Updated Work Safely Protocol

December 8, 2020

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

International Hiring: A Growing Solution for Irish Employers

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

Employment Permits in Ireland: Why a “Submit and See” Approach Can Cost You

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
WRC awards €15,000 after employee kept on “specific purpose” contract for 10 years

WRC awards €15,000 after employee kept on “specific purpose” contract for 10 years

By Amy Vickers • May 7, 2026
A recent WRC decision is a very important reminder to employers that long running “specific purpose” and fixed term arrangements can create significant risk
Workplace Bullying, Harassment and Sexual Harassment Claims Are Rising

Workplace Bullying, Harassment and Sexual Harassment Claims Are Rising

By Amy Vickers • May 7, 2026
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Supporting Employees Through Pregnancy Loss

Supporting Employees Through Pregnancy Loss

By Amy Vickers • May 7, 2026
Pregnancy loss is a deeply personal experience. For employers, these situations can be equally challenging because of the uncertainty around it.
Psychological Illness Now the Leading Cause of Income Protection Claims in Ireland

Psychological Illness Now the Leading Cause of Income Protection Claims in Ireland

By Amy Vickers • May 7, 2026
significant shift in workplace health trends, with psychological illness now the most common cause of income protection claims in Ireland.

Why Employment Permits Get Delayed in Ireland and How to Avoid It

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

Avoiding Refusal: Strengthening a High-Risk Employment Permit Application

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

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.

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

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