominal record of all stages, including the complaint, the first meeting, action agreed and signed records of the final meeting. The purpose of the records, which do not include detail of discussions, is to provide evidence of the complaint having been met with an organisational response and attempt at resolution.

Following the resolution of the issue, both parties should be given support or periodical reviews, insofar as is reasonable, which, if necessary, could include counselling or other appropriate interventions or support services.

The new Code of Practice outlines also the formal procedure, as previous Codes did, however, recommends that all informal resolution avenues - as set out above - should be contemplated and where appropriate, exhausted before a formal process is invoked.

ANTI-BULLYING POLICY

In light of this new Code of Practice, we recommend all employers revise their Anti-bullying/dignity at work policies to make sure their policies are up to date.

While this Code refers to workplace bullying only and doesn’t include harassment cases, this does not prevent employers from having one policy/document encompassing procedures for processing both bullying and harassment cases.

Failure to follow the new Code of Practice is not an offence in itself. However, in any proceedings before a Court, the Labour Court or the Workplace Relations Commission, the code of practice shall be admissible as evidence and where the Code appears to the body concerned to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

Additionally, it is not enough to just have the policy in place.

New employees, at all levels, should be made aware of the policy as part of any formal induction process. Where a staff handbook is distributed to employees as part of the induction process, the Anti-Bullying Policy should be included.

Moreover, existing employees should receive updated and regular communication on the policy.

As outlined in the Code of Practice, bullying at work may arise, not only from work colleagues but also by non-employees, such as clients, customers, sub-contractors and business contacts. In line with that, a summary of the Anti-Bullying Policy should be prominently displayed at places where members of the public, clients, and customers attend.

See our Dignity At Work - Bullying in The Workplace Course Here

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

National Minimum Wage

Thu, 31 Dec 2020 16:49:02 GMT

National Minimum Wage

With effect from the 1st January 2021, the National Minimum Wage in Ireland will be increased to €10.20 per hour for an experienced adult worker.

APPLICABLE EMPLOYEES

The full rate is applicable to any employee who is at least 18 years of age except as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

2020January 2021

Aged 20 or more: €10.10* €10.20*

Aged under 18: €7.07* €7.14*(70%)

First year from date of first

employment over age 18: €8.08* €8.16* (80%)

Second year from date of

first employment over

age 18: €9.09* €9.18* (90%)

*Per working hour

WHO IS AN EXPERIENCED ADULT WORKER?

An experienced adult worker is an employee who is not:

• under the age of 18 years,
• or in the first two years after the date of first employment over age 18,
• or a trainee undergoing structured training as defined by the Act.

WHO DOES IT NOT APPLY TO?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

• The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or
• An apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.
• Alternative minimum rates may be set down under Employment Regulation Orders (EROs) of Joint Labour Committees or Sectoral Employment Agreements (SEAs) created by Employment Collective Agreements between Employers and Trade Unions.

WORKING HOURS

Full time, part time, temporary or casual employees are all entitled to the national minimum wage for the following hours worked;

All hours where an employee carries out an activity for an employer including;

• Overtime
• Time spent travelling on official business
• Time on authorised training/study during normal working hours

Excluding;

• Time on standby/on call away from place of work
• Time on authorised leave/notice or absent from work
• Travelling from residence to work or to a place of training

CALCULATION OF HOURLY PAY (RECKONABLE PAY)

• Basic Pay
• Shift Premium
• Piece/Incentive Rate.
• Commission
• Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero-hour protection)
• Productivity related bonuses
• Board and/or lodging
• Service charge paid through payroll

PAY REFERENCE PERIOD

The period of time over which you may calculate the average earnings (Pay Reference Period) may be a week, a fortnight and must not be longer than one month.

EMPLOYEE COMPLAINTS

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their employer.

VICTIMISATION OF EMPLOYEES

No employer may victimise an employee for exercising their rights.
Any employee so victimised who cannot resolve the matter with their employer, may refer the matter to the Workplace Relations Commission or where dismissed, under the Unfair Dismissals Act 1977.

MINIMUM WAGE IN PRACTICE

With this most recent increase in the National Minimum Wage, an employee on minimum wage who works a full 39-hour week will now receive an additional €3.90 per week, or an extra €202.8 gross per year.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES

MAY BE OBTAINED FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Updated Work Safely Protocol

Tue, 08 Dec 2020 16:41:31 GMT

Updated Work Safely Protocol

It has been some time now since the Government released the Return to Work Safely Protocol, setting down the many safety measures which Employers were recommended to take in order to protect their employee’s against the spread of COVID-19.

With many workplaces once again reopening their businesses, this document has recently been revised. As before, the document sets down the minimum measures required in every workplace to protect against the spread of COVID-19 and to facilitate employers re-opening their workplaces.

The main updated Public Health advice includes information on the management and control of outbreaks, selection of hand sanitisers, wearing of masks and ventilation of workplaces. The Protocol contains links directing employers and employees to a range of government departments and agencies where additional and more detailed information and guidance can be sourced.

Below are some of the new additions included;

LEAD WORKER REPRESENTATIVES

Whilst many employers will already have introduced one, the protocol sets down the requirement for a ‘Lead Worker Representative’ (LWR). The purpose of this role is to work closely with you as the employer and assist with the monitoring and implementation of the measures within the protocol. Communication within the workplace of who the designated LWR is, is important, as is ensuring that relevant training is provided.

SYMPTOMS

The Protocol updates the common symptoms to include the following;

• a fever (high temperature - 38 degrees Celsius or above).
• a new cough – which it now specifies can be any kind of cough, not just dry.
• shortness of breath or breathing difficulties.
• It also now includes loss or change in your sense of smell or taste – this means you’ve noticed you cannot smell or taste anything, or things smell or taste different to normal

SPREAD OF VIRUS

New information on how the virus is spread is detailed within the Protocol, highlighting that the virus can be spread on both surfaces where droplets have landed on them, as well as through airborne transmission, which can occur over a longer distance and persist for a longer time within a room. However, it notes that airborne transmission does not seem to have a major role in the spread of COVID-19. The importance of ventilation by keeping windows and doors open where possible is emphasised as a preventative measure.

Of note is that COVID-19 (coronavirus) can survive:

• up to 72 hours on plastic and stainless steel
• less than 4 hours on copper
• less than 24 hours on cardboard

IMPLEMENT CONTROL MEASURES

Employers are required to provide hand sanitisers (alcohol or non-alcohol based) where washing facilities cannot be accessed. The Protocol provides an appendix to guide employers in choosing a hand sanitiser.

RESPIRATORY HYGIENE

Employers should provide advice on good respiratory practice including the safe use, storage and disposal of face masks/coverings and the safe cleaning of face coverings and workers are required to adhere to them.

PHYSICAL DISTANCING

Working from home as much as possible is highlighted as part of the Physical Distancing measures advised.

With some employers confused around how to operate pods, the protocol provides an appendix which contains general advice in relation to the safe use of teams/pods.

In meetings employers should keep numbers to a minimum and must maintain physical distancing and proper ventilation at all times and avoid prolonged meetings, as attendees could be considered close contacts should an outbreak occur.

In situations where 2 metres cannot be observed and screens are being used, the protocol notes that screens do not need to be floor to ceiling but should be of an adequate height (e.g. cover a person in a standing position) and width to block the pathway from the nose and mouth to the face and workspace of the other persons. Screens may be fixed or mobile depending on requirements including emergency access and should be regularly cleaned.

PRE-RETURN TO WORK FORM

Employers should have implemented return to work forms in order to identify any employee who may be suffering with symptoms and to prevent the spread of COVID-19.

The Protocol recommends the questions employers should include on their return to work forms, including questions around whether they have symptoms, if they have been diagnosed with COVid-19 in the last 14 days, are they waiting on the results of a test, have they been in contact with a confirmed case, any advice they have received to restrict their movements and whether they have been advised to cocoon.

DEALING WITH A SUSPECTED CASE OF COVID-19 IN THE WORKPLACE

The key message remains that a worker should not attend work if they are displaying any signs or symptoms of COVID-19 or are feeling unwell.

However, while a worker should not attend work if displaying any symptoms of COVID-19, the protocol outlines the steps employers should put in place to deal with a suspected case that may arise during the course of work, including a defined response structure identifying the team responsible for responding to a suspected case, appointing a case manager, identifying an isolation area (with a closed door) in advance and the route to it should be accessible to all including those with disabilities, identify additional isolation areas in the event of multiple cases and plans for handling same.

RISK WORKERS

High risk and very high-risk workers are addressed in the Protocol. Whilst employers should enable workers to work from home where possible, for those who must attend the workplace, the employer is required to ensure they are supported, and physical distancing is maintained.

TRAFFIC LIGHT SYSTEM

An overview of the Travel Traffic Light System which was introduced on the 9th November has been covered within the Protocol.

CONTRACTORS AND VISITORS

Workers, contractors, and visitors where there are restrictions in place for COVID-19 should be required to follow any protocols in place and be mindful of the government guidelines to prevent the spread of COVID-19. Induction and training programs should be provided. The Health and Safety free online course can be used; https://www.hsa.ie/eng/topics/covid-19/covid-19_coronavirus.html

PERSONAL PROTECTIVE EQUIPMENT (PPE)

In the context of COVID-19 risk, employers should check the HPSC website regularly for updates regarding use of recommended PPE.

CUSTOMER FACING ROLES

Employers should implement and adopt public health regulations in relation to use of face coverings in shops, shopping centres and other indoor settings.

Masks should be provided to workers who need to interact with customers/others where a physical distance of 2 metres cannot be maintained.

COMMUNITY SETTINGS

Outside of work, workers should be encouraged to travel alone if using their cars to get to and from work. If this is not possible, workers travelling to/from work together should travel as a team/pod and use face coverings.

Those travelling on public transport to and from work must wear face coverings and follow physical distancing guidelines. In addition, workers who may share accommodation outside of work should be advised to adhere to public health and Government advice.

Outside of work, workers should practice the same IPC measures, physical distancing, hand washing and respiratory etiquette and adhere to the specific requirements of the Resilience and Recovery 2020-2021: Plan for Living with COVID-19 as announced by Government.

Ventilation means the movement of outdoor air into a building, and the circulation of that air within the building or room. This can be achieved through natural means (e.g. opening a window) or mechanical means (e.g. a central heating, ventilation, and air conditioning) which are defined within the Protocol.

The above is just a summary of some of the aspects which were new to the Protocol, however employers are encouraged to read the Protocol and to ensure to adjust their COVID 19 response plan to incorporate any new recommendations.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Suspension of Redundancy Rights Extension

Wed, 25 Nov 2020 16:36:08 GMT

Suspension of Redundancy Rights Extension

The Government has once again extended the measures introduced to protect employers during the Pandemic. The suspension on the rights of employee’s to claim redundancy whilst on lay-off or short-time working is set to continue until 31st March 2021 , which will come as a relief for many employers who have no choice but to continue to place their employee’s on lay-off or short-time working.

Should you have any questions please do not hesitate to contact us.

Dismissal During Probation

Thu, 19 Nov 2020 16:33:19 GMT

DISMISSAL DURING PROBATION

IS DISMISSAL DURING PROBATION REALLY AT THE EMPLOYER’S DISCRETION?

Employers would be aware that it is standard in Terms and Conditions of Employment to state that whilst a person is on probation, they are not subject to the terms of the Company disciplinary procedures. This clause was inserted because, in its absence, it has been argued in the past that a person on probation was subject to the disciplinary process which, of course, could extend beyond the probationary period. Thus, making termination of employment on grounds of suitability difficult within the twelve-month period thus falling under the Unfair Dismissals Acts.

However, it has become clearly established that any person is entitled to fair treatment when their employment is being terminated. In the recent decision of the Labour Court, LCR 22257, it stated “This Court has been clear and consistent in its view that workers on probation are entitled to the same fair processes that are applicable to workers with more than 12 months service with their employer, prior to any decision being taken to dismiss.

The Court is not satisfied that the worker in this case was afforded a fair process.” The Court awarded compensation of €5,000 to the employee concerned.

The Labour Court also awarded compensation of €18,000 in a case where an employee, who had successfully completed their probationary period, but had not completed 1 years’ service was terminated and again fair procedure had not been followed. (LCR22255)

This should be a salient reminder to all employers that they cannot terminate employment without any risk where the employee has less than one years’ service or is on Probation.

Any employer who is considering terminating a person’s employment should not make these decisions lightly. We recommend employers consider the process they follow and ensure they have treated the employee fairly. Such treatment includes making the person aware of any difficulties with their performance during their probationary period and that they could be dismissed if there was no improvement.

Only after having such discussions and there is no improvement, consider termination of employment. We would also recommend employers to make notations of any discussions regarding performance during a probationary period and not rely simply on verbal discussions which may have taken place during the course of a working day.

Finally, it should be noted that an employee should be advised, in advance of any such meeting that their employment may be terminated and that they may be accompanied by a work colleague or representative if they so wish.

Failure to do this will leave you exposed to claims and awards of compensation, and any decision appearing on the WRC and Labour Court website.

Should you require any further information or support please feel free to contact MSS, The HR People, and we will provide you with appropriate guidance on this or any additional matter in relation to Employment Law (01)8870690.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Working From Home - Challenges Facing Employers

Thu, 29 Oct 2020 16:22:36 GMT

WORKING FROM HOME- CHALLENGES FACING EMPLOYERS

Most employers have now implemented working from home arrangements to some degree, which they might not otherwise have done were it not for COVID-19 and the restrictions implemented. This has proven to be an insightful exercise for some employers and has demonstrated that the need to physically monitor employees is not at the level they may have once believed necessary and that, in some cases, employees are working better at home than in the work place because of fewer distractions.

With any new working arrangement, there will be teething problems, and employers and employees will be faced with fresh dilemmas as they venture into these uncharted waters. Here are some of the recent examples we have seen employers face;

COMMUNICATION

Some employers are reporting communication issues or delays when it comes to home working.

Employers should explain the importance and benefits of maintaining communication at the same standard as when employees were based within the workplace so as to avoid isolation and allow for cross fertilisation of views and learning through sharing information.

Incorporating this into company policies will ensure no employees feel that they are being left out or unsupported.

Communication is not just important for work matters; it is also important for team morale. Scheduling group meetings and encouraging communication will help employees continue to feel part of a team.

PERFORMANCE MANAGEMENT

Whilst many employees are hitting their targets and standards to the level required, it would be amiss to say that this is always the case.

So, what can employers do if they suspect an employee is not working to the standards expected at home?

It is important that employees understand what level of performance is expected of them. If performance issues arise, it is important to establish the root of the problem, just as you would when the employee is at work. Take time to speak with the employee about the issues that are concerning you and explore with him/her what steps might be taken or support is required to bridge the gaps.

Agree with the employee when might be a reasonable time to review the matters again and ensure to carry out a follow up review. Having tangible targets will help avoid any oversight of key issues. Remember, it may be beneficial sometimes to organise a physical meeting to discuss such issues rather than always remotely.

CHILD CARE

At this stage most creche’s and child minders are once again up and running, so there should be very few employees who are still struggling to get childcare in place. That being said, if employees are still experiencing this as an issue for them and so are juggling childcare whilst trying to work, employers have a couple of choices. Remind employees of their entitlement to family friendly entitlements such as Parental Leave, which is leave for the purpose of looking after children under the age of 12. However, this leave is unpaid leave, or Parents Leave, where the baby is less than a year, which is paid by the state.

There is no obligation on an employer to accommodate an employee who is unable to organise childcare or who is struggling to get their work done as a result, however, employers should behave responsibly and reasonably. Therefore, facilitating employees with a period of time to sort out alternative childcare would be advisable, albeit highlighting to the employee that the arrangement cannot be accommodated on a permanent basis and putting in place a deadline as to when the situation will need to be resolved.

Employers may also allow employees to use their annual leave or at the employer’s discretion to take unpaid leave.

WORKING FROM HOME ‘ABROAD’

As working from home becomes a new norm, talk of some employees selling their homes and moving to more affordable locations has started to stir. Some employees have also started to put forward the idea of moving abroad to work from home.

Employers need to consider these requests as there are some key factors to take into account;

Depending on how long the employee resides abroad, they may begin to accrue employment rights of that particular country and lose some of their entitlements in Ireland.

It is imperative that the employee and employer clearly agree in writing what are the key provisions of any working abroad arrangement.

Taxation and social insurance issues may also arise and employers would need to speak with their Tax Advisors prior to commencing any such arrangement.

Other factors to consider would include time zone differences and the impact that may or may not have on the employee’s ability to do the job effectively.

Consideration should be given to GDPR implications. Employers would also continue to have a duty of care to these workers and would need to ensure adequate communication so that the employee feels supported in their role, as well as risk assessments. Policies should clearly state whether such a practice is or is not permissible and employers should be consistent in their approach. Employers are advised to continually update their Working from Home policies, addressing any key areas that require clarification.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

New Restrictions

Mon, 19 Oct 2020 15:19:22 GMT

NEW RESTRICTIONS

With the Government likely to make the decision to implement tighter restrictions this evening, there is no doubt some businesses will, regrettably, be faced with closures, once again.

With this in mind, employers may have to make decisions affecting their employees and it is imperative that employers follow fair processes when doing so.

