Posts Tagged ‘employment’
Tuesday, March 1st, 2022
In case you missed the second episode of the ‘Rules of Engagement: A New Era of Work’ Series with Ronan Daly Jermyn LLP and Glandore, you can watch the replay on the link below.
Areas covered included:
• Flexible working
• Maintaining company culture
• Managing a hybrid workforce
• Global talent
• A look to the future
Voltedge Co-Managing Director and Chairperson of the National Committee of CIPD Ireland, Joyce Rigby-Jones FCIPD, M Inst D was part of the panel of experts alongside Jennifer Cashman, Employment Partner at Ronan Daly Jermyn, Aaron Doyle, EMEA HR Manger, Sendoso and Brian Kelly, Director at Corporate Care Relocation Ireland. The event will be moderated by Henry Daly, Head of Marketing at Glandore.
Watch the play back here.
Tags: company culture, employment, flexible work, future of work, global talent, Human Resources, hybrid work, Management, retaining talent, Workforce
Posted in Human Resources News | Comments Off on Voltedge CMD Joyce Rigby-Jones in the ‘Rules of Engagement: A New Era of Work’ Series
Wednesday, January 5th, 2022
COVID-19 Update
Because of the large numbers of COVID 19 cases, the Government advice on testing and how to manage the close contacts situation is evolving and our advice is to continue to check our updates and also the HSA news feeds.
As of today 5th January 2022, the rules on testing is as follows:
1.If you have COVID-19 symptoms:
- are aged between 4 and 39 then you should self-isolate immediately. You should take regular antigen tests instead of booking a PCR test. If you have a positive antigen test – then you should book a PCR test to confirm that you are COVID-19 positive. If you have repeated negative antigen tests you should still self-isolate for 48 hours after your symptoms have gone
- if you are over 40 years old you should seek a PCR test as soon as you display symptoms of COVID-19
- children aged 3 or under should be booked for a PCR test as soon as they display symptoms of COVID-19
- if you are a healthcare worker then you should still book a PCR test as soon as you show any symptoms of COVID-19
2. If you have an underlying condition which puts you at higher risk of severe disease (or if you have a clinical concern) then you should contact your GP and be advised as to what is appropriate.
Claiming Covid Benefit of €350.00 per week
You can apply for the Covid-19 enhanced Illness Benefit if you:
- Are suspected of having Covid-19 and are told by a doctor or the HSE to self-isolate or restrict your movements or
- Are diagnosed with Covid-19.
To qualify for the payment you must:
- Be aged between 18 and 66.
- Have a medical certificate called a ‘Certificate of incapacity for work’ from a doctor or have a text or letter notification from the HSE to support your application.
- Be confined to your home or a medical facility.
- Be employed in at least one of the 4 weeks before your medical certification and have a current contract of employment, if you are an employee.
- Have worked immediately before your medical certification and will have reckonable income in the current contribution year, if you are self-employed.
Statutory Sick Pay (SSP)
SSP is an employment right, which is due to come into effect over the next few months, where employees are entitled to claim 3 payable sick days.
Sick pay will be paid by employers at a rate of 70% of an employee’s wage, subject to a daily threshold of €110. The daily earnings threshold of €110 is based on 2019 mean weekly earnings of €786.33 and equates to an annual salary of €40,889.16.
From 2023, the number of days will rise to 5 days and 7 days in 2024, and eventually by 2025, employers will be required to cover the cost of 10 sick days per year for all employees, either part time or full time, temporary or permanent, once the employee has completed at least 6 month’s service with the employer, their eligibility is established once they can provide a medical certificate.
Once entitlement to sick pay from their employer ends, employees who need to take more time off may qualify for illness benefit from the Department of Social Protection subject to PRSI contributions. In regard to the requirement of a doctor’s cert, employers can “choose” to trust their employees and not require one but that it is “reasonable” to include it in the Statutory requirement.
More information can be found here.
National minimum wage
The National minimum wage is increased from the 1st of January by 30 cent from €10.20 to €10.50 per hour.
More information can be found here.
Tags: Covid19, Employees, employers, employment, Human Resources, Management, managing people, minimum wage, national minimum wage, sick pay
Posted in Human Resources News | Comments Off on What employment changes are effective from January 2022?
Tuesday, December 21st, 2021
The Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar TD, has received Government approval to accept the recommendation from the Low Pay Commission to increase the National Minimum Wage to €10.50 per hour from 1 January 2022.
This represents a 30-cent increase, or just under 3%, on the current National Minimum Wage of €10.20 per hour and will see at least an estimated 135,000 people get a boost to their wages.
This increase will also mean that those working under certain conditions, under the age of 18, 19 and 20, will receive a corresponding increase in their pay, as they are entitled to a percentage of the full minimum wage rate.
The increase in the nominal minimum wage in Ireland to €10.50 will move Ireland from having the third highest nominal minimum wage rate of the 21 EU member states that have national minimum wages to having the second highest. In 2021, Ireland’s rate was 6th in the rankings, when adjusted for purchasing power standards.
More information can be found here.
Tags: Business, Employee, employers, employment, employment law, Human Resources, Management, national minimum wage
Posted in Human Resources News | Comments Off on Tánaiste announces 30 cent increase in the National Minimum Wage to €10.50
Wednesday, December 8th, 2021
Employers have various options to consider when deciding how to treat the periods of time when employees are unavailable for work due to extreme weather or other natural events.
The company’s approach should ideally be clarified beforehand in a policy or, in the absence of one, discussed with the employees as the situation arises. It is critical that managers are urgently informed of the organisation’s position, so that consistency operates.
The importance of having an up to date emergency weather policy either in the company handbook or employment contracts cannot be over emphasised.
The following points should be considered for the policy:
- Where an employee has the capacity to carry out his or her work from home for the duration of the disruption, this should be agreed with his or her line manager. This will not be feasible for a number of roles where the employee’s presence is required.
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Where an employee cannot attend and cannot carry out his or her normal duties, the options of annual leave or unpaid time off should be presented. Daily approval of this should be required.
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Where employees arrive late or leave early, whilst some flexibility may be provided, employers may need to consider paid leave where the employees will work up the time missed at a later date, preferably within one month of the occurrence. This is usually more feasible in companies that already operate a flexi-time system. Alternatively, the option of unpaid leave or annual leave (broken into hours) may be considered.
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Should an employee be on annual leave when a weather-related event occurs and is unable to return to work due to travel restrictions, employers may use a pragmatic approach and allow the employee to extend their annual leave or authorise unpaid leave during this time.
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In the case of schools or crèches closing, an emergency leave situation may result for some staff. This does not fall under the legal definition of force majeure leave. Where the employee is unable to make alternative arrangements, annual leave or unpaid leave could be considered on a case-by-case basis.
If an employee cannot come to work due to bad weather, do I have to pay them?
If the organisation is open for work and the employee cannot attend, then they are not entitled to payment for that day. You can give employees the option to take a holiday day as an alternative to unpaid leave, although you cannot force them to take a holiday. Having an ‘Exceptional leave policy’ in place is good practice to cover you in the event of these occurrences.
Employers can also look at alternatives for the employee, if appropriate:
· Can they work from home?
· Can they perform their duties on an alternative day?
If our place of work is closed due to bad weather, do I have to pay the employee?
Yes, if the employee is available for work then they are entitled to pay for this day, even if the premises are unable to open.
Tags: adverse weather, business. human resources, emergency weather policy, Employees, employers, employment, employment contract, handbook, Management
Posted in Human Resources News | Comments Off on What do I do if my employee cannot attend work due to adverse weather?
Tuesday, November 9th, 2021
Workers to get at least 10 days paid sick leave phased in between January 2022 and 2025.
- The government’s statutory sick pay scheme will be phased in over a four-year period, starting with three days per year in January 2022, rising to five days payable in 2023 and seven days payable in 2024.
- Employers will eventually cover the cost of 10 sick days per year in 2025. The statutory days a minimum level of sick pay a company must provide but they have the freedom to offer more.
- Sick pay will be paid by employers at a rate of 70% of an employee’s wage, subject to a daily threshold of €110. The daily earnings threshold of €110 is based on 2019 mean weekly earnings of €786.33 and equates to an annual salary of €40,889.16.
- An employee will have to obtain a medical certificate to avail of statutory sick pay paid by the employer and the entitlement is subject to the employee having worked for their employer for a minimum of six months.
- Once entitlement to sick pay from their employer ends, employees who need to take more time off may qualify for illness benefit from the Department of Social Protection subject to PRSI contributions.
- In regard to the requirement of a doctor’s cert, employers can “choose” to trust their employees and not require one but that it is “reasonable” to include it in the Statutory requirement.
- The legislation will expressly state that this does not prevent employers offering better terms or stop unions negotiating for more through a collective agreement, including agreements already in place.
- The new sick pay legislation follows similar measures already introduced to enhance employment rights including paternity benefit, parental leave benefit, enhanced maternity benefit, treatment benefit, and the extension of social insurance benefits to the self-employed.
Tags: Employees, employment, Human Resources, managing people, paid sick leave, sick pay, Workplace
Posted in Human Resources News | Comments Off on Paid Sick Leave – What you need to know as an employer
Tuesday, November 2nd, 2021
Minister of State for Business, Employment and Retail, Damien English TD, has announced changes to the employment permits system for workers from outside the European Economic Area (EEA), following a comprehensive review by the Department of Enterprise, Trade and Employment. The main changes include:
- Most construction sector jobs now eligible for a General Employment Permit
- Quota to be removed for HGV driver work permits
- 350 General Employment Permits for hospitality managers
- Social Workers to be eligible for Critical Skills Employment Permit
- Dispensing Opticians to be eligible for General Employment Permit
- New General Employment Permit quotas for 1,000 Horticulture Operatives, 500 Meat Deboners, 1500 Meat Processing operatives and 100 Dairy Farm Assistants; with a strategic review of labour attraction and retention in the sector to follow
- New General Employment Permit quota of 100 for Work Riders
Construction Sector
The newly eligible roles within the construction sector are:
- Electricians
- Masons
- Roofers, Roof Tilers and Slaters
- Plumbers and Heating and Ventilating Engineers
- Carpenters and Joiners
- Floorers and Wall Tilers
- Painters and Decorators
- Construction and Building Trades Supervisors
This now means that almost all occupations in the construction sector are eligible for a General Employment Permit.
Transport, logistics and supply chain sector
In support of supply chains and cognisant of the ongoing issues facing transport and logistic operators, exacerbated by COVID-19 and Brexit, Minister English has announced that any HGV drivers recruited from outside the EEA will be eligible for an employment permit without the limitation of a quota. The quota used up so does not present an immediate constraint on labour supply has been in existence since 2017 and was extended previously in 2019. As of today, the quota is not yet fully used up so does not present an immediate constraint on labour supply.
Hospitality sector
Businesses in the Hospitality sector in Ireland employed some 260,000 people prior to the pandemic. They have suffered disproportionately from COVID-19 with unprecedented levels of temporary business closures and corresponding staff layoffs. Industry surveys from July identified significant vacancies, including at managerial levels. The Tourism and Hospitality Careers Oversight Group, chaired by Fáilte Ireland, collaborates on a number of initiatives to address labour supply and skills requirements in the sector and to help with recruitment and retention of staff.
Agri-food and agriculture sectors
Agri-food and Agriculture are experiencing unprecedented labour challenges due to the pandemic, in spite of initiatives to attract and retain staff and has identified significant unfilled vacancies prior to the reopening of international travel, the number which continues to increase with an attendant risk to supply chains and harvests. Ireland is an outlier in Europe in not having a seasonal employment permit. While legislation proceeds to rectify this, these new quotas will assist the sector.
Healthcare sector
Changes already announced in June this year made the role of Social Worker eligible for a General Permit, however the sector has provided further evidence that availability of qualified Social Workers is still insufficient to meet demand. To address this immediate recruitment challenge and as part of this Department’s continued efforts to support the healthcare system, Minister English has announced that the role will now be made eligible for a Critical Skills Employment Permit.
In addition, evidence indicates that there is a shortage of Dispensing Opticians, impacting on waiting lists. In response to evidence provided from the sector, the role of Dispensing Optician will, from today, be eligible for a General Employment Permit.
Tags: employers, employment, emplyment permit, Human Resources, Management
Posted in Human Resources News | Comments Off on What are the recent changes regarding the employment permits system in Ireland?
Wednesday, August 18th, 2021
Managing HR is challenging at the best of times! We are here to answer your queries and provide up to date HR advice on what is impacting businesses today.
Welcome to our weekly Q&A – if you have a question email us at info@voltedge.ie.
Can I change my employees’ terms & conditions when they are working remotely?
Permanent or temporary changes to terms and conditions of an employee’s contract can occur:
- With the employee’s consent.
- Without the employee’s consent, but in reliance upon a contractual provision allowing for changes of the contract, such as a variation or mobility clause.
Variations with Employee Consent
The provisions of an employment contract most affected by the impact of COVID-19 relate to remuneration, working hours and location of work. Remuneration and working hours are fundamental terms of any employment contract (as is work location but to a lesser degree). It is a general principle of contract law that the terms of a contract cannot be altered without the agreement of both parties, meaning that unilateral alterations of these provisions by an employer would generally amount to a breach of contract.
Employers must also consider the statutory protections afforded to employees. Reducing an employee’s pay and without consent may also expose employers to claims under the Payment of Wages Act 1991 before the Workplace Relations Commission, or employees may resign and claim constructive dismissal.
To implement a valid reduction in pay or working hours, without the risk of legal challenge, employee consent or agreement should be sought. In practical terms this should involve communicating with employees regarding the financial impact of COVID-19 on the business, outlining the rationale behind the proposed changes and consulting with the employees well in advance of the proposed changes to obtain the necessary agreement to reduce pay or working hours.
Once consent or agreement has been obtained, employers should record the agreed variation to the terms and conditions in writing. This can be done by way of a side letter or addition to the contract which must be provided to the employee no later than one month after the change takes effect.
Variations Through Reliance on Terms of Contract: Flexibility and Variation Clauses
Many employment contracts include a flexibility or variation clause that aims to allow employers to vary the terms and conditions of employment without any input from an employee. While the existence of such a clause in an employment contract may be of some comfort if changes are proposed, it should not be relied upon in isolation to impose changes without consultation. The Irish Courts, while accepting, that in certain circumstances alterations to terms and conditions are necessary for commercial effectiveness, have consistently held that such clauses must be exercised reasonably. It is generally accepted that such clauses are intended to permit minor non-material changes, which do not relate to core terms, such as updates to reflect changes in law or statute or a change in a work practice. Imposing pay cuts, even of a temporary nature, without consultation or consent, by reliance on such clauses is unlikely to be viewed by a Court as reasonable.
Variations: Mobility Clauses
With remote working, or some form of hybrid arrangement between home and workplace set to continue, many employers have already taken steps to reduce the capacity of their physical workplace. Reliance on a mobility clause post lockdown to relocate employees to work from home permanently, or, to introduce a hybrid working arrangement where employees are opposed to such changes is not without risk of legal challenge.
In order to successfully rely on a mobility clause to introduce significant changes to a work location, employers should provide employees with as much notice as possible of the proposed change, provide detail on the commercial rationale for the proposed changes and afford the employees an opportunity to make representations in respect of the changes before introducing such measures.
Can Employees Who Refuse to Accept Changes to Terms and Conditions be Lawfully Dismissed?
Section 6.1 of the Unfair Dismissals Act 1977-2015 (the Acts) provides that dismissals are deemed to be unfair for the purpose of the Acts unless “having regard to all the circumstances, there are substantial grounds justifying the dismissal”. Can a dismissal for refusal to accept material changes to terms and conditions, which an employer claims are essential to the survival of a business, qualify as “substantial grounds” so as to make the dismissal lawful?
The commercial rationale and full effect of the proposed changes should be sufficiently and clearly explained to employees. Given the importance of fair procedures in the Irish context, it is likely that the procedural fairness followed by an employer in seeking to introduce changes to fundamental terms of the contract will be critical.
Consideration should be given to the extent to which the burden of the proposed changes is being shared between management and employees below management level. Ideally any changes should be across the board and not targeted at lower paid employees or middle management while senior management remain unaffected. Targeting specific groups of employees can also lead to potential discrimination claims and should be avoided.
Key Takeaway: Engage and Consult
To avoid potential claims, employers who propose to implement changes to employee terms and conditions, on a permanent or temporary basis, should consider putting in place arrangements to engage and consult with them in advance. Where agreement cannot be reached, evidence of reasonableness, consultation and negotiation by the employer will be critical in successfully defending any legal challenges that may ensue.
Need more help? Voltedge Management team can help you to get advice on all aspects of human resources and management. Email Ingrid at info@voltedge.ie or ring our offices at 01 525 2914.
Tags: Business, Employees, employers, employment, employment contract, Human Resources, Management, managing people, people management, remote working, Workplace
Posted in Human Resources News | Comments Off on Can I change my employees’ terms & conditions when they are working remotely?
Tuesday, June 22nd, 2021
Voltedge Co-Managing Director Fredericka Sheppard and Úna Glazier-Farmer BL of the RIAI HR Helpdesk will hold a Free Webinar for RIAI Members on 23rd of June.
Course Aim
The aim of the course is to provide attendees with an overview of the various changes that have taken place across employment law and people management over the past year or so. It will look at the evolving workplace and the role of remote working, the associated Health and Safety requirements as a result of COVID-19, the right to disconnect and the new code of practice on Bullying as well as looking at how best to manage the evolving workplace.
