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COVID-19 Planning Ahead

Apr 20, 2020

EMPLOYER UPDATE


Planning Ahead 


For businesses and HR Practitioners, with the possibility of light at the end of the lockdown tunnel, now is the time to start forward planning to ensure that, whenever restrictions are lifted and businesses are permitted to reopen, both the business and its employees are ready to resume work. The following are some key areas to focus on to make sure that your business is sufficiently prepared;


Returning Employees to Work

Depending on the Government’s direction, a phased return to work may be necessary for some or all employers to allow the business to get up and running, which means the business may not need everyone back at the same time. In those circumstances, employers will need to decide how to select who will return to work first ensuring they use a fair and objective criterion when doing so.


Employers who have laid staff off, should also keep a watch on the changes that were made to Section 12. Redundancy Payments Act 1967 from 26 March 2020 which prevents claims of redundancy from employees who have been laid-off or kept on short-time due to Covid-19.


This exemption is due to end on the 31st May 2020, and unless this is extended employers may face redundancy claims from employees who remain on lay-off/short time beyond this date. This may impact decisions for employers on who is to return to work first.


Once selections have been made, employees will need to be contacted to advise them when the period of lay-off or short-time working will cease and of their return to work date, remembering to give as much notice as possible, as employees on lay-off may have been employed elsewhere during the “emergency period”.


Action: Begin to prepare letters for when you need to notify employees, to ensure selection is fair and avoid unnecessary delays.


Health and Safety

Employers must consider the safety, health and welfare of employees returning, in line with their Duty of Care under the Safety, Health and Welfare Act. Guidance from the government should be strictly adhered to. Employers should update risk assessments prior to employees returning to work/returning to normal duties, to ensure that any control measures that are necessary to prevent any possible spread of COVID-19 are in place i.e. rearranging offices, online meetings etc. and that employees are fully briefed and confirm their understanding of them before returning to work. Absence and return to work processes should also be reviewed and confirmation should be sought from employees in advance of their return to protect against any risk of COVID-19.


Action: Update H&S documentation and training material/PPE to incorporate COVID 19 measures.


Collective Redundancies

With a significant downturn in the economy predicted, some employers may unfortunately be faced with the need to implement redundancies or may have identified more efficient ways of working, resulting in fewer employees needed, within their organisations. Employers should be careful to seek advice in advance of any such action, however. Fair procedures must be applied at all stages where redundancies are being considered. Depending on the number of roles being declared redundant and the size of the workforce, Collective Redundancy legislation may apply, entailing more specific notice and consultation periods. Failure to adhere to fair procedures, may result in claims under the Unfair Dismissals Act 1978.


Action: Review staffing levels and work practices to identify potential efficiencies.


Annual Leave

Many employees will be returning to work with an accumulation of annual leave, which employers may struggle to allow them to take within the leave year. In this regard, employers may want to consider relaxing their annual leave policies and allowing for a carryover of leave into the next leave year. It should be noted that the annual leave year for the purpose of the Organisation of Working Time Act 1997 is from the 1st April to the 31st March. Under this legislation, annual leave can be carried forward into the first six months of the following leave year (1st April -30th September) with the agreement of the employee or if contractually provided for.


Where agreement is reached this should be recorded. Employers should ensure they have a strategy in place for managing the excess annual leave which employees will have accrued.


Employers should ensure that management are fully briefed on the details of their employee’s remaining annual leave for this year so that everyone is clear on where they stand and can plan accordingly.


Should an employer wish to specify when employees may take their leave, then there should be consultation on this at least one month before the leave date and should take into account proper rest and recreation for the employee and their family.


Action: Review outstanding leave entitlements and plan how they are to be used up without affecting the business.


Compassionate/ Bereavement Leave

As a result of social distancing measures, funeral masses are presently limited to family members only during the emergency period. Memorial services may take place when it is over. Employers should expect to receive requests for time off for attendance at these and so should consider their position. Although not legally required, many employers operate policies on bereavement/compassionate leave.


Action: Review these policies and decide whether to adjust them temporarily to facilitate leave for these unique circumstances or require annual leave/unpaid leave should be taken. Employers that do not have expressed Bereavement/compassionate leave policies should also prepare for what their position on such ceremonies will be.


Working From Home

This pandemic has forced employers to implement flexible working arrangements which would not normally apply and have trusted their employees to carry out the work which they were employed to do, from their home. Employers should be prepared for requests from some of their employees to continue with such arrangements. Whatever the preference of your business, you should start to decide now what your company’s position is. What would be the cost or operational implications of continuing? If it is something you wish to permit, decide fairly on what basis, and ensure that you document any agreement and the conditions applicable.


Action: Create a Home Working policy to cover H&S aspects and applicable circumstances.