In the first instance, employers are reminded of the importance of issuing protective notice to employees, if they believe there is a potential for further lay-off or short-time working . In this regard, it is noteworthy that the suspension on applying to be made redundant if placed on lay-off or short-time working is still applicable and must be extended again to protect employers from a deluge of redundancy payment claims.

We would recommend that employers send protective notice immediately to all employees, either by general memo or on the internal notice boards.

However, if employers do not have the time to issue this in advance of the restrictions announced, once the details of the new measures are confirmed, all employees should receive formal notification of the lay-off or short-time working measures being implemented, including details of when they are coming into effect.

DO I PLACE EMPLOYEES WHO ARE ON THE EWSS ON LAY-OFF?

For employers who are on the EWSS scheme, employees continue to be employed and are not considered on lay-off even if they are not required to attend work.

Please note that failure to pay an employee their normal wages whilst on the EWSS could be deemed an unlawful deduction in wages unless there has been agreement to reduce their wage or the person has been placed on short-time working under provisions in the employees’ terms of employment or by agreement. For this reason, if an employer is not in a position to pay the employee their full wages during the period of furlough and are only able to pay the subsidy amount to the employee, then it is an option to place the employee on ‘short-time working’ and the employee may apply for the Short-Time Work Support through mywelfare.ie for the days they are not required to work.

DOES THE EWSS ALLOW EMPLOYERS TO PAY AN EMPLOYEE LESS THAN THEIR NORMAL SALARY?

If an employee is required to work, the employee remains entitled to be paid for the hours he/she actually works at their normal rate, regardless of whether the employer is availing of the subsidy or not.

IF A COMPANY CANNOT AFFORD TO PAY THE EMPLOYEE AND THEY DO NOT QUALIFY FOR THE EWSS, WHAT BENEFITS ARE THE EMPLOYEES ENTITLED TO?

They may be entitled to apply for the COVID-19 Pandemic Unemployment Payment and can apply at the following address; https://services.mywelfare.ie/en/topics/covid-19- payments/covid-19-pandemic-unemployment-payment/

To apply for any benefits online, employees will require a myGovID account, which can be set up here; https://bit.ly/2FKD1Ii

They will also be asked to provide personal details and their bank details when applying, as well as identification, their public service card, passport or driving licence and proof of their address-e.g. a utility bill or letter from a government department.

The COVID-19 Pandemic Unemployment Payment is paid in arrears, with the payment week running from Friday to Thursday.

Alternatively, employees who are on short-time working, may be entitled to claim Short-Time work support. Short-Time Work Support is a form of Jobseeker's Benefit and is an income support payment for people who have been temporarily placed on a shorter working week by their employer.

This payment is made in respect of the days of work that have been lost.

To qualify for Short-Time Work Support, you must be:

• temporarily working a standard reduced weekly work pattern

• working 3 days or less per week having previously worked full-time

• be under 66 years of age

• be capable of work and be available for full-time work

• have enough paid or credited social insurance (PRSI) contributions at class A, H, S or P

For further information in relation to lay-off, short-time working or redundancies, please contact MSS for advice.

This update is provided by the MSS HR Support Service.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

COVID-19 and Data Protection

Thu, 15 Oct 2020 15:16:08 GMT

COVID-19 and Data Protection

Some employers, despite protocols in place, are still uncertain as to whom, if anyone, they should contact in the event of a confirmed case of COVID-19. With all the different guidelines this is quite understandable.

If an employee advises you they have COVID-19, or symptoms, the first question you should ask them is have they contacted their General Practitioner and what were they advised. Secondly who have they been in close contact with at work. If this is at work they should be either sent to the isolation area in the premises or sent home immediately whilst they contact their doctor.

Close contact includes anyone who has been situated within 2 metres of another person for more than 15 minutes.

Can an employer notify their employees of a suspected/confirmed case?

Employers have a duty of care under the Safety, Health and Welfare Act to protect their employees. Therefore, there is a legal basis to process personal data, including health data, where is it deemed necessary and proportionate to do so.

According to the Data Protection Commission, “Measures taken in response to Coronavirus involving the use of personal data, including health data, should be necessary and proportionate. Decisions in this regard should be informed by the guidance and/or directions of public health authorities, or other relevant authorities”.

For this reason, we would recommend employers require their employees follow the guidance and/or directions of public health authorities/General Practitioners in relation to any contact tracing.

Any disclosure of the identity of affected individuals must be clearly justified.

Where advised an employee is positive, if possible, the employer should notify the close contacts identified, avoiding the disclosure of the relevant person and by simply advising the employee that they have been in contact with an individual who has been a confirmed case and they should be isolated and contacting their GP.

So, whilst there is some legal basis for processing personal data related to an employee’s health, disclosing of this information to other employees should be limited and proportionate in order to avoid a breach of GDPR.

Should Employers Require Workers To Get The Flu Vaccine?

Wed, 30 Sep 2020 15:13:27 GMT

Should Employers Require Workers To Get The Flu Vaccine?

Autumn is the time when employers and employees begin to worry that they are at risk of contracting the normal influenza infection.

Covid Employer protocols are likely to complicate things when employees develop symptoms similar to those of COVID-19, requiring isolation and testing. This is particularly concerning for those who are not in receipt of any sick pay from their employers, as inevitably they will suffer a loss.

SO, SHOULD EMPLOYERS BE REQUIRING EMPLOYEES TO GET THE VACCINE?

In the first instance, safe working procedures are an essential line of defence against infections. Employers fortunately should have in place Covid working Protocols which contain many measures to protect against cross infection. Regardless of this, this is a good time to carry out risk assessments again and ensure working practices are adequately controlled and safe. This will help to provide maximum protection against influenza.

Other steps might include, issuing health awareness leaflets and information to employees, encouraging healthy habits to help prevent the contraction of the normal influenza and making staff aware of the vaccination.

Employers cannot force workers to avail of a vaccination, however they can offer to pay for the vaccination where a person is not eligible for a free one.

In doing so, make sure sufficient information is provided to employees in relation to the benefits and drawbacks of any vaccination and the employee should be asked to sign a document accepting that the Company is not liable should the vaccination be ineffective or they suffer any side effects.

At the end of the day it is a personal choice for every person, but in these strange times, employers need to start thinking about their strategy when it comes to minimising the potential effect of the normal influenza and the damage that any related absences will have in the weeks and months ahead.

What Have The New Donegal Restrictions To Do With You?

Fri, 25 Sep 2020 15:11:06 GMT

What Have The New Donegal Restrictions To Do With You?

What have the recent announcements of Level 3 restrictions to do with employers, when it seems they are more community / home based infections?

Firstly, where there is any additional restriction imposed this means that some businesses have to restrict or close their activities.

Secondly, the risk of infection coming into the workplace grows.

Thirdly, it is clear that many infections are arising from people dropping their guard.

WHAT CAN EMPLOYERS DO ABOUT THIS?

There are clear protocols that should be in place when at work, but it is only natural that people are becoming complacent as they grow tired of all of this.

As an employer you should revisit all your practices and re-enforce the importance of complying with them – Do an audit with your worker representative of all the Protocols– remind all staff of the importance of certain behaviours.

If you encourage safe habits in the workplace, there is a greater chance that these habits will be maintained outside of work and in the home.

They are simple habits – Stay apart – Wash your hands regularly – Wear a mask to protect yourself and not infect others – be conscious that this infection recognises every opportunity.

Stay safe and keep your work colleagues, family, friends, and strangers safe.

Government Restrictions for Dublin

Mon, 21 Sep 2020 15:08:19 GMT

GOVERNMENT RESTRICTIONS FOR DUBLIN

Dublin has moved to Level 3, whilst the rest of the country has been placed on Level 2. Restrictions are once again put in place for workers in Dublin. The following are some initial considerations which employers will need to take account of;

WORKING FROM HOME

Employees will be required to work from home unless absolutely necessary to attend in person.

For many employers, working from home has continued throughout level 1 and 2 and so not much will change from their perspective. However, some employers will, once again, be required to ask workers to work from home.

In doing so, employers should ensure to give guidance to employees in relation to conducting risk assessments in relation to their work area, in line with the employer’s duty of care for the safety, health and welfare of their employees. Employers should be mindful of the impact of working from home again on some worker’s mental health and send out important reminders to staff in regards to any Employee Assistance Schemes or important contact details both internally within the Company and externally should they feel they require help.

LAY-OFF OR SHORT-TIME WORKING

Whilst we hope it will not be the case, employers should be ready for the possibility of further restrictions in the coming weeks and the impact that this may have on their business. Regrettably, some employers may once again be faced with the need to lay employees off or place them on short time working.

Should they wish to do so without the obligation to pay the employees, for the hours lost, there must be a relevant clause in their terms and conditions or have a previous practice of doing so. With that in mind, it is no harm for employers to now take the opportunity to review terms and conditions to ensure that the relevant clause is contained therein.

It is essential that employees are issued with Protective Notice as soon as reasonably practicable, advising of any possibility of lay-off or short-time working being introduced. If you are at risk then employers must ensure that staff are correctly notified of the specific measures if and when they are introduced, as soon as possible.

PANDEMIC UNEMPLOYMENT BENEFIT

Employers may want to highlight to employee’s that the Pandemic Unemployment Benefit continues to be available to all new entrants until December 2020.

THE NATIONAL WAGE SUBSIDY SCHEME

The National Wage Subsidy Scheme is also in place where an employee is being paid at least a gross wage of €151.50 a week which will be available to an employer if staff are either part time or placed on short time working.

SUSPENSION OF REDUNDANCY RIGHTS

The legislation on the rights of workers who are on lay-off or short-time working to claim redundancy, remains suspended until 30th November 2020.

REDUNDANCIES

Some employers have and may come to the unfortunate realisation that they no longer require certain employees, who are placed on lay-off, to return to the workplace and mistakenly believe that they can simply tell these employees that there is no more work. However, once an employee has obtained a years’ service with an employer, they are protected by the Unfair Dismissal Acts and therefore could take a claim against an employer for not following fair process and for unfairly (selecting) dismissing them. Such claims can result in awards of up to two years’ salary, dependent on loss of earnings.

It is for this reason that employers must ensure, if they are considering reducing their workforce, whether employees who are at work or are on lay-off or short time working, that fair process ensues.

For guidance and expertise on redundancy processes or any of the above, please contact the MSS HR Support team.

This update is provided by the MSS HR Support Service

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Guidelines on the Wage Subsidy Scheme (EWSS)

Tue, 25 Aug 2020 15:03:33 GMT

GUIDELINES ON THE EMPLOYMENT WAGE SUBSIDY SCHEME (EWSS)

Guidelines were released on the 14th August for the new Employment Wage Subsidy Scheme (EWSS), which is an economic support for businesses. There is a possibility there may be changed going forward and we will update you as soon as any are announced This scheme will run from the 1st September until the 31st March 2021.This scheme replaces the Temporary Wage Subsidy Scheme (TWSS) which ceases on 31 August 2020.

Eligible employers claiming TWSS in respect of eligible employees may continue to claim TWSS in respect of these employees for pay dates up to 31 August 2020. The following questions provide a summary of the key aspects of the new scheme and how it will operate;

When can I claim the EWSS for employees?

If on the TWSS from 1 September 2020.

What does the Scheme provide for?

The scheme has two elements:

• It provides a flat-rate subsidy based on the numbers of paid and eligible employees on the employer’s payroll; and

• It charges a reduced rate of employer PRSI of 0.5% on wages paid which are eligible for the subsidy payment.

Does the EWSS impact employee entitlements or the employment contract?

The scheme does not affect any legal obligations that the employer may have to their employee as regards any terms, conditions or employment entitlements.

How will the scheme be administered?

Like the TWSS it will be administered by Revenue on a “self-assessment” basis. Proof of eligibility will not be sought at the registration stage. Revenue will review eligibility in the future, based on risk criteria. Employers should ensure to retain their evidence/basis for entering and remaining in the scheme.

When and how will the subsidy be paid?

Unlike the TWSS the subsidy will be paid by credit transfer directly to the employer, once a month in arrears, as soon as practicable after the 14th of the following month (Return due Date).

What do employers require in order to be eligible?

Tax Clearance

Employers must possess a valid tax clearance certificate to enter the EWSS and maintain tax clearance for the duration of the scheme, provided all other conditions are met. Employers can check their current tax clearance status through ROS. Further information can be found at

https://www.revenue.ie/en/onlineservices/services/manage-your-record/apply-for-tax-clearance-online-using-etc.aspx

In addition, for the duration of the scheme, an employer must be able to demonstrate that:

• their business is expected to experience a 30% reduction in turnover or orders between 1 July and 31 December 2020 looking at the period as whole rather than on a monthly basis; and

• this disruption is caused by COVID-19.

This reduction in turnover/orders is relative to;

• the same period in 2019 where the business was in existence prior to 1 July 2019; or

• where the business commenced between 1 July and 1 November 2019, the date of commencement to 31 December 2019; or

• where a business commenced after 1 November 2019, the projected turnover or orders for 1 July 2020 to 31st December 2020.

Subsidies received are taxed on the employers, as part of their trading income, but are ignored in the calculation of the 30% reduction in turnover.

How does the Self-Assessment work?

Employers must undertake a review on the last day of every month (other than July 2020 and the final month of the scheme) to ensure that they continue to meet the above eligibility criteria.

When undertaking a review employers need to include all sources of trade income specifically including sales, donations, State Funding etc.

What do employers do if they no longer qualify?

They must deregister for EWSS through ROS with effect from the following day (that being the 1st of the month) and cease claiming the subsidy.

If an employer becomes aware prior to the end of the month that they will no longer meet the eligibility criteria (e.g. unexpected donation or grant received at the start of a month), they should deregister immediately and cease to claim subsidies.

Employers will not be required to repay subsidies that were correctly claimed prior to deregistration.

Can I reregister after being deemed ineligible?

If circumstances change and the employer is again eligible, they can reregister and claim from the date of reregistration.
It is not possible to backdate the claim to include the period of deregistration.

Who is an eligible employee?

Eligible employees include;

Employees who are on the payroll and in receipt of gross wages of between € 151.50 and € 1,462 per week during the period of the scheme (1 September 2020 to 31 March 2021).

There are no restrictions on taking on new employees or movement of employees under the Transfer of Undertakings (Protection of Employment) (TUPE) legislation, provided such recruitments/movements are undertaken for legitimate business purposes and not with the intention to maximise subsidy claims.

Certain categories of employees are specifically excluded in legislation, those being:

• Proprietary Directors. However, there may be exceptions for some proprietary directors, details of which will be provided in due course.

• Connected Parties who were not on the payroll and paid at any time between 1 July 2019 and 30 June 2020. (Connected parties include brothers, sisters, linear ancestors, linear descendants, aunts, uncles, nieces, nephews of an individual and their spouse.)

A person is connected to a company if they alone or together with their connected parties can exercise or acquire control of more than 50% of the issued share capital or voting rights, the greater part of distributions, or the greater parts of assets distributed on winding up.

Additional employees for whom subsidy should not be claimed include:

• employees working in a business division or related group entity not expected to suffer a 30% reduction.

• employees employed otherwise than as part of a business e.g. domestic employees such as childminders, housekeepers, gardeners etc.

Safeguards will be included to minimise abuse.

What is the weekly subsidy rate?

The rate of weekly subsidy the employer will receive per paid eligible employee is as follows:

Employee Gross Weekly Wages Subsidy Payable

Less than €150.50 Nil

From €151.50 to €202.99 €151.50

rom €203 to €1462 €203.00

More than €1462 Nil

For pay periods other than weekly, gross weekly wage will be calculated by dividing the returned gross wage by the number of insurable weeks included (subject to maximum divisors set by the system).

Gross wage, as reported on the payroll submission, includes notional pay and is before deduction of items such as pensions and salary sacrifice.

It excludes any DEASP benefits which employees may have mandated to be paid to the employer (e.g. illness/maternity/adoptive, etc.). Such monies should continue to be included in non-taxable pay as normal and are ignored when calculating the amount of the subsidy to be paid.

Can employer’s claim monthly subsidy payments?

In order to provide monthly subsidy payments to employers, EWSS can only be claimed in respect of payroll submissions of at least a monthly pay frequency i.e. quarterly/yearly/biyearly/other claims will not be processed.

How does the Registration Process work?

A new registration process needs to be followed for EWSS.

Employers must file their payroll submissions electronically through Revenue Online Service (ROS).

Eligible employers will be able to register for EWSS through ROS from 18th August. The date of registration cannot be back dated prior to the date of application and does not need to be back dated if a claim will be submitted in respect of payments in July/August.

Employers will be required to declare that they are eligible for the Employment Wage Subsidy Scheme and that they agree to the Terms and Conditions of the scheme and are aware of the consequences of non-compliance.

Registration applications will only be processed if the employer is registered for PAYE/PRSI as an employer, has a bank account linked to that registration, and has tax clearance.

Where an employer files an EWSS payment submission without first registering for EWSS, it will be rejected in full.

As registration cannot be backdated, its imperative registration is undertaken prior to the first pay date in respect of which EWSS is being claimed.

How will the subsidy operate for payroll purposes?

EWSS will re-establish the normal requirement to operate PAYE and normal PRSI on all payments. This includes the regular deduction and remittance of income tax, USC and PRSI at the normal rates.

Employer PRSI will be reduced to 0.5% in respect of employees for whom a subsidy is payable.

Employers will continue to operate payroll as normal and report employer and employee PRSI deductions based on the employee’s appropriate existing PRSI classes.