This webinar will give an overview of some of the changes taking place in relation to employer responsibilities on areas such as wellbeing, right to disconnect, family leave, flexible working blended working practices, vaccination of staff, and some recent changes from the WRC.
Learning Outcomes
On completion of this course attendees should have a knowledge of;
- The new Code of Practice on Bullying and what it means for your practice
- The new Code of Practice on Right to request Remote Working and how to build out your own policy
- The new WRC practices and what they will mean
- Legislative changes to family leave and what they mean
- Tips on how to develop a flexible workplace in line with employee expectations and current work practices
- A digest of some expected legislation over the coming 12 months
- Key people management practices that will be helpful for you in navigating the evolving.
Speaker Biography
Fredericka Sheppard, Managing Director & Co Founder: Voltedge Management
Fredericka is a Chartered Member of the CIPD and a Certified Management Consultant (CMC) with the IMCA. She is currently a member of the Executive Council of the SFA and a Board Member of the Institute of Management Consultants and Advisers. A graduate of UL and NCI in Human Resources Management, Fredericka has been working in the field of Human Resource Management since the mid 1990’s since then has held a number of Senior HR Management roles with a range of organisations from multinationals, start-ups, to indigenous Irish companies across the tech, ICT and Financial Services sectors. Fredericka set up Voltedge Management in 2011 with her business partner Joyce Rigby-Jones and now provides HR Consultancy Services to organisations of varying size across Ireland and internationally.
Úna Glazier-Farmer BL, RIAI HR Helpdesk
Úna Glazier-Farmer BL, a barrister and Workplace Relations Commission Adjudicator. She has over ten years’ experience advising clients in employment law and workplace related issues and drafted the RIAI employment contracts.
How to Join Webinar
CLICK HERE TO REGISTER.
When your booking has been confirmed, you will receive instructions and a unique link to join the webinar, at the specified time and date. Note: This link should not be shared with others; it is unique to you. Before joining, be sure to check your system requirements to avoid any connection issue.
If you have any employment or workplace queries that relate to COVID-19, please email Ingrid at info@voltedge.ie or ring our offices at 01 525 2914.
Tags: employment, emplyment practices, Human Resources, Management, RIAI, webinar
Posted in Human Resources News | Comments Off on Developments in HR & Employment Practices Free Webinar for RIAI Members ONLY
Tuesday, June 30th, 2020
This webinar provides expert guidance from Fredericka Sheppard and Joyce Rigby-Jones, joint Managing Directors of Voltedge, and Karen Hernandez from Enterprise Ireland, about the steps companies should implement to support the smooth transition of employees back into the workplace. You can also learn about the supports that are available from Enterprise Ireland.
Throughout the webinar the speakers discussed:
- The role of the employer in ensuring the continued health, safety and wellbeing of employees.
- Communicating & engaging with employees around their return to the workplace
- Resource planning & restructuring of roles and responsibilities
- Supports available from Enterprise Ireland.
You can watch the webinar replay, view the slides and the Return to Workplace guide here.
Tags: back to work, covid-19, Employer, employment, Human Resources, Management
Posted in COVID-19 Support, Human Resources News | Comments Off on Watch On Demand Webinar ‘Transitioning Back to the Workplace’
Tuesday, January 14th, 2020
2019 saw Ireland move to a virtually full employment status – something we have not seen since the crash of 2008. This puts additional pressure on employers to attract and retain future employees, and engage with our current people, and there is the constant drive to push productivity, and compete effectively in an environment that is more diverse and changing than ever before.
5 tips to help you start 2020 in a positive and effective way
- Measurement: Are you measuring productivity, hours of work and general performance? Have a goal early in 2020 to do this – and/or improve on what you are doing.Employees value clear direction so putting objectives and goals in place is a win-win. Consider if you have your employees effectively utilised – are you maximising on their skills and experience? Undertake an assessment of your employees and make sure you are utilising them to their best ability.
- Environment: Introduce at least one green/environmentally friendly goal in 2020: All of us are more attuned and aware of the issues of global warming and the threat to our environment, and employers who embrace changes that support this are employers of choice.
- Productivity: One of the major issues employers struggle with is absence and time management. Take an objective to review absence and lates, and to be pro-active in managing employees (it’s normally only a small number of employees but others can become demotivated when they see abuse of this).
- Diversity: Aim to drive diversity in 2020 – this may be increasing female representation on the Board and/or management teams, but look at your recruitment policy and plans, diversity within your workforce (whether it is gender/race/age etc.) will be beneficial and valuable to all your employees and gives you a bigger pool of talent to attract from.
- Age: This is part of diversity -but we really need to plan for an ageing workforce – think about your demographics and start working on a strategy to ensure you can leverage the talent of older, more mature workers – how is this going to be achieved?
Best wishes for a prosperous and successful 2020 – Voltedge is here to help on all the above at any time. Call Ingrid on 01 5252914 or email info@voltedge.ie to speak to an expert.
Tags: employment, Human Resources, Management, Manager, Workplace
Posted in Human Resources News | Comments Off on A Good Start to 2020 – How to Leverage Productivity and Increase Your Bottom Line
Tuesday, January 14th, 2020
The working landscape is changing at such a pace with technology advances, the rise of the millennials, societal expectations and workplace disruption that attracting and maintaining employees is becoming more of a challenge.
Voltedge has identified the following trends that we believe are the challenges that employers are increasingly facing going into this new year and decade. Recognising them and being prepared to confront and respond is going to be core to ensuring ongoing success and growth for all businesses.
1/ Strategic Workforce Planning
This might sound daunting and something that only large corporates do however planning is essential for any business and doesn’t need to be complicated. Essentially it is matching your business strategy and your future plans with the people you currently employ and will employ into the future. It is a process that aligns your business needs, challenges and changes to your people strategy.
Voltedge has worked with many clients to develop a methodology to analyse the workforce to identify current and future skills gaps. This provides a clear road map for employee development and the hiring of new talent to ensure alignment with the goals of the business and ultimately the success of meeting those goals. We get very excited when we see the results of these strategic workforce planning projects come to life over months and years. If businesses want to retain and gain talent they must be embedding them into the organisation’s strategy and making them an integral part of it.
2/ Diversity & Inclusion
We have read and talked a lot about this over the last couple of years, however we believe this is an area that is going to become increasingly more critical for businesses to have integrated into their culture and policies. It applies to all types of organisations and the benefits of promoting and encouraging this type of environment leads to a much happier, positive and pro-active workforce. There are lots of ways to introduce initiatives into the workplace, not only from a legal perspective but also socially and culturally.
It can be challenging, particularly if there are individuals who are finding it difficult to embrace such diversity. Short training courses can have a very positive impact to build awareness within the organisation such as Diversity in the Workplace and Cultural Differences.
3/ Flex Work Policies
Again not new news but increasingly flexible options are being seen as important and – for some – this is more important than salaries. Therefore, this is not something that can be ignored if you are a business that wants to retain your employees and attract new talent. Particularly the younger upcoming cohort, the future of the workforce, are insisting on having flexibility whether that is working from home, flexi-time, unlimited holidays or extended leave. Businesses are now having to rethink some of their terms and policies. There is often a reluctance based on fear of introducing such policies however it is proven that they motivate the workforce and when employees are “on” they are “on”.
Employee policies and terms can be a minefield, if you are reviewing current ones or thinking of introducing new policies talk to an expert!
4/ Learning and Development
We provide many of our clients with learning and development workshops which are designed around the specific needs of the organisation. This is so important, as most of us know rolling out generic training to tick a box does not work. With the Irish talent market squeezed, holding onto good employees is increasingly more difficult. Offering clear career paths and opportunities will help retain them and supporting their progression with relevant training will not only add benefit to the growth of the business but will motivate and embed the employee into the business strategy and future. An empowered and engaged employee is productive and loyal.
These are just four areas that will be talking points for all businesses this coming year. We will be bringing you more as the year goes on and can give you advice and support on any of these to ensure you are prepared. We’d love to talk to you about how we can assist, call Ingrid on 01 5252914 or email info@voltedge.ie to speak to an expert.
Voltedge Management
Tags: Employer, employment, Human Resources, Management, Manager, Workplace
Posted in Human Resources News | Comments Off on Voltedge Top HR Trends for 2020
Tuesday, December 17th, 2019
In a recent adjudication (IRN November 2019) an IT Consultant lost his case of unfair dismissal – he had claimed that he was an employee and had developed a ‘continuous employment’ with the company.
This IT consultant had been working with this company supplying services as an independent contractor commencing in 1998 but claimed that – over time – ‘the relationship morphed into a contract of service’. He was their main IT person when he started providing services, but the business changed and grew, and by 2002, the services he was offering were full-time and he claimed that he was an integral part of the business.
In defence, the company stated that the individual had never been offered a contract of employment, and that they ceased his contract for services in August 2016.
The contractor stated that he took the same Christmas holidays as all the staff and gave all his available working time to the company. He did not sub-contract his work to anyone else, apart from one occasion, and he dealt with issues when he was away and/or on holidays.
He also stated that the cost of a training course was re-reimbursed by the company.
The Company argued that they always paid the individual on the basis of his invoices, and that he was registered for VAT. He had no entitlement to holidays/leave, and that he provided the same service to more than one business. He was not involved in team meetings (although he claimed that he was their main IT person), and never stated that he was an employee, until his services were terminated.
He was also paid a higher rate than any employee and had his own laptop and mobile phone.
The Adjudicator found that this was not a clear case as ‘each employment situation differs, and each case has to be dealt with on the basis of its particular merits, having regard to existing case law’.
In reaching her decision the Adjudicator stated that one of the points that was important was that the individual was paid ‘considerably more’ than the other IT personnel working as employees, and also he was registered for VAT, even thought this was at the request of the respondent. The adjudicator did not accept that there were such changes of significance that fundamentally altered the relationship between the parties.
This is a very interesting case highlighting the need to be very careful in determining a contract for services with a service provider versus a contract of service with an employee.
Voltedge can provide advice and support to employers in working through similar issues. We’d love to talk to you about how we can assist, call Ingrid on 01 5252914 or email info@voltedge.ie to speak to an expert.
Voltedge Management
Tags: employment, Human Resources, Management, Workplace
Posted in Human Resources News | Comments Off on Contractor loses unfair dismissal case claiming employment rights
Tuesday, December 10th, 2019
The new Parent’s Leave and Benefit Act 2019, which was signed into law on 24 October 2019, will provide parents with an additional right to leave. This right to leave, known as “parent’s leave”, will give new parents two weeks leave from employment. They will receive a state benefit of €245 per week (this is the same current rate which is paid for existing Maternity and Paternity Leave).
This new leave can be taken any time within the first year of their child being born and will be in addition to the rights already in place for maternity, adoptive, paternity and parental leave. At present, there are a considerable number of different Acts covering different rights of parents, so see below our summary of the key entitlements:
Employers are not obliged to pay employees during a period of parent’s leave, although some employers may ‘top-up’ parent’s leave. A recent IBEC survey found that as many as 18% of employers have decide to provide parent’s benefit above social welfare to all eligible employees, but 47% of employers have decided to pay no -top-up, while 34% have not yet decided. Those paying top-up will have service qualifications ranging from six months to three years, with most having a one-year service requirement.
Liz O’Donovan, Senior HR Business Consultant
Tags: employment, Human Resources, Management, Parenting leave
Posted in Human Resources News | Comments Off on Parenting Leave Entitlements
Tuesday, December 10th, 2019
Get your Business HR Brexit Ready
The CIPD’s Labour Market Outlook and Resource and Talent Planning surveys have closely monitored the impact of Brexit on employment and workforce trends, as well as market perspectives and expectations.
The scarcity of available skills and labour, potentially exacerbated by further reductions post-Brexit once free movement comes to an end, means workforce planning and development should become a priority.
Some 52% of private sector and 38% of public sector organisations responding to CIPD’s Summer 2018 labour market survey said they were only just planning to upskill their existing workforce to address the potential skills shortage. To be able to respond in due time, employers need to assign greater urgency to undertake strategic workforce planning that will help identify the skills and knowledge required now and for the future, which in turn will help to narrow down the focus of the learning and development required.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Voltedge Management
Tags: Brexit, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on HR Brexit Update
Wednesday, November 20th, 2019
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: What should I do for the Festive season to show staff we appreciate them and extend best wishes to their family too?
A: It’s a good idea to get ready for the Festive Season and here are a few ideas of things you can do to show your employees that you value them.
With only a few weeks to go, Christmas is truly upon us and so many of our client companies are already in planning mode to make this special time of the year a memorable one for staff and their families. Here are a few things that companies can organise to express their appreciation and gratitude for all the hard work and commitment during the year:
1. Decorate the Workplace– add some Christmas cheer to the workplace with decorations, a Christmas Tree and some festive treats. It will put a smile on everyone’s face in the morning and lighten spirits even if it is dark outside.
2. Organise a Family Christmas event – whether it is an office Santa Experience, family tickets to the Christmas Panto, or tickets for Ice Skating, one of the many musical Christmas shows in the local theatres – it’s a great way for employees to share in the Christmas cheer with their loved ones.
3. Nominate a Company Christmas Charityand instead of sending Christmas cards and gifts, send a donation to your chosen charity or charities, and circulate some information on that charity to your staff and customers so that they too can appreciate the difference your donation can make to a worthy cause.
4. Organise the Office Kris Kindle– put a maximum monetary value to the gift or a theme for this year, and pick out staff names, so that no one knows who’s left their Secret Santa gift under the Christmas tree this year. Handing out the Christmas gifts can be a great end of work event.
5. Corporate gifts are often sent to the sales or marketing departments. A great way to share this out across the company, is to give a gift to each employee, pull a ticket from a hat and pick your gift, or you could use it as a fund raiser for charity or the sports and social club too. That way everyone gets to share in the corporate Christmas cheer.
6. Employer tax free Non-Cash Gifts. Changes made a few years ago now provide for employers to give employees up to €500 tax free as a non-cash gift in any one year. There are many voucher options and other types of gifts that can be considered by companies as a gesture to say Thank You and Happy Christmas.
7. Lunch and Dinner events: It can be a really good bonding treat for department managers to organise a department lunch out with perhaps an early finish to recognise the season of good will and say thank you for your support and hard work during the year. The Company nights out are of course welcomed social events on the annual calendar and it’s a great opportunity for a positive message from the leadership team – communicating a message of appreciation and sharing the vision for the future ahead.
8. Card or email: and of course, don’t forget the traditional and simple Christmas Card on the desk from you to each member of your team, with a personalised message, this can be a really powerful communication from any manager.
Whatever it is you are considering to mark the Christmas Season in your company, always make sure you are fair and consistent with your actions and you’re recognising and rewarding the right behaviours.
Q: We want to give staff a little bonus for Christmas, what’s the best way to do this so that so that they are not paying huge amounts of money in additional taxes?
A: The Revenue have very good guidelines on discretionary bonuses. Generally their advice is that a cash bonus at Christmas should be put through the payroll and PAYE/PRSI and USC applied as normal. Where the bonus is in non-cash form with a value not exceeding €500 PAYE/PRSI and USC need not be applied to that benefit (covered by the one off small benefit exclusion).
If you have a question on working time, rest periods or breaks, please contact us. We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: Employer, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Your HR Questions Answered – The Festive Season
Wednesday, November 20th, 2019
Today everyone is busy! When you ask someone how they are, they invariably will answer busy. This doesn’t give you any insight into how they are actually feeling because they are probably too busy to spend the time talking to you to tell you. We live our lives in a constant state of doing and if we’re not doing we feel we should be doing so we find something to do. And then we’re exhausted and complain that we’ve so much to do and not enough time – an endless cycle or should I say sprint!
Is all this busyness actually productive and healthy?
We’re on constantly, feeling like we have to react and respond to every message, email and request instantly. This means we are not focusing on ourselves and our own goals and plans and therefore our own productivity is lessened. It also means we are not spending enough time doing the things we really want to or with the people we really care about. We jump from one activity to the next in the workplace, at home and often they are only half completed as a result which leads to more stress and dissatisfaction.
“Slow down and remember this: Most things make no difference. Being busy is a form of laziness—lazy thinking and indiscriminate action.” ~ Tim Ferriss
So, what can we do to help cure this syndrome?
1/ Have a plan and priorities
Write down all the things you have to do, or think you have to both in and out of work and ask yourself:
- What would happen if I didn’t do it?
- Does it need to be done today, tomorrow, this week/month/year?
- Am I doing it for me or someone else?
- What is the outcome of my doing it?
And then cut your list of the items that really don’t matter and prioritise the things that do. Make a plan to complete them in a timeframe and continue to build the list so you are always focusing on the stuff that matters. Include time out, walks in the park, cinema trips, meeting up with friends and family as these are things that will really put a smile on your face.
2/ Be aware of time
Value time and you are less likely to spend it in mindless busyness. Be conscious of how you are spending it, you will never get it back so don’t waste it. This mindset is difficult to learn but once you learn to treasure it you will start to live it fully.
“Time isn’t precious at all, because it is an illusion. What you perceive as precious is not time but the one point that is out of time: the Now. That is precious indeed. The more you are focused on time—past and future—the more you miss the Now, the most precious thing there is.” ~ Eckhart Tolle
Simple things like reading while waiting for appointments or sitting in a queue, listening to audiobooks or podcasts in the car or while cleaning the house, getting out for a walk or a workout at lunchtime – get creative with time and you will get more done.
