Transitional Protocol - Good Practice Guidance on Continuing to Prevent the Spread of COVID-19

January 31, 2022

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/ 


By Tara Daly December 11, 2025
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
By Tara Daly December 11, 2025
What Employers Need to Do Before Year End
By Tara Daly December 11, 2025
A Warning for Employers and the Importance of Compliance 
By Tara Daly December 11, 2025
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
By Tara Daly November 13, 2025
WRC has upheld Eir’s decision to retire a long serving technician, finding that the company’s mandatory retirement policy was justified and consistently applied.
Chinese Chef Awarded €154,828 for Gross Breaches of his Employment Rights
By Tara Daly November 13, 2025
A recent WRC decision has brought into focus the vulnerability of migrant workers and the serious consequences for employers who fail to comply with employment law.
New Employment Regulation Order (ERO) for Early Years and Childcare
By Tara Daly November 13, 2025
New Employment Regulation Order (ERO) for the Early Learning & Childcare (ELC) sector came into effect on 13 October 2025.
2025 Employment Regulation Order (ERO) for the Contract Cleaning Sector
By Tara Daly November 13, 2025
New Employment Regulation Order (ERO) for the Contract Cleaning sector, which came into effect on 17 October 2025.
The 2026 Minimum Wage Increase — What It Means for Small Businesses and How to Get Ready
By Tara Daly October 22, 2025
The increase to €14.15 per hour will have a noticeable effect on small and medium sized businesses.
WRC Award €22k for Dismissal Regarding Sexually Explicit Texts
By Tara Daly October 14, 2025
A recent Workplace Relations Commission (WRC) ruling has once again reinforced one of the most important principles in employment law.