The employer must include ‘EWSS’ as the payment type in the ‘Other Payments’ section on the payroll submission and input the digit zero or one cent as the amount of other payment made.

Employers should not include the EWSS ‘Other Payment’ details on the payslip they provide to the employee. Where an employer makes a submission to Revenue with ‘EWSS’ included in the other payment field for employees who are not eligible for a subsidy, a message will issue through ROS upon submission requesting that this does not occur in the future.

Such payslips will also not be eligible for the reduced rate of PRSI and will be excluded from the PRSI credit calculation. On receipt of an eligible EWSS payroll submission from a registered employer, Revenue will calculate the subsidy payable by reference to the gross wage, pay frequency and insurable weeks reported on the payslip.

If an employer does not have tax clearance on the return due date, their subsidy payment will not be processed and once they have obtained tax clearance, they will need to contact the National Employers Helpline to request that the refund issue.

Employers are required to make submissions to Revenue by the pay date. To avoid any delay in payment of subsidy to an employer or posting of the employer PRSI credit, submissions need to be made by the return filing date of the relevant month e.g. September pay dates need to be filed by 14 October to be included in the October payment. Any amendments or submission of EWSS payroll after the return due date will be subject to a review by Revenue which will unavoidably lead to a delay in payment.

How will the subsidy be processed by Revenue?

At the end of every month, Revenue will process the payroll submitted and post a statement into the ROS inbox of employers by the 5th of the following month, setting out the amount of subsidy due to be paid to the employer. This will allow time for necessary amendments to be made, prior to the return filing date.

After the return due date, the system will process the claim and make the payment into the designated bank account as soon as practicable thereafter.

How will the Reduced Employer PRSI rate of 0.5% be processed?

As employer’s PRSI in their payroll submission will be at a higher rate than the 0.5% available under the scheme, Revenue will calculate a PRSI ‘credit ’due to the employer by recalculating employer PRSI using the scheme rate of 0.5% (where employer PRSI returned is more than 0.5%) and subtracting this from employer PRSI due as reported in the submission.

On the 14th of the following month (Return due Date), Revenue will post the PRSI ‘credit ’ that is due and payable for that month to the employer’s monthly payroll return, reducing the overall payroll taxes balance due.

To avoid any delay in posting the employer PRSI credit, submissions need to be made by the return filing date of the relevant month e.g. September pay dates need to be filed by 14 October to be included in the October calculation. Any amendments or submission of EWSS payroll after the return due date will be subject to a review by Revenue which will unavoidably lead to a delay in the posting of the credit.

Can I claim subsidy for employees who were ineligible for the TWSS during July and August?

In recognition of the exclusion from TWSS of new entities, seasonal employees and new hires, EWSS eligible employers, in respect of eligible employees, can backdate a claim for EWSS to 1 July 2020 in certain limited circumstances as follows:

• The employer was not eligible for TWSS; or

• employees who were not eligible for TWSS. (Employees were excluded from the TWSS because their net wages exceeded the tapered amounts allowed under the scheme, are not eligible)

These will be dealt with as part of a ‘sweepback ’with payment made in September.

How to make claims for July/August?

• Before 5 September, employers will electronically provide required information including; employee name, PPSN, employment ID, payment frequency, insurable weeks, commencement date, etc., using a template which will be available on revenue.ie in late August,

• Revenue will upload this information and calculate the total subsidy due to be paid.

• The subsidy will be paid into the designated bank account as soon as practicable after 14 September.

• No additional submissions or amendments will be processed on or after 14 September in respect of July/August.

The reduced rate of employers PRSI of 0.5% is also applicable to eligible payments in July and August 2020. Revenue will calculate the difference between the employer PRSI returned and 0.5% and overnight on 14 September, will credit any excess.

Will compliance checks will be carried out?

To ensure compliance, Revenue will undertake assurance checks in relation to the scheme.

What records are required?

All records relating to the operation of the scheme must be retained by employers, specifically including those supporting the expectation that turnover or customer orders will reduce by the requisite 30%, together with details of the monthly reviews that must be undertaken.

What if an employee has two employers?

Some employees have more than one employment with more than one eligible employer.

In such instances, each employer makes its own claim (where appropriate) for the employee.

Where employees are included in more than one payroll by an employer (e.g. on a weekly payroll for wages and monthly payroll for bonuses), subsidy entitlement must be calculated by aggregating monies paid under both payrolls.

Where additional payments are being made for the same payment date whereby two payslips are being processed for the same pay date, these also must be aggregated when calculating subsidy entitlement.

Debt Warehousing

Under the Financial Provision (Covid-19) (No.2) Act 2020, debt associated with the COVID-19 crisis may be deferred or ‘warehoused’.

The scheme allows for the deferral of unpaid VAT and PAYE (Employers) debts arising from the COVID-19 crisis for a period of 12 months after a business resumes trading.

The debts will be addressed by way of a phased payment arrangement at a lower interest rate of 3% per annum which represent a significant reduction from the standard rate of 8% or 10% per annum depending on the particular tax owed.

The period covered by the debt warehousing scheme is the time during which the business was and is unable to trade due to the COVID-19 related restrictions and includes two months after the business re-commences trading.

The Act also introduced a reduced interest rate of 3% per annum to apply to tax debts that cannot be warehoused, i.e. older debts not associated with COVID-19.

The reduced rate is available across all tax types where the agreement is made by 30 September and applies from the date of the agreement.

Businesses with warehoused debts or debts covered by a Phased Payment Arrangement (PPA) can, provided all other conditions are met, participate in the EWSS. Further information on the above initiatives can be found at;

https://www.revenue.ie/en/corporate/communications/documents/debt-warehousingreduced-interest-measures.pdf

Revenue recommends that employers engage with these initiatives as soon as possible by making contact with the Collector General’s Division to ensure they have all returns filed and payment arrangements in place. Once this is done, tax clearance should be applied for through ROS.

This is required to facilitate registration for EWSS and timely receipt of subsidies.

Full details of the guidelines released are available on the revenue website;

https://www.revenue.ie/en/corporate/communications/documents/ewss-guidelines.pdf

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

The Employment Wage Subsidy Scheme

Fri, 31 Jul 2020 14:53:57 GMT

THE EMPLOYMENT WAGE SUBSIDY SCHEME

The new Employment Wage Subsidy Scheme (EWSS) comes into effect from the 31st July 2020 and is the successor to the Temporary Wage Subsidy Scheme (TWSS), which will cease on the 31st August 2020. This business support focuses primarily on business eligibility and unlike the TWSS, provides a flat-rate subsidy to qualifying employers based on the numbers of paid and eligible employees on the employer’s payroll.

This scheme is expected to continue until 31 March 2021. Between the 31st July and the 1st September 2020 both schemes will run in parallel and any person entered into a scheme after the 31st July will have to qualify under the EWSS.

Based on the legislation as published, key features of the EWSS are set out below. The legislation has not yet been signed into law but is expected to be shortly.

QUALIFYING CRITERIA FOR EMPLOYERS

The scheme will apply to businesses who are employers who, because of Covid-19 related restrictions, are unable to pay their liabilities and who have filed all required PAYE, VAT and employment contributions returns.

To qualify for the scheme, a Company must be able to demonstrate that:

• the business will experience a 30% reduction in turnover or orders between 1 July and 31 December 2020
and
• this disruption is caused by COVID-19.
This reduction in turnover or orders is relative to:
• the same period in 2019 where the business was in existence prior to 1 July 2019
• the date of commencement to 31 December 2019
• or
• where a business commenced after 1 November 2019, the projected turnover or orders.

A company will be required to undertake a review on the last day of every month to ensure it continues to meet the above eligibility criteria. If it no longer qualifies, it should deregister for the EWSS with effect from the following day (that being the 1st of the month).

CHILDCARE BUSINESSES

Childcare businesses registered in accordance with Section 58C of the Child Care Act 1991 are also included in the scheme.
ELIGIBLE EMPLOYEES The scheme is expected to be open to all sectors and both new hires and seasonal staff will be eligible –such employees were previously outside of the scope of the TWSS. Certain categories of employees are currently to be excluded (such as proprietary Directors and connected people who have not received emoluments during the period March 2020 to 30th June 2020). Safeguards will be included to minimise abuse.

The scheme will be administered by Revenue on a 'self-assessment' basis. The EWSS will re-establish the normal requirement to operate PAYE on all payments. This includes the regular deduction and remittance of income tax, USC and employee PRSI.

From 31 July:
• TWSS employers can claim for non-TWSS employees (new hires) under the new EWSS.
• Non-TWSS employers, who have not previously availed of TWSS, will only be eligible to apply for the EWSS.
• TWSS employers will still be able to rehire eligible employees and continue to operate TWSS to 31 August 2020.

SUBSIDY SUPPORT

The level of subsidy the employer will receive is per paid employee:

Level of subsidy the employer will receive is per paid employee:

Employee Gross Weekly Wages Subsidy Payable

Less than € 151.50 Nil

From € 151.50 to € 202.99 €151.50

More than € 203 and less than € 1,462 €203.00

More than € 1,462 Nil

This support will be backdated to 1 July for employees of qualifying employers who did not qualify for TWSS.

PRSI

A 0.5% rate of employers PRSI will continue to apply for employments that are eligible for the subsidy.

Publication

In line with international practice a list of employers availing of EWSS will be published in January 2021 and April 2021 to www.revenue.ie.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Non-Essential Travel

Mon, 27 Jul 2020 14:44:08 GMT

NON-ESSENTIAL TRAVEL

On 21st July the Department of Foreign Affairs published an important travel advisory update in relation to Covid-19 which included the much anticipated ‘Green List’ of countries that have low levels of Covid-19, similar to or below that of Ireland.

Whilst there has been much confusion surrounding this list, we now finally have some clarity on what it means.

Most importantly, it remains the guidance of the Government, that the pandemic is not over and the that the safest thing is to avoid ‘non-essential travel’ overseas.

This list means that anyone travelling to Ireland from a ‘Green List’ location, will no longer have to restrict their movements for 14 days on arrival. However, this list will be reviewed every fortnight.

These ‘Green List’ locations are:

• Cyprus
• Estonia
• Finland
• Gibraltar
• Greece
• Greenland
• Hungary
• Italy
• Latvia
• Lithuania
• Malta
• Norway
• Monaco
• San Marino
• Slovakia

The list does not include Great Britain; however, Northern Ireland is exempt from any travel restrictions. It is also important to note that the advice remains to avoid travel by cruise ship even in countries on the ‘Green List’.

GUIDANCE FOR EMPLOYERS ON TRAVEL ABROAD

Whilst the guidance from the Government remains for all Irish Citizens and Residents to avoid unnecessary travel, it is possible that more employees will now be considering travel abroad.

In the first instance, it is important that employers communicate their Company policies in relation to the international travel of its employees. Therefore, we would recommend that employers send a notification to all staff outlining their policy and procedure in that regard.

Such a policy should inform employees that upon receipt of annual leave requests, the company will ask them to disclose if and to where they intend to travel, if abroad during their annual leave.

TRAVELLING FROM COUNTRIES NOT ON THE “GREEN LIST”

The Covid rating for all other locations which are not on the ‘Green List’ remains unchanged at either to ‘avoid non-essential travel’ (“orange”) or to ‘do not travel’ (“red”). Therefore, citizens and residents returning to Ireland from these countries will be required to restrict their movements for 14 days.

Restricting movements means staying indoors in one location and avoiding contact with other people and social situations as much as possible.

Employers will naturally be concerned about the level of disruption that the 14 days isolation period could cause for their business and operations if employees choose to travel abroad to countries not on the ‘Green List’.

It should be made clear to employees that if they are requesting annual leave for travel to countries which are not on the ‘Green List’, that in addition to the normal considerations with regard to accommodating the period of annual leave i.e. operational considerations, the need for rest and recreation or to reconcile family responsibilities, consideration will also have to be given as to whether the company is in a position to facilitate the 14 days isolation period on their return.

Employees should be reminded that the Company must maintain a certain level of staff in order to sustain its operations, therefore it may not always be possible to authorise annual leave that will require an isolation period thereafter.

In circumstances where annual leave for non-essential foreign travel to countries not on the ‘Green List’ is authorised, employees should be reminded that they must restrict their movements for 14 days on return, if still required at that time, and that they must not return to work during this period. They should also be informed of how this 14-day period will be treated for pay purposes. In particular, employers may wish to advise them that additional annual leave or pre-authorised unpaid leave should be used to cover this 14-day period.

TRAVELLING FROM COUNTRIES ON THE ‘GREEN LIST’

Employees travelling to locations on the ‘Green List’ should be advised that they must still follow the public health guidelines of the local health authorities and to continue practicing physical distancing measures, hand hygiene and respiratory etiquette etc.

We are also mindful that the list is to be reviewed every two weeks, which means that changes could be made whilst employees are travelling to these countries that could result in isolation periods being re-introduced on their return or employees could be subject to travel restrictions due to new measures introduced in the countries themselves. Therefore it should be made clear to employees that should they be unable to return as a result of restrictions introduced by the country that they have travelled to, how this period of leave will be treated and whether additional annual leave or unpaid leave will be provided during this period.

RETURN TO WORK PROTOCOLS

It is recommended that regardless of whether an employee is travelling during their Annual Leave or not, that return to work protocols should be in place for all employees following return from annual leave, wherein they are once again requested to confirm whether they have travelled abroad and to where, if they are suffering from symptoms and if they have been in contact with any confirmed cases of COVID.

Finally, all employees should be advised that when on leave they should comply with normal distancing and other Covid guidelines to minimise the risk of infection or spreading the virus.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Protected Leave and The Wage Subsidy Scheme (TWSS)

Wed, 10 Jun 2020 14:40:54 GMT

EMPLOYER UPDATE

TEMPORARY WAGE SUBSIDY SCHEME

MATERNITY RELATED AND OTHER PROTECTED BENEFITS

Over recent weeks it has been identified that the TWSS was unable to recognise persons on Protected leave who were not paid within the pay periods used for assessment. This has now been addressed on the 8th June. The changes are detailed below:

INCLUSION FOR BENEFIT

Where an employee returning to work after Maternity, Adoptive, Paternity or Parental leave, or directly related unpaid leave, or having received Health and Safety, Parent's or Illness benefit, it is understood that in some cases their income during the pay periods used for assessment, may have only consisted of the relevant benefit paid directly by DEASP, or may have been nil, where the employee, was on unpaid leave. As a result, the employee may not have been on the payroll on the 29 February, or been paid in January or February 2020 and, consequently, either did not qualify for the TWSS or qualified for a reduced subsidy.

WHAT CAN AN EMPLOYER APPLY FOR?

An eligible employer can request Revenue to treat an employee as an eligible employee for the purposes of this scheme where that employee returns (or is due to return in the coming weeks) to employment following; Maternity, Adoptive, Paternity or Parental leave, or directly related unpaid leave, or having been in receipt of Health and Safety, Parent's, or Illness benefit paid by DEASP for the month of February 2020.

An eligible employer wishing to include these employees in the scheme must make a request to include that employee in the scheme and provide details to Revenue through ROS MyEnquiries.

As part of the process the employer will confirm that the employee has returned to employment and, for the month of February 2020, was on Maternity, Adoptive, Paternity or Parental leave, or directly related unpaid leave, or was in receipt of Health and Safety, Parent's or Illness benefit.

WHAT WILL REVENUE PAY?

On receipt of each request, Revenue will check DEASP data to ensure that the employee was in receipt of Maternity, Adoptive, Paternity, Health and Safety, Parent's or Illness benefit payments or was off the payroll after receiving such benefits, whether the employee has returned to work and, also previous payroll submissions to ensure previous gross pay is comparable with that declared in the downloadable form by the employer. Revenue will determine a “Calculated Revenue Net Weekly Pay” (CRNWP) for each employee concerned. This is equivalent to the Average Revenue Net Weekly Pay (ARNWP) used in TWSS.

Using the CRNWP, Revenue will calculate the relevant employee’s Maximum Weekly Wage Subsidy (MWWS) and will provide this, along with other necessary information, to the employer.

MULTIPLE EMPLOYMENTS

Where a returning employee has more than one employment, Revenue will calculate the CRNWP at employment and employee level and provide information to each employer on the MWWS applicable for that employment. The subsidy will be backdated to the date of recommencement of employment or from 26 March 2020, whichever is the latest date.

EMPLOYEES RETURNING FROM LAY-OFF

In the case of individuals who had been in receipt of the Pandemic Unemployment Payment (PUP), no retrospection will apply for the periods the individuals had been in receipt of these income support payments. However, a subsidy may be included in future wage payments during the period of the scheme if the employee is no longer in receipt of PUP and has returned to employment.

Where a person has been paid their full pay and benefit entitlements while absent, the employer does not have to apply as, in these cases, full payroll details for this employee for January and February 2020 are available and these employees are already eligible for the scheme.

Revenue have stated that they will make best efforts to process applications for employees under these arrangements within a matter of days, with a view to finalising any claims for the employer’s next payroll run. Refunds in respect of previous pay dates will take longer to process and are expected to take a number of weeks.

More detailed information can obtained from: https://www.revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-twss.pdf

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

COVID Documentation

Tue, 19 May 2020 14:37:05 GMT

EMPLOYEE PROTOCOL

THE RETURN TO WORK PROTOCOL

Following the guidelines introduced within the Government’s Return to Work Protocol (RTWP), we have put together the attached ‘Employee Protocol’, which we hope will act as a starting point for employers when putting sufficient measures in place. This document is aimed at helping you to best prepare your workplaces and your employees for a safe return, as set down in the Protocol.