Part Time Work Request

Employees who have been working reduced hours or not working at all may seek to avail of part time hours on a permanent basis. Employers should consider what their position is for such requests. Although not obliged to facilitate such an arrangement, the ‘Code of Practice on Access of Part Time Working’ provides that employers should consider requests for Part-Time Work and take account of all factors both relevant to the organisation and personal to the applicant before making a decision. Written replies to the employees detailing these reasons should be given. These requests should be considered on a case by case basis, but employers can start planning now for potential requests and the operational feasibility of them for roles within their business.


Where part time work arrangements are agreed, the conditions for same should be clearly laid out and detailed in a signed appendix to the employees Terms and Conditions.


Actions: Prepare a Part Time workers policy


Probation 

Some employees may have been employed on an initial probation period prior to being placed on lay-off/short time. Employers should check whether their contracts provide for the extension of the probation period to take into account any periods of absence, in which case they should write to employees to confirm this extension so that there is no uncertainty. However, in any case they should be careful not to extend the probation beyond a period of 11 months, as employees will benefit from full coverage under the Unfair Dismissal Act once they have accrued 12 months service.


Action: Review all new employee dates and issue update letters to all probationers.


Communication

The pandemic has had a big impact on the way in which we all communicate including employers resorting to online platforms for meetings and this has meant that businesses have honed their IT communications skills. Employers may want to consider whether these new approaches would be beneficial and could be incorporated into the workplace in the future. As social distancing measures are likely to be still in place on return, if these measures were necessary to ensure that appropriate distances are maintained, then employers may be required to continue with them initially. In doing so employers will need to review any GDPR implications to this.


Action: Update/introduce IT policies and review GDPR implications.


Contract Review

Some employers may have identified gaps in their employment contracts, in particular in relation to lay-off and short-time working clauses. Therefore, it may be a good time to review employment contracts/Employee Handbooks now to include these provisions.


Action: Review Terms and conditions


Wage Subsidy Scheme/ Welfare Scheme

Revenue may need to be contacted and payroll processes may need to be adjusted as the Wage Subsidy schemes come to an end. (Currently scheduled for the 25th June) Employers should consider now what steps will be involved, liaising closely with payroll companies and the information available on www.gov.ie and ensure that they can do so as quickly as possible to avoid unnecessary delays. Laid off employees in receipt of the Pandemic Unemployment Benefit should be reminded to contact the revenue to advise that they are now returning to work. Those operating outside of the Wage Subsidy Scheme with employees on lay-off may take longer to get back up and running.


Action: Update Payroll and prepare letters to employees advising them of any changes in pay format and potential income tax liabilities.


Employment Permits

If an employer has any employees who are employed on a Work Permit, they will need to contact the department to confirm when the employee will be returning to work.


Whilst permits due to expire have been temporarily extended, Employers should also check to ensure that any non-EU national visas are up to date and that reminders are sent to employees who have visas which are due to expire.


Action: Review all work permits currently in place and write to relevant employees on their status.


Before you make any changes to what you have done in the past, we would recommend that you seek advice to ensure that you are not exposing your business to claims from your employees.


This update is provided by the MSS HR Support Service



Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie 


Manager completing an audit

Beyond Compliance: The Strategic Impact of HR Audits

By Christina Clarkin • 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

Domestic Violence Leave Update

By MSS HR • 29 Nov, 2023
The Work-Life Balance and Miscellaneous Provisions Act 2023, introduced, earlier this year, Domestic Violence Leave, which came into effect from Monday 27 th November 2023, and aims to provide support for victims of domestic violence. Domestic Violence Leave Entitlement Employees experiencing, or at risk of domestic violence, are now entitled to 5 days paid Domestic Violence Leave, within any consecutive 12-month period. The leave can be taken without prior notice and can be used to access help from An Garda Síochána; source alternative accommodation; get a court order; seek medical attention; go to victim services organisations; seek counselling or other services. This leave will be paid at the Employee’s regular pay and will include any additional premiums and allowances. Employers will need to ensure their payroll and recording systems allow for this new leave payment and that such payments are processed accordingly. This leave may be taken together or as separate days. Notice Given to Employer When an Employee takes Domestic Violence Leave, they must inform their Employer they are going to, or have taken the leave and must also specify the dates on which the leave was taken, so that the Employer can give the appropriate support to the Employee during this time. Employers should ensure payroll are appropriately notified where any payments are required, however, bearing in mind that it is advisable only essential information is shared for the purpose of payments required. Details of domestic violence leave should be processed in accordance with General Data Protection Regulations (GDPR) and confidentiality should be maintained. The Employee is not required to provide any evidence in support of the Domestic Violence Leave. Next Steps for Employers Employers are now also required to put in place a Domestic Violence Leave Policy and to keep a record of Domestic Violence Leave for a minimum of three years. They should also nominate a designated contact person for the purpose of this policy and arrange for appropriate training. A sample Domestic Violence Leave Policy and Domestic Violence Leave Request Form are available on the MSS HR Hub. If you need any further guidance, please contact our HR Support Team and we will be happy to help you.

