The HR Company Administrator

For organisations that require face-to-face, on-site HR support, we provide the services listed below, which have been categorised into five distinct components. Depending on the level of your requirement, we do this by either putting HR specialist(s) into your business on a permanent basis, or we provide you with full remote back-up complemented by regular site visits.

1. Legal

It is critically important that when one addresses any of the core HR activities, they must be carried out within the confines of the legal framework that exists. We will advise you to ensure that you are complying with all current legislation.

2. Mediation Services

We provide a full range of mediation services whereby we resolve many internal employee and industrial relations issues that arise within the workplace. This can include direct negotiations with solicitors, third parties and trade unions.

3. Staff Retention and Benefits

We assist you to ensure that you do what is necessary to keep your employees within the organisation. This covers the entire area of salary planning, benefits planning, benefits administration, performance management and face-to-face group meetings, or one-on-one discussions.

4. Recruitment

This involves us in the hiring process from the very beginning, from writing up job profiles and descriptions to advertising, arranging interviews, checking references, and issuing contracts.

5. Training and Development

The service we offer in this space includes identifying training requirements, driving the training programme and the training vendors, right through to succession planning, key people identification, skills identification and management development.

The Smart Solution for Businesses - We aim to ensure that you, our client, are not constrained by the legislation that exists today, but are aware of it and acting in accordance with it.

The service includes salary surveys to support your salary planning and review process, design and implementation of your policies and procedures and inclusion of these in the company handbook.

As part of this service, a company is provided with on-site representation approximately once per month.

The Minister for Finance, Michael Noonan T.D., published the Finance Bill 2013 on 13^th February 2013. The Bill provided for the Budget day announcement that, effective 1^st July 2013, Maternity Benefit, Adoptive Benefit and Health & Safety Benefit payments will be treated as taxable income. As with all other Social Welfare payments; Maternity, Adoptive and Health and Safety Benefit will remain exempt from Pay Related Social Insurance (PRSI) and Universal Social Charge (USC). 

 

This measure will mean that women entitled to these benefits will pay the same level of income tax while in receipt of the benefit as they do when they are working.

Once the benefit is approved by the Department of Social Protection, Revenue will be notified of the applicable figure and will reduce the relevant allowances (tax credit and standard rate cut-off point in respect of the employee) accordingly. Revenue will notify the employer or pension provider of the applicable adjustment by means of a new P2C in respect of the employee. The P2C is the employer copy of the employee tax certificate.

The issuance of a revised P2C is the only thing that the employer needs to be actively aware of in relation to maternity or adoptive benefit. However, since the employer pays the first 21 days of the Health and Safety benefit the new taxation provided for in the Finance Bill may have more of an impact on the employer and the payroll administrator here.

The net income paid to the recipient for the period is going to be reduced by the new taxation. Consequently, one significant result of this new provision might be mothers/expecting mothers availing of reduced periods of maternity/adoptive leave.

 

Effective 1^stFebruary 2014 the Single Euro Payments Area (SEPA) will standardise the processing of electronic payments in the Euro currency. The objective of SEPA is to make payments via credit transfer or debit card within the area fast, safe and efficient. The aim is that electronic cross-border payments are due to become as simple as paying with cash.

The scheme was established to overcome the technical, legal and market obstacles that exist from before the changeover to the Euro currency. The goal is to create a single market for Euro-denominated retail payments. SEPA will enable users to make cashless payments to payees anywhere within the SEPA zone using a single payment account and a single set of payment instructions.

This will allow for the easy movement of food, services and capital throughout the region. What this means is that citizens cannot only live and work anywhere in the area, but can also benefit from competitively priced goods and services, throughout the region.

The Euro currency came into effect in 1999 as an accounting currency (cash and coins were first circulated in the initial Euro currency countries in 2002). The long-term plan has always been to move away from the fragmented national payment markets and to move towards a European Union wide market that is more efficient.

SEPA will impact all citizens operating/living within its boundaries that hold a payment bank account. Those operating in participating countries will soon be able to make and receive Euro-denominated payments with a standard set of terms and conditions – regardless of whether the payments are made within or across national borders.

People will not be obliged to maintain bank accounts in any one particular country in the region to make or receive payments. An account anywhere in SEPA will be able to make or receive a Euro-denominated electronic transaction anywhere else in SEPA with ease. An Irish person living in France will not have to set-up an account in the host country to pay utilities and rent and so on electronically (as has been the case). SEPA will make life easier in this respect – People will no longer be constrained by national borders for banking and will instead be able to bank wherever suits them within the SEPA zone.

New business rules will be implemented with regard to payments. Along with this a set of common standards and requirements for issuing and executing electronic payment instructions in all participating regions will be introduced.

From 1^st February 2014 it will be compulsory for countries to withdraw existing “national only” payment standards/systems and it will be mandatory for members to migrate all electronic payments to the SEPA standards.

