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National Minimum Wage 2020

Jan 17, 2020

NATIONAL MINIMUM WAGE 2020


With effect from the 1st February 2020 the National Minimum Wage in Ireland will be increased to €10.10 per hour for an experienced adult worker.

Applicable Employees

The full rate is applicable to any employee who is at least 18 years of age except as detailed below;


EMPLOYEE                                      MINIMUM HOURLY RATE

 

                                                                 2019                                    January 2020


Aged 20 or more:                           €9.80*                                  €10.10*

 

Aged under 18:                                €6.86*                                  €7.07 * (70%)

 

First year from date of first

employment over age 18:           €7.84*                                  €8.08 * (80%)


Second year from date of

 first employment over

 age 18:                                                  €8.82*                                  €9.09 * (90%)

 

*per working hour


Who is an Experienced Adult Worker?

An experienced adult worker is an employee who is not:

  • under the age of 18 years,
  • or in the first two years after the date of first employment over age 18,
  • or a trainee undergoing structured training as defined by the Act.

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
  • An 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 Employment Regulation Orders (EROs) of Joint Labour Committees or Sectoral Employment Agreements (SEAs) created by Employment Collective Agreements between employers and Trade Unions.


Working Hours

Full time, part time, temporary or casual employees are all entitled to the national minimum wage for the following hours worked;

All hours where an employee carries out an activity for an employer including;

  • Overtime
  • Time spent travelling on official business
  • Time on authorised training/study during normal working hours


Excluding;

  • Time on standby/on call away from place of work
  • Time on authorised leave/notice or absent from work
  • Travelling from residence to work or to place of training


Where an employee’s hours of work are uncontrolled or unsupervised and their average pay would be not less than 150% of the minimum adult rate, they must maintain written records of hours worked and return these to the employer.


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
  • Board and/or lodging
  • Service charge paid through payroll

Note: overtime, call-out premium, service pay, weekend and public holiday premiums, unsociable hours premiums, tips or gratuities paid through the payroll and allowances for special or additional duties may not be included.

 

Pay Reference Period

The period of time over which you may calculate the average earnings (Pay Reference Period) may be a week, a fortnight and 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.


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.


Victimisation of Employees

No employer may victimise another employee for exercising their rights. 


Any employee so victimised who cannot resolve the matter with their employer and may refer the matter to the Workplace Relations Commission or where dismissed, under the Unfair Dismissals Act 1977. 


Minimum Wage in Practice

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 €11.70 per week, or an extra €608.40 gross per year.


In order to ensure that the increase in the minimum wage does not result in employers attracting a higher level of PRSI charge solely due to this increase, the employer PRSI threshold will increase from €386 currently to €395 from 1st February 2020.