Businesses will of course need to edit this document accordingly to reflect their specific arrangements and measures in place, which should be closely linked to their risk assessments and any other steps taken.

Along with any other measures deemed necessary following your risk assessments, we would recommend that employees are carefully taken through the Handbook once adjusted to suit your business needs and existing policies. You should ensure that as much as reasonably practicable employees understand what is covered within, including those for whom English is perhaps not their first language, as per the requirement under the Safety, Health and Welfare At Work Act 2005.

Once understood, it is recommended that employees confirm by signing the confirmation sheet, that they have understood the measures outlined within and agree to adhere to them.

Should an employee have any concerns regarding the document or measures in place, it is advisable to listen to the concerns raised and to explain and reassure the employee where necessary to help alleviate any anxiety or uncertainty that may exist.

Employers are reminded that this document is merely a guide as to the steps that can be taken, and that they should seek guidance and assistance from their designated Health and Safety Advisors as appropriate.

WORKING FROM HOME

With the new protocol requiring the continuation of remote working for the coming months, policies and procedures on Working from Home should be reviewed. In line with this, we have attached a sample policy and documentation which employers can adapt accordingly to suit their own business operation.

Relevant Documentation:

This update is provided by the MSS HR Support Service

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED FROM:

JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690

Return to Work Safely Protocol

Wed, 13 May 2020 14:32:56 GMT

EMPLOYER UPDATE

Return to Work Safely Protocol

As we move towards the next phase in the Roadmap for re-opening the economy, the Government has drawn up a mandatory return to work protocol to facilitate a safe return to work.

The Return to Work Safely Protocol, incorporates current advice about measures to reduce the spread of COVID-19. As the advice issued by the National Public Health Emergency Team (NPHET) continues to evolve, it should be noted that this Protocol is subject to change. This Protocol is a general document applicable to all industry sectors and this Employer Update is a summary of the document issued on the 8th May. Employers and workers have a shared responsibility to implement the measures contained in the protocol in their place of work.

Communication and Training
• Every workplace will need to have at least one worker representative in place to address the COVID-19 requirements, who will be clearly identifiable and will receive the relevant and necessary training.
• This representative can be an existing safety person or be chosen by the employees
• Employers will have regular meetings with the worker representative(s) and will consult on safety measures to be implemented in the workplace.
• The employer should use an appointed occupational Safety and Health Officer or an external competent person to ensure the effective implementation of infection prevention and control measures in the workplace.
• Information and guidance should be provided to workers, about COVID-19, how it spreads, cleaning routines, waste disposal, hand and respiratory hygiene,
physical distancing, use of Personal Protection Equipment (PPE) and work equipment, where relevant.
• Employers will be required to provide COVID-19 induction training for all workers.

Identify and isolate workers who may have symptoms of COVID-19

The prompt identification and isolation of potentially infectious individuals is a crucial step in protection.

Employers must:

• keep a log of contacts/group work, to facilitate contact tracing.
• inform workers and others of the purpose of the log.
• display information on symptoms of COVID-19.
• provide up to date information on the Public Health advice issued by the HSE and Gov.ie. The worker representative(s)
should be involved in communicating this advice in the workplace.
• instruct everyone on steps to follow if they develop signs and symptoms of COVID-19.

Workers should:

• make themselves aware of the signs and symptoms of COVID-19 and monitor their own wellbeing.
• self-isolate at home and contact their GP promptly for further advice if they display any signs or symptoms.
• report to managers immediately if any symptoms develop whilst at work.
Workplace Changes or Policies

Employers should:

• communicate sick leave policies and amend as appropriate in line with normal procedures.
• agree through negotiation with workers/Trade Unions any temporary restructuring of work patterns required to implement prevention measures in the workplace, taking into account sectoral agreements in place.

Prevention and Control Measures

Pre-return form: At least three days before returning to work, a pre-return to work procedure and form ( attached ) should be put in place and completed by both employers and workers.

Employers must:

provide induction training for all workers which, at a minimum, includes: -

• the latest up to-date guidance:
• what a worker should do if they develop symptoms of COVID-19;
• details of how the workplace has been organised;
• an outline of the COVID-19 response plan;
• identification of worker and employer contacts;
• any other sector specific advice that is relevant;
• put in place controls identified in the risk assessment to prevent a spread of COVID-19;
• implement temperature testing in line with Public Health advice.
• identify the team(s) responsible for responding to a suspected case
• appoint an appropriate manager(s) for dealing with suspected cases.
• designate an isolation area and the route to the designated area, which should be easily accessible and as far as is reasonably practicable accessible by people with disabilities.
• plan for the possibility of one or more persons displaying signs and have additional isolation areas identified or a contingency plan for dealing with same.
• ensure the designated area can isolate the person behind a closed-door or be in an area away from other workers.
• provide as is reasonably practicable:
• Ventilation, i.e. via a window,
• Tissues, hand sanitiser, disinfectant
and/or wipes,
• PPE; gloves, masks,
• Clinical waste bag
When accompanying an individual to the designated isolation area:
• maintain social distancing of at least 2 metres from the symptomatic person at all times.
• provide a mask for the person presenting with symptoms
• assess whether the unwell individual can immediately be directed to go home and call their doctor and continue self-isolation at home.
• facilitate the person presenting with symptoms remaining in isolation if
necessary until they go home and/or facilitate them calling their doctor.
• the worker shall avoid touching people, surfaces and objects, cover their mouth and nose with the disposable tissue provided when they cough or sneeze and put the tissue in a waste bag.
• arrange non-public transport home or to hospital for medical assessment if necessary.
• carry out an assessment of the incident which will form part of determining follow-up actions and recovery.
• arrange for appropriate cleaning of the isolation area and work areas involved.
• provide advice and assistance if contacted by the HSE.

Workers will:

• complete and return the Pre-Return to Work form three days before they return to work.
• inform their employer if there are any other circumstances relating to COVID-19, not included in the form, which may need to be disclosed to allow their safe return to work.
• self-isolate at home and contact their GP promptly for further advice if they have any COVID-19 symptoms.
• stay out of work until all symptoms have cleared following self-isolation.
• participate in any induction training provided by the employer.
• complete any temperature testing as implemented by the employer and in line with Public Health advice.

Hand Hygiene

Employers must:

• ensure that appropriate hygiene facilities are in place to accommodate workers adhering to hand hygiene measures.
• make available advice and training on how to perform hand hygiene effectively:
• display posters on how to wash hands in appropriate locations.

Workers must:

• ensure they are familiar with and follow hand hygiene guidance and advice.
• wash their hands with soap and water or with an alcohol-based hand rub regularly and in particular: -
- after coughing and sneezing,
- before and after eating and preparing food,
- if in contact with someone who is
- displaying any symptoms,
- before and after being on public transport,
- before and after being in a crowd,
- when arriving and leaving the
workplace/other sites,
- before having a cigarette or vaping,
- when hands are dirty,
- after toilet use.
• avoid touching eyes, mouth, or nose.
• use the facilities to support hand hygiene (for example hand sanitiser/hand wipes/hand washing facilities).
• not share objects that touch their mouth, for example, bottles or cups.
• use own pens.

Respiratory Hygiene

Good respiratory hygiene and etiquette is also necessary.

Employers must:

• provide tissues as well as bins/bags for their disposal.
• empty bins at regular intervals.
• provide advice on good respiratory practice.

Workers must:

• adopt good respiratory hygiene and cough etiquette.
• ensure they are familiar with and follow respiratory hygiene guidance.

Physical Distancing

The current recommended distance to be maintained between people to minimise risk of transmission is 2 metres.

Employers must:

provide for physical distancing across all work activities and this may be achieved in a number of ways:
• implement a no hand shaking policy,
• where office work is essential, work must be organised in such a way that multiple occupancy of office premises is avoided and/or physical distances are maintained,
• organise workers into as small as is reasonably practicable teams who consistently work and take breaks together.
• organise breaks in such a way as to facilitate maintenance of physical distancing during breaks, stagger canteen use, extend serving times, reduce cash transactions
• reorganise and rearrange working and break areas.
• consider closing canteen facilities if public health measures including social distancing cannot be facilitated.
• allocate specific times for collections, appointments and deliverables,
• conduct meetings as much as possible using online remote means. If face to face meetings, the length and numbers attending should be kept to a minimum and maintain physical distancing at all times,
• provide one-way systems for access/egress routes in the workplace where practicable,
• adapt existing sign-in/sign-out measures and systems e.g. biometrics/turnstiles, to ensure that physical distancing can be maintained,
• ensure workers who share collective accommodation at a place of work are grouped in fixed teams that are as small as is reasonably practicable and consist of individuals who also work together.
• As far as is reasonably practicable,
each team should be provided with their own communal facilities (washrooms, kitchens and communal rooms). If this is not possible, employers should implement phased use and an enhanced cleaning regime.
• accommodation must be regularly cleaned and ventilated either manually (by opening windows and doors) or mechanically.
• sleeping accommodation should normally be occupied singly.
• additional rooms must be provided for early isolation of infected persons.
• prevent gatherings of workers in the workplace at the beginning and end of working hours.
• implement physical distancing during any outdoor work activity.
• for outdoor work activities, facilities for frequent hand hygiene should be provided and should be located close to where workers are working.
• install physical barriers, such as clear plastic sneeze guards between workers,
• maintain at least a distance of 1 metre or as much distance as is reasonably practicable,
• where 2 metre worker separation cannot be ensured by organisational means, alternative protective measures should be put in place,
• make face masks available to the worker in line with Public Health advice.

Working from Home;

Office work should continue to be carried out at home, where practicable and non-essential work.
The employer should develop and consult on any working from home policy in conjunction with workers and/or Trade Unions. Advice on working from home on a temporary basis is available
from the Health and Safety Authority.

At Risk/Vulnerable Workers

If an at risk or vulnerable worker cannot work from home and must be in the workplace, employers must make sure that they are preferentially supported to maintain a physical distance of 2 metres.

Business Travel, Contractors and Visitors

• Business trips and face-to-face interactions should be reduced to the absolute minimum.
• For necessary work-related trips, the use of the same vehicles by multiple workers is not encouraged. The number of workers who share a vehicle, simultaneously or consecutively, should be kept to a minimum as far is as reasonably practicable, for example by assigning a vehicle to a fixed team.
• Workers should be encouraged to travel alone or at a maximum be accompanied by one passenger who shall be seated in adherence with physical distancing guidance.
• Workers should be provided with hand sanitisers and cleaning equipment for their work vehicle.
• Workers, contractors or visitors visiting workplaces where there are restrictions should follow the site infection prevention and control measures
• a system for recording visits to the site(s) by workers/others as well as visits by workers to other workplaces should be put in place by employers and completed by workers as required.
• provide induction training for contractors and visitors to the workplace.

Cleaning

Cleaning of work areas must be conducted at regular intervals. Further information on cleaning in non-healthcare settings is available from the ECDC at:
https://www.ecdc.europa.eu/sites/default/files/documents/Environmental-persistence-of-SARS_CoV_2-virus-Options-for-cleaning2020-03-26_0.pdf

Employers must:

• implement regular cleaning of frequently touched surfaces. If disinfection is required it must be performed in addition to cleaning, never as a substitute for cleaning.
• ensure contact/touch surfaces such as tabletops, work equipment, door handles and handrails are visibly clean at all times and cleaned at least twice daily.
• implement modified cleaning intervals for rooms and work areas. Cleaning should be performed at least twice per day and whenever facilities are visibly dirty and provide workers with essential cleaning materials to keep their own workspace clean
• increase number of waste collection points and ensure these are emptied throughout and at the end of each day.
• modify use of hot desks to ensure that these are made available to identified staff and have appropriate cleaning materials in place to clean the area before using.

Personal Protective Equipment

Examples of PPE include gloves, goggles, respiratory protection. In the context of a COVID-19 risk, employers should check the HPSC website regularly for updates regarding use of recommended PPE.
• PPE must be selected based on the hazard to the worker.
• Employers must provide PPE and protective clothing to workers in accordance with identified COVID-19 exposure risks and in line with Public Health Advice.
• Workers should be trained in the proper use, cleaning, storing and disposal of PPE.
• Gloves are generally not required for infection prevention and control purposes. Where necessary, they are not a substitute for hand hygiene and hands must be cleaned whenever gloves are removed. Limitations on wearing time and workers’ individual susceptibilities (allergies, etc.) must also be considered.
• For particular PPE, such as respirators, these must be properly fitted and periodically refitted, as appropriate.
• PPE needs to be consistently and properly worn when required. In addition, it must be regularly inspected, cleaned, maintained, and replaced, as necessary.
Note: wearing of masks is not a substitute for other measures outlined above. However, if masks are worn, they should be clean, and they should not be shared or handled by other colleagues. Employers and workers should keep up to date with the latest Public Health advice issued regarding masks by Gov.ie/NPHET
Further information on PPE is available at: https://www.hsa.ie/eng/Topics/Personal_Protective_Equipment_-_PPE/.

Customer Facing Roles

Many of the measures noted above for workers can and should equally be applied for work activity that involves direct customer or visitor contacts.

Employers must:

• eliminate physical interaction between workers and customers as much as is reasonably practicable through revised working arrangements.
• provide hand sanitisers at entry/exit points.
• install physical barriers and clear markings to ensure contact between workers/ customers is kept to a minimum
• implement a cleaning regime to ensure contact points for workers / customers are kept visibly cleaned at all times.
• display the advice on the COVID-19 measures in visible locations to ensure that customers are also adhering to what is required.

Reporting Requirements:

COVID-19 is reportable under the Infectious Diseases (Amendment) Regulations 2020 by a medical practitioner, who becomes aware of or suspects an instance of such disease, not an employer. Such a report should be sent to the Health Protection Surveillance Centre(HPSC): https://www.hpsc.ie/notifiablediseases/

First Aid:

Workers acting as first aid responders should be provided with updated training on infection prevention and control principles when delivering first aid.
Further advice on first aid is available from the Pre-Hospital Emergency Care Council(PHECC):https://www.phecit.ie/PHECC/Publications_and_Resources/Newsletters/Newsletter_Items/2020/PHECC_COVID_19_Advisory_v1.aspx

Mental Health and Wellbeing:

• Employers should put in place support for workers who may be suffering from anxiety or stress. Workers, when they return to work, may have gone through traumatic events such as the serious illness or death of a relative or friend, or be experiencing financial difficulties or problems with their personal relationships.
• Workers who are returning to the workplace after a period of isolation are likely to have concerns about the risk of infection or changes to their job due to the implementation of measures to prevent the spread of COVID-19. Employers should provide workers with information on publicly available sources of support and advice and information about the prevention and control measures taken in the workplace to reduce the risk of infection.
• Employers should ensure workers are made aware of and have access to any Employee Assistance Programmes or
Occupational Health service provided by the Company.
Heating, ventilation, and air conditioning (HVAC):
Switching off air conditioning is not required to manage the risk of COVID-19. For organisations without air conditioning adequate ventilation is encouraged, for example, by opening windows where feasible etc.

Compliance
The Health and Safety Authority will be responsible for governing the compliance of this protocol. Inspectors may exercise their powers to conduct inspections at workplaces to assess compliance, reporting on the key findings and improvements required. Improvement Notices (legal instruction requiring improvement) can also be issued by the Inspector. Where a serious risk is identified, they may decide that it is necessary to shut down the workplace.

The full Return to Work Protocol is available at: https://dbei.gov.ie/en/Publications/Publication-files/Return-to-Work-Safely-Protocol.pdf

To assist with the return to work, employers can find details of existing supports and resources in place for businesses impacted by COVID-19 at:
https://dbei.gov.ie/en/Publications/Supports-for-businesses-COVID-19.html.

Additional advice on dealing with a suspected case is available from the NSAI:
https://www.nsai.ie/images/uploads/general/NSAI-Guidelines-for-COVID-19-2020-04-09.pdf
https://www.hse.ie/eng/services/news/newsfeatures/covid19-updates/partner-resources/hand-hygiene-poster-english.pdf

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at: -Tel: 01 8870690 Email: info@mssirl.ie Website: www.mssirl.ie

Wage Subsidy Scheme Update 24th April 2020

Fri, 24 Apr 2020 14:23:51 GMT

EMPLOYER UPDATE

Wage Subsidy Scheme

On the 21st April, Revenue issued some adjustments to the new arrangements that were announced on the 15th April, which we covered in our last Update. We have provided below a summary of these changes.

Excluded Salary

The wage subsidy for those whose pay was in excess of €960 p.w but are now reduced, is now effective from the 16th April 2020 not the 4th May as originally announced. This payment is subject to the tiered arrangements and tapering, as follows;

Where the current gross pay, as reported in the payroll submission, represents a reduction from the ARNWP by:

less than 20%, no subsidy is payable
between 20% and 39%, a subsidy of up to €205 is payable
40% or more, a subsidy of up to €350 is payable.

The maximum additional payment an employer can make, in order to receive the full subsidy, is the difference between the employees Average Revenue Net Weekly Pay and their maximum weekly wage subsidy.

Eligible Employees

An employee is not eligible if their gross pay as stated in the payroll submission to revenue exceeds €960 per week. Previously Revenue had referred to this as a Net Pay figure.

