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Return to Work Safely Protocol

May 13, 2020

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

Why Equality, Diversity, and Inclusion are so Important in Today’s Workplaces

By Tara Daly • 08 May, 2024
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

By Tara Daly • 30 Apr, 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

A Closer Look at Public Holiday Entitlements

By Tara Daly • 30 Apr, 2024
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.
Manager completing an audit

Beyond Compliance: The Strategic Impact of HR Audits

By Tara Daly • 18 Apr, 2024
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
New Codes of Practice for Employers and Employee on the Right to Request Flexible and Remote Working

New Codes of Practice for Employers and Employees on the Right to Request Flexible and Remote Working

By Tara Daly • 21 Mar, 2024
In this article, we discuss the purpose of WRC Codes of Practice for remote working and share insights into what qualifies as remote work, what elements to include in both a remote working request and an employer's response.

Navigating Difficult Workplace Conversations

By Tara Daly • 21 Mar, 2024
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

By Hugh Hegarty • 19 Feb, 2024
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?

By Tara Daly • 14 Feb, 2024
In this article we look at: - What 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. By Tara Daly

Increases to the National Minimum Wage Rate 2024

By MSS HR • 02 Jan, 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) 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 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: 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, 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 €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

By MSS HR • 02 Jan, 2024
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
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