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


By Tara Daly 21 Mar, 2024
The WRC has now published the long-awaited Codes of Practice for Employees on the Right to Request Flexible Working (FW) and Right to Request Remote Working (RW). The purpose of these Codes is to provide practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with requests for both remote working and flexible working. These Codes were produced under the Work-Life Balance and Miscellaneous Provisions Act 2023, which also brought about a number of other changes in the last year, including Domestic Violence Leave and Leave for Medical Care Purposes. While a Code of Practice is not legislation and failure to comply with the code is not an offence in itself, the Code of Practice is admissible in evidence in the Labour Court or to an Adjudication Officer of the WRC, and an employer’s compliance will be considered when determining any case before it. Specifically, the purpose of the Code is to: set out the detail of the processes regarding making and managing requests for flexible working (FW) and remote working (RW) including when changes are sought or made to the agreed arrangement; support employers in objective, fair and reasonable decision-making when considering requests for FW or RW; offer practical guidance on best practice to employers, employees and/ or their representatives to ensure compliance with the legislation; assist in developing workplace policies and procedures for dealing with flexible working and remote working requests so as to provide clarity, transparency and consistency for both employees and employers; provide guidance for the resolution of disputes in relation to requests for FW or RW insofar as it relates to the processing of the requests; provide information to the public in relation to the relevant enactments. FLEXIBLE WORKING (FW) The Code of Practice defines and sets down a number of examples of what constitutes Flexible Working, including; Part-time work; Term-time work; Job-sharing; Flexitime; Compressed working hours and Remote Working. REMOTE WORKING (RW) The Code of Practice outlines that all employees have the right to request Remote Working, which was defined in the Work Life Balance Miscellaneous Provision Act 2023 as, an arrangement whereby some or all of an employee's work is carried out at a place other than the employer’s place of business without change to the working hours or duties. In order for an employee to make a statutory request for FW they must have six months continuous service and must be; the parent or acting in loco parentis to a child under 12 years of age or under 16 years if the child has a disability or illness and who is or will be providing care to the child, or providing or going to provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also be in need of significant care or support for a serious medical reason. The Right to Request RW All employees have the right to request remote working from the first day of the employment; However, as with FW, the employee must complete a minimum of 6 months continuous employment before the request can be approved, and the arrangement can start. MAKING THE REQUEST  Both Codes outline that the employee must submit a request for RW or FW to the employer in writing, signed by the employee and at least 8 weeks before the proposed starting date. The request for Remote Working must set out details of the RW arrangement i.e. how many days and which days requested; and the proposed starting and end date of the arrangement, if relevant; and the reasons for requesting RW. A request for Flexible Working for caring purposes must include the following information to help the employer with the decision-making process: the form of FW being requested; the proposed starting date; and proposed duration of the FW arrangement. As an employer can ask an employee for any additional information that they may reasonably require about the person in need of care, employees are encouraged to include the following relevant documents and/or information with their original application so as to expedite the process: details of whom the request for FW for caring purposes is in respect of i.e. a child or specified person; a copy of the child’s birth certificate or certificate of placement from a registered adoption agency or Tusla (the Child and Family Agency) RIGHT TO A RESPONSE When an employer receives a request for either RW or FW they must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. The response must Approve the request; and provide an agreement signed by the employer setting out the relevant details Provide notice in writing refusing the request and setting out the reasons as to why the request was refused Give written notice that more time is needed to assess the request, setting out the timeframe for a response When considering a request for both RW or FW the employer must have regard to the needs of the business and the needs of the employee. The Codes helpfully outline a number of factors which an employer may also take into account including; the type of work; key duties, access to equipment, how manual the role is; requirement for face to face engagements and the affect the FW or RW would have on the service quality or organisational operations including the number of staff on leave or on FW or RW arrangements already. The Codes provide protection of employees from penalisation for making a request and sets out the requirement for record keeping is three years for approved FW arrangements and one year all notices either given or received by the employer, and failure to keep these records is liable on summary conviction to a fine of €2,500. Key Takeaways Employers will need to ensure that they can show that they have fully considered the requests received by the employee, that their policies reflect the Codes of Practice and that they have evidence to show that they have adhered to them. For advice and guidance on implementing these Codes of Practices in your workplace, contact the team at MSS The HR People.
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
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
By Tara Daly 14 Feb, 2024
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
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.
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
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.
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
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
By Tara Daly 31 Oct, 2023
Employers have faced uncertainty as to what they could do due to the lack of clarity in the Sick Leave Act 2022, especially regarding the legal stance when an employer operates their own sick pay scheme. The Sick Leave Act includes a thirteen-week service as a prerequisite, before providing payment from the initial day of absence. Currently, it allows for three days of sick pay within a twelve-month timeframe. The daily pay rate is set at 70% of the average daily wages earned in the thirteen weeks preceding the illness-related absence. In the case of Karolina Leszczynska v Musgrave Operating Partners Ireland (ADJ-00044889) , the employee had been with the company since 2007 and was absent for four days in January 2023. However, the company only paid for one day of this absence, which was in accordance with their own sick pay scheme. The company argued that their scheme was more favourable than statutory sick pay. Their scheme included a six-month service requirement, three days of a waiting period (unpaid), and eight weeks of full pay in a rolling 12-month period. The Sick Leave Act allows for provisions in the employment contract that are as or more favourable than statutory sick pay to apply instead. The Act stipulates that entitlement to statutory sick leave should replace any other provision, not add to it. Additionally, the Act does not apply if a company's sick pay scheme offers benefits that are “as a whole” better than statutory sick leave. To determine if a company's sick pay scheme is indeed more favourable, several factors are considered, including; the service requirement, waiting period, duration of paid sick leave, the amount of sick pay, and the reference period of the scheme. In this case, the Company did not pay for the first three days of sickness absence, and there was a six-month waiting period, as opposed to the 13 weeks required under the Ac. The good news for employers was that the Adjudicator determined that the benefits conferred under the company sick pay scheme, were “as a whole” more favourable than the Statutory Sick Pay. Furthermore, it was recognised that the primary purpose of the legislation was to provide a benefit to employees who did not have a contractual entitlement to sick leave. This decision has provided some much-awaited clarity for companies that offer their own sick pay scheme. We would remind employers that statutory sick pay is due to increase, on the 1st of January 2024, to five days, and so this may mean reassessing whether their scheme continues to be as favourable or more favourable than Statutory Sick Pay in light of these additional entitlements. Employers should consider whether they need to make any adjustments, amend any sick pay policies, and take steps to plan for the five-day entitlement in January 2024. For further guidance and information in relation to sick pay, as always, our team here MSSTheHRPeople are here to help! By Tara Daly
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