Transferred Employees

An employer who has accepted an employee under the TUPE regulations from another employer must notify Revenue of their transfer if they wish to add them to the WSS scheme. a significant negative economic disruption due to Covid-19.

Laid off Employees

When an employee is laid off and is in receipt of the Pandemic Unemployment Payment (PUP), they do not have to be terminated by the company.

If an employee who has been placed on lay-off is being returned to work and placed on the Subsidy Scheme, the DEASP will cease the PUP.

Childcare Subsidy Scheme

Details of this new scheme are now available: For more information see

https://www.gov.ie/en/organisation/department-of-children-and-youth-affairs/

Useful links: https://www.revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-temporary-covid-wage-subsidy-scheme.pdf

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie

Annual Leave

Thu, 23 Apr 2020 14:17:31 GMT

EMPLOYER UPDATE

Annual Leave

We can be sure that, at this time, no one is probably planning their holiday arrangements, due to the current uncertainties and lockdown. However, it is possible that when we are allowed to return to work, we will be heading into the holiday season and employees may at that stage, have accrued a lot of time off if they have not yet taken any leave. At the same time, we hope our employees will be needed to address the uplift in work and getting back on the road again. Hence, the importance of planning how to avoid a holiday crisis.

Statutory Leave Year

Firstly, the statutory holiday year is April to March, though most companies use January to December as their leave year. This is important, because if a claim is made under the Organisation of Working Time Act 1997, this is the only leave year that a claim can be based on if the claim concerns annual leave, regardless of what the holiday year in the contract states.

Do Employees Accrue Annual Leave during Lay-Off?

Annual leave accrues under the Organisation of Working Time Act based on the number of hours worked by employees, subject to a maximum of four working weeks. Where employees have been placed on lay-off, these employees do not accrue annual leave during the specific weeks that they have been laid off, however it is important to note that if they have worked 1,365 hours in the leave year, then they will still be entitled to their full four weeks annual leave. The question of whether annual leave accrues whilst employees are on the Wage Subsidy Scheme, which is basically de facto Lay-Off, has not been clearly defined by the Government legislation or adjudication as of yet. If an employer takes the position that it does not accrue, they should be mindful that it is possible that this could be deemed unlawful. Accrual of contractual leave in excess of statutory leave whilst in receipt of the WSS payment will accrue unless the contract states otherwise.

Employer Responsibilities

Under this Act the employer is responsible for ensuring employees take their leave. In exercising that responsibility, the employer must take into account the need for the employee to reconcile work needs, family responsibilities and the opportunities for rest and relaxation, even if the employer wishes to nominate when holidays will be taken, which can be done where at least a months’ notice has been given.

At the moment some employers have already organised employees to take leave during this COVID 19 period, to use up entitlements, but the overall number is probably quite small. Yet, if we consider that the normal leave entitlement for full time employees is 4 working weeks plus Public Holidays, and the fact that we only have 8 months left to take them in, (if January to December is your leave year), if and when things pick up we may need all hands to the wheel and holidays could be a nightmare.

So, what can an employer do?

Employers are entitled to nominate when holidays can be taken. To do this the employer is expected to consult the employee or their trade union (if any) at least a month before the date nominated for leave to be taken. This means that the employer can nominate holidays to commence in a months’ time which will allow the employer to organise the workforce, especially if there is going to be a phased return to work. If it is the case that an employer wishes to start using the leave earlier then employees could be asked to come forward, request employees to indicate holiday dates for the rest of the year and advise that if they do not do this the company may have to nominate when they take them or they could be organised by agreement..

What if all annual leave cannot be used up?

If it is the case an employee is unable to use up all the annual leave within the January to December leave year, then it should be remembered that there are still three months left in the Statutory leave year before you are in breach of the Act. In addition to this leave can be carried over to the next leave year provided there is agreement and the leave is taken within the first six months of the new leave year. This gives an employer up to the end of September 2021 to use up any carried over leave and hopefully to also use up current leave as well at that stage.

Why not just pay the outstanding leave?

Employers cannot pay employees for outstanding leave unless the employee is ending their employment with the company, so this is not an option for current employees.

So, what do you do?

Identify how much leave is currently due to all your employees.
Identify how much leave the company will need for periods where the company shuts down e.g. Summer shut down, Christmas
Work out how to spread the balance over the remainder of the leave year
Request employees to submit their leave requests for 2020 by a specified date so that the company can organise them in a manner fair to all or reflect any established booking practice that may apply in the workplace, around the needs of the business.
If necessary, nominate when holidays may be taken by giving the appropriate one months’ notice
If all leave cannot be used up, agree to carry over leave into the next leave year.

Can employees take leave if on the Subsidy Scheme?

Yes. The employee is still at work so this can be done and as the scheme runs to the 25th June, it is likely that employees will be taking leave during this time.

Can employees take leave whilst on the Pandemic Unemployment Payment?

No. An employee cannot receive payment from their employer during this time.

This update is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie

COVID-19 Planning Ahead

Mon, 20 Apr 2020 14:12:30 GMT

EMPLOYER UPDATE

Planning Ahead

For businesses and HR Practitioners, with the possibility of light at the end of the lockdown tunnel, now is the time to start forward planning to ensure that, whenever restrictions are lifted and businesses are permitted to reopen, both the business and its employees are ready to resume work. The following are some key areas to focus on to make sure that your business is sufficiently prepared;

Returning Employees to Work

Depending on the Government’s direction, a phased return to work may be necessary for some or all employers to allow the business to get up and running, which means the business may not need everyone back at the same time. In those circumstances, employers will need to decide how to select who will return to work first ensuring they use a fair and objective criterion when doing so.

Employers who have laid staff off, should also keep a watch on the changes that were made to Section 12. Redundancy Payments Act 1967 from 26 March 2020 which prevents claims of redundancy from employees who have been laid-off or kept on short-time due to Covid-19.

This exemption is due to end on the 31st May 2020, and unless this is extended employers may face redundancy claims from employees who remain on lay-off/short time beyond this date. This may impact decisions for employers on who is to return to work first.

Once selections have been made, employees will need to be contacted to advise them when the period of lay-off or short-time working will cease and of their return to work date, remembering to give as much notice as possible, as employees on lay-off may have been employed elsewhere during the “emergency period”.

Action : Begin to prepare letters for when you need to notify employees, to ensure selection is fair and avoid unnecessary delays.

Health and Safety

Employers must consider the safety, health and welfare of employees returning, in line with their Duty of Care under the Safety, Health and Welfare Act. Guidance from the government should be strictly adhered to. Employers should update risk assessments prior to employees returning to work/returning to normal duties, to ensure that any control measures that are necessary to prevent any possible spread of COVID-19 are in place i.e. rearranging offices, online meetings etc. and that employees are fully briefed and confirm their understanding of them before returning to work. Absence and return to work processes should also be reviewed and confirmation should be sought from employees in advance of their return to protect against any risk of COVID-19.

Action: Update H&S documentation and training material/PPE to incorporate COVID 19 measures.

Collective Redundancies

With a significant downturn in the economy predicted, some employers may unfortunately be faced with the need to implement redundancies or may have identified more efficient ways of working, resulting in fewer employees needed, within their organisations. Employers should be careful to seek advice in advance of any such action, however. Fair procedures must be applied at all stages where redundancies are being considered. Depending on the number of roles being declared redundant and the size of the workforce, Collective Redundancy legislation may apply, entailing more specific notice and consultation periods. Failure to adhere to fair procedures, may result in claims under the Unfair Dismissals Act 1978.

Action : Review staffing levels and work practices to identify potential efficiencies.

Annual Leave

Many employees will be returning to work with an accumulation of annual leave, which employers may struggle to allow them to take within the leave year. In this regard, employers may want to consider relaxing their annual leave policies and allowing for a carryover of leave into the next leave year. It should be noted that the annual leave year for the purpose of the Organisation of Working Time Act 1997 is from the 1st April to the 31st March. Under this legislation, annual leave can be carried forward into the first six months of the following leave year (1st April -30th September) with the agreement of the employee or if contractually provided for.

Where agreement is reached this should be recorded. Employers should ensure they have a strategy in place for managing the excess annual leave which employees will have accrued.

Employers should ensure that management are fully briefed on the details of their employee’s remaining annual leave for this year so that everyone is clear on where they stand and can plan accordingly.

Should an employer wish to specify when employees may take their leave, then there should be consultation on this at least one month before the leave date and should take into account proper rest and recreation for the employee and their family.

Action : Review outstanding leave entitlements and plan how they are to be used up without affecting the business.

Compassionate/ Bereavement Leave

As a result of social distancing measures, funeral masses are presently limited to family members only during the emergency period. Memorial services may take place when it is over. Employers should expect to receive requests for time off for attendance at these and so should consider their position. Although not legally required, many employers operate policies on bereavement/compassionate leave.

Action: Review these policies and decide whether to adjust them temporarily to facilitate leave for these unique circumstances or require annual leave/unpaid leave should be taken. Employers that do not have expressed Bereavement/compassionate leave policies should also prepare for what their position on such ceremonies will be.

Working From Home

This pandemic has forced employers to implement flexible working arrangements which would not normally apply and have trusted their employees to carry out the work which they were employed to do, from their home. Employers should be prepared for requests from some of their employees to continue with such arrangements. Whatever the preference of your business, you should start to decide now what your company’s position is. What would be the cost or operational implications of continuing? If it is something you wish to permit, decide fairly on what basis, and ensure that you document any agreement and the conditions applicable.

Action: Create a Home Working policy to cover H&S aspects and applicable circumstances.

Part Time Work Request

Employees who have been working reduced hours or not working at all may seek to avail of part time hours on a permanent basis. Employers should consider what their position is for such requests. Although not obliged to facilitate such an arrangement, the ‘Code of Practice on Access of Part Time Working’ provides that employers should consider requests for Part-Time Work and take account of all factors both relevant to the organisation and personal to the applicant before making a decision. Written replies to the employees detailing these reasons should be given. These requests should be considered on a case by case basis, but employers can start planning now for potential requests and the operational feasibility of them for roles within their business.

Where part time work arrangements are agreed, the conditions for same should be clearly laid out and detailed in a signed appendix to the employees Terms and Conditions.

Actions: Prepare a Part Time workers policy

Probation

Some employees may have been employed on an initial probation period prior to being placed on lay-off/short time. Employers should check whether their contracts provide for the extension of the probation period to take into account any periods of absence, in which case they should write to employees to confirm this extension so that there is no uncertainty. However, in any case they should be careful not to extend the probation beyond a period of 11 months, as employees will benefit from full coverage under the Unfair Dismissal Act once they have accrued 12 months service.

Action : Review all new employee dates and issue update letters to all probationers.

Communication

The pandemic has had a big impact on the way in which we all communicate including employers resorting to online platforms for meetings and this has meant that businesses have honed their IT communications skills. Employers may want to consider whether these new approaches would be beneficial and could be incorporated into the workplace in the future. As social distancing measures are likely to be still in place on return, if these measures were necessary to ensure that appropriate distances are maintained, then employers may be required to continue with them initially. In doing so employers will need to review any GDPR implications to this.

Action : Update/introduce IT policies and review GDPR implications.

Contract Review

Some employers may have identified gaps in their employment contracts, in particular in relation to lay-off and short-time working clauses. Therefore, it may be a good time to review employment contracts/Employee Handbooks now to include these provisions.

Action : Review Terms and conditions

Wage Subsidy Scheme/ Welfare Scheme

Revenue may need to be contacted and payroll processes may need to be adjusted as the Wage Subsidy schemes come to an end. (Currently scheduled for the 25th June) Employers should consider now what steps will be involved, liaising closely with payroll companies and the information available on www.gov.ie and ensure that they can do so as quickly as possible to avoid unnecessary delays. Laid off employees in receipt of the Pandemic Unemployment Benefit should be reminded to contact the revenue to advise that they are now returning to work. Those operating outside of the Wage Subsidy Scheme with employees on lay-off may take longer to get back up and running.

Action: Update Payroll and prepare letters to employees advising them of any changes in pay format and potential income tax liabilities.

Employment Permits

If an employer has any employees who are employed on a Work Permit, they will need to contact the department to confirm when the employee will be returning to work.

Whilst permits due to expire have been temporarily extended, Employers should also check to ensure that any non-EU national visas are up to date and that reminders are sent to employees who have visas which are due to expire.

Action: Review all work permits currently in place and write to relevant employees on their status.

Before you make any changes to what you have done in the past, we would recommend that you seek advice to ensure that you are not exposing your business to claims from your employees.

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie

Temporary COVID-19 Wage Subsidy Scheme - Effective from 4th May 2020

Fri, 17 Apr 2020 13:58:37 GMT

EMPLOYER UPDATE

Temporary COVID-19 Wage Subsidy Scheme

Effective from 4th May 2020

The Wage Subsidy Scheme came into operation on the 26th March 2020 and provided financial support to Irish Companies affected by the Covid-19 crisis who, otherwise, may be unable to pay employees their wages arising from the COVID 19 crisis, and allows employers to continue to pay employees and to re-employ employees who may have been laid off.

This scheme has again been updated on the 15th April and these updates come into effect on the 4th May 2020 and run to the 26th June 2020. For April pay runs please refer top our Update of the 6th April 2020.

Employers must keep employees on the payroll throughout the COVID-19 pandemic so that employers retain their links with employees for when business picks up after the crisis and are encouraged to top up the subsidy, if they can, for the period of the scheme. A revised summary of the operation of the scheme is as follows: -

New Scheme Details

Post 4th May 2020 the subsidy will refund employers the amount as follows: -

o 85% of net pay to a maximum of €350 per qualifying employee, where the employee’s normal net pay was €412 p.w. or less

o 70% of net pay to a maximum of €350 per employee where the normal net pay was between €412p.w. and €500 p.w

o 70% of net pay to a maximum of €410 per employees where the normal net pay was between €501p.w. and €586 p.w

o 70% of net pay for employees with previous net pay between €586 - €960 per week subject to a maximum that is based on a tiered approach which varies the maximum depending on the amount paid by the employer and the level of any reduction in pay that has been imposed on that employee as follows:

Gross amount paid by the Employer Subsidy Max

Up to 60% of normal net €350

Between 60%-80% of net €205

A tapering of the subsidy will apply to all cases where the gross pay paid by the employer and the subsidy exceed the previous normal net weekly pay. This will be calculated by subtracting the amount paid by the employer from the previous average net weekly pay. This is to ensure that no employee would be better off under the scheme.
The subsidy will also now support employees where the average net pre-COVID-19 salary was greater than €76,000, (gross) and their gross post-Covid salary has since fallen below €76,000. The tiered arrangement for gross incomes in excess of €38,000 (€586) will apply in such circumstances.
Employers are requested to top up, if possible, to no more than the normal take home (net) pay, but must pay a top up of at least € .01
Income tax, PRSI, LPT and USC will not be applied to the subsidy at the time of payment. This will be balanced at year end.
Employee PRSI will not apply to the subsidy or top up payments.
Employers PRSI will not apply to the subsidy and will be reduced from 11.5% to 0.5% on the top up payment. (Class J9)
All other conditions of the scheme continue to apply as set out below.

Who does the scheme apply to?

The Scheme is open to businesses, excluding the public service and non-commercial semi-state sector, who are being adversely impacted by the pandemic and they: -

retain staff on payroll or re-employ laid off staff, whether they are on reduced hours and/or reduced pay.

The employer meets the conditions set out below and subject to the levels of pay given to the employees.

Scheme Qualification

Employers must:

be experiencing a significant negative economic disruption due to Covid-19
Applications will be self-assessed – employers must presume this will be checked at some date with potential serious consequences for any unsustainable claim
be able to demonstrate, to the satisfaction of Revenue, an expected minimum of a 25% decline in turnover in Q2
be unable to meet normal wages and normal outputs fully.

Employees must:

have been on the employer’s payroll as at 29 February 2020, and
for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.
be employees who were laid off after 29th February and are taken back onto the payroll.
If an employee has more than one job the employer applies 70% of what they are paying the employee.

Publication:

The names of employers operating this scheme will be published on Revenue’s website in due course, after the scheme has expired.

Employer Registration:

Any employer, already registered with Revenue for the Employer COVID-19 Refund Scheme, is not required to take any further action. The employer may make payroll submissions from 26 March 2020 under the subsidy scheme arrangements on the same basis as they were doing for the Employer Refund Scheme.

Employers wishing to register for the scheme can apply to Revenue by logging on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage Subsidy’.

Read the “Covid-19: Temporary Wage Subsidy Self-Declaration” and press the ‘Submit’ button.
Ensure bank account details on Revenue record are correct. These can be checked in ROS and in ‘Manage bank accounts’, ‘Manage EFT’. Enter the refund bank account that the refund is to be made to.

Operating the scheme from Thursday 26th March 2020

Transitional Phase - The employer runs the payroll as normal, entering the following details for each relevant employee under the Scheme:

PRSI Class set to J9.
A non-taxable amount equal to 70% of the employee’s net take home pay subject to the €410/ €350 maximum.
If an employer is not making any payment to the employee, they should include a pay amount of €0.01 in Gross Pay.
If an employer is making additional wage payments they should include this amount in the Gross Pay.
It is important that employers do not include the Temporary Wage Subsidy payment in Gross Pay.
The additional payment, which cannot be re-grossed, are liable to income tax and USC
Net pay must not exceed average weekly net pay

The payroll submission must include pay frequency and period number and will not be processed for refund until 4 days before the pay date.