Sick Pay Increases Coming Soon

By MSS HR • 29 Nov, 2023
In accordance with the Sick Pay Act 2022, sick pay entitlements are set to increase to 5 days within a 12 month period, from the current 3 days, with effect from 1 st January 2024. Employers who do not operate a sick payment benefit scheme that is better than statutory sick pay, must ensure they apply the new increased entitlements and update their payroll arrangements to ensure that payment is made for five days and provide for increased payments in their annual budget. Managers will need to be made aware of the increased entitlements, as they will need to seek medical certificates from employees where statutory sick pay is being sought. Once an employee has exhausted their entitlement to employer-paid sick leave, they should move onto illness benefit, if eligible. For employers whom, to date, did not apply the statutory sick pay scheme, as they operated a more favourable company sick pay scheme, they may need to review this again to make sure that on the whole, their scheme continues to be more favourable. HR and Managers may need to update policies, contracts, sick pay policies, and any sickness absence forms to reflect these changes. Further increases will continue to take effect in the coming years with 7 days planned for 2025 and eventually 10 days in 2026. For advice or guidance on any matters relating to statutory sick pay, contact the MSS team at info@mssthehrpeople.ie

Navigating Disciplinary Procedures - Avoiding Common Pitfalls

By Hugh Hegarty • 31 Oct, 2023
Disciplinary hearings and investigations form an essential part of any workplace, acting as a corrective tool for addressing employee misconduct and performance issues whilst maintaining a just and equitable work environment. Nevertheless, employers sometimes stumble into common errors during these processes, potentially resulting in legal repercussions such as claims of unfair dismissal. To sidestep these pitfalls, employers must grasp and uphold fair procedures throughout disciplinary proceedings. Here are some of the typical missteps employers should steer clear of: Ignoring the Disciplinary Policy A common mistake for employers is that they forget to check their policies before embarking on a disciplinary process. Employers must first review and adhere to their disciplinary policies. These policies should be regularly reviewed to reflect best practices, should outline the framework for handling disciplinary matters, and should be in accordance with the Code of Practice on Disciplinary and Grievances. Ignoring your policy can lead to accusations of unfair treatment. Failing to Properly Train Managers Some employers expect Managers or Supervisors to conduct Investigations or Disciplinary processes without any training, as they wrongly assume, often to their cost, it is a straightforward process whereby you simply hand an employee a warning letter. Failure to train your managers in how to properly conduct these processes can result in them inadvertently mishandling proceedings, leading to unfair outcomes and consequential awards against your business. Unjustified Suspension It is often wrongly believed that employers reserve the right to suspend an employee once they are investigating a matter. However, employee suspension should only be employed where there is a genuine risk to the business or process if the employee remains at work during the investigation. Suspension should be a measure of last resort. Employers should seek lesser options before suspending an employee; suspension should be used sparingly and in accordance with your internal policies and should always be on full pay and for as short as possible. Absence of Impartiality Some employers assume the same manager who conducts the investigation can also issue a disciplinary sanction. However, the person conducting the disciplinary hearing should be independent and impartial. Impartial in this context means someone previously unconnected with the issues involved, the previous stages of the process (i.e., not involved in the investigation) and it does not necessarily require a third party. One individual cannot act as both the Judge and Jury where it can be avoided. Neglecting to Inform About the Right to Accompaniment Employees should be informed of their right to be accompanied by a work colleague or union representative during the disciplinary process. Legal representation is generally not required but advice should be sought where such a request is made by an employee. Avoiding Disproportionate Sanctions The outcome of a disciplinary process, especially dismissal for misconduct, should be carefully considered and ensure the sanction can be justified as a reasonable sanction, based on the circumstances. Acknowledging the Right to Appeal Employees should always be advised of their right to appeal the outcome of a disciplinary process, providing them with a chance to challenge any perceived injustices. Ensuring an Impartial Appeals Process The appeal process should be conducted by someone who was not previously involved in the disciplinary process to ensure impartiality. In conclusion, every employer should have a robust disciplinary policy in place and must follow it diligently. Failure to do so can lead to a higher risk of successful unfair dismissal claims, which can be costly and damaging to your organisation's reputation. By adhering to fair procedures, making, and keeping good notes/records, and avoiding common mistakes, employers can ensure that disciplinary hearings and investigations are conducted fairly and legally, contributing to a more harmonious and productive workplace. As always, for advice and guidance on navigating your way through disciplinary processes, don’t hesitate to get in touch with the team MSSTheHRPeople . By Hugh Hegarty
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