3/ Apply the 80-20 rule
The Pareto principle, or the 80/20 rule states that, for many events, roughly 80% of the effects come from 20% of the causes. Find out where your 20% should be focused, which efforts and activities are yielding 80% of your desired outcomes and making you happy and which 20% are causing your problems and unhappiness. If you can identify these, you can begin to eliminate your inefficiencies and build on your strengths.
“Efficiency is doing things right; effectiveness is doing the right things.” Peter Drucker
4/ Empower yourself
We often complain about being too busy, we become a victim to it and it then becomes a mindset. We need to make a conscious decision to break that pattern and make changes, empower yourself.
5/ Rest and Sleep
With our 24/7 lifestyles and always on culture, sleep is becoming a luxury for many people. We all know how important it is, how we can’t function mentally, physically and emotionally to our full capacity without it. Don’t let your busy schedule impede on a good night’s sleep. Turn off the phone, say no and rest. Your time awake will be much more productive.
And especially at this time of year with end of year targets, social events, the intense pressure to create the most perfect Christmas along with all the other things we feel we need to be doing, it’s important to take a step back and ask yourself what’s important.
Next time you are asked how you are don’t say Busy answer with how you are actually feeling!
If you need help with time management, goal setting or planning contact Voltedge on 01 5252914 or email info@voltedge.ie to find out about our learning and development courses.
Ingrid O’Sullivan, Operations Manager
Tags: employment, Human Resources, Management, Wellbeing, Workplace
Posted in Human Resources News | Comments Off on Are You Suffering from Busy Syndrome?
Wednesday, November 20th, 2019
With the latest CSO statistics depicting just 56% of persons as having pension coverage and with what has been described as a looming pensions timebomb, there is increased spotlight on the Government roadmap for pension reform 2018-2023, as we move closer to the New Year.
Specifically, the key proposal is for the introduction of an automatic enrolment scheme by 2022. This proposed mandatory scheme would bring Ireland in line with other OECD countries where we are currently falling behind in this regard. The move would see all private-sector workers over a certain age and income level automatically signed up for a pension scheme into which the employer, the employee, and the State will contribute.
In a major review of pension systems in Ireland, the OECD found that Ireland faces challenges on the financial sustainability of its pension system as the population ages; however, Ireland’s pension spending will be comparatively low in international comparison, despite large projected increases over the next 50 years. The report states that private pension coverage, both in occupational and personal pensions, is uneven and needs to be increased urgently.
The automatic enrolment scheme was formally announced by Minister for Social Protection Regina Doherty at the end of October after she obtained Cabinet approval to go ahead with it. Although there are some criticisms, many welcome the proposal, seeing the need for supplementary savings as essential.
Following consultation groups input, the latest proposal looks like it will apply to all employees aged between 23 and 60 earning more than €20,000 a year and not already in a workplace pension scheme. Younger, older and lower paid workers can ‘opt in’. Employees will start paying contributions equal to 1.5% of salary, rising to 6% of salary in their tenth year of employment.
There will be an opportunity to opt-out or take a break but with a mechanism where they will be automatically enrolled once more after three years.
One area that generated much debate in the consultation process was the state contribution and what form this will take. Minister Doherty said this had not been resolved yet and discussions with the Minister for Finance continue. Under the original proposal, the State was going to provide an additional 2% to the savings as an incentive measure.
There were some initial concerns over the future of the State Pension scheme, but Minister Doherty insisted that there are no plans to get rid of the ‘bedrock’ of the system, that the proposed auto-enrolment will be a top up to the scheme.
These future proposals and changes to the parameters of the State pension system are an area to watch as we strive towards improved future financial stability.
Kate Sibbery, Human Resources Consultant
Tags: employment, Human Resources, Management, Pension
Posted in Human Resources News | Comments Off on The Introduction of Auto Enrolment Pensions
Monday, October 14th, 2019
Employment status is increasingly important as modern working practices, such as in the ‘gig economy’, become more commonplace. Employers need to understand what their responsibilities are in this new environment, not least because of the legal risks involved if they don’t.
A worker’s employment status is not a matter of choice. It depends on the terms and conditions of the job. Usually it is clear whether an individual is employed or self-employed. If it is not obvious, the checklists below will help in deciding this.
It is important to note that the legal tests for tax (including social welfare) purposes and to determine employment rights are not the same. When looking at the criteria, you must consider the working conditions and the employment as a whole. The main question will always be whether they work ‘as a person in business on their own account’. This will help decide if the person is a free agent with economic independence from an employer.
How to determine if an individual is an employee:
While all the following factors may not apply, an individual is normally your employee if:
- you control how, when and where the work is carried out
- they supply labour only
- you pay them a fixed hourly, weekly, or monthly wage
- they cannot sub-contract their work
- you supply the materials for the job and all equipment other than the small tools of the trade
- they are not exposed to personal financial risk in carrying out the work
- they do not assume any responsibility for investment and management in the business
- they cannot profit from the management, scheduling or performance of the work
- you set the work hours
- they carry out work for you or your business only
- you pay expenses to cover subsistence or travel
- they are entitled to extra pay or time off for overtime.
How to determine if an individual is self-employed:
While all the following factors may not apply to the job, individuals are normally self-employed if they:
- own their own business
- are exposed to financial risk (for example they may have to bear the cost of redoing faulty or substandard work carried out under the contract)
- assume responsibility for investment and management in the business
- can profit from the management, scheduling or performance of the work
- have control over what, how, when and where the work is done and whether they do it personally
- are free to hire other people, on their terms, to do the work which has been agreed on (i.e. they can subcontract the work)
- can provide the same services to more than one person or business at the same time
- provide the materials for the job or equipment and machinery necessary for the job
- have a fixed place of business where materials or equipment can be stored
- cost and agree a price for the job
- provide their own insurance cover (for example, public liability cover)
- control the hours of work in fulfilling the job obligations.
We recommend that employers conduct a review of all of their contracts for engagement of services so that they accurately establish the appropriate legal status.
Voltedge Management helps organisations develop user friendly contracts and template contracts to ensure the appropriate engagement of employees and contractors. We’d love to talk to you about how we can assist, call Ingrid on 01 5252914 or email info@voltedge.ie to speak to an expert.
Tags: Employer, employment, Human Resources, Management, Workplace
Posted in Human Resources News | Comments Off on Employment Status – The Importance of Getting It Right
Tuesday, October 1st, 2019
Earlier this year, 92 employees at Paddy Power who were denied rest breaks were awarded €90,000 in compensation by Workplace Relations Commission who found in their favour.
The recent case of A Store Manager v A Retail Pet Shop is again a timely reminder of the necessity for employers to ensure that employees are not expected to be at the employer’s disposal during daily and weekly rest breaks.
These recent legal trends in Ireland are very much in line with EU direction on this – focusing on providing employees with adequate rest breaks and on protecting the quality of employee downtime.
In the case of A Store Manager v A Retail Pet Shop, the Complainant lodged a number of claims for alleged breaches of the Organisation of Working Time Act (“the Act”) following the termination of her employment.
The Complainant alleged that the employer had breached her rights under Section 13 of the Act by requiring her to remain available to take work calls during her weekly rest periods. She claimed that had been instructed by her manager that she was required to have her work phone switched on at all times even when she was off duty and claimed that the manager constantly called her on her days off about minor issues and that this disrupted her family and personal life regularly and interfered with family activities.
Records of telephone calls between the Complainant and her Manager which occurred outside of her normal contractual daily working hours showed several telephone calls and text messages which occurred later than 9pm. An email sent by the Complainant’s manager to the Store Managers read as follows “I expect every Store Manager to have their phone switches on at all times, unless you are on holidays and have handed the phone over to your assistant manager, it is your responsibility to have your phone on you at all times…”.
The WRC was satisfied that the Complainant was required to be contactable by her Manager while on her weekly rest periods and that she was in effect at her employer’s disposal for that period of time. The WRC found that the requirement that the Complainant be contactable by her manager during the periods she was off duty amounted to an interruption of the Complainant’s weekly rest period and that the employer had contravened Section 13 of the Act. The WRC Adjudicator found that the Complainant’s claim in this regard was well founded.
Key takeaway:
The case is interesting as it represents a further example of the recent trend both in Ireland and the EU generally in favour of prohibiting employers from blurring the lines between working time and rest time.
While there can be some limited exceptions, as a general rule of thumb employees should be allowed to enjoy their statutory rest breaks without being disturbed by their employer.
As a reminder, all Workers are entitled to:
- A 15-minute break for the first four and a half hours worked and if they work more than six hours, they are entitled to 30-minute break.
- 11 consecutive hours rest in any period of 24 hours
- 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods mentioned above, or as an alternative your employer can give you two 24-hour rest periods in a week if it follows a week, in which you did not get any 24-hour rest periods. Unless your contract states otherwise the 24-hour rest period above should include a Sunday.
Voltedge Management
Tags: employment, employment law, Human Resources, Management
Posted in Human Resources News | Comments Off on News from the Courts – Employees Rest Breaks
Tuesday, October 1st, 2019
The Voltedge Management team of HR Consultants, Associates and support staff had a most enjoyable afternoon in the company of the CIPD Ireland Director Mary Connaughton at our recent Quarterly Off Site. It was a great opportunity for our team to discuss and explore the broad range of People Management topics that are coming up as particular important for companies.
Our team of experienced HR Professionals working across all sectors with both Irish and International clients get to see first-hand, the drivers and enablers that are so key to business success. We recognise the challenges experienced by leaders and people managers, and their need to juggle the commercial and talent management requirements while at the same time build high performing teams across all areas of the business.
This CIPD briefing and analysis of their 2019 survey was a very timely and worthwhile opportunity as Voltedge maps out our plans for the final quarter of 2019 and review of our range of services including Recruitment Management, Onboarding & Engagement, HR Compliance & Best Practice, Wellbeing & Healthy Workplaces and Management & Leadership Development.
And as we get ready to embrace the challenges and opportunities that lie ahead for 2020, this event provided us with the chance to really look and reflect on what it really is that employers and companies are concerned about for the year ahead.
The results of the CIPD HR Practices in Ireland 2019 survey threw up some very topical agenda items that we also witnessed in the support needs of our clients. Topics such as Skills & Retention, Gender Pay Gap, Diversity and Inclusion, requests for more Flexible Working models, Health Wellbeing and Mental Health etc.
Here are a few of the highlights worth looking at again and building into your plans for 2020.
This is a good time to look at planning and budgeting for the future needs of your talent. Remember to get in touch and talk to any one of our experienced HR Specialists to assist you map out your requirements and align your people strategy with your business strategy. We’d love to talk to you about how we can assist, call Ingrid on 01 5252914 or email info@voltedge.ie to speak to an expert.
Voltedge Management
Tags: employment, Human Resources, Management, Wellbeing, Workplace
Posted in Human Resources News | Comments Off on What Are Employers Really Concerned About For The Year Ahead?
Tuesday, October 1st, 2019
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: What is an intern and how should they be treated in the work context?
A: In the absence of any definite guidelines, the terms and conditions of internships vary considerably from business to business. However, all employers need to be aware that, depending on the circumstances of the internship and the actual nature of the engagement/work being undertaken, there is a risk that the intern may be found to be an employee. As a rule of thumb, a genuine internship will generally be for a relatively short period of time and the intern will be engaged mostly to “observe/train” rather than actually work.
Q: Do I need to give my intern a contract, seeing as they are not an employee?
A: When engaging an intern, ensure you have a written agreement with the intern, setting out the terms of the internship. This document should state the parties’ expectations of the internship and set out certain basic terms around training, mentoring and feedback. This document should confirm that the purpose of the internship is to give the intern an opportunity to learn about the business and should confirm that the intern is not an employee.
Q: Should the intern be given any other documents when they start?
A: Yes, the intern should be made aware of the company’s policies and procedures handbook that will be applicable during the placement. For example, the intern should be made aware of the organisation’s Anti-Bullying and Harassment policies. Similarly, they should confirm that they will abide by the organisation’s requirements with respect to confidential information. The employer should note that the provisions of the Safety, Health and Welfare at Work Act, 2005 apply to all parties in the workplace, and not just employees.
If you have a question on working time, rest periods or breaks, please contact us. We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: Contract, employment, Human Resources, Internship, Workplace
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Tuesday, October 1st, 2019
Resilience can be defined as our ability to bounce back from set-backs and to cope with a difficult or stressful time. It is often believed that we are inherently resilient or not so, however resilience is an active process and can be developed. Everyone is different, we react and respond in different ways to traumatic and stressful events in our lives.
In the workplace, the more resilient people will be better able to deal with the demands placed on them, heavy workloads, challenging environments and change. The less resilient often struggle with these which manifests itself as stress, ill health both physically and mentally and the inability to perform to their highest potential.
There are lots of ways to develop resilience and create habits that will increase the ability to perform under pressure both in the workplace and in life in general. Step forward and deal with your problems and meet the demands of daily living, and also step back to rest and reenergise yourself.
Here are some ways to help build resilience and cope better with the stresses of life:
Don’t overthink it – what’s the worst thing that can happen is a good question to ask yourself when faced with something traumatic, stressful and out of your comfort zone. There is always something worse and you have probably overcome worse in the past.
Stay connected – Relationships with friends, colleagues and family should be nurtured. Don’t withdraw when things are tough, talk and accept help from those close to you.
Set new goals – Develop realistic life goals for guidance and a sense of purpose. Do things that bring meaning to your life, creating one that feels good on the inside not one that just looks good on the outside.
Look after your health – Exercise regularly, eat well and sleep! Taking better care of your health will make you more confident, agile and fit – both inside and out.
Practice optimism – Make your thinking work for you, a positive outlook will help make you more resilient by focusing on the good rather than the bad.
Celebrate success – At the end of every day take some time to review what went well and give yourself a pat on the back. This helps train the mind to look for success rather than dwelling on negativity.
Express your emotions – Have open channels to express your feelings and emotions and ease tension. Mediation, keeping a journal, talking – are all ways of taking control and acknowledging how you are.
Be imperfect – We all have flaws and imperfections, accept them and work with them.
Learn lessons – Let go of asking “why me?” and instead focus on the positive lessons you can learn from your experience.
Learn from experience – Instead of focusing on the “why me?” focus on the positive lessons learnt.
Laugh – It is the best medicine!
Voltedge Management delivers Resilience Workshops to organisations providing an opportunity to develop and understand the need for resilience in a team and demonstrates the benefits to the business. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Ingrid O’Sullivan, Operations Manager
Tags: employment, Human Resources, Wellbeing, Workplace
Posted in Human Resources News | Comments Off on The Art of Resilience
Tuesday, August 27th, 2019
Businesses can establish a work environment that enable employees to effectively balance and fulfil their work and family responsibilities at the same time.
Recently I was attending a meeting with a new client in their boardroom and thought I heard a baby’s toy being squeezed. I assumed I was imagining it until it happened again, and then I looked across the room only to see a baby sitting in a cot in the corner playing. Her mum was one of the 2 people meeting me, and she said – oh yes that is my baby – my MD (who was with us at the meeting) is very good about allowing me to bring her in if I need to.
What a difference from 5 – 10 years ago – when women could not even consider taking much time off for maternity leave – whilst now most mothers can (with holidays and unpaid leave) take up to 12 months off following the birth of a child.
In the Irish Times recently, it showed a video of the Speaker of the Houses of Parliament in New Zealand, Trevor Mallard, feeding and comforting a 6-week-old baby of one of the MPs, whilst he still managed to control the session in the House. He hopes that he is setting the right example as New Zealand already has only the second elected world leader with its Prime Minister Jacinta Arden who gave birth and took maternity leave – she continues to champion family friendly policies throughout her country and beyond.
How can you be family friendly and continue to run a competitive, profitable, and engaging business for employees? Here are our 5 tips:
- Embrace the fact that your female employees are as critical to the business as males, and that preparing for maternity/paternity/parental leaves in a positive way can be a real plus for employees – who will show more loyalty and dedication if they know that you are genuine in supporting them.
- Make sure that your policies really are family friendly and not just covering a compliance need. Even offering a parent’s return to work course can be really helpful. Give a returning mum time to re-adjust by taking a phased return, and/or by having an induction plan (as if they are new employee – 12 months out is as good as starting a new job).
- Have social events that give families an opportunity to be involved in the workplace- this doesn’t need to be costly. Many companies offer a ‘bring your child to work day’, ‘bring your parent to work day’ (depending on what your demographics are) – or organise a fun afternoon in the summer.
- Consider flexible working if you don’t do it already- some companies have real difficulties with this as they need consistent working hours (Call centres, manufacturing line businesses etc.) but most businesses can allow some flexibility – even if it is only in place during term-time or summer time (early/late starting – time off at lunch to collect a child etc.) A flexible employer will find that this type of benefit is far more valuable than financial increases that only get taxed.
- Encourage work-life balance – yes of course you want your employees to work smart and hard, however if they are working excessive hours, working at home in the evenings, taking conference calls late into the night – and trying to manage family life – they won’t have the energy for both – they will become burnt out and your business will suffer. Work-life balance can mean that you have happy, reliable, and loyal employees who value the culture you have developed.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Tags: Employer, employment, Human Resources, Management, Workplace
Posted in Human Resources News | Comments Off on Are You a Family-Friendly Employer?
Tuesday, August 27th, 2019
Get your Business HR Brexit Ready
If the UK were to leave the EU without an agreement 1.2 million jobs across the Continent would be lost.