Normal Weekly Net Pay

This is the Average Net weekly pay for January and February 2020 based on revenue returns by 15th March 2020.

Take the employee’s “Gross pay” and from it subtract the “Income Tax Paid”, the “USC Paid” and the “Employee PRSI Paid”.
Total this figure for each pay date in Jan and Feb 2020 and divide this by the number of insurable weeks (capped at 9) for the period.
This gives the employee’s average pay that is to be used for the subsidy amount
Pension and other voluntary deductions can only be made from the “top-up” payment provided funds are sufficient.

The payment of the Temporary Wage Subsidy and any additional income paid by the employer may result in the refund of Income Tax or USC already paid by the employee. Any Income Tax and USC refunds that arise as a result of the application of tax credits and rate bands can be repaid by the employer and Revenue will also refund this amount to the employer.

Employers must not operate this scheme for any employee who is making a claim for duplicate support (e.g. Pandemic Unemployment Payment) from the DEASP.

Where an employee is not covered by this scheme they may still be able to avail of the Covid 19 Pandemic Unemployment Payment or Short-time Work Support/Job Seekers benefit.

Please note Penalties will apply to any abuse of the Subsidy Scheme by self-declaring incorrectly, not providing funds to employees or non-adherence to Revenue, and any other relevant, guidelines.

This update is for guidance only and is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.msst hehrpeople.ie

Useful links for more information:-

https://revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-temporary-covid-wage-subsidy-scheme.pdf

https://revenue.ie/en/corporate/communications/documents/guidance-on-employer-eligibility-and-supporting-proofs.pdf

Temporary COVID-19 Wage Subsidy Scheme - Updated

Mon, 06 Apr 2020 13:51:52 GMT

EMPLOYER UPDATE

Temporary COVID-19 Wage Subsidy Scheme

The Emergency Measures In The Public Interest (COVID 19) Act 2020 came into operation on the 26th March 2020. These measures provide financial support to Irish Companies and their workers affected by the Covid-19 crisis who, otherwise, may be unable to pay employees their wages due to the lack of funds arising from the COVID 19 crisis and allows employers to continue to pay employees and to re-employ employees who may have been laid off. The scheme runs for 12 weeks from 26 March 2020.

Employers must keep employees on the payroll throughout the COVID-19 pandemic so that employers retain their links with employees for when business picks up after the crisis.

Employers are encouraged to maintain a significant, or 100%, net income, for the period of the scheme. A summary of the operation of the scheme is as follows: -

Scheme Details

Employers will not apply the €350 payment under the COVID-19 Unemployment Payment Refund Scheme anymore.
The subsidy will refund employers up to a maximum of:- o €410 per qualifying employee, where the employees normal net pay is €586 p.w. or less
€350 per employee where the normal net pay is between €587p.w. and €960 p.w
The scheme will not apply if net pay is in excess of €960 p.w.
The reimbursement will, in general, be made within two working days after receipt of the payroll submission.
Employers are requested to top up, if possible, to no more than the normal take home (net) pay, but must pay a top up of at least € .01.
From no later than the 20th April, the subsidy payment will be based on 70% of the weekly average take home pay for each employee up to the relevant maximum.
Income tax, PRSI, LPT and USC will not be applied to the subsidy at the time of payment. This will be balanced at year end.
Employee PRSI will not apply to the subsidy or top up payments.
Employers PRSI will not apply to the subsidy and will be reduced from 11.5% to 0.5% on the top up payment. (Class J9)

Who does the scheme apply to?

The Scheme is open to businesses, excluding the public service and non-commercial semi-state sector, who are being adversely impacted by the pandemic and they:-

retain staff on payroll or re-employ laid off staff, whether they are on reduced hours and/or reduced pay.
The employer meets the conditions set out below and subject to the levels of pay given to the employees.

Scheme Qualification

Employers must:

be experiencing a significant negative economic disruption due to Covid-19
Applications will be self-assessed – employers must presume this will be checked at some date with potential serious consequences for any unsustainable claim
be able to demonstrate, to the satisfaction of Revenue, an expected minimum of a 25% decline in turnover in Q2
be unable to meet normal wages and normal outputs fully.

Employees must:

have been on the employer’s payroll as at 29 February 2020, and
for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.
be employees who were laid off after 29th February and are taken back onto the payroll.
If an employee has more than one job the employer applies 70% of what they are paying the employee.

Publication:

The names of employers operating this scheme will be published on Revenue’s website in due course, after the scheme has expired.

Employer Registration:

Employers, or their agents, wishing to register for the scheme can apply to Revenue by carrying out the following steps:

Log on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage Subsidy’.
Read the “Covid-19: Temporary Wage Subsidy Self-Declaration” and press the ‘Submit’ button.
Ensure bank account details on Revenue record are correct. These can be checked in ROS and in ‘Manage bank accounts’, ‘Manage EFT’. Enter the refund bank account that the refund is to be made to.

Operating the scheme from Thursday 26th March 2020

Transitional Phase - The employer runs the payroll as normal, entering the following details for each relevant employee under the Scheme:

PRSI Class set to J9.
A non-taxable amount equal to 70% of the employee’s net take home pay subject to the €410/ €350 maximum.
If an employer is not making any payment to the employee, they should include a pay amount of €0.01 in Gross Pay.
If an employer is making additional wage payments they should include this amount in the Gross Pay.
It is important that employers do not include the Temporary Wage Subsidy payment in Gross Pay.
The additional payment, which cannot be re-grossed, are liable to income tax and USC
Net pay must not exceed previous normal net pay
The payroll submission must include pay frequency and period number.

Normal Weekly Net Pay

This is the Average Net weekly pay for January and February 2020 based on revenue returns by 15th March 2020.

Take the employee’s “Gross pay” and from it subtract the “Income Tax Paid”, the “USC Paid” and the “Employee PRSI Paid”.
Total this figure for each pay date in Jan and Feb 2020 and divide this by the number of insurable weeks (capped at 9) for the period.
This gives the employee’s average pay that is to be used for the subsidy amount
Pension and other voluntary deductions can only be made from the “top-up” payment provided funds are sufficient.

Employers must not operate this scheme for any employee who is making a claim for duplicate support (e.g. Pandemic Unemployment Payment) from the DEASP.

Where an employee is not covered by this scheme they may still be able to avail of the Covid 19 Pandemic Unemployment Payment or Short-time Work Support/Job Seekers benefit.

Please note Penalties will apply to any abuse of the Subsidy Scheme by self-declaring incorrectly, not providing funds to employees or non-adherence to Revenue, and any other relevant, guidelines.

This update is for guidance only and is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.msst hehrpeople.ie

Useful links for more information:-

https://revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-temporary-covid-wage-subsidy-scheme.pdf

https://revenue.ie/en/corporate/communications/documents/guidance-on-employer-eligibility-and-supporting-proofs.pdf

Emergency Measures in The Public Interest (COVID 19) Bill 2020 - Compulsory Redundancy arising from Lay-Off/Short Time Working

Fri, 27 Mar 2020 14:44:37 GMT

EMPLOYER UPDATE

Emergency Measures in The Public Interest (COVID 19) Bill 2020

Compulsory Redundancy arising from Lay-Off/ Short Time Working

The Dail approved the Emergency Measures in The Public Interest (COVID 19) Bill 2020 on the 26th March, which introduced, amongst other emergency pieces of legislation, the new Wage Subsidy Scheme. These measures were to provide support to Irish Companies and workers affected by the Covid-19 crisis.

Redundancy

This Act also temporarily removes a persons’ right to request to be declared redundant where they have been laid-off/ put on short-time for four or more consecutive weeks or, within a period of thirteen weeks, for a series of six or more weeks of which not more than three were consecutive.

The changes mean this right, which is contained in Section 12. Redundancy Payments Act 1967, will not have effect during the emergency period (3 months from 26 March 2020) in respect of an employee who has been laid-off or kept on short-time due to the effects of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.

It should be noted that the rules concerning fair selection for lay-off, redundancy or short time working remain unchanged and an employer should ensure it is exercised correctly to avoid any claims.

This update is for guidance only and is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@ms sthehrpeople.ie Website: www.mssirl.ie

Temporary COVID-19 Wage Subsidy Scheme

Fri, 27 Mar 2020 14:40:13 GMT

EMPLOYER UPDATE

Temporary COVID-19 Wage Subsidy Scheme

The Dail approved the Emergency Measures In The Public Interest (COVID 19) Bill 2020 on the 26th March, which is the effective date of the new Wage Subsidy Scheme. These measures are to provide financial support to Irish Companies and workers affected by the Covid-19 crisis to businesses who otherwise are unable to pay employees their wages due to the lack of funds arising from the COVID 19 crisis.

The scheme will support employers who are affected by the pandemic by providing financial support to allow employees to continue to be paid as employees and to re-employ employees who may have been laid off. The scheme will run for 12 weeks from 26 March 2020.

Employers must keep employees on the payroll throughout the COVID-19 pandemic so that employers retain their links with employees for when business picks up after the crisis.

Employers are encouraged to make their best efforts to maintain a significant, or 100%, net income, for the period of the scheme. A summary of the operation of the scheme is as follows: -

Scheme Details

· Employers will not apply the €350 payment under the COVID-19 Unemployment Payment Refund Scheme anymore.

· The subsidy will refund employers up to a maximum of :-

o €410 per qualifying employee, where the employees normal net pay is €586 p.w. or less

o €350 per employee where the normal net pay is between €586 p.w. and €960 p.w

· The scheme will not apply if net pay is in excess of €960 p.w.

· The reimbursement will, in general, be made within two working days after receipt of the payroll submission.

· Employers are requested to top up, if possible, to no more than the normal take home (net) pay, but must pay a top up of at least € .01

· From no later than the 20th April, the subsidy payment will be based on 70% of the weekly average take home pay for each employee up to the relevant maximum.

· Income tax, PRSI, LPT and USC will not be applied to the subsidy payment. (This will be balanced at year end.)

· Employee PRSI will not apply to the subsidy or top up payments.

· Employers PRSI will not apply to the subsidy and will be reduced from 11.5% to 0.5% on the top up payment. (Class J9)

Who does the scheme apply to?

The Scheme is open to businesses, excluding the public service and non-commercial semi-state sector, who are being adversely impacted by the pandemic and they:-

· retain staff on payroll or re-employ laid off staff, whether they are on reduced hours and/or reduced pay.

· The employer meets the conditions set out below and subject to the levels of pay given to the employees.

Scheme Qualification

Employers must:

· be experiencing a significant negative economic disruption due to Covid-19

· Applications will be self-assessed – employers must presume this will be checked at some date with potential serious consequences for any unsustainable claim

· be able to demonstrate, to the satisfaction of Revenue, an expected minimum of a 25% decline in turnover in Q2

· be unable to meet normal wages and normal outputs fully.

Employees must:

· have been on the employer’s payroll as at 29 February 2020, and

· for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.

· be employees who were laid off after 29th February and are taken back onto the payroll.

Publication

The names of employers operating this scheme will be published on Revenue’s website in due course, after the scheme has expired.

Employer Registration

Employers, or their agents, wishing to register for the scheme can apply to Revenue by carrying out the following steps:

· Log on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage Subsidy’.

· Read the “Covid-19: Temporary Wage Subsidy Self-Declaration” and press the ‘Submit’ button.

· Ensure bank account details on Revenue record are correct. These can be checked in ROS and in ‘Manage bank accounts’, ‘Manage EFT’. Enter the refund bank account that the refund is to be made to.

Operating the scheme from Thursday 26th March 2020

Transitional Phase - The employer runs the payroll as normal, entering the following details for each relevant employee under the Scheme:

· PRSI Class set to J9.

· A non-taxable amount equal to 70% of the employee’s net take home pay subject to the €410/ €350 maximum.

· If an employer is not making any payment to the employee, they should include a pay amount of €0.01 in Gross Pay.

· If an employer is making additional wage payments they should include this amount in the Gross Pay.

· It is important that employers do not include the Temporary Wage Subsidy payment in Gross Pay.

· Net pay must not exceed previous normal pay

· The payroll submission must include pay frequency and period number.

Normal Weekly Net Pay

This is the Average Net weekly pay for January and February 2020 based on revenue returns by 15th March 2020.

· Take the employee’s “Gross pay” and from it subtract the “Income Tax Paid”, the “USC Paid” and the “Employee PRSI Paid”.

· Total this figure for each pay date in Jan and Feb 2020 and divide this by the number of insurable weeks (capped at 9) for the period.

· This gives the employee’s average pay that is to be used for the subsidy amount

Income tax, USC, LPT, if applicable, and PRSI are not deducted from the Temporary Wage Subsidy.

Employers must not operate this scheme for any employee who is making a claim for duplicate support (e.g. Pandemic Unemployment Payment) from the DEASP.

Where an employee is not covered by this scheme, they may still be able to avail of the Covid-19 Pandemic Unemployment Payment or Short-time Work

Support/Job Seekers Benefit.

Please note Penalties will apply to any abuse of the Subsidy Scheme by self-declaring incorrectly, not providing funds to employees or non-adherence to Revenue, and any other relevant, guidelines.

This update is for guidance only and is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie

Useful links for more information:-

https://revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-temporary-covid-wage-subsidy-scheme.pdf

https://revenue.ie/en/corporate/communications/documents/guidance-on-employer-eligibility-and-supporting-proofs.pdf

Temporary COVID-19 Wage Subsidy Scheme

Wed, 25 Mar 2020 14:34:27 GMT

EMPLOYER UPDATE: Temporary COVID-19 Wage Subsidy Scheme

The Government announced on the 24th March that it intended to bring in additional measures to provide financial support to Irish Companies and workers affected by the Covid-19 crisis. One of these measures is the Temporary Wage Subsidy Scheme.

The scheme will support employers who are affected by the pandemic by providing financial support to allow employees to continue to be paid as employees. The scheme will run for 12 weeks from 26 March 2020.

Employers must keep employees on the payroll throughout the COVID-19 pandemic, meaning employers can retain links with employees for when business picks up after the crisis.

Employers are encouraged to facilitate employees by operating the scheme and making their best efforts to maintain a significant, or 100% income, for the period of the scheme. Information on the operation of the scheme is currently limited but the details we have so far are as follows: -

Scheme Details

Replaces the previous COVID-19 Refund Scheme.
The subsidy will refund employers up to a maximum of €410 per each qualifying employee.
Employers are requested to top up, if possible, to no more than the normal take home pay.
Scheme is also applicable to employers that are not in a position to top up.
Employers make this special support payment through their normal payroll process.
Employers will be reimbursed following notification to Revenue via the payroll process.
The reimbursement will, in general, be made within two working days after receipt of the payroll submission.
In April, the subsidy payment will be based on 70% of the weekly average take home pay for each employee up to a maximum of €410.
Income tax and USC will not be applied to the subsidy payment.
Employee PRSI will not apply to the subsidy or any top up payment by the employer.
Employers PRSI will not apply to the subsidy and will be reduced from 10.5% to 0.5% on the top up payment.

Who does the scheme apply to?

The Scheme is available to employers, excluding the public service and non- commercial semi-state sector, whose business activities are being adversely impacted by the pandemic and they:-

retain staff on payroll, whether they are temporarily not working or on reduced hours and/or reduced pay.
The employer meets the conditions set out below and subject to the levels of pay given to the employees, the employer may be eligible for the scheme for some or all the employees.

Employer qualification Employers must:

be experiencing significant negative economic disruption due to Covid-19
be able to demonstrate, to the satisfaction of Revenue, a minimum of a 25% decline in turnover
be unable to pay normal wages and normal outgoings fully
the employees were on the employer’s payroll as at 29 February 2020, and
for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.

The names of all employers operating this scheme will be published on Revenue’s website in due course, after the scheme has expired.

Employer Registration

Employers, or their agents, wishing to register for the scheme can apply to Revenue by carrying out the following steps:

Log on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage Subsidy’.
Read the “Covid-19: Temporary Wage Subsidy Self- Declaration” and press the ‘Submit’ button.
Ensure bank account details on Revenue record are correct. These can be checked in ROS and in ‘Manage bank accounts’, ‘Manage EFT’. Enter the refund bank account that the refund is to be made to.

Operating the scheme from Thursday 26 March 2020

The employer runs the payroll as normal, entering the following details for each relevant employee under the Scheme:

PRSI Class set to J9.
A non-taxable amount equal to the employee’s net take home pay or €410 whichever is the lesser.
If an employer is not making any payment to the employee, they should include a pay amount of €0.01 in Gross Pay.
If an employer is making additional wage payments to affected employees, they should include this amount in the Gross Pay.
It is important that employers do not include the Temporary Wage Subsidy payment in Gross Pay.
The payroll submission must include pay frequency and period number.
Income tax, USC, LPT, if applicable, and PRSI are not deducted from the Temporary Wage Subsidy.
The payment of the Temporary Wage Subsidy and any additional income paid by the employer may result in the refund of Income Tax or USC already paid by the employee. Any Income Tax and USC refunds that arise as a result of the application of tax credits and rate bands can be repaid by the employer and Revenue will also refund this amount to the employer.

Employers must not operate this scheme for any employee who is making a claim for duplicate support (e.g. Pandemic Unemployment Payment) from the DEASP.

