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 May 19, 2026
Irish employers are increasingly turning to international hiring as a solution to ongoing skills shortages. This trend is particularly evident in sectors where local talent is limited and demand continues to grow. Why employers are looking overseas Common drivers include: • Difficulty filling specialist roles locally • Business expansion and growth • Increased competition for talent International hiring can provide access to a wider talent pool and support long-term workforce planning. The challenge While the opportunity is clear, the employment permit process can be complex. Employers often underestimate: • The level of detail required in applications • The importance of aligning with eligibility criteria • The potential for delays or refusals Where the process is not managed properly, the impact can be significant. Roles remain open for longer, business plans are affected, and onboarding timelines move further out than expected. Getting it right A structured and informed approach is essential. This includes: • Understanding the appropriate permit type • Ensuring the role meets eligibility requirements • Preparing a clear and robust application Where employers take the time to position the role properly and support the application with strong documentation, the process is far more likely to run smoothly. Key takeaway for employers International hiring can be a highly effective solution, but only where the permit process is managed correctly. Approached properly, it enables businesses to secure the talent they need to grow and succeed with greater certainty and less disruption. If you would like advice or support with the employment permit process, our team would be happy to assist. info@mssthehrpeople.ie | 01 887 0690
By Tara Daly May 13, 2026
A common approach we encounter is employers submitting an employment permit application and waiting to see what happens. While understandable, this approach carries significant risk. Why this approach falls short Employment permit applications are not a simple box-ticking exercise. Each application is assessed based on: • Eligibility • Justification • Alignment with current criteria If any of these elements are unclear or insufficient, the application may be delayed or refused. The impact of getting it wrong Where an application is unsuccessful: • Timelines are extended • Recruitment plans are disrupted • Candidates may withdraw In a competitive hiring market, these delays can have a real impact on the business. A role can remain unfilled for longer than expected, existing teams can come under pressure, and a strong candidate may choose another opportunity. A better approach Employers should approach permit applications as a structured process, focusing on: • Clear alignment with eligibility criteria • Strong and accurate role definition • Comprehensive supporting rationale It is far more effective to identify and address risk areas before submission than to deal with the consequences of delay or refusal later. Key takeaway for employers Submitting an application without fully assessing the risks can lead to avoidable delays. A well-prepared application significantly improves the likelihood of a successful outcome and gives the employer greater confidence throughout the process. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690
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By Tara Daly May 5, 2026
Delays in employment permit applications are a frequent frustration for employers. Many assume the issue lies with processing times or administrative backlogs. In reality, the most common cause of delay is something else entirely. The real issue: misalignment The number one reason applications are delayed is misalignment with the eligibility criteria. This can include: • Roles that are not clearly defined • Job descriptions that do not match the required skill level • Weak or generic supporting information On the surface, an application may appear complete. However, if it does not clearly demonstrate eligibility, it is likely to encounter delays or queries. Why this happens Employers often approach the process as an administrative task. In practice, each application is assessed on its merits, and clarity is critical. How to avoid delays To reduce the risk of delay: • Ensure the role clearly meets eligibility requirements • Align job descriptions with the actual duties and level of the role • Provide strong, specific supporting information It is also important to review the application from the perspective of the decision-maker. If the application leaves room for doubt, it is far more likely to be delayed while clarification is sought. Key takeaway for employers Employment permits are not delayed because of missing forms. They are delayed because the application does not clearly meet the criteria. Understanding how your application will be assessed is essential, particularly where timelines are already under pressure and the business needs certainty around a key hire. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690
By Tara Daly April 28, 2026
One of the most challenging scenarios for employers is progressing an employment permit application that appears complete, but carries a high risk of refusal. In many cases, this risk only becomes apparent once a decision has been issued. We were recently engaged by a client in the healthcare support sector who had already begun preparing an application for a General Employment Permit for a specialist role. The situation The employer had: • Identified a suitable overseas candidate • Undertaken initial steps in the application process • Prepared the necessary documentation However, they sought a review before submission due to uncertainty around eligibility. What we identified On review, it became clear that the application, as drafted, was unlikely to succeed. The risks were not immediately obvious but included: • A job description that did not clearly demonstrate the level of skill required • Duties that overlapped with roles not typically eligible for a permit • Insufficient detail in the business case supporting the hire From experience, these types of issues frequently result in refusals, particularly where roles sit close to the margins of eligibility. Why this matters A refusal does not just mean a rejected application. It often results in: • Restarting the process from the beginning • Additional recruitment delays • Potential loss of the candidate In sectors already experiencing staffing pressures, this can have a significant operational impact. Our approach We worked with the employer to: • Refine and clarify the role profile to accurately reflect its responsibilities and requirements • Distinguish the role from non-eligible positions • Strengthen the supporting documentation to clearly demonstrate eligibility and business need. This required a detailed understanding of how similar roles are assessed in practice. The outcome Following revision, the application was submitted and approved on first submission. The employer avoided: • A likely refusal • Delays in onboarding • Disruption to service delivery Key takeaway for employers Applications are not assessed solely on whether documentation is present. They are assessed on whether the role, as presented, clearly meets the criteria. Where roles are borderline or nuanced, early intervention can significantly reduce the risk of refusal. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690
Securing a Critical Skills Employment Permit: When Timelines Start to Slip
By Tara Daly April 23, 2026
Irish employers are increasingly relying on international hiring to fill key roles, particularly in sectors experiencing acute skills shortages.
April 9, 2026
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