According to the study commissioned by the Belgian government and carried out by Leuven University, the UK would suffer the most with 500,000 job losses.
Ireland would lose 50,330 jobs, placing it among the most badly hit countries in terms of jobs lost as a percentage of its working population.
Click here to read the potential no-deal Brexit could have on Europe.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Voltedge Management
Tags: Brexit, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on HR Brexit Update
Tuesday, August 27th, 2019
With recent changes in legislation, there are more requirements on employers to issue contracts in a timelier fashion and also to be careful about content and wording – we list below some of the issues to look out for:
- Issuing a contract: Employers must now give a prospective employee either an offer letter or a full contract within 5 days of commencing the job. There are a number of basic details that must be included so if you can’t get a contract organised quickly, we suggest that you issue an offer letter with the basic legal requirements setting out the 5 core terms (Name of Employee and Employer, Address of Employer, Expected duration of contract if fixed term or temporary, Rate and Method of calculating pay and Expected normal length of working day and week) and follow up with a full contract when you have this ready
- Fixed-term contracts: These contracts are really beneficial – particularly for SMEs who can’t either afford to take an employee permanently or have a short-term need to cover. A recent ruling however has raised an issue that is important to be aware of. If you state in the fixed-term contract that you may extend it at the end of the contract period, but that there will be contingencies to be considered before you extend the contract – such as working certain hours, or completing satisfactory service – then the fixed-term contract may be considered void, as you are imposing contingencies on future employment that hasn’t been confirmed. In a recent case in the High Court a school was told that the fixed-term contract was not valid, as they had imposed contingencies that implied a permanent contract of employment – even though a fixed-term contract was given. So, ensuring appropriate wording in fixed-term contracts is essential.
- Fixed-purpose contracts: This is an excellent way of covering particular situations – such as maternity leave, long-term parental leave, etc. However, it is essential that the terms are clear. If you employ an individual to cover a maternity leave, they should not be placed on other tasks, or transferred into other work/positions as this will breach the terms of the contract. Again, care must be taken in the application of this contract.
- What if you have NO contract in place? Don’t panic- you are non-compliant, and the main issue is to ensure that you resolve this. Issuing retrospective contracts is certainly better than no contract – just take care again in the wording and the detail and take advice if the employee is unhappy or unwilling to sign the contract.
Employment contracts – well written and appropriate – are both essential and very valuable for both the employer and employee -so taking the time to ensure that they are compliant, appropriate and customised to suit the business – is really worthwhile. For further information please contact Voltedge for expert advice. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: Contract, Employer, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Employment Contracts – Are Your Contracts Compliant?
Tuesday, August 27th, 2019
New Parental Leave Regulations effective September 1, 2019 – employees will be entitled to 22 weeks unpaid parental leave which is an additional 4 weeks on current entitlements. This will then increase by a further 4 weeks to 26 weeks from 1 September 2020.
The new Parental Leave Act also increases the maximum age of the child for whom parental leave can be taken, allowing parents to take parental leave for children up to 12 years of age – instead of 8 years.
Employees will be able to take the leave in blocks, and this is clearly stated in the legislation, however many employees reach agreement with their employers to take the leave in other forms – such as 1 day per week.
Employers need to consider what is suitable for their business, as they will need to allow for parental leave, but also enable the business to run, and small organisations may find certain types of leave too difficult (such as an employee in a Call Centre or Manufacturing taking 1 day/week). The employer must consent to leave taken in other forms as opposed to 1 or 2 blocks.
Larger companies can agree to, and manage, fragmented parental leave, so it is vital to word the parental leave policy to ensure it is both compliant with the new legislation, but also workable for the organisation.
There is no data available on the number of employees availing of parental leave as it is unpaid (unless otherwise agreed by companies), however it is clear that many females avail of further parental leave at the end of maternity leave, and again to have more time with young children.
More data will become available from November 2019 onwards, as this new scheme will provide 2 weeks paid parental leave during the first 12 months of a baby’s life – this leave will be available for either the mother or father of the child.
Voltedge supports clients in wording their policies to ensure that the policies are appropriate for the organisation, as well as ensuring compliance.
Voltedge Management
Tags: Employer, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on New Parental Leave Regulations and Their Impact on Employers
Tuesday, July 23rd, 2019
Every employer wants a motivated employee that is proactive, driven, focused and will go above and beyond for the organisation. These are the type of employees that add real value and can help transform businesses. So how do organisations find such employees and how do they keep them motivated?
Organisations use different ways to motivate employees, depending on the type of business, industry and desired outputs. One of these is performance related pay.
Employee performance essentially involves quality and quantity of output, their presence at work, timeliness of output and helpful nature. There is an increasing trend with large companies utilizing performance related pay policies, such as IKEA, PepsiCo and AXA Insurance.
Axa has recently implemented a new pay agreement, this is in line with staff performance ratings which has been negotiated with their unions. This pay agreement will drive pay increases and there was a very high united ballot by the employees to introduce this scheme – where an employee can potentially drive an additional 0 – 3.25% additional payment depending on their performance ratings.
For performance related pay to be truly effective the organisation must follow correct procedure. This includes having effective arrangements in place to define, measure, appraise and manage the performance of each employee. Truly effective performance management programmes work because the senior management team are committed to fairness, transparency and good application.
Key advantages of a performance related pay policy include:
- Managers can use a defined framework for setting goals.
- Improved individual productivity and performance.
- Effective way of dealing with poor performance, easier to measure if an employee hasn’t reached targets
- Can assist in retaining staff
- Provides a direct incentive for employees to achieve defined work targets and goals
- Clearly defines what the company wants to achieve
- Gives a platform for a performance based company culture
However, to create a sustainable high-performing workplace, there must be a healthy balance of both financial and non-financial rewards. This must be carefully designed to ensure that the employees feel they are truly supported. Utilizing solely a performance related pay incentive can have a negative impact on your workforce and even impact the organisation’s culture.
Having a culture where the only reward for hard work is money can breed a very individualistic work environment. The phrase “one shoe fits all” really doesn’t apply here, especially when administered throughout all departments. Some employees are motivated through extrinsic rewards like money whilst others are motivated intrinsically through the performance of certain tasks.
To really achieve a motivated workforce it is essential you understand your employees and what they really value. This stems from which values the CEO feels are most important. Understanding these will really help build and influence the real culture they desire.
There is no right or wrong way to approach this system of motivation and each organisation is uniquely different. Performance related pay may be an effective policy in motivating the staff in one organisation, but well motivated employees can be motivated by other non-financial motivators such as flexible working, training and development, career progresssion etc.
For further advice or information on different and effective ways of motivating your employees and driving best behaviours, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Performance Related Pay – Is It For Your Organisation?
Tuesday, July 16th, 2019
Get your Business HR Brexit Ready
The volume of trade between Ireland and the UK, estimated at over €1 billion in goods and services being exchanged between our countries on a weekly basis, means that Ireland will wish to keep trade with the UK as open as possible.
At the same time there is likely to be a wish to capitalise on the move of multinationals out of the UK, should this arise. It was reported that the IDA have approached 1,200 multinationals to assure them that Ireland’s future remains aligned with the EU. Government sources have also reiterated Ireland’s commitment to the 12.5% rate of corporation tax.
Click here to read the potential impact Brexit could have on Ireland.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Voltedge Management
Tags: Brexit, employment, Management
Posted in Human Resources News | Comments Off on HR Brexit Update
Monday, July 15th, 2019
Since the General Data Protection Regulation (GDPR) legislation was introduced in May 2018, there has been a marked increase in the number of subject access requests from current and former employees. Some of these are being used as a litigation threat by unhappy/aggrieved employees, and there is no doubt that such requests can take up a huge amount of time by managers/employers in finding and collating data.
So, what should an employer do if you receive a subject access request?
- Put one person in charge of gathering and collating the data required for the request. Give them the time and authority to request all data.
- From receipt of the request, ensure that you are ready to provide all the data within the one-month deadline.
- If the request is linked to a particular issue/grievance/case, negotiate to refine the scope of the search for data to data explicitly linked to this particular issue. This can be really important if you are dealing with an employee or ex-employee with considerable service.
- Review all the data and make sure that it is appropriate and within the scope of the request. You need to be very conscious of not releasing any data that would compromise other employee(s)’s details, and/or compromise security/confidentiality within the organisation.
- Maintain a copy of all documentation provided to the requester.
All employers should be ensuring they have a Data Privacy Policy in place which clearly outlines either within the policy, or as a separate policy, a record retention policy which sets out the maximum retention periods for employee records and the rationale for keeping such records.
Ensure managers and HR fully understand the breadth of a data request and how to manage the process.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Employee Access Requests – What Should Employers Do
Monday, July 15th, 2019
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: I intend to install CCTV in the workplace, what should I tell my Employees?
A: You must inform Employees that you are using CCTV in the workplace. You will need to display signs telling Employees where the cameras are located. The signs should be easy to read, well-lit and positioned in places where they can be easily seen. The signs should also provide contact details for someone whom Employees can discuss the processing of their data with, for example the owner of the premises or the security company operating the CCTV system.
Q: Should there be a CCTV policy in place?
A: Yes. You should have a written CCTV policy which includes the following information:
- The identity of the company holding the CCTV footage
- The reasons why the CCTV footage is being used
- Any third parties the footage may be given to
- How you can request to see the footage held of you
- How long the footage can be held for
- How the footage will be secured
Q: What is reasonable and unreasonable use of CCTV in the workplace?
A: You must have a valid reason to use CCTV to monitor your workplace. You must also consider if using CCTV is reasonable. For example, using CCTV to detect intruders, vandals or thieves may be reasonable. However, using CCTV to constantly monitor employees would be intrusive and would only be justified in special circumstances.
If you have a question on working time, rest periods or breaks, please contact us. We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Tuesday, May 28th, 2019
Get your Business HR Brexit Ready
Despite early concerns about Brexit’s implications on employment, the proportion of employers looking to increase staff versus those looking to reduce staff has recovered strongly and remains above pre-vote levels. This indicator of continued, robust labour demand is consistent with official employment data evidencing high employment.
Click here to read the impact Brexit has on workforce trends.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Voltedge Management
Tags: Brexit, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on HR Brexit Update
Tuesday, May 28th, 2019
It’s that time of year again – the sound of lawnmowers, the smell of freshly cut grass, the bees and wasps buzzing around and the dreaded sound of the SNEEZE! That’s a sound we will be hearing more and more in the coming weeks as allergy season arrives. For some people this time of the year can be truly miserable – sneezing, wheezing, watery eyes – and it doesn’t bode well for a productive day at work.
Allergies are one of the top reasons for absenteeism particularly, at this time of year. It’s therefore important for employers to understand ways to reduce the trigger factors and minimise the effect on suffers in the workplace.
It’s easy for allergans such as dust mites, pollens and moulds – which are the most common triggers – to get trapped in office buildings. Carpets, soft furnishings and cluttered desks can be hives of activity!
So what can you do to help those affected?
1/ Dust away those dust mites
Dust mites are commonly found in the home and the eggs can easily be transported into the work environment on clothes, quickly making themselves a new home at work. Regular carpet cleaning and dusting the work area with a microfiber cloth or wet rag can help to reduce the mites in the area. Curtains should be washed frequently and if possible coats and jackets should be hung outside of the office space.
2/ Breathe easy
Ensure there is clean filtered air circulating the work environment to help reduce pollen and allergans. For hayfever sufferers this is vital, particularly at this time of the year. Make sure that windows are kept closed in the early morning and late afternoon which is when the pollen count peaks.
3/ Clean cleaning products
Many cleaning products including air fresheners release volatile organic compounds (VOCs) into the air which can irritate the lungs causing breathing difficulties. If possible use cleaning materials that are VOC free and avoid any use of plug-in and aerosol air fresheners.
4/ Allergy testing
It can be a good idea to have employees take an allergy test if many are presenting themselves with symptoms. The cause can be identified and steps taken to help minimise exposure. For example if the results show a high reaction to mould it may be that you have an underlying problem that needs addressing that you weren’t aware of. Often allergy suffers believe they are allergic to one thing when in fact it is something completely different that is setting them off.
5/ Support the sneezers
Allergy sufferers really do suffer! Supporting them by simply ensuring there are plenty of tissues available, providing sympathy, empathy and understanding can go a long way. They are less likely to be absent from work if their needs are being met and addressed and the sneezing and snuffling isn’t seen as an annoyance.
Spring is delightful time of year, even if it is a little late arriving, unfortunately though for some it’s not such a welcome relief from the long winter!
Ingrid O’Sullivan, Operations Manager
Tags: employment, Human Resources, Management, Wellbeing
Posted in Human Resources News | Comments Off on The Big Sneeze!
Tuesday, May 28th, 2019
A lecturer in Human Resource Management, who claimed she was paid less than a male colleague, has lost her case at the WRC, with the adjudicator finding she failed to make a prima facie case of both direct and indirect discrimination.
Currently today, there is now a massive campaign on reducing the gender pay gap in Ireland, which stands at 13.9%. As we await the official release of the gender pay gap information bill, there are already a number of gender pay claims that are coming to light. What this article aims to highlight is that not all pay differences are solely based on gender.
As this act gains momentum people in the workplace may be quick to act in making irrational claims justifying the reasoning behind why they are being paid different. However, it is extremely important to explore other reasons behind certain pay differences and not fall victim to the ideology behind gender inequality.
In the following case examined, a female lecture of a highly established college has made a claim against her male colleague that he has been overpaid a total figure of over €140,000 since 2009, her claim is based on gender alone.
This claim of gender pay inequality in the college was brought forward to the Workplace Relation Commission (WRC) for investigation. Shortly after the adjudicator (AO) launched their examination it soon revealed that the reasoning behind the pay difference was not based on the accusation of gender inequality. The AO found a variety of reasons, the main deciding factor being the length of service.
The details of the current pay are as follows. The female lecturer has been employed since 2006, first as an assistant lecturer and then since 2008 as a full-time lecturer receiving the current salary of €79,491 whilst her male colleague is on a salary of €86,400. She also states that she “had” to undertake a PhD which she completed in 2014 and was only reimbursed 50% by the college, while her male colleague voluntarily started the PhD and was reimbursed by 100%.
While at an initial glance and on a prima facie basis it may seem that there are potential grounds for gender pay inequality, however, this case displays how a simple investigation can often prove otherwise.
Prima facie is a term that means “based on the first impression; accepted as correct until proved otherwise”, the college and the WRC now prove otherwise. Providing the following details the college provide basic facts on how the male lecturer’s salary is clearly based on his length of service in the college alone, not his gender.
The male lecturer began his career in 1995 as an associate faculty which grants him over 14 years more experience than the female complainant. Not only based on the length of service but the male lecturer work exceeds the normal 35 hours per week and the norm of 12 hours lecturing per week. The college also made a valid point that out of the four top paid staff in the college three of them are females, removing gender pay discrimination.
The college then challenged the female complainant, disputing the fact that the comparator must be a real individual and not just a member of the opposite sex. However, the court has denied this accusation. The court later revealed the four areas that rationalised the differences in pay were tenure, qualification, experience and publications record. The college also noted that since they have formed with SIPTU in 2015 the female received an increase of €11,324 since 2009 whilst the male’s salary had increased by €1,282 in the same timeline.
The AO concluded the case that the female lecturer “failed to establish a prime facie case of direct discrimination on grounds of gender in relation to equal pay. Nor did she establish a case of indirect discrimination.” Ultimately failing to provide substantial grounds of gender pay inequality the WRC rejected the lecturers claim. This case can be used in the future to highlight the key area’s employees should analyze and to think rationally before making any gender pay gap claim.
For further advice or information, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Gender Pay, Human Resources, Management
Posted in Human Resources News | Comments Off on Length of Service Key Issue as HR Lecturer’s Gender Pay Claim Rejected
Friday, March 15th, 2019
A former general operative at a beef processor has failed in his unfair dismissal claim, after he was fired for “serious acts of insubordination”, including ignoring an instruction from a manager to return to work after he left the production line without permission.
This case outlines the numerous issues reasonable employers face today. Implementing correct procedures enables the reasonable employer to correctly dismiss incompetent workers. Following established procedures and utilising mandatory guidelines gives both sides the right to natural justice. When dealing with an issue of an insubordinate worker – what should a reasonable employer do, and how they should they do it while still maintaining best practice.
An insubordinate worker is a worker who defies authority by refusing to obey orders and this may be classified as an act of gross misconduct. If found of gross misconduct the employee should be immediately suspended depending an investigation on a prima facie basis. The key point of view from the courts is not to see if it is classified as gross misconduct but to determine whether it was substantial grounds to dismiss and to measure what a reasonable employer would do in the same position.
The complainant in this case worked for the company for a total of 13 years broken service. His most recent period from 2009 to 17th November 2016 when the employee alleged received his second complaint of gross misconduct. The first on the 6th of October for a similar case. Based on November’s complaint, it is alleged that he displayed acts of insubordination towards management and disappearing from work which ultimately led to his dismissal. The employer stated during the courts proceedings that they engaged in a process in line with best practice and delivered the complainants right to natural justice.
The complainant argues this point however, on a procedural error that he had never received witness statements, when a letter stated that he had. The complainant argues the point that he simply went to the toilet while no manager was around, informing a colleague to cover for him which led to this dismissal case.
The employer stressed his implementation of best practice offering the respondent his right to representation during the investigatory meetings and even providing an individual interpreter to aid the employee. However, he attended with no representative. The complainant’s solicitor requested a postponing of the meeting to discuss the case, which the employer granted.