Based on the information provided in payroll submissions and adherence to the maximum limits Revenue will credit employers the temporary wage subsidy paid to each employee.

Penalties will apply to any abuse of the Subsidy Scheme by self-declaring incorrectly, not providing funds to employees or non-adherence to Revenue, and any other relevant, guidelines.

We will endeavour to provide you with any additional, updated information, as it becomes available.

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie

COVID-19 (Coronavirus)

Fri, 13 Mar 2020 14:00:36 GMT

EMPLOYER UPDATE: COVID-19 (Coronavirus)

With the international pandemic spread of the coronavirus, Covid-19, and the recent unprecedented restrictions imposed by the Government of Ireland, businesses are experiencing a high degree of economic uncertainty

For this reason, we have put together a list of the ‘ Frequently Asked Questions ’ which are at the forefront of employers minds in the present climate. This will hopefully help employers when considering the best approach for their businesses and employees.

We have also put together the below protocol/letters, which will hopefully help guide you through this period of uncertainty;

COVID- 19 Protocol for Employees

SAMPLE Protective Notice Letter

SAMPLE Notice of Lay-Off/Short-Time Working Letter

This update is provided by the MSS HR Support Service

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@m ssthehrpeople.ie

Website: www.mssirl.ie

Coronavirus

Tue, 11 Feb 2020 13:52:10 GMT

EMPLOYER UPDATE: CORONAVIRUS

The World Health Organisation (WHO) have declared the spread of the ‘Wuhan Coronavirus’ as a Public Health Emergency of International Concern, with cases of the virus confirmed already in 9 European countries.

What Employers need to know

Not only should individuals take care of their own health and protect against the illness, but employers also have a Duty of care towards their employees to take into account and plan for emergency situations, such as the spread and possible harm that the virus may cause to their employees.

Thankfully, at the time of writing, there have been no confirmed cases as of yet in Ireland, however, it is important that employers are prepared for such circumstances.

What Employers need to do

Employers should conduct risk assessments within their workplace.

They should identify what the likelihood of staff contracting the coronavirus whilst at work is and what control measures can be introduced to manage that risk.

International travel is one of the main areas of concern for employers to consider and it is recommended to avoid all non-essential travel to China. Employers should try to put measures in place which would eliminate the need for employees to travel to China e.g. use online meeting platforms.

However, if travel to China is unavoidable for employees, employers should make sure that they are fully familiar with the Department of Foreign Affairs and Trade guidelines.

As an employer you will want to ensure business continuity, therefore, it is recommended to have a plan prepared in the unfortunate event that the coronavirus reaches Ireland and spreads. Given that the virus is spread through the coughing and sneezing of infected persons, a key consideration may include reducing close contact by having fewer people in the office and incorporating practices such as flexible working and working from home arrangements.

The World Health Organisation provide comprehensive infographics on their website referring to the basic tips that can help to protect individuals from getting sick, which employers can post throughout the workplace for their employees.

Overall it is important that employers monitor the spread of the virus and apply the guidelines as prescribed by the Health and Safety Authority and the WHO.

This update is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@m ssthehrpeople.ie Website: www.mssirl.ie

National Minimum Wage 2020

Fri, 17 Jan 2020 13:49:12 GMT

NATIONAL MINIMUM WAGE 2020

With effect from the 1st February 2020 the National Minimum Wage in Ireland will be increased to €10.10 per hour for an experienced adult worker.

Applicable Employees

The full rate is applicable to any employee who is at least 18 years of age except as detailed below;

EMPLOYEE MINIMUM HOURLY RATE

2019 January 2020

Aged 20 or more: €9.80* €10.10*

Aged under 18: €6.86* €7.07 * (70%)

First year from date of first

employment over age 18: €7.84* €8.08 * (80%)

Second year from date of

first employment over

age 18: €8.82* €9.09 * (90%)

*per working hour

Who is an Experienced Adult Worker?

An experienced adult worker is an employee who is not:

under the age of 18 years,
or in the first two years after the date of first employment over age 18,
or a trainee undergoing structured training as defined by the Act.

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

The spouse, father, mother, grandfather, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer, or
An apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.
Alternative minimum rates may be set down under Employment Regulation Orders (EROs) of Joint Labour Committees or Sectoral Employment Agreements (SEAs) created by Employment Collective Agreements between employers and Trade Unions.

Working Hours

Full time, part time, temporary or casual employees are all entitled to the national minimum wage for the following hours worked;

All hours where an employee carries out an activity for an employer including;

Overtime
Time spent travelling on official business
Time on authorised training/study during normal working hours

Excluding;

Time on standby/on call away from place of work
Time on authorised leave/notice or absent from work
Travelling from residence to work or to place of training

Calculation of Hourly Pay (Reckonable Pay)

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection)
Productivity related bonuses
Board and/or lodging
Service charge paid through payroll

Pay Reference Period

The period of time over which you may calculate the average earnings (Pay Reference Period) may be a week, a fortnight and must not be longer than one month.

Employee Complaints

An employee may make a complaint to the Workplace Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their Employer.

Victimisation of Employees

No employer may victimise another employee for exercising their rights.

Any employee so victimised who cannot resolve the matter with their employer and may refer the matter to the Workplace Relations Commission or where dismissed, under the Unfair Dismissals Act 1977.

Minimum Wage in Practice

In order to ensure that the increase in the minimum wage does not result in employers attracting a higher level of PRSI charge solely due to this increase, the employer PRSI threshold will increase from €386 currently to €395 from 1st February 2020.

This update is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@mss thehrpeople.ie
Website: www.mssirl.ie

Parent's Leave Update

Fri, 01 Nov 2019 13:40:08 GMT

Employers Update: Parent’s Leave

As of 1st November 2019 , new regulation has been introduced into Irish law in the form of the Parent's Leave and Benefit Act 2019 .

The Act provides new parents, of a child born or adopted no earlier than 1 November 2019, with two weeks paid Parent’s leave each, to enable him or her to provide or assist in the provision of care to the child.

Where the birth of a child is part of a multiple birth, or a person adopts 2 or more children at the same time, the parents are still entitled to only 2 weeks of Parent’s leave.

The leave must be taken within 52 weeks of the birth of the child or, in the case of an adoption, from the date of placement of the child. Paid Parent’s Leave can be taken in addition to existing Maternity Leave, Adoptive Leave, Paternity Leave and Parental Leave, as applicable to each relevant parent.

A relevant parent includes a parent or spouse or civil partner or cohabitant of a parent of the child.

Two weeks paid Parent’s Leave will be paid by the state at the same rate as Maternity Benefit and Paternity Benefit.

The employee who wishes to takes Parent’s Leave must give to the employer six weeks' notice in writing of the proposed Parent’s Leave. Also, the paid Parent’s Leave must be taken in either a two-week block or in one-week blocks within the first year of the child's birth or adoption. It is not transferable between parents.

The employer may, in limited circumstances, postpone Parent’s Leave four weeks before the proposed start date. The postponed Parent’s Leave must be granted within twelve weeks of the original date.

It is important to note that the employee retains all rights whilst on leave and has a right to return to work after Parent’s Leave on the same terms and conditions as before.

This update is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:
John Barry/Tara Daly/ Hugh Hegarty at tel: 01 8870690

Email: info@mss thehrpeople.ie
Website: www.mssirl.ie

Parental Leave Changes

Fri, 23 Aug 2019 12:36:30 GMT

The Parental Leave (Amendment) Act 2019 , is coming into force on 1st September 2019, which provides an increase in the period of Parental Leave entitlement for employees, as well as changes to the age limits of eligibility.

Parental Leave

Parental Leave is unpaid leave which each parent is entitled to take for the purpose of allowing them to take care of their young children.

The entitlement to this leave arises after an employee has accrued one year’s continuous service or on a pro rata basis if they have accrued more than three months but less than one years’ service.

Extension of Leave

Until now each parent was entitled to 18 weeks Parental Leave per child, born or adopted, however, the new regulations have increased this entitlement for each parent to 22 weeks Parental Leave.

Further to above change, as of 1st September 2020, parents will be entitled to a maximum of 26 weeks of Parental Leave.

Parents will be limited to a maximum of 22 weeks per year where they have more than one child with the exception of twins or triplets.

This leave can be taken as one continuous block or may be broken up into a minimum of 6-week blocks or shorter periods only if agreed with the employer, and leave cannot be shared between parents unless they are both employed by the same employer.

Age of Child

The new regulations also change the age of the child in respect of which the leave can be taken.

The Parental Leave (Amendment) Act 2019 introduces the extension of child’s age. From 1st September 2019, parents will be able to take parental leave in respect of a child until his/her 12th birthday. There is no change for the child with a disability or a long-term illness, which continues to be 16 years of age.

Any parents who have already availed of their entitlement to Parental Leave or part thereof, will still be entitled to the extra weeks of parental leave, provided that their child is still eligible.

Paid Parental Leave

Subject to the legislation which is expected to be enacted on the 1st November 2019, a new Governments Parental Leave Scheme is set to be introduced. This scheme will provide that both parents will have access to two weeks paid parental leave each, which will be paid by the state at the same rate as Maternity Benefit and Paternity Benefit.

The leave can be taken within 52 weeks of the birth of the child or in the case of an adoption, from the date of placement of the child.

This update is provided by the MSS HR Support Service.

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl. ie

Website: www.mssirl.ie

Overseas Workers - Partners Working Arrangements

Thu, 07 Mar 2019 13:32:49 GMT

Spouses of highly-skilled workers from outside EEA to be given automatic labour market access

- Heather Humphreys

The spouses and partners of highly-skilled workers coming to Ireland from outside the EEA will now have immediate and full access to the Irish labour market without the need for an employment permit.

The new "streamlined" process was jointly announced today by Business Minister Heather Humphreys and Justice Minister Charlie Flanagan.

It affects the partners and spouses of those holding Critical Skills Employment Permits, which are designed to attract highly-skilled workers to fill high-demand vacancies where skills are not readily available in the Irish/EEA labour market, particularly in the IT sector.

One of the primary benefits of the Critical Skills Employment Permit is the option for the permit holder to apply for immediate family reunification, as well as the option for the dependent, spouse or partner to apply for a specific employment permit should they choose to work and if they find a job.

However, Ms Humphreys said the existing process was "administratively cumbersome and, in many cases, has acted as a barrier to these people securing work here", prompting inter-Departmental work to simplify it.

Mr Flanagan added: "While this scheme is primarily driven by the Department of Business, Enterprise and Innovation, it is also a prime example of proactive and positive engagement between two departments.

"Because of this work, the non-EEA spouses and partners of critical skills employment permit holders will no longer need an employment permit from the Department of Business, Enterprise and Innovation to work in Ireland.

"On arrival in the State, eligible spouses and de facto partners will be granted an immigration permission with automatic right to work. This will enable critical skills permit holders and their families to quickly become established and assist in their integration in society."

For further details on this Update or about all our services please contact

Tel: 01 8870690 - Email: info@mssthehrpeople.ie

A full list of our Employer Updates can be downloaded from our website.

The Employment (Miscellaneous Provision) Act

Thu, 31 Jan 2019 13:28:29 GMT

The Employment (Miscellaneous Provisions) Act comes into force on the 1st March 2019. The Acts main provisions make significant amendments to both the Terms of Employment (Information) Act 1994 and Organisation of Working Time Act 1997 by introducing minimum working hours, introducing employees having regularly worked hours incorporated into minimum working hours and requiring Employers to issue a mini-statement of terms within 5 days of someone commencing work.

Mini-statement of Terms:

An employer must, within 5 days of starting employment, give a new employee a statement of “core terms” in writing setting out the following:

the names of the employer and employee
the address of the employer
in the case of a temporary contract, the expected duration of the contract and in the case of Fixed Terms work the date the contract expires
the rate or method of calculation of the employee pay and the pay reference period
the number of hours the employer reasonably expects the employee to work

This statement does not replace the need to issue a full statement of terms of employment within the first 2 months of employment. However, if the full statement is issued within the 5 day period there is no need to issue the mini-statement.

It will be an offence carrying a potential fine of up to €5,000/12 months imprisonment for an employer who fails to provide the core terms within one month or who deliberately misrepresents the required information given to the employee. The employer is allowed the defence that they exercised due diligence and took reasonable precautions to ensure compliance with the Act.

Zero Hour Contracts:

The Act amends the provisions of the Organisation of Working Time Act in relation to requiring that there must be a minimum number of hours on any contract unless it is work of a casual nature, an emergency or short-term relief.

Working Hours:

The Act creates Banded hours, with 8 bands ranging as follows:-

A 3 – 6 hrs E 21 - 26 hrs

B 6 - 11 hrs F 26 - 31 hrs

C 11- 16 hrs G 31 - 36 hrs

D 16 - 21 hrs H 36 hrs and over

Employees will have recourse to request the band which reflects the average number of hours worked per week over a 12-month period, with recourse to the Workplace Relations if not applied on request.

The employer has 4 weeks in which to comply with a valid request. Any employee placed on a new band is entitled to work that for at least the following 12 months.

Am employer may refuse to comply with such a request where there is no evidence to support the claim, there were exceptional circumstances applying, there is a significant change in business circumstances or the hours worked were due to a temporary situation only and that has ceased.

The legislation will still allow employees/ers to operate on an “mutually available” basis whereby if an employee is not required to be available and they may refuse the work, then the provisions relating to minimum payments if work is not provided will not apply.

Reduction of Hours:

There is no statutory provision included to reduce the hours so an employer can only avail of their existing rights to reduce hours, such as short-time working /lay off, if provided for in the T&Cs and these usually apply to short term arrangements only.

Penalisation:

An Employer who is found to have penalised an employee because they invoked a right under the Act will face a potential award of up to 2 years remuneration. Examples of penalisation would be changing their duties, suspension, lay off or dismissal demotion.

Disputes:

An employee may refer a dispute to adjudication in the Workplace Relations Commission, which may be appealed to the Labour Court.

We would recommend that you review your current terms and conditions documents and update them to reflect the changes in the law.

This update is provided by the MSS HR Support Service

For further details on this Update or about all our services please contact

Tel: 01 8870690 - Email: info@mssthehrpeople.ie

NATIONAL MINIMUM WAGE INCREASE January 2019

Wed, 19 Dec 2018 13:17:29 GMT

With effect from the 1st January 2019 the National Minimum Wage will be increased to €9.80 per hour for an experienced adult worker. The application and how to calculate minimum pay is detailed below.

Applicable Employees

The full rate is applicable to any employee who is at least 18 years of age except as detailed below;

Employee

Minimum Hourly Rate of Pay

2018 JANUARY 2019

Experienced adult worker

€9.55 €9.80 * (100%)

Under age 18

€6.69 €6.86 * (70%)

First year from date of first employment over age 18

€7.64 €7.84 * (80%)

Second year from date of first employment over age 18

€8.60 €8.82 * (90%)

In structured training or study over age 18, undertaken in normal working hours

1st one third period

€6.94 €7.35 * (75%)

2nd one third period

€7.64 €7.84 * (80%)

3rd one third period

€8.60 €8.82 * (90%)

NB. Each one third period must be at least one month and no longer than 12 months

*per working hour

Who is an Experience Adult Worker?

An experienced adult worker is an employee who is not:

· under the age of 18 years,

· or in the first two years after the date of first employment over age 18,

· or a trainee undergoing structured training as defined by the Act.

Who does it not apply to?

The National Minimum Wage rate does not apply to the remuneration of a person who is;

An apprentice within the meaning of or under the Industrial Training Act, 1967, or the Labour Services Act, 1987.

Alternative minimum rates may be set down within Employment Regulation Orders (EROs) of the Joint Labour Committees or Sectoral Employment Agreements (SEAs) created by Employment Collective Agreements between employers and Trade Unions.

Working Hours

Full time, part time, temporary or casual employees are all entitled to the national minimum wage for the following hours worked; All hours where an employee carries out an activity for an employer including;

Overtime

Time spent travelling on official business

Time on authorised training/study during normal working hours

Excluding;

· Time on standby/on call away from place of work

· Time on authorised leave/notice or absent from work

· Travelling from residence to work or to place of training

Structured Training

Structured Training must involve;

Study or skilled training aimed at enhancing work performance,

A minimum duration of three calendar months.

The course involves at least 10% of directed study or training, which may be within or outside of normal working hours.

There must be an assessment and certification procedure or written confirmation that a course/training has been completed.

Calculation of Hourly Pay (Reckonable Pay)

Reckonable pay means payments that are allowable in calculating an average hourly rate of pay under this Act. The following payments may be taken into account when determining average hourly rate of pay.

Basic Pay
Shift Premium
Piece/Incentive Rate.
Commission
Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection)
Productivity related bonuses
Board and/or lodging
Service charge paid through payroll

Pay Reference Period

The period of time over which you may calculate the average earnings (Pay Reference Period) may be a week, a fortnight and must not be longer than one month.

Employee Complaints

An employee may make a complaint to the Workpalce Relations Commission to investigate allegations of failure by the employer to pay the National Minimum wage.

Such a referral must be within 6 months from the date of receipt of a written statement or from the latest date the employer should have given a written statement.

Employees may not refer a complaint before requesting a written statement from their Employer.

Victimisation of Employees

No employer may victimise another employee for exercising their rights.

Any employee so victimised who cannot resolve the matter with their employer may refer the matter to the Workplace Relations Commission or where dismissed, under the Unfair Dismissals Act 1977-2007.