During this time, the complainant claimed that the employer did not use fair procedural grounds as he failed to take any submissions from other witnesses and failed to execute a cross examination. In the complainant’s view. the dismissal was totally disproportionate, and the employer failed to interview the appropriate people and that the process was “procedurally flawed.”
The adjudication officer (AO) at the time referenced the following cases in applying the test of reasonableness. These being “Leyland UK Ltd v Swift” in which the critical element being where one employer may be reasonable, another might be different. Along with “Hennessy v Read & Write Shop LTD”, they pointed out that in holding an investigatory meeting alone was an act made by a reasonable employer.
Furthermore, the AO concluded that because the complainant left the grounds without any permission from staff, it was sufficient grounds to justify the dismissal. He also found that the employer had an established grievance and disciplinary procedure, as the complainant was given enough notice and was made aware of disciplinary meetings and of the investigation itself.
It was the complainant’s own decision not to bring a representative. It also found based on the witnesses reports that the complainant had received their statements. While not perfect, the AO concluded that the dismissal was of a sufficiently high standard and granted the case in favor of the employer thus dismissing the employee on grounds of a fair dismissal.
For further advice or information, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Insubordinate Worker “Shown Latitude”, Dismissal Upheld
Friday, March 15th, 2019
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: What is the maximum hours my Employee can work in a given week?
A: The Organisation of Working Time Act 1997 states that the maximum average working week for many employees cannot exceed 48 hours. This does not mean that a working week can never exceed 48 hours; it is the average that is important. The average may be calculated over one of the following periods:
- 4 months for most employees
- 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture or in businesses which have peak periods at certain times of the year (such as tourism)
- 12 months where this has been agreed between the employer and the employees (and this must be approved by the Labour Court)
Q: Do I include time spent on breaks, if I pay my Employees for their breaks?
A: No, time spent on break is not considered working time unless the Employee is liable to be called to work on breaks.
Q: What if my Employee takes an annual leave day, do I consider that when calculating their hours?
A: No, the 48 hours of work do not include annual leave, sick leave or maternity or adoptive or parental leave.
Q: Are there exceptions to the Working Time Act?
A: Yes, It does not apply to the Gardaí, defence forces, employees who control their own working hours or family employees on farms or in private homes. Separate regulations govern the working time of trainee doctors, employees at sea and those working in mobile road transport.
If you have a question on working time, rest periods or breaks, please contact us. We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Tuesday, March 12th, 2019
It was announced on the 6th March that the spouses and partners of Critical Skills Employment Permit (Stamp 3) holders will no longer have to apply for an independent work permit to access the Irish labour market.
Until now they could only apply for a work permit on receipt of a job offer and follow a lengthy and cumbersome process to have it approved and be eligible to work. This is no longer the case and on entry into Ireland spouses and partners will be entitled to the same conditions as a Stamp 1 holder enabling them to take up work immediately.
What does this mean to employers in Ireland?
Specifically in the tech sector where there are significant skills gaps and shortages employers are forced to source talent from outside of the country and the EEA. The Critical Skills Employment Permit was designed to attract highly skilled workers to fill these vacancies and enable Irish companies to grow and expand.
The permit holder has the option to apply for immediate family reunification which makes it very attractive. Although spouses and partners have always been able to access the labour market the administration and process involved made it difficult and often prohibitive. Therefore, these changes will now enhance the attraction and benefits of coming to Ireland on a Critical Skills.
Employment Permit for the holder and their co-dependants. It will also provide an immediate boost to the labour market here as they will be available to work themselves immediately should they wish to.
In such a competitive talent market, Ireland needs to be seen as a great place to live, work and invest in and making changes like this is critical to ensuring our economic growth and prosperity.
If you, as an employer, are struggling with hiring highly skilled people and think your roles might be eligible for permit holders, visit the following government website for all the criteria and details.
For further advice or information, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Changes to Critical Skills Employment Permit (Stamp 3) Holders
Tuesday, February 19th, 2019
Managing employee absences can be problematic at times for employers. It is important, however, to manage absences reasonably and fairly. In order to assist employers, we have put together our top 5 tips on managing staff absence.
Whosonleave.com have outlined important management tips to help employers dealing with absenteeism – and we outline these below:
Make sure that this is easy to understand, clear and every employee can access it/has a copy. It should outline all the company’s attendance requirements, expectations and check that there aren’t any loopholes – think about the issues you have had and work through the policy to see if the policy works for you
Training is essential – both with new hires, to bring them trough policies, and with your current employees to remind them of your expectations – it’s also a good time for them to talk about concerns/issues and raise them directly
Take notes! Managers should be noting any absence, conversations on return to work, calls being made to absentees etc. Documentation is vital to understand the issues, manage them and work with the employee(s), presenting details to them if needed.
We all know that it’s good to reward good behaviour instead of punishing for bad behaviour all the time. So, make sure that employees with good attendance/time records are acknowledged. This doesn’t need to be a regular reward, sometimes the best rewards are a manager’s comment saying thanks, or a voucher out of the blue.
Managers need to apply policies consistently – any gaps will be picked up and abused! Ensure managers are trained and updated, take them through examples of how they need to manage absentees to ensure consistency, and talk about informal versus formal approaches – as these can often be major areas of inconsistency.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources, Management, Tips, Workplace
Posted in Human Resources News | Comments Off on Top 5 Tips Vital to Good Staff Absence Management
Tuesday, February 19th, 2019
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: How can I fairly let an employee go during probation when they are clearly not working out?
A: There are a few steps you need to take before you notify an employee that their employment will be terminated fairly.
- Firstly, clearly outline the issues you are having with the new employee. Is it performance, conduct, behaviour, timekeeping or something else that is proving a problem and is prompting you to question if they are a good fit.
- Secondly, once you are clear that there is an issue, and you understand fully what it is – avoid making a long list of everything. You need to be fair, it needs to be reasonable, and you need to sit down and discuss it with the individual – so be realistic.
- Ensure the employee is familiar with the probation management process – how you will engage with them during that period and how you will raise any issues or matters that need to be address.
- Invite the employee to a meeting to discuss the issue – clearly set out what it is, when it happened, give a copy of the probation policy, grievance policy, disciplinary policy and maybe even the equality policy. This is not a disciplinary meeting so you don’t have to extend to them the opportunity to attend with a colleague or representation, at this stage it is an internal matter that is directly between the manager and the employee.
- At the meeting discuss the issue at hand, what it is, the impact it is having on the business/team, what it is you want them to do about it – agree a corrective action or a PIP performance improvement plan. Give them very clear outlined guidelines of what it is you need them to do and the time frame and the standard that they need to achieve etc. It’s also important that you tell them the sanction of their performance or conduct or timekeeping etc improving, so they should be clear at the end of the meeting what it is you need them to do, by when, the quality and what next steps will be if that is not achieved. You may need to consider further training, on the job coaching, or some other kind of intervention that is reasonable in assisting the new employee reach the required standard at this early stage of their employment.
- If the problem continues then you may need to call them to a disciplinary meeting, or you may need to hold an investigation etc. If you are inviting them to a disciplinary meeting, ensure you follow good practice and your company policy – don’t skip stages that you have in your policy – due process is really important. Document everything, make sure the employee knows exactly what it is you will be speaking to them, allow them the opportunity to bring a colleague or a representative to the meeting, give them every opportunity to express their views, to account for themselves, etc. Don’t pass judgement until you have allowed them the opportunity to speak and put forward their side. You may need to get someone neutral to conduct an investigation if it’s not possible to assess the accuracy or exact circumstances that have taken place – remember disciplinary action or dismissal is a serious matter and it should not be taken lightly.
- Once you know the outcome of the disciplinary meeting or the investigation, decide on the appropriate course of action that is proportionate to the incident. It could be that you decide to give them a new project to work on from start to finish, or you clarify the expected timekeeping, or you outline appropriate conduct etc. Give the individual an reasonable time to prove themselves and to correct the matter.
- If it continues, then use your policy to manage it – but don’t rush to dismiss, as it might be considered unfair. Follow you policy, give them a chance to appeal your decision if necessary and make sure you have someone in an objective position there to hear the appeal and reach an appropriate decision.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources, Management, Probation
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Tuesday, February 19th, 2019
How do your employees spend their lunch breaks? At their desks clogging up keyboards with crumbs, catching up on the headlines, emails and working? Sound familiar? It’s not really what a lunch “break” is supposed to be.
Back in the day when the Internet, let alone computers, didn’t exist or at least sit on everyone’s desks it was very common for people to go home for their lunch. Yikes, imagine taking the time to go home, eat a meal, maybe catch up on a few things in the house, chat to anyone else who was home for lunch and then go back to work feeling like you’ve had a real break ready to tackle the afternoon shift. And if it wasn’t home you were going to it was certainly to a canteen, café or quite possibly the pub for an hour. Nowadays employees might still get out, but it is most likely to pick up a takeaway, run errands and tick things off their never-ending to-do lists. Doesn’t sound like much of a “break”!
So, what can employers do to help their employees take a real break and come back to their desks feeling energised, productive and motivated for the afternoon, which quite possibly will stretch into the evening?
Get them to leave their desks!
- Have a “no-eat” at the desk policy, providing of course you have an alternative space for employees to go and eat. This will promote social engagement and interaction with colleagues which turn will promote the sharing of information, ideas and issues that otherwise are not nurtured or vocalised. Often the best ideas come from a “water cooler” chat rather than the boardroom.
- A great way to get employees engaging and away from their work stations is to provide Lunch Byte Sessions. Run a series of one-hour modules on self-development topics such as How to be successful, Personal Branding, Body Language or Wellbeing. Or invite the employees themselves to do a presentation on a day in the life of Me. Often referred to as Brown Bag lunches, the employer provides the food, which is an added incentive to attend.
- Encourage your employees to get some fresh air, even if it is a ten minute trot around the block. Unplugging for those ten minutes and having head space alone or a chat with a colleague along with that burst of energy is a great stress-buster. Incentivise them to clock up “foot miles” which can be used to redeem a voucher, a free lunch or even towards time off.
- Have you a quiet space where your employees can take a power nap? We all know tired people can be grumpy, irritable and unproductive! It is proven that a quick 15-20 minute nap during the day can have huge benefits. It will increase concentration and memory performance, making employees more productive, reducing stress levels and improving moods. In many countries such as Spain, Italy, Japan and China afternoon naps are a normal part of the daily culture.
We are recognising and understanding that the fast pace of our 24/7 always on lives can take its toll on our wellbeing. Employers have a duty of care to mind their employees. It’s a win-win initiative, as happy, engaged, awake employees are far more productive and motivated.
It’s not called a Lunch “Break” for no reason!
Ingrid O’Sullivan, Operations Manager
Tags: employment, Human Resources, Management, Wellbeing
Posted in Human Resources News | Comments Off on The Lunch “Break” – Tips for Employers
Tuesday, February 19th, 2019
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
Flynn O’Driscoll
Corporate Associate/Senior Associate
Legal Executive
Litigation Solicitor
Novi
Onsite Technical Support Engineer
PCO Manufacturing
Quality Manager
ThinScale
Social Media & Communications Specialist
Voltedge
Tech Recruiter (Contract)
Other
Office Manager
Tags: Career, employment, Human Resources
Posted in Human Resources News | Comments Off on Talent and Recruitment
Tuesday, January 22nd, 2019
Get your Business HR Brexit Ready
Brexit and employment rights: Key questions answered
- What is the current status of negotiations?
A draft agreement on the UK’s departure from the EU, along with a political declaration on the future EU-UK relationship, was endorsed by the EU27 on 25 November 2018, but has yet to be ratified by the UK. The UK Parliament is scheduled to vote on the draft agreement in the week of 14 January 2019. The below guidance is subject to the caveat that these documents have yet to be fully ratified.
- What are the key dates in the Brexit process?
- 21-22 March 2019 – The last European Council with UK participation
- 29 March 2019 – The date on which the UK is scheduled to withdraw from the EU
- Can Brexit be delayed or cancelled?
Yes, an extension to the Brexit process is possible, but would require the unanimous support of all the remaining EU Member States. The European Parliament elections in May complicate matters, as the UK would be required to field candidates if they had not yet left the EU. The UK can also cancel Brexit by withdrawing its Article 50 request (i.e. the request to leave the EU) and maintain its EU membership on its current terms.
- Will there be a transition period?
As part of the withdrawal agreement, a ‘status quo’ transition period up to 31 December 2020 has been agreed to facilitate an orderly withdrawal of the UK from the EU. The draft agreement provides for a single extension of the transition period, potentially until the end of 2022. Any decision to extend the transition period must be taken before 1 July 2020. Save for certain exceptions, EU law will generally be applicable to and in the UK during the transition period.
- How will the withdrawal agreement affect the processing of personal of data?
EU law relating to the processing of personal data will apply in the UK in respect of any processing of personal data of individuals entitled to the protection of EU law, where the data (a) was processed under EU law in the UK before the end of the transition period or (b) is processed in the UK after the end of the transition period on the basis of the draft agreement. This is unless an adequacy decision (as has been made for third countries such as Canada, New Zealand and Switzerland in the past) is made by the EU Commission with respect to the protection of personal data in the UK.
Click here to read the rest of the questions.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Voltedge Management
Tags: Brexit, employment
Posted in Human Resources News | Comments Off on HR Brexit Update
Tuesday, January 22nd, 2019
In what has been described as one of the most significant pieces of employment law in a generation – The Employment (Miscellaneous Provisions) Bill that is scheduled to come into force on 4th March 2019 is one to look out for. The new legislation aims to strengthen the regulation of precarious and casual Employment.
Speaking to the importance of the Bill, Minister Doherty said:
“I am delighted to reach this stage for one of the most significant changes to working conditions in a generation and, crucially, to have introduced legislation that will profoundly improve the security and predictability of working hours for employees on insecure contracts and those working variable hours. In a changing world, this reform ensures that the legal protections for all workers will match the conditions experienced by a modern workforce and make a real difference in the lives of thousands of workers.”
The main provisions of the bill are:
- Under the legislation, zero hours contracts will be banned except in situations of “genuine casual employment” (work done in emergency situations or short-term relief work to cover routine absences for the Employer). This is likely to have a big impact for industries where casual or a-typical contracts are more common, like tourism, retail, healthcare, fast food and hospitality in particular.
- Employers must give employees basic terms of employment with 5 core terms of employment within 5 days of employment commencing. The Bill introduces criminal liability for failure to provide the written statement of core terms within one month of employment commencing.
- Banded Hours provisions: Consider requests from employees to be put in a ‘band of hours’ that reflects the actual hours worked as opposed to the contracted hours. This will impact any employer who employs part-time or variable hours employees. There will be a new right for employees whose contract of employment does not reflect the reality of the hours they habitually work whereby they will be entitled to be placed in a band of hours that better reflects the hours they have worked over a 12-month reference period;
- A new minimum payment for employees called into work but sent home again without work. This is a new minimum payment to be paid to employees who are not required to work on a certain week or who work less than 25% of their weekly contractual hours in a particular week
- Strong anti-penalisation provisions: The Bill provides strong anti-penalisation provisions for employees who invoke their rights under this legislation.
Who will the new legislation impact? It will impact all Employers because one of the provisions is a requirement to issue core terms of employment within FIVE days of an employee starting work. If you normally issue contracts after commencement of employment, ensure that from next March you do so within 5 days of commencement of the employee’s employment. Note: This new obligation is in addition to Section 3 of the Terms of Employment (Information) Acts 1994 which requires an employer to provide a written statement to an employee outlining 15 core terms of employment within two months of commencing employment.
The five core terms of employment are as follows:
- Full name of the Employer and Employee
- Address or principal place of business of the Employer within the State
- Fixed – Term/ specified purpose contracts- expected duration /expiry date
- Rate or method of calculation of employee’s remuneration and pay reference period for purpose of National Minimum Wage Act 2000
- Number of hours which the employer reasonably expects the employee to work (a) per normal working day and (b) per normal working week
Q&A
Q: Do I have to re-issue contracts of employment to existing staff?
A: No, it is not necessary to re-issue contracts of employment for existing staff but be advised that those who do not have written statements of employment which conform to the Terms of Employment (Information) Act 1994 as amended may request a statement of terms of employment and that statement will need to be compliant with the new legislation.
Q: Are “as and when required” contracts still permitted?
A: So-called “as and when required” arrangements (where employees may refuse without consequence hours of work offered by the employer) will still be a permitted form of employment relationship once the Employment (Miscellaneous Provisions) legislation comes into effect.
Q: What penalties am I likely to face if I am in breach of the legislation?
A: The Bill will also bring strong penalties for employers who do not comply with its provisions. These include:
- Awards to employees who are not issued with the core employment terms in writing within 5 days of starting employment
- Fines of up to €5,000
- Anti-penalisation awards of up to two years’ salary
- Fixed penalty notices
- Imprisonment of up to 12 months
- Potential for personal liability for senior employees and directors where they have consented or connived in non-compliance in respect of certain offences
For further advice or information, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on The New Employment (Miscellaneous Provisions) Act 2018 – Q&A
Tuesday, January 15th, 2019
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
Flynn O’Driscoll
Corporate Associate/Senior Associate
Legal Company Secretarial Trainee
Legal Executive
Litigation Solicitor
MACE Promotions
Sales Administrator/Internal Accounts Executive
ThinScale
Social Media & Communications Specialist
Other
Administrator/Receptionist
Tags: Career, employment, Human Resources
Posted in Human Resources News | Comments Off on Talent and Recruitment
Wednesday, December 19th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: Can I let my new hire go during their probation period if they aren’t working out?
A: It is a common misconception that employees can be terminated at will during the probation period. Employers need to carefully follow natural justice and fair procedures throughout the probationary period.
Employee with less than one years’ service are not covered by the Unfair Dismissals Acts, however, they are covered by the Industrial Relations Act, and The Employment Equality Acts and may pursue a claim through these avenues if they feel a dismissal was wrongful or in breach of their equality rights.
Q: How long should a probation period be?
A: Most commonly a probation period will last six months with an option to extend up to or by a further 5 months.
It is crucial that you have the correct procedures in place for managing the probation period and that probation is clearly outlined in the contract of employment.
Q: What can I do to make sure I successfully manage the probation period?
A: Make sure you have regular review points with the new employee during the probation period to give feedback and guidance on performance or company standards. Document each stage of the process, where applicable; meetings, warnings, extensions, confirmations, terminations. Plan your probation period as part of the On-boarding process for all your new hires so that they fully understand it from the outset.
For further advice or information on company policies, please contact our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie.
Voltedge Management
Tags: employment, Human Resources, Management, Probation
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, December 17th, 2018
and What to Watch Out For in 2019
2018 saw a number of significant changes to employment law for employers . In this summary, we review some of the highlights of the year and examine what these mean for employers for the year ahead.
January
On 1st January 2018 the Mediation Act 2017 came into force and many would argue that there has been very little written on its on its relationship and impact to current employment law. One of the main reasons for this is the exemption under Section 3(1)(b) of the Act to disputes that fall under the functions of or being investigated by the Workplace Relations Commission (WRC) including disputes under Part 4 of the Workplace Relations Act 2015. The application of the act will however impact claims outside of the WRC such as bullying, contact and gender discrimination and hence employers and employees would be prudent to use mediation in the first instance of dispute resolution.
February
With the centenary of the Women’s right to vote, and Iceland’s historic decision to make gender pay differences illegal in Jan 2018, gender equality has received significant media attention this year. In response to a Eurostat 2015 statistic which highlighted the gender pay gap for Ireland at 13.9%, The Irish Human Rights and Equality Commissions Bill 2017 was proposed and passed by the Seanad in Oct 2017. Known as the Gender Pay Gap Information Bill 2017, this report gives power to the commission to require organisations that have 50 employees or more to report on the gender pay gap within their business. With this in mind and as gender discrimination is often a basis for claims in the WRC, employers may see disparities in gender treatment and pay claims more likely in 2019.
March
The high profile case of Cox Vs RTÉ 2018 in the WRC brought significant attention to the ongoing subject of age discrimination and compulsory retirement. Currently Irish law allows for mandatory retirement ages in contracts and policies within certain stipulations. This is a considered a contentious issue by many, primarily driven by the widening pension pay gap as the state increases the traditional pension retirement age from 65 to 68.
The Employment Equality (Abolition of Mandatory Retirement Age) Bill 2016 is an opposition led Private Members’ Bill and if implemented as it is currently drafted, would have the effect of restricting an employer’s ability to contractually impose a mandatory retirement age. In the interim , employers are advised to ensure that there is consistency and a definitiveness about pension wording in employee contracts and all of the supporting documentation around it such as pension scheme details, employee handbook, and internal policies and procedures to defend potential claims.
April
The issue of sexual harassment has received unpreceded media attention thanks primarily to the #me-too and #timesup social media campaigns which levelled a number of allegations of sexual misconduct at a number of high profile individuals. These movements have given women and men across the globe the much needed opportunity to speak out against sexual harassment in their workplace. This ‘fightback’ approach was evidenced recently by The Equality commission in Northern Ireland which released statistics indicating that there has been a 31% increase in sexual harassment complaints over the last 5 years. Employers are advised to take this opportunity to review their sexual harassment and diversity policies and ensuring that training to create awareness and understanding of these policies is provided and promotes that a culture where victims can come forward without fear of victimisation
May
The much publicised GDPR ( General Data Protection Regulation) 2018 came into effect on 25th May. This regulation presents significant changes to the way employers gather, retain and process personal data. While the focus on GDPR has certainly decreased in recent months, the Government’s announcement of a dramatic increase in funding for the OPDC from €1.6 million in 2011 to €15.4 million in 2019 indicates that this will increase the number of audits completed by the OPDC in 2019/20.
For employers, GDPR requires the creation of a number of mandatory policies and procedures. All employee handbooks, policies and procedures issued prior to this date referring to the Data Protection Acts 1988 to 2003 should now reflect changes. Employers should also ensure that their employee handbook references a summary of the changes and directs users to their comprehensive policies such as data breach and destruction policies and data subject rights and access request policies .
June
The Parental leave (amendment bill) 2017 was passed by the Dáil on 13th June and is now currently at second stage within the Seanad. If enacted, it will come into effect within three months of its passing. This bill extends the duration and applicability of Parental leave from 18 working weeks to 26 weeks in respect of each child and increases the qualifying age limit from 8 years currently to 12 years ( or 16 years of age where the child has a disability or long-term illness). Parents who have availed of Parental leave to date will be eligible to avail of the additional 8 weeks once enacted into law. However, given that the bill has not been established into law employers should continue to process Parental Leave requests as current law dictates while ensuring that preparations should be set in motion to allow for the implementation of the new entitlements in 2019.
July
Following review, The Low Pay Commission announced that it was recommending an increase to the minimum wage from €9.55 to €9.80 which was accepted in principal by the government. This increase, which is the 3rd Increase since the minimum wage was implemented will come into effect on 1st Jan 2019.
August
In recent years technological advances have led to a changing environment where remote working is becoming both increasingly accessible and popular. While requests for flexible working arrangements are becoming more common, the balance between ‘flexible working’ and available for work ‘24 x 7’was highlighted in a decision by the labour court to award a business executive €7,500 over repeated breaches of the Organisation of Working Time Act.
Described by law experts as “ground-breaking”, in this case (Kepak Convenience Foods Unlimited Company v Grainne O’Hara [2018]), the court found that Ms O Hara was being required to deal with out-of-hours work emails, including some after midnight, that led to work in excess of 48 hours a week. A key feature of this case was the failure of the employer to produced documented evidence to dispute the claim. With this in mind employers are reminded to ensure that accurate records of working hours are being maintained
September
Inherent bias in recruitment and selection can have a detrimental impact on a company’s brand, finances, culture and ability to hire and retain the best staff. There was extensive news coverage this month of a recent job advert published on a public recruitment website by a Dublin Based oil firm which stated ‘Persons with young children need not apply’. While this advertisement is blatantly discriminate and fortunately rare, employers are reminded of the important of addressing bias in their selection process. Employers are urged to ensure that ‘equal opportunities’ policies in place within companies are implemented in all aspects of the organisation, including employees recruitment and selection process
October
Revenue announce that The Pay As You Earn ( or Paye) system first introduced in 1960 will be moving to ‘real time’ in an effort to ‘proactively assist taxpayers in their revenue obligations’. This represents a fundamental change for employers to the way current process employee tax payments and comes into effect on 1st Jan 2019. Employers and payroll administrators are advised to become aware of these changes to ensure legal tax compliance and are holding a number of information seminars. Details of these seminars can be found on the Revenue website.
November
The focus on mental health in the workplace dominated much of the headlines this month with the publication of a report from the Economic and Social Research Institute (ESRI) research, funded by the Health and Safety Authority (HSA), that has found job stress among employees doubled from 8% in 2010 to 17% in 2015. Employees from the health sector were found to have the highest levels of stress ( 18%) followed closely by public administration (16%) and manufacturing (14%). The Occupational groups most likely to experience stress were technical/associate professional( 20%) , professionals (16%) and managers (14%).
Several International studies have shown that job stress is linked to poor physical and mental health and to negative impacts for firms through absenteeism, increased job turnover and reduced morale. This report follows the recent decision by the High Courts to award the plaintiff, Ms Hurley in Hurley Vs An Post [2018] €161,133 (including €50 K for pain and suffering) for her employers failure to address ongoing bullying and harassment in a meaningful way. This is an important reminder for all employers in regard to the duty of care owed to employees. Employers can be held liable for an employee’s bullying of a colleague which can result in mental health problems in accordance with section 8 of the Health and Safety at work Act 2005. Employers are therefore reminded of the importance to have appropriate policies and procedures in effect to deal with these types of issues and ensure that training is provided.
December
The Employment (Miscellaneous provisions) Bill 2017 passed by Dáil Eireann in July this year made significant process this month having completed its final stage in Seanad. This Bill forms part of the Government’s proposals to tackle zero hour contracts and uncertain working conditions. This bill described as “one of the most significant changes to working conditions in a generation” by Regina Doherty, Minister for Employment Affairs and Social Protection will have significant impact for employers in sectors such as retail, hospitality and tourism where the use of flexible working arrangements is widespread.
Aspects of the bill include the requirement for employers to provide new hires with a written statement of core terms of employment within five days of starting employment and makes it a criminal offence for employers to incorrectly designate employees as ‘self-employed’. The bill will also prohibit zero hour contracts “except in situations of genuine casual employment” or when they are used to provide cover “in emergency situations or to cover short-term absence”. Pending final review by the Dáil, it is anticipated that this Bill will become law in March 2019 and employers are urged to review existing arrangements for employees ensuring correct employment status and avoidance of potential criminal conviction.
So as you can see there are a number of changes taking effect from January 1st 2019. For further information on any employment law matters, contact us at info@voltedge.ie or call Ingrid on 01-525 2914.
Jacqui Sykes, HR Consultant
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Summary of Employment Law Changes 2018
Tuesday, December 11th, 2018
The Christmas period can pose tricky issues to even the most seasoned of managers. Here we cover the key areas that employers might be faced with:
Do our policies apply outside of work?
Yes, your company policies extend to cover work related events. The most relevant policies that apply in these circumstances include: Social Media, Dignity at Work, Harassment and Bullying, Disciplinary and Grievance policies.
How can I prevent issues occurring?
- Before a Company run or sponsored event, remind staff that they should abide by company policies – even when they are not on Company premises
- Ask managers to be vigilant at the event to ensure good conduct and behaviour is being observed
Consider how you provide alcohol as an employer at a company event – there are options that can be helpful such as using a drinks voucher system instead of a free bar.
What do we do if we receive a complaint?
Complaints should be dealt with in the normal manner through your grievance, disciplinary or other procedures. Dealing with any issues as quickly as possible should also help minimise potential issues.
Managing Public Holidays
Which employees are entitled to a public holiday?
An employee’s entitlement is dependent on the nature of their contact;
- All full time employees are entitled to the public holiday regardless of length of service
- Part time/casual employees are only entitled where they have worked at least 40 hours in the five weeks ending on the day before the public holiday.
What payments are employees entitled to for a public holiday?
Employees who qualify for public holiday benefit will be entitled to one of the following:
- A paid day off on the public holiday
- An additional day of annual leave
- An additional day’s pay
- A paid day off within a month of the public holiday
It is at the employer’s discretion to decide which benefit will apply.
How do I calculate public holiday pay?
- Employees who work the public holiday or who are normally rostered to work on the day the public holiday falls, then they are entitled to the equivalent pay as the last working day before the public holiday falls.
- Employees who are not normally required to work on the day the Public holiday falls are entitled to one fifth of their weekly rate of pay.
Payment for a Public Holiday is regular payment including regular shift allowances, but not variable pay such as overtime.
Are employees entitled to payment for a public holiday if they are leaving employment?
If an employee has worked the week ending prior to the public holiday AND they have worked for the employer for 4 continuous weeks, then they are entitled to payment for that public holiday even though their employment has finished.
If the public holiday falls on a weekend what do we do?
If a Public holiday falls on a weekend it does not automatically move to the following Monday as a lot of people might assume. Employers have a number of options:
- Move the public holiday to the following Monday: The most common approach is to move the public holiday to the next working day and give employees that day off.
- Recognise the public holiday on the day it falls: If an organisation normally works on a public holiday, the organisation can provide the following to the employee for working that day: A paid day off within a month of the public holiday, OR a day’s pay in lieu, OR an additional day’s pay.
Employers must give employees at least 14 days’ notice of how they will operate and which benefit will apply to them.
Time Off During Adverse Weather
If an employee cannot come to work due to bad weather, do I have to pay them?
If the organisation is open for work and the employee cannot attend, then they are not entitled to payment for that day. You can give employees the option to take a holiday day as an alternative to unpaid leave, although you cannot force them to take a holiday. Having an ‘Exceptional leave policy’ in place is good practice to cover you in the event of these occurrences.
Employers can also look at alternatives for the employee, if appropriate:
- Can they work from home?
- Can they perform their duties on an alternative day?
If our place of work is closed due to bad weather, do I have to pay employee?
Yes, if the employee is available for work then they are entitled to pay for this day, even if the premises are unable to open.
If you are unsure about what arrangements to put in place in your own business, get in touch today with our team of HR experts.
Laura Banfield, HR Consultant
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Managing the Christmas Period
Tuesday, November 13th, 2018
It’s well known that probations extended past 12 months run the risk of redress under the Unfair Dismissals Acts. However, employers also need to be aware that employees can have redress from day one of employment under section 20 of the Industrial Relations Acts 1969, or indeed the Employment Equality Acts where reasons for termination are discriminatory in the employee’s view.
Essentially, probation is a time to assess a new hire’s suitability. Employers who view probation management as a natural extension to the hiring process, who communicate well and who deftly demonstrate fair process can save themselves costly headaches in the long run.
- Align Expectations
Ensure you align expectations early by including a robust probation clause in the contract of employment. The clause should cover, at a minimum, the purpose of probation as being time to assess the employees’ suitability, the duration of the probation period, that probation review meetings will take place, that the employee can pass or fail prior to the end of the probation period, that the probation period can be extended, that probation can be paused in the event of absence, and that the full rigours of the disciplinary procedure do not apply during probation.
- Communication
Be clear and up front early on about what is expected of the employee in their role by agreeing objectives (ideally SMART). Do not wait to the end of the probation period to discuss any shortcomings. Be fair to the employee by meeting them early to address any suitability or performance concerns, affording them opportunity to improve and following up afterwards giving them clear and balanced feedback. Ensure that they are aware that these meetings are all probation review meetings. Communication early and throughout the probation period is key, not solely at the end of it.
- Follow Fair Process
Ensure that you give the employee very clear feedback on any suitability concerns you have identified, giving them adequate and reasonable time to improve. Provide them with the assurance that you will support during this time however be clear with them that non improvements puts them at risk of their employment being terminated.
- Keep a Record
Simple crafted email communications sent immediately following a meeting can support the employee’s understanding of the issue at hand, thus reducing the chance of matters being different in the employee’s view either now or at a future date, whilst also providing you opportunity to provide clarity of process and document an all-important paper trail of fair process in the event this needs to be demonstrated at a future date.
Sarah Treacy, HR Associate
Tags: employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Tips for Good Probation Management
Tuesday, November 13th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: We have a date booked for our company Christmas Party, what should we do to make sure employees know the behaviour that is expected of them without ruining the spirit of celebration this time of year?
A: The Christmas season is certainly a busy time for various office parties and Christmas lunches or dinners out, with work colleagues and it’s a time where employers want to extend their appreciation for the hard work and commitment of the employees during the year. But of course, these events can sometimes lead on to issues that can arise Under the Employment Equality Acts 1998 – 2011, or the company Dignity at Work Policy. Employers have significant responsibilities for their employees’ health, safety and wellbeing at company events even when they are outside of the workplace, – or when the employee acts without the employer’s knowledge or approval.
It can be a good time to remind employees of the company’s various policies around code of conduct and expected behaviours. So, without dampening the spirits of the Christmas season or being the party pooper, it is good practice to circulate a note to all employees as a reminder of the importance of a shared expectation of respect and dignity at work related events, and for individual managers to follow up on this in their team meetings.
The policies that are important to communicate are:
- Dignity at Work Policy and Code of Ethics Statement
- Social Media in the Workplace Policy
- Disciplinary and Grievance Policy
- Prevention of Bullying and Harassment Policy
- Timekeeping and Attendance Policy
For further advice or information on company policies, please contract our Operations Manager Ingrid on 01 5252914 or email info@voltedge.ie and she’d be delighted to brief you further.
Voltedge Management
Tags: Employee, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Tuesday, October 16th, 2018
This common expression has been around since the late 1800’s taking the idea of digestion from the stomach and transferring it to the brain. Having used this expression recently it got me thinking, no pun intended, on the effects of food on our mind and subsequently productivity and performance.
We are all familiar with the daily cycle of peaks and slumps, and although we often attribute them to food – I am hungry or I am too full – we don’t think about why exactly they are happening. Different types of food react differently with our bodies and therefore the type of fuel we put into ourselves will have varying results. Premium fuel equals premium performance!
What we eat is almost all converted to glucose which in turn provides energy to our brain to keep it alert. When glucose is running low, we become hungry and find it difficult to concentrate and pay attention. So, we eat! Very often our choice of food at this point is what will give us that much needed burst of energy the quickest – sugary, processed, calorie ridden, high fat – we all know the drill. And yes, they will give an immediate feeling of satiation, but it won’t last. The sugar crash that will inevitably come will make you feel weak, confused, anxious and the high calorie high fat foods will make you feel sluggish and sleepy, all contributing to poor performance and productivity.