This update is provided by the MSS HR Support Service

For further details on this Update or about all our services please contact

Tel: 01 8870690 - Email: info@mssirl.ie

Parental Benefit November 2018

Mon, 17 Dec 2018 14:54:17 GMT

The Government has unveiled ‘First 5’, Ireland’s first ever cross-Departmental strategy to support babies, young children and their families. The ten-year plan will deliver:

1. A broader range of options for parents to balance working and caring
2. A new model of parenting support
3. New developments in child health, including a dedicated child health workforce
4. Reform of the Early Learning and Care (ELC) system and a new funding model
5. A package of measures to tackle early childhood poverty

In order to support children to spend more time with their parents, especially in the first year, First 5 sets out plans to develop a new parental leave scheme. This will deliver additional entitlements to existing paid leave for both fathers and mothers.

Minister Doherty said:
“I was particularly pleased to recently introduce a new parental benefit scheme which will allow both parents to access an additional two weeks leave in the first year of their child’s life. Over the coming years, it is the Government’s intention to extend this entitlement to 7 weeks per parent. This initiative allows us to respond to the vital need to support parents of young children and recognises the formative nature of the first year of a child’s life".

This leave will be in addition to the current leave arrangements in place around children for parents.

The current rate of Maternity Leave and Paternity Leave is €240 per week but following Budget 2019, this will increase to €245 per week from the week beginning 25th March 2019 and this will apply to the Parental Benefit.

The Government is intending to increase this to seven extra weeks over time. This scheme will be introduced in November 2019 after the necessary legislation is in place.

This update is provided by the MSS HR Support Service

For further details on this Update or about all our services please contact:

Tel: 01 8870690

Email:info@mssthehrpeople.ie

Parental Leave Act, 1998 (2013 Amendment)

Wed, 14 Nov 2018 14:51:41 GMT

This Act has been amended from the 8th March 2013 to provide an increase in the period of Parental Leave entitlement for employees, as well as an additional requirement for employers to consider employee requests for temporary changes in working hours and/or patterns on return from Parental Leave.

The Parental Leave Act allows both Parents and persons acting in Loco Parentis (acting as a parent), unpaid leave for each child born or adopted for the purpose of taking care of the child, subject to certain conditions. Such leave does not interfere with any employment rights except superannuation.

Leave Entitlement: On completion of one year’s continuous service, an Employee may now, in line with the Amended Legislation, take 18 weeks Parental Leave. This leave may be taken in minimum continuous blocks of 6 weeks or, with the agreement of the Employer, in shorter blocks, or reduced working hours. Leave is not transferable between Parents unless both parents work for the same employer and it is with the agreement of the employer. Where the child is near the upper age limit and the Employee has more than 3 months service, Parental leave may be taken on a Pro-Rata basis. Except in the case of twins or triplets, Parental Leave is limited to 18 weeks in a 12-month period.

Qualifying Children: Children up to the age of 8 years or in the case of a child with disabilities or suffering from a long term illness up to the age of 16. Where an adopted child is between 6 and 8 years old at the time of adoption, then Parental Leave must be taken within two years of the adoption order.

Notice: Parents must give 6 weeks advance notice and arrangements agreed are recorded in the “Confirmation Document”, which must be prepared and signed 4 weeks prior to the Leave. Both parties, only, may change the terms agreed, once signed.

Employers may postpone leave where “it would have a substantial adverse effect on the employers business”. This may only be done once, except where the reason is due to “seasonal variations” in the business. In such cases it may be postponed twice. Where it is postponed, the Employer must state the reasons in a “Statement in Summary” Form no later than 4 weeks before commencement date, A postponement cannot exceed six months. Where such a postponement would take Parental Leave beyond the upper age limit of the child, the limits will not apply.

Purpose of Leave: The Parental Leave MUST be to take care of the child. Where an Employer discovers it is not being used for that purpose, then the Leave may be terminated by the giving of 14 days’ notice, in writing, stating the reasons. The Employee may make representations to the Employer within the first 7 days. In such cases, the Employee is not entitled to return to their position.

Sickness during Leave: Where an employee falls ill and they are unable to care for the child, leave may be suspended for the duration of the illness and will be regarded as sick leave.

Force Majeure Leave: Employees may take limited leave, WITH PAY, in the case of an injury to or an illness of a family member or a person in a relationship of domestic dependency, including same sex partners, and the presence of the Employee must be required where such a person is. Maximum leave is 3 days in 12 months / 5 days in 36 consecutive months. Employees availing of this leave should be requested to complete a form stating the reasons, as soon as is reasonably practicable after the leave has been taken.

Return to Work: Employees are entitled to return to the same or suitable alternative work on terms and conditions no less favorable than before. However, the Amended Legislation now places an obligation on employers to consider employee requests for changes to their working hours and/or patterns for a set period on return from Parental Leave

Employers must consider the needs of both the business and the employee when considering such requests.

Where the request is not granted, the employer must respond in writing to the employee as soon as possible, but no later than within 4 weeks after receipt to the request, advising that the request has been refused.

Where such changes are agreed, the employer must draft an Agreement setting out the following;

The changes to the employee’s working hours and/ or pattern.
The commencement and duration of the agreed set period.

The agreement should then be signed by both the employee and the employer and a copy should be retained by both.

Before signing an agreement, an employee may decide in writing to revoke a request for such changes.

Disputes: Where there is a dispute in relation to Parental Leave the matter may be referred to a Rights Commissioner whose decision may be appealed to the Employment Appeals Tribunal, and on to the High Court on a point of law.

Annual Leave and Sick Leave

Mon, 12 Nov 2018 14:47:47 GMT

From the 1st August the Workplace Relations Act 2015 introduced an amendment to the Organisation of Working Time Act 1997 and has amended Sections; 19, 20, 23; which set down the annual leave entitlements for employees. This amendment has the potential to impact both employers and employees significantly.

Accrual of Annual Leave during Sick Leave

The amendments to Section 19, 20, 23 of the Organisation of Working Time Act 1997 have introduced a legal requirement for the accrual of annual leave entitlements for employees during periods of certified sick leave.

Employees are now entitled to accrue annual leave whilst out sick and to carry over the leave accrued beyond the 6 months of the subsequent leave year, (as was previously prescribed in the Act) up to 15 months.

This means that the annual leave may be taken by an employee, absent due to certified sickness, up to 15 months after the expiry of the leave year in which the annual leave was accrued.

It is notable that this entitlement to accrue annual leave during periods of certified illness applies only to statutory annual leave and not to any leave governed by contractual arrangements.

Employers will now need to take the following steps:

incorporate this change into their normal practice,
ensure that any contracts, practices and policies reflect these additional entitlements.
ensure that medical certificates are received for all relevant leave periods according to Company T&Cs
accrue the cost of the leave earned in accounts going forward
Include holiday pay where a long term sick person’s employment ends with the company

Employees are not entitled to pay when they are on sick leave, thus an employer should not agree to do so if requested.

Once the 15 month period has expired an employee is no longer entitled to be paid holiday pay due for that period.

Protection of Employees (Fixed Term Work) Act 2003

Mon, 12 Nov 2018 14:38:52 GMT

This legislation came into effect on 14th July 2003 and is intended to ensure that workers on fixed term contracts will not be treated less favourably than a comparable permanent worker.

Who is covered?

Any person on a fixed term contract (VETCH) but does not include an agency person working with a client, apprentices, trainee Guard or nursing or members of the Defense Forces.

What is a Fixed Term Contract Employee?

Any person under a contract to an employer where the end of the contract is determined by an objective condition - that is -

Expiry of a specified period between a specified date
Expiry of a specified purpose
The achievement of a specific event

To what does it Apply?

Contract employees are entitled to be treated no less favourably than a comparable permanent worker in relation to all terms and conditions of employment. Except, in the case of a contract worker working less than 20% of the time of a comparable permanent worker, in relation to pensions.

What is a comparable permanent Worker?

A permanent employee not on a fixed contract is a comparable worker if -

Employed by the same associated employer (subject to 1,2,3 below)
Is an employee specified in a collective agreement which applies to the contract employee
Employed in the same industry or sector (subject to 1,2,3 below)

In the case of a) and c) above one of the conditions must apply.

Both employees perform the same work under similar conditions or are interchangeable.
Work is of the same or similar nature with any differences being insignificant
Work is equal to or greater to a comparable permanent employee.

When can a Contract Employee be treated less favourably?

Employers may treat contract employees less favourably where they can prove objective grounds for such. An objective ground would be where the different treatment can be justified in that the difference in treatment does not relate to the status of the employee and is for the purpose of achieving a legitimate objective and is necessary to achieve that objective.

Pension - Please note as stated above where the contract employee worked 20% of the comparable employees time, this would be an objective reason for not applying pensions.

Entitlements based on hours worked

Where benefit is base don hours worked then a contract employee would be entitled to these benefits on a pro rata basis where they work lesser hours.

Can we renew Fixed Term Contracts?

Employers may renew fixed term contracts subject to below.

The employer must do so in writing no later than the date of renewal and must state the objective grounds for renewing the contract and the reason why no indefinite duration contract was offered.

FTC's commencing after 14th July 2003

Where a contract employee has been employed on two or more continuous fixed term contracts then the average duration may not exceed four years except where an objective ground is presented.

FTC's commencing before 14th July 2003

Where fixed term contract has been in existence for up to three years occurring before or after the date, the contract may be renewed for maximum of one year with the average duration not exceeding four years.

Employer Obligations

Employers must notify contract employees of permanent vacancies arising and also of training opportunities insofar as it is practical for contract employees to participate in them.

Employers should, insofar as is practicable, advise employee representatives as to fixed term contract workers in the undertaking.

Disputes

When an employee has a dispute with an employer regarding their entitlement on this legislation they may refer the matter to the Rights Commissioner. The Rights Commissioner may;

Declare the complaint was or was not well founded
Require the employer to comply with the act
Require the employer to reinstate or reengage the employee, (including on a contract of indefinite duration)
Order compensation not exceeding two years remuneration.
Appeals of a Rights Commissioner must be made within six weeks of communication to the Labour Court. Where the decision has not been implemented the employee may refer it to the Labour Court within six weeks of communication. In such cases the employer is precluded from attending the hearing or producing any new evidence to the Labour Court.

Appeals of the Labour Court are to the High Court whose decision shall be final and conclusive.

General Data Protection Regulation 2018

Fri, 08 Dec 2017 14:33:38 GMT

The General Data Protection Regulations (GDPR) are coming into force on the 25th May 2018. As a regulation, the GDPR will have a direct effect on the Irish law system, including the Data Protection Acts 1988 & 2003 and the Data Protection Directive 95/46/EC.

Purpose

The GDPR focus is on standardising the European citizen’s right to data privacy, as well as emphasising transparency, security and accountability by data controllers.

Key Changes

Fines: The GDPR is providing data protection authorities with administrative fines which can turn out to be devastating for organisations. It allows fining for non-compliance of up to €20mln or 4% of total annual global turnover (whichever is greater) for the most serious breaches.

Data Request:

The new regulation will make it easier for individuals to request copies of data relating to them.

At the moment employees are liable to pay a fee of €6.35 and wait for up to 40 days, for the copies of the data to be supplied to them.

However under the GDPR, this request is now free of charge and an employer now has only 30 days to process the request.

An employer is now also required to provide an employee with additional information such as information on how long data is being stored and the right to have inaccurate data concerning them corrected.

Data Breaches:

Mandatory reporting of data breaches has also been introduced.

At the moment only some organisations are obliged to do this. Once the GDPR comes into force, all organisations will be obliged to report any data breaches to the Data Protection Commissioner within 72 hours.

Breaches that are required to be reported are those that are likely to bring harm to an individual. In addition any concerned individual needs to be informed about the breach also.

A failure to report it could result in a fine, as well as a fine for the breach itself.

Data Protection Officers:

Some companies will be required to appoint a Data Protection Officer. Such organisations include:

Public authorities
Organisations whose activities involve regular and systematic monitoring of data subjects on a large scale
Organisations who process what is known as a sensitive personal data on a large scale.

Recommendations

If your organisation is compliant under the existing law, your approach will be valid under GDPR.

The following are the main principles of Data Protection.We recommend that you make sure that your organisation is compliant with these, as this will vastly help you in the case of any inspection under GDPR:

Advise all employees that you are collecting data about them, why you do this, who your Data Controller is and who may have access to it.
Obtain and process information fairly
Keep it only for one or more specified, explicit and lawful purposes
Use and disclose it only in ways compatible with these purposes
Keep it safe and secure
Keep it accurate, complete and up-to-date
Ensure that it is adequate, relevant and not excessive
Retain it for no longer than is necessary for the purpose or purpose
Give a copy of his/her personal data to that individual on request
The GDPR introduces a number of significant changes that every employer must be aware of and be sure to comply with, in order to avoid significant penalties.. We recommend that Employers;

Review their existing Data Protection policies to ensure that they reflect the new changes.

Ensure to report any breach that is likely to bring harm to an individual, as well as informing the concerned individuals.
Consider whether their company are obliged to appoint a Data Protection Officer.
Finally, here are a few questions to bring you one step closer to being compliant:

What data do you hold?

Why are you holding it?
How long will you retain it?
Is it safe?

This update is provided by the MSS HR Support Service. For further details on the General Data Protection Regulations or on other HR services please email hr@mssirl.ie.

Retirement Age deemed discriminatory!

Wed, 04 Oct 2017 13:29:18 GMT

In a recent case, a book-keeper was awarded €12,000 from her former employer, a small retail company, for age discrimination, having forced her to retire at 66, despite there being no issues with her competence. Having worked for the Company for 12 years, the employee was forced by the company to retire at 66.

The Employee expressed a desire to remain in employment with the company and in response to this she was offered a fixed-term contract immediately following her retirement, an offer which she refused.

There was never a contract of employment/statement of terms issued to or signed by the employee, therefore it could not be argued that she had consented to the mandatory retirement age. Apparently the Company had previously tried to introduce them but the employer failed to do so when met with resistance from the employees.

The company’s contention was that the retirement age was necessary for the management of its business and also argued that there was an implied term and an oral contract with the employee that she would retire at 65 and that the setup of the Pension scheme in 2004 “clearly foresaw” a retirement age at 65.

On hearing the case, the Adjudication officer was satisfied that the claimant had established a Prima Facie case of Age Discrimination and the employer had failed to provide any objective justification for enforcing a retirement age.

The Adjudicator found that the employer’s explanation for justifying a retirement age was a “somewhat vague, anachronistic and unlawful view that it had the right to terminate employment at sixty five because it was traditional to do so. It (the company) seems have held this view honestly, in that it held the complainant in high regard as an employee and there was no element of any reflection on her conduct or competence.”

This case serves as an important reminder that employer’s must be able to demonstrate that they can objectively justify that the use of a retirement age achieves a legitimate aim for the Company or they face the threat of being found guilty of Age Discrimination. It also highlights that whilst having a retirement age in a contract or a Pension scheme does not automatically serve as a defence for Employers.

For further details on the Retirement Age or on other HR services please email hr@mssirl.ie.

EU Travel Traffic Light System

Fri, 04 Nov 1020 16:54:17 GMT

EU TRAVEL TRAFFIC LIGHT SYSTEM

The New EU Travel System has come into effect but what difference if any, will it make to our travel arrangements for the rest of 2020?

WHAT IS IT?

A system of traffic light colour coding which has been adopted throughout most of Europe which will prescribe when people will be required to isolate when they travel.

This system has not changed the overall recommendation not to travel but is there to provide guidance to those who have to travel. The coding is done as follows:

Green : - 14-day incidence rate is below 25 per 100,000, and
Positivity rate is below 4%

Orange : - 14-day incidence rate is below 50 per 100,000, and
Positivity rate is above 4% OR
14-day incidence rate is below 150 per 100,000, and
Positivity rate is below 4%

Red : - 14-day incidence rate is above 150 per 100,000, and
Positivity rate is above 4%

WHAT ARE THE RESTRICTIONS?

If you depart or come from a RED region, you must restrict movements for 14 days.

If you come to Ireland from an ORANGE region and you have proof of an approved negative PCR test which was taken three days before arrival, then there will be no restrictions.

If you come from a GREEN region you will not be restricted.

WHAT IF RATING CHANGES WHILST AWAY?

You will be governed by the status of the country you are leaving.

WHAT ABOUT INTERNATIONAL TRAVEL?

This system does not extend to international travel with the recommendation being that it is still unsafe.

DOES THIS CHANGE ANY PRACTICES FOR EMPLOYERS?

The protocols remain the same as before.

Employees should be reminded of the return to work protocols and of the procedures when applying for annual leave to travel. Employers should remind all employees that when applying for annual leave employees will be questioned whether they intend to travel abroad.

Whilst the Company will take into account the need for rest and recreation of employees and to reconcile family responsibilities, employees should be made aware that annual leave requests will be considered on a case by case basis and may be refused in circumstances where the company is unable to accommodate any 14-day quarantine period.

It is recommended that employers, in advance of leave being sought or approved, advise the employee that they must produce the required evidence to support their status when they are returning to work, including evidence of arrival in Ireland.

It is important that everyone operates in line with these procedures as otherwise it may result in a resurgence of Covid 19 and further level 5 restrictions. It is everyone’s responsibility to comply with the protocols and by employers applying them properly it is encouraging all their workforce to do so as well.

FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690