The solution
Not allowing your energy levels to dip so low that you are not making informed healthy eating choices. Snacking (yes snacking which I’m quite fond of, my colleagues all know where my hidden goody drawer is, which I have to say does have several healthy options and not just the ubiquitous pack of biscuits), stops you from those big highs and dips and keeps the brain in a constant active, creative and productive state.
Food choices are the key ingredient to better performance with fruit and veg ranking high on the table. Research has shown that eating them throughout the day is great for the mind and the body. The British Journal of Health Psychology carried out a hugely interesting study where participants reported their food consumption, mood, and behaviours over a period of 13 days. Afterwards, researchers examined the way peoples’ food choices influenced their daily experiences. It concluded that the more fruits and vegetables people consumed (up to 7 portions), the happier, more engaged, and more creative they tended to be.
The reason for this is they contain vital nutrients that promote the production of dopamine which is a neurotransmitter that plays a key role in the experience of curiosity, motivation, and engagement. Additionally, they provide antioxidants that minimize bodily inflammation, improve memory, and enhance mood.
What action can employers take:
- Have a supply of healthy snacks available for employees to eat throughout the day to maintain their energy levels.
- Encourage employees to make healthy lunch choices by having posters displayed in the kitchen area.
- If you’re buying lunch in have healthy options available and order early before employees are too hungry to make informed choices.
Here are some of the health choices you should be aiming to have in that goody drawer, kitchen cupboard, boardroom table and lunchbox:
Blueberries
These berries have a great combination of antioxidants and a high amount of gallic acid, which can protect our brain from degeneration and oxidative stress and boost our focus and memory.
Almonds
These tasty nuts are rich in healthy fatty acids, antioxidants, and plant protein. They support healthy brain function and prevent cognitive decline.
Whole grains
They will help you stay mentally alert all day long. Eat wholegrain cereals, rice, granary bread.
Pumpkin seeds
The seeds are rich in zinc which is vital for improving memory and thinking skills.
Dark chocolate
This is rich in flavonoids that increase blood flow to the brain. It can boost memory, attention span, and problem-solving skills.
Green tea
This contains theanine that can help you with focus and concentration.
Spinach
These greens contain a lot of antioxidants and can help improve learning capacity.
Broccoli
It’s rich in omega-3 fatty acids that can improve your thinking and boost your focus.
Sunflower seeds
They are considered to be an essential source of fatty acids, proteins, and vitamins and are a great food to fight fatigue and help you stay productive.
Food for thought indeed!!
Ingrid O’Sullivan, Operations Manager
Tags: employment, Health, Human Resources, Management, Wellbeing, Work
Posted in Human Resources News | Comments Off on Food for Thought
Tuesday, October 16th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: Can I force an employee to retire?
A: Most employers have a set retirement date outlined. However, even this doesn’t guarantee that you can enforce retirement – recent cases – including a recent WRC adjudication, have paid out against employers who have tried to make employees retire against their will.
Q: So – what can I do to ensure that I don’t have a problem?
A: There is no absolute guarantee, but we identify 4 tips below which will certainly help:
- Retirement age: Have a set and agreed retirement age in place for employees, and ensure it is clearly stated in employment contracts and the Employee Handbook
- Categories of Staff: Have a consistent retirement age – try to avoid different retirement ages for different positions/categories/grades as this will be seen as confusing
- Consistent Practices: Practice what you preach! If you can stand over previous consistent retirements in recent years, and you have a precedent for retirement age, you will be in a much stronger position to continue to justify your existing retirement age
- Retirement Policy: Have a clear Retirement Policy in place which justifies the Company retirement age, and clearly outlines the process for employees and management, including notification of retirement, an appeals mechanism etc.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: Employee, employment, Human Resources, Retirement
Posted in Human Resources News | Comments Off on Your Questions Answered
Tuesday, October 9th, 2018
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
Dun Laoghaire Dental
Dental Nurse
Practice Manager – Dental Surgery
PCO Manufacturing
Quality Assurance Analyst
Olivia Buckley International
Event Designer
SDL Exhibitions
Business Development Executive
Marketing Executive
Tags: Career, employment, Human Resources, Recruitment
Posted in Human Resources News | Comments Off on Talent and Recruitment
Tuesday, October 9th, 2018
More employees want to work remotely, and employers are beginning to recognise the benefits.
Increasingly we hear people discuss the importance of work/life balance which is no surprise as companies try to maximise performance, while improvements in technology have created around the clock accessibility for employees. It’s no wonder that people cite flexible working hours and remote working as important benefits to help them capitalise on their time. They do not want to be desk bound Monday to Friday 9am to 5pm, which very often is counterproductive anyway to their working environment if dealing with different time zones, out of hours activity and such like, and importantly doesn’t allow for many daily life events and activities.
70% of employees say flexible/remote working would make a job more attractive to them.
Remote Working refers to any type of work that is performed outside of a traditional office or workplace. More and more people are choosing to work from home, if not every day then at least for part of their week, and some choose to work from co-working office spaces. This saves them valuable time as well as sparing them from commuting stress.
Currently there are 216,000 employees working remotely in Ireland and this figure is continually increasing. As we approach full employment, employers will need to look at ways to encourage staff retention and incentivise the on-boarding of new talent. The housing crisis is driving more people out of the cities and instead these people face a lengthy and costly commute.
Improvements in technology have made the employee more accessible wherever they are. Software that provides face to face meetings for multiple users in various locations, such as Skype which has become a normal part of any work day, saves a business on commute time and costs. Office365, Dropbox, SharePoint and many others allow employees the same access from a remote location as they would have in their office.
Abodoo is a new global platform, created by Irish couple Vanessa Tierney and Ben Wainwright, a technology company that is at the forefront of encouraging SmartWorking. In a recent interview with Silicon Republic, Vanessa Tierney is quoted as saying that “Dell, for example, has set a goal of having 50pc of its workforce working remotely by 2020. Cisco makes $277m annually in productivity savings by allowing remote working. And, here in Ireland, the likes of Shopify and Amazon all have substantial home-working teams.”
In a study conducted by YouGov, only 45% of employees said they get to work the hours that best suit them. Of employees that are offered flexible working hours, 82% said it made them feel more positive about their job, while 79% said it was a reason to stay with their employer for longer.
Two thirds of managers say that remote workers are more productive. 30% of remote workers say they work more efficiently due to fewer distractions. And 82% of remote workers reported lower stress levels. So, as this is a win situation for everyone, it’s a good idea for businesses who are not already allowing remote working to consider how to introduce it. Businesses save on overheads, fewer desks, space and resources being required.
The Irish Independent reported recently that Kefron who employ more than 150 people in Ireland and the UK have enhanced their data storage, security and remote working capabilities. Cork firm, Teamwork, estimates that 23% of its employees work remotely.
The roll-out of the National Broadband Plan will have a huge impact on the availability of high-speed broadband thereby making remote working an option for many more employees once their employers support it.
Roslyn Keogh, Project Manager
Tags: employment, Human Resources, Remote Work, Work
Posted in Human Resources News | Comments Off on The Benefits of Working Remotely
Tuesday, October 9th, 2018
A solicitor who requested to work from home one day per week has been awarded €30,000. The employee suffers from epilepsy and had made the case that working one day at home would help her stress and fatigue, the employee’s epilepsy caused seizures at times which were unpredictable.
The employee’s neurologist had also given medical advice that stated that stress and fatigue can cause epileptic attacks, and that reasonable accommodation of her request to work from home should help her condition.
The employer maintained that working from home would be incompatible with the employee’s “frontline” job functions. The employee argued that her work was of a preparatory nature and that she had huge autonomy in her role.
In awarding the sum of €30,000 to the employee, the Adjudicating Officer stated that the company appeared rigid in its approach and did not take into consideration the potential improvement the time at home might have to her health. The Company also did not take into account the neurologist’s report which was received after the initial rejection of the request.
This ruling emphasises an employer’s need to seriously consider employees with disabilities and attempt to facilitate them – where possible and within the constraints of the business. (ADJ-00011821)
Voltedge Management
Tags: employment, Human Resources, Legal
Posted in Human Resources News | Comments Off on News from the Courts – WRC awards €30,000 to employee with epilepsy
Monday, September 17th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: When an employee is out on sick leave, do they accrue entitlement to annual leave and if so, for how long?
A: Yes an employee who is certified absent from work due to sick leave is entitled to accrue their entitlement annual leave, and carry that forward for a period of 15 months. This is a change to the Organisation of Working Time Act by the commencement of Section 86(1) of the Workplace Relations Act 2015? Section 86(1) amends Sections 19, 20 and 23 of the Organisation of Working Time Act 1997. The effect of the amendments is as follows:
- Employees will accrue statutory annual leave entitlement while on certified sick leave.
- There will be an increase in the annual leave carryover period from 6 months to 15 months for those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months after the end of the leave year.
- On termination of employment, payment in lieu of untaken annual leave will apply to leave which was untaken as a result of illness in circumstances where the employee leaves the employment within a period of 15 months following the end of the leave year during which the leave entitlement accrued.
Q: Can I give an employee on a fixed term contract an extension to that contract if I still need them to stay on for longer than I originally wanted without them becoming a permanent employee?
A: An employee who has been employed on 2 or more continuous fixed term contracts, will deem to be employed in an open-ended contract if the total duration of those contracts exceeds 4 years. If the employee is reemployed within a 3 month period between fixed term contracts, then they will be deemed to have continuous services.
You should note also that the Protection of Employees (Fixed-Term Work) Act 2003 applies to most employees on fixed-term contracts. However, it does not apply to agency workers placed by a temporary work agency at the disposition of a user enterprise or to apprentices, trainees and people in publicly-funded employment schemes such as Community Employment. The Act does apply to agency workers employed directly by an employment agency.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: Employee, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Your Questions Answered
Monday, September 17th, 2018
The Labour Court has decided to over-turn and award the appeal of a clerical officer, working at the Department of Employment Affairs and Social Protection, who was wrongly assigned a contract of indefinite duration by the Work Relations Commission (WRC) earlier in the year.
The appeal has highlighted an important distinction between fixed-term and fixed-purpose contracts.
Fixed-Term
According to the SFA, a fixed term contract of employment is when the employee has a contract directly with an employer with the end outcome being one of the following; a specific end date, completion of a task or the occurrence of a specific event.
Fixed-Purpose
A fixed purpose contract is similar in that, the employee has a contract with the employer but is only employed to carry out a specific purpose, and once that specific job is completed, the contract will cease.
In this case, the WRC determined the worker had amassed a length of employment- through continuous fixed-term contracts, to be classed as a contract of indefinite duration as per the Fixed-Term Work Act 2003.
However, the Clerical Officer had been employed to work a fixed-purpose contract- to facilitate the implementation of a scheme, with no end date referred to, compared to a fixed-term contract. It was argued that the Fixed-Term Act – which covers the umbrella term of fixed/specified -purpose contract, does not mention anything to prevent a fixed-purpose contract from lasting more than the 4-year limit of a fixed-term contract. The Court stated that given the contract of employment specified a fixed-purpose, not a fixed-term, the employee did not fall under the 4-year fixed-term contract limit, and therefore, did not require a change of contract to indefinite duration.
This has raised concerns in relation to the interpretation of the fixed-term contract Law, in relation to specified-purpose contracts. This is an important benchmark – please contact Voltedge Management for further information and advice.
(FTD184 Labour Court Case)
For more details email info@voltedge.ie or call +353 1 5252914 and ask for Ingrid.
Tags: Contract, Employee, employment, Human Resources, Work
Posted in Human Resources News | Comments Off on Worker Wins Appeal Over Fixed-Term vs. Fixed-Purpose Contract
Monday, September 17th, 2018
The Workplace Relations Commission has found the Bookmakers to be in breach of the Working Time Act 1997, as it was found that employees were working over the legal 4 hour and 30 minutes, without taking 15-minute breaks.
The employer had used an electronic sales system, which kept a somewhat reliable record of employee’s activity on the till, and when they were off it. It was argued that the employer did not ensure the employees received statutory breaks, and that inactivity on the till could not count as a break.
The employees also stated they often had to deal with customers during their given break times, meaning they did not get uninterrupted breaks set out under Law.
Submissions from Paddy Power declared staff were encouraged to take breaks at quieter times and offered a flexible regime, to take personal-paid time off if they wished. However, the WRC did not agree that the system in place accurately measured break times, and that the flexible leave did not mean the employer was abiding by the 15-minute break rule for shifts more than 4 hours 30 minutes.
A clock- in, or similar system, was not used at the Paddy Power facility in question, which may have helped to prevent this breach from occurring.
It is important for employers to remember that it is there responsibility to ensure employees take their statutory breaks, and that these should be uninterrupted and taken in full.
(ADJ-00012077/12079/12080 WRC)
Tags: employment, employment law, Human Resources
Posted in Human Resources News | Comments Off on News from the Courts – Paddy Power Loses Case
Monday, September 17th, 2018
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
Dun Laoghaire Dental
Dental Nurse
Practice Manager – Dental Surgery
PCO Manufacturing
Commercial Director
The Relocation Bureau
Relocation Coordinator
Other
Inhouse Recruiter
Property Administrator
Tags: Career, employment, Human Resources, Recruitment
Posted in Human Resources News | Comments Off on Talent & Recruitment
Monday, August 27th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: My team work really well together but recently I have had two complaints about one member who is not pulling their weight. I don’t feel it is a major issue.
A: As a manager you have a duty of care to all your reports, and if there is a perception about an employee not being productive in the team, then this needs to be dealt with. We suggest that you meet the individuals who have complained, understand the context, and then deal with the issue either as a genuine complaint to be followed up with the individual or explain the context and that the individual is not effective due to other issues (possibly outside of the individual’s scope).
Q: I have had a complaint of harassment made by a junior staff member about one of my managers – I don’t think it is justified and was hoping it might ‘die down’.
A: You have a responsibility to the employee but also to the manager if they are being accused of inappropriate behaviour. You should review your policies and procedures and firstly approach this as an informal issue. In the first instance you need to decide whether there is a genuine issue here – if the employee perceives that there is an issue you must follow up on it.
Hopefully you can resolve it by talking to the employee who made the complaint and resolving it either by getting the two people to talk, or by facilitating a discussion. If not, you may need to move to a formal process.
Q: An employee has complained that they are not getting enough breaks and that their eyesight is affected by sitting at a computer screen all day. We do enforce breaks and expect employees to manage their time so I don’t see this as an issue.
A: As an employer, you are required, under the Safety and Health regulations, to provide sufficient breaks (outlined in the Working Time Acts) and to also ensure that equipment is suitable and not causing any health issues. We suggest that you check that this employee is taking breaks regularly, and also offer them the opportunity to go for an eye test (which can be covered as a benefit when employees are paying PRSI). Here is a checklist to work from:
- Carry out an analysis or risk assessment of employee workstations
- Provide information to employees in relation to measures which have been implemented
- Provide training to employees in the use of workstations before commencing work with display screen equipment and whenever the organisation of the workstation is modified
- Perform a further analysis or risk assessment where an employee transfers to a new workstation or significant new work equipment, change of equipment or new technology is introduced
- Ensure that the provision of an appropriate eye and eyesight test is made available to every relevant employee
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, August 27th, 2018
Hays Ireland recently published a report which said that 46% of employees who left a role within 12 months did so because the role did not meet their expectations.
The Hays survey of 1,800 workers showed that many specified that the job descriptions were misleading, the application process was poor; at interview stage they were not interviewed by their line manager, their interviewer was not prepared for the interview, the process and communication through the process was poor and then once on-board the promised training was not provided. Another survey by Robert Walters found similar results in that 70% of workers believe they were misled at induction stage about the company culture.
Hays has said that 74% of employers plan to recruit in 2018, and of those 68% intend recruiting for permanent positions. Given the considerable amount of effort it takes to find good candidates in the current market, the cost in terms of time and budget, why are companies not being smarter about their recruitment and on-boarding process? This is a ‘lose-lose’ situation for both the employer and the employee. Why not look for the person who is both a good match for and who also wants the role? In the Robert Walters survey 61% of respondents said once ‘on-board’ they found that their responsibilities did not match the job description.
Focus on clear and simple job descriptions
Employers need to focus on writing clear and simple job descriptions, prioritising the tasks expected of the candidate on a daily basis. If an employer is seeking a Data Entry Administrator, then state this clearly and explain that this is 90% of what the person’s time will be spent on. By making the role appear different or more complex they are potentially putting off a candidate who is genuinely seeking a Data Entry Administrator position and instead are hiring people who will be disappointed.
Examine the interview process
Next, employers need to examine the interview process. First impressions count for the candidate as well as the employer. 64% of respondents to the Hays Ireland survey stated that they got a poor impression of an organisation at early interview stage because the organisation seemed unwelcoming. Company culture is playing an increasing role in candidates’ decision making about joining an organisation. So, what impression does your organisation give to visitors amongst whom are potential employees?
Some of these statistics do not come as a surprise to me personally, as someone who recently changed job and spent a number of months becoming a little wiser to the recruitment process. I have first-hand experience of some of these issues. I am pleased to say that since joining Voltedge Management I have observed how our HR Consultants guide and advise our clients in this regard so that they can avoid the pitfalls.
Roslyn Keogh, Project Manager
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Is This the Job I Applied For?
Monday, August 27th, 2018
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
Blue Insurance
Customer Service Executive
Dun Laoghaire Dental
Practice Manager – Dental Surgery
The Relocation Bureau
Relocation Coordinator
Voltedge Management
HR Consultant
Senior HR Business Consultant
Other
Property Administrator
Sales Account Manager
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Talent and Recruitment
Monday, July 16th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: As this period of hot weather continues, what are my responsibilities as an employer?
A: The Safety, Health and Welfare at Work Act 2005 does not set out a maximum temperature for the workplace, only a minimum. However, there is an onus on employers to ensure the safety of their staff so it is important to provide a reasonable temperature in the workplace and exercise a common sense approach.
Q: What steps can I take to ensure the health and safety of my staff?
A: Think about shade and those employees who work directly beside windows. Rearranging furniture away from direct sunlight through windows can help. Glass does not protect against all of the suns rays. Think about additional fans in areas with no airflow and most importantly, encourage employees to stay hydrated! Drinking plenty of water throughout the working day is vital. Encourage water breaks and allow for employees to get fresh air, stop overheating.
Q: How can I keep staff motivated during periods of very hot weather?
A: As heat rises, so can absenteeism, commutes to work and a long day in a hot office can have an effect on employee motivation. Think about relaxing the dress code, no ties, restrictive clothing, suit jackets or blazers. Turn off unnecessary lights, if the sun is streaming in, remember lights generate additional heat so turn some off. Be very mindful of those that work outside, ensuring both protection against the sun and also appropriate rest breaks for physical activity levels.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, July 9th, 2018
Social Recruitment modelling and Employer Branding
We manage recruitment projects for clients who are ramping for growth, helping them to define their company brand and promote themselves in the marketplace so that the targeted talent is attracted to the message and the opportunity with our clients.
This includes all aspects of the recruitment process, such as job descriptions, benchmarking data on compensation and benefits, helping you make decisions on competitive packages for the various roles and business structures, advertising opportunities through social media and the company’s own network, screening and shortlisting for the hiring manager, scheduling interviews and doing all of the follow up with candidates.
We can also manage the relationships with recruitment companies and other stakeholders as well as providing interview training and guidelines, work permit and visa applications, pre-employment screening, background education, professional and employment references etc.
Here is a list of some of the current roles we are working on for our clients.
AYLIEN
Data and Search Engineer
Blue Insurance
Customer Service Executive
Dun Laoghaire Dental
Practice Manager – Dental Surgery
Muscular Dystrophy Ireland (Part Time)
Family Support Worker
Respite Services and General Administrator
National Head of Services
PCO Manufacturing
General Operative
The Relocation Bureau
Relocation Coordinator
Voltedge Management
HR Consultant
Senior HR Business Consultant
Other
Junior Account Manager
Property Administrator
Sales Account Manager
Tags: employment, Human Resources, Talent
Posted in Human Resources News | Comments Off on Talent and Recruitment
Monday, July 9th, 2018
Dismissal of employee who over-dosed on prescription drugs deemed unfair
A recent case, reported in IRN, where a general operative was sent home from work and subsequently dismissed, has been ruled by the Adjudication Officer (AO) of the Workplace Relations Commission to be unfair – due to lack of transparency and failure to follow a fair investigation and a lack of procedure before dismissal.
This employee arrived at work in an unsafe condition, and he didn’t tell his manager that he had taken his drugs over shorter periods than prescribed. Because of this, he was unfit for work. The employee had an injury and was taking prescribed medication for this injury. A decision to send the employee home was only taken after 2 hours in work, after returning from 18 weeks of sick leave.
The General Manager instigated a disciplinary investigation; however, no notes were provided to the employee and his union representative for the meetings held with witnesses, and some of the employee’s evidence was disregarded. Also, other incidents were included in the General Manager’s statement. The union representative was ‘in effect’ disregarded in the process, and the AO stated that the employee is entitled to a reasonable level of representation (citing the Lyons v Longford Westmeath ETB ruling).
The AO ruled that it was not good enough to just hold a disciplinary hearing and a subsequent appeal – and the employee was awarded half of his actual losses of €28,675.
This case again re-emphasises the necessity to follow best practice when undertaking a disciplinary investigation and to ensure transparency and fairness at all times, with the view that the employee is innocent until proven guilty.
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on News from the Courts – Dismissal of Employee Deemed Unfair
Monday, June 18th, 2018
In a recent case an employee issued proceedings against his employer for an accident that occurred during the course of their job. The incident arose when the employee fell and injured his back, while taking a shortcut down a steep slope on his way back from doing a routine check of the reservoir manhole. There was an alternative route to reach the manhole with little or no incline, only 10 or 15 metres away, fact that was highlighted by the employer in their defence.
The employee in question had been with the organisation for some time and referenced other similar incidents of employees who had also slipped at the same area. However, there was no record of these having been reported to the company.
During the hearing there was no evidence found that suggested the company had required the employee to use the steep route, as well as a number of inconsistencies regarding medical examinations of the employee which brought the extent of his injuries into question.
The findings focused section s13 of the Safety Health and Welfare at Work Act 2005 and made reference to a similar case where the same legal principles could be applied i.e. the application of common sense principles as to what amounts to reasonable care. The conclusion was that the employee had simply failed to take reasonable care for his own safety.
Voltedge Management can offer support, advice and independent investigators if required. Just email us on info@voltedge.ie or call the office on 01 5252914.
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on News from the Courts – “Reasonable Care” in a Health & Safety Claim by an Employee
Monday, June 18th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: Am I legally required to provide a reference to an ex-employee?
A: No, there is no general requirement in law or legislation that you must provide a reference. If you do provide a reference, you have a duty of care to both the subject of the reference and to anyone that might rely on it.
Q: By when must you legally provide an employee with their written terms of employment?
A: The Terms of Employment (information) Acts 1994-2014 provide that an Employer is obliged to provide an Employee with a written statement of terms of Employment within the first two months of commencement of employment.
Q: What happens if changes are made to the particulars contained in the written statement?
A: An employer must notify an employee of any changes to the particulars within one month after the change takes effect. It should be noted that this does not entitle an employer to unilaterally change the terms in the statement, and of course any changes must be agreed with the individual.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, May 14th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
Q: When should I report an accident at work to the HSA?
A: The HSA must be notified of all: 1) fatal work-related accidents 2) accidents causing injury that result in the person carrying out work being absent from work or being unable to carry out his/her normal duties, for more than three consecutive days 3) accidents caused as a result of work or work activity, which result in a person who is not at work (a member of the public), suffering a fatal injury or an injury that requires hospital treatment or the attention of a doctor.
Q: When I am calculating three consecutive days, do I consider the weekend?
A: Yes, weekends and other normal days off (such as holidays) are included when calculating the period of absence following an accident.
Q: What is the Health and Safety Authorities’ role in relation to bullying?
A: Bullying has been identified as a safety issue, which means that when an HSA inspector is carrying out a workplace inspection, he/she will examine a business’s safety statement to ensure that the issue of bullying is dealt with. The HSA may also investigate a bullying claim in the workplace.
Q: Do we have to have a trained first aider in the business?
A: Yes. Employers are required by law to designate occupational first-aiders at the workplace as are necessary. The number depends on the size of the business and the findings of a risk assessment. You can find out how many are required in your Business here.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Kate Siberry, HR Executive, Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, April 16th, 2018
We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.
With the summer (hopefully) and the May bank holiday approaching soon, here are some questions and answers to consider:
Q: Can an employee request a two-week unbroken leave period?
A: Yes, provided they have worked for at least 8 months they are entitled to an unbroken period of 2 weeks’ annual leave.
Q: What happens if an employee is sick on a public holiday?
A: If you are a fulltime worker who is on certified sick leave during a public holiday, you are entitled to benefit for the public holiday you missed. If you are a part-time worker on certified sick leave during a public holiday, you would be entitled to time off work for the public holiday provided you worked for your employer at least 40 hours in the previous 5-week period.
However, you are not entitled to the public holiday if you are absent from work immediately before the public holiday and you have been off work for more than 26 weeks due to an ordinary illness or accident, or for more than 52 weeks due to an occupational accident.
Q: If an employee comes back from their annual leave and produces a sick cert from their doctor what do I do?
A: If an employee becomes ill during their annual leave and provides a medical cert for the days they were ill, these sick days will not be counted as annual leave days. You cannot require an employee to take annual leave for a certified period of illness.
Q: If an employee is off work on certified sick days, are they still accruing annual leave days?
A: An amendment to the Workplace Relations Act 2015 made changes to how statutory annual leave is managed when an employee is on certified sick leave. These changes took effect on 1 August 2015 and include:
- An employee’s annual statutory leave entitlement continues to build up during a period of certified sick leave.
- An employee, who due to illness cannot take annual leave during the relevant leave year or the normal carryover period of 6 months, is entitled to an extended carryover period of 15 months after the leave year to take their accrued annual leave.
- If an employee leaves their job they are entitled to payment in lieu for any annual leave that accrued and was untaken as a result of illness. This payment in lieu only applies if you leave your employment up to 15 months after the end of the leave year during which the statutory leave entitlement accrued.
We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.
Kate Siberry, HR Executive, Voltedge Management
Tags: employment, Human Resources
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, January 15th, 2018
Get your Business HR Brexit Ready
Goldman Sachs Group Inc., JPMorgan Chase & Co. and Morgan Stanley are on a hiring drive in Frankfurt as global investment banks race to establish new headquarters inside the European Union in time for Brexit.
The Brexit journey will impact all businesses, whether trading with the UK or not, the broad implications of our closest neighbour no longer being part of the EU requires a HR Brexit strategy for all businesses and especially if companies are working with an international team or client base.
We want to support you in getting your business HR Brexit Ready and managing the dynamics that will begin to present themselves as the transition continues.
Email HRBrexit@voltedge.ie to see how we can help your business understand Brexit and be ready for its impacts.
Tags: Brexit, employment, Human Resources
Posted in Human Resources News | Comments Off on HR Brexit Update
Tuesday, September 26th, 2017
A Latvian employee was awarded €8,000 by the WRC as her employer repeatedly refused to allow an interpreter during a grievance process. The employee had claimed they were victimised and harassed by her manager as he had been aggressive towards her one morning in December 2014 over the tidiness of her work area, and had shouted at her several times, which she reported, had shocked her and left her very stressed. The WRC found that while she was not harassed he did highlight that the company’s policy not to allow an interpreter demonstrated a complete misunderstanding of the requirements of the [Employment Equality] Acts.
Even at her appeal, she was again denied the use of an interpreter even though she had written to her employer, with the assistance of her interpreter, expressing her disappointment and stating her fear that she “would not be able to explain herself clearly at the meetings and that she would not be able to understand the process and its terminology fully and therefore needed the assistance of an interpreter.
She did acknowledge that she could communicate in English in general terms with no problems but that a grievance process was not the same as daily communications in the work place, as it would involve specific terminology.
While her union representative could not speak Latvian, the employer maintained they had been able to fully represent her at each stage of this process to ensure she had a fair hearing of her grievance, but at the same time had written to her to indicate that she had literacy problems in relation to spoken and written English, and they required her to take a literacy test. The employer indicated that if the result of this test was found to be low, it reserved the right to terminate her contract of employment.
The WRC AO pointed out the contradictory position of the employer, on one hand it doubted her English ability to the point it required her to take a literacy test, and on the other hand maintained her English was sufficient to participate in the grievance process despite her repeated requests for allowing an interpreter.
While employers have a right to enforce a policy of one common language in the workplace, this was not the issue in this case. Preventing an interpreter attend to a grievance procedure regardless of the English ability of the worker, places a non-Irish worker at a significant disadvantage and is indirectly discriminatory. The WRC awarded the complainant €8,000 for the effects of race discrimination, but did not find she was victimised or harassed.
Tags: Discrimination, employment, Human Resources, Law
Posted in Human Resources News | Comments Off on News from the Courts: Employee awarded €8,000 for not being allowed an interpreter during grievance hearing
Monday, July 17th, 2017
We aim to give our readers and followers the best advice when it comes to managing people effectively and every month you can read a digest of some HR questions that might be relevant for you.
Q: I have an employee who has said that they feel bullied – what do I do?
A: If an employee feels they are being bullied the employer needs to be pro-active and immediately talk to the individual.
Questions to be asked:
1) When did this start?
2) Have you had a number of incidents and can you give me details?
3) Have you attempted to stop the behaviour of the alleged bully and what have you done?
4) Have you talked to anyone else about this?
If the employee answers yes to the first 3 questions the employer needs to ask the employee if they wish to make a formal complaint or if they wish to keep the issue informal. If they don’t want to make a formal complaint the employer needs to still be confident that the issue is being resolved and not continuing, or put processes/resources in place to support the individual going forward.
If they wish to make a formal complaint, the employer will need to carefully follow their Bullying Procedure, appointing an independent investigator, ensuring fairness for all parties, and communicating clearly about the process.
Q: I want to recruit an employee for a few months but I don’t know what type of contract to offer them? Can I give them a contract that doesn’t have a definite date of termination?
A: Temporary contracts need to be carefully utilised to ensure that employers and employees are very clear about their responsibilities and the type of contract being applied. There are 2 main temporary contracts:
a) Fixed Term Contract: This is a contract with a fixed duration (e.g. 6 months) which is stated clearly in the written contract. If the employee is required after the termination date of this contract, employers should issue an additional contract to the employee, don’t let the contract roll over as this may result in an employee being entitled to permanency (after 12 months).
Fixed term contracts can be renewed for up to a maximum total period of 4 years, at which time the employer will have to make the employee permanent. The employer should also notify this employee of any permanent positions that they may wish to apply for.
b) Specified Purpose Contract: This is a contract for a specified purpose with no duration. An example would be a particular project with a finite life, where the employee is solely engaged on this project and leaves once the project is completed. The critical issue is ensuring that the employee is ONLY engaged under the strict terms of the contract and is not utilised for other work.
If you need advice on HR issues, drop us an email at info@voltedge.ie or contact the office for any additional information 01-5252914.
Tags: Bullying, Contract, Employer, employment, Human Resources, Management
Posted in Human Resources News | Comments Off on Your HR Questions Answered
Monday, December 5th, 2016
The Christmas period can pose tricky issues to even the most seasoned of managers. Here we cover the key areas that employers might be faced with:
Managing the Christmas Party
Do our policies apply outside of work?
Yes, your company policies extend to cover work related events. The most relevant policies that apply in these circumstances include: Social Media, Dignity at Work, Harassment and Bullying, Disciplinary and Grievance policies.
How can I prevent issues occurring?
- Before a Company run or sponsored event, remind staff that they should abide by company policies – even when they are not on Company premises
- Ask managers to be vigilant at the event to ensure good conduct and behaviour is being observed
Consider how you provide alcohol as an employer at a company event – there are options that can be helpful such as using a drinks voucher system instead of a free bar.
What do we do if we receive a complaint?
Complaints should be dealt with in the normal manner through your grievance, disciplinary or other procedures. Dealing with any issues as quickly as possible should also help minimise potential issues.
Managing Public Holidays
Which employees are entitled to a public holiday?
An employee’s entitlement is dependent on the nature of their contact;
- All full time employees are entitled to the public holiday regardless of length of service
- Part time/casual employees are only entitled where they have worked at least 40 hours in the five weeks ending on the day before the public holiday.
What payments are employees entitled to for a public holiday?
Employees who qualify for public holiday benefit will be entitled to one of the following:
- A paid day off on the public holiday
- An additional day of annual leave
- An additional day’s pay
- A paid day off within a month of the public holiday
It is at the employer’s discretion to decide which benefit will apply.
How do I calculate public holiday pay?
- Employees who work the public holiday or who are normally rostered to work on the day the public holiday falls, then they are entitled to the equivalent pay as the last working day before the public holiday falls.
- Employees who are not normally required to work on the day the Public holiday falls are entitled to one fifth of their weekly rate of pay.
Payment for a Public Holiday is regular payment including regular shift allowances, but not variable pay such as overtime.
Are employees entitled to payment for a public holiday if they are leaving employment?
If an employee has worked the week ending prior to the public holiday AND they have worked for the employer for 4 continuous weeks, then they are entitled to payment for that public holiday even though their employment has finished.
If the public holiday falls on a weekend what do we do?
If a Public holiday falls on a weekend it does not automatically move to the following Monday as a lot of people might assume (or Tuesday in the case of Christmas this year). Employers have a number of options:
- Move the public holiday to the following Monday: The most common approach is to move the public holiday to the next working day and give employees that day off.
- Recognise the public holiday on the day it falls: If an organisation normally works on a public holiday, the organisation can provide the following to the employee for working that day: A paid day off within a month of the public holiday, OR a day’s pay in lieu, OR an additional day’s pay.
Employers must give employees at least 14 days’ notice of how they will operate and which benefit will apply to them.
Time Off During Adverse Weather
If an employee cannot come to work due to bad weather, do I have to pay them?
If the organisation is open for work and the employee cannot attend, then they are not entitled to payment for that day. You can give employees the option to take a holiday day as an alternative to unpaid leave, although you cannot force them to take a holiday. Having an ‘Exceptional lave policy’ in place is good practice to cover you in the event of these occurrences.
Employers can also look at alternatives for the employee, if appropriate:
- Can they work from home?
- Can they perform their duties on an alternative day?
If our place of work is closed due to bad weather, do I have to pay employee?
Yes, if the employee is available for work then they are entitled to pay for this day, even if the premises are unable to open.
If you are unsure about what arrangements to put in place in your own business, get in touch today with our team of HR experts.
Laura Banfield, HR Consultant
Tags: Christmas, employment, holiday, HR
Posted in Human Resources News | Comments Off on Managing the Christmas Period