SEPA is being rolled out in thousands of banks in the countries and regions included in the scheme - the 27 European Union members (28 with the inclusion of Croatia in July 2013) as well as Norway, Monaco, Switzerland, Iceland and Liechtenstein. SEPA in Ireland is being overseen by the National Payments Plan (NPP) Steering Committee along with a National Payments Plan sub group which consists of representatives of the Central Bank of Ireland, Government, banks, businesses and consumers.

The European Union Commission has made SEPA migration mandatory and businesses, regardless of size, will have to make adjustments to their processes to ensure they comply with SEPA on credit transfers and direct debit payments – A lot of engagement is required with banks and advisors prior to the February 1^st 2014 deadline.

For SEPA to succeed it will require active participation from these new payment scheme users – namely public administrators, companies and consumers alike. SEPA will affect the vast majority of people and should not be overlooked. Timely migration is recommended – the deadline is quickly approaching.

When SEPA is effective the cost associated with making a payment outside of your own nation should not be any more than within your own national borders – this will be a huge benefit to both consumers and companies.

It is important to note that payments made in a currency other than Euro and to/from non SEPA countries may still attract foreign exchange charges and/or transaction fees.

Those who currently have direct debits leaving their accounts should experience a seamless transition. However, those collecting payments (the payees) of the direct debits will need to make changes to their internal systems. This is of particular importance for companies.

SEPA will have the biggest impact on companies as the standardised payment infrastructure should open up new possibilities to expand business beyond country borders. Common standards, faster settlements and simplified processing will improve cash flow, reduce costs and facilitate access to new markets further afield than before.

Like consumers businesses will need to use Bank Identifier Codes (BIC) and International Bank Account Numbers (IBAN) to identify their bank and account rather than the current identifiers (National Sort Codes and account numbers). Companies should obtain all relevant details on SEPA standards from their banks – the advice is to act quickly and to make the relevant modifications to existing systems or develop new ones without delay. Information technology system providers should be consulted from the outset as the migration could significantly impact these systems.

It is essential for companies to ensure they are informed on all relevant matters here.

 

 

 

 

 

Employees spend a good portion of their waking hours in the working environment (often with people who share similar interests to themselves) – given this it isn’t a surprise that relationships regularly develop in the workplace.

How employers deal with these relationships is the important element here. Risks for both the employer and the employees exist in these scenarios.

Some workplace relationships turn into long-term, healthy relationships where the couple are very happy with each other. However, often the situation doesn’t end on such a positive note and it can, in certain instances, create a very awkward working environment for the individuals involved as well as other members of the department who are present in the aftermath.

 

Office relationships can, at times, be a very positive thing for a business – it can encourage high levels of morale in the workplace and that, in turn, can improve standards of productivity and creativity. Unfortunately, however, workplace relationships can also have negative effects. Employee attention could be focused on the relationship as opposed to the duties of the role and this could lead to a decline in productivity or performance which, subsequently, could threaten the company’s success.

Banning relationships between colleagues isn’t the best route to take for a number of reasons (it isn’t really enforceable), however, it is absolutely essential that employers put certain policies in place in order to avoid what could result in a very awkward conclusion.

Clear rules should be devised for two employees who wish to engage in a mutual relationship. To ensure that your company avoids any hints of sexual harassment it is essential to put clear and concise guidelines in place (employers in Ireland are actually obliged to have policies and procedures on bullying and harassment in place).

It might be a good idea to have a rule that restricts employees from having a relationship with a superior in their own department, for instance, stressing that the rule is the same for all and that its function is to protect employees against sexual harassment and favouritism.

Restricting certain behaviour is absolutely paramount as inappropriate behaviour, such as public displays of affection, in the workplace is not acceptable and can compromise the internal culture of the company. Implementing strict rules that leave no room for ambiguity is advisable.

Dignity in the workplace is the right of every employee. It is imperative that you take the dignity at work policy very seriously to protect yourself, as an employer, from a lawsuit and to protect your employees at the same time.  The Employment Equality Acts 1998-2011 mean that employers are liable for harassment in the workplace. Harassment is defined as any form of unwelcome/unwanted conduct relating to any of the discriminatory grounds – gender, civil status, family status, sexual orientation, age, disability, race, religious belief and membership of the Traveller community.

Sexual harassment comes under the bullying and harassment umbrella and includes any act of unwanted verbal, non-verbal or physical conduct of a sexual nature. Sexual harassment violates a person’s dignity by creating an intimidating, hostile or humiliating environment for the person. 

It is crucial for employers to be aware that they may be held legally responsible/liable for the harassment or bullying that occurs in the workplace – even where they are not aware that this is taking place.

Employers should include an acceptable grievance or complaints outline in the dignity at work policy so that employees are not only aware of what is expected of them but what happens when they breach the policy too.

 

 

As you are probably aware three crèches between Dublin and Wicklow have come under intense scrutiny in recent days after it came to light that young children under their care were allegedly subjected to inappropriate and unacceptable treatment by staff at the childcare and early learning facilities in Stepaside, Malahide and Rathnew.

An RTÉ researcher, posing as a childcare worker, uncovered the substandard care while working at the facilities. The undercover researcher’s disturbing findings included video footage illustrating manhandling of infants and young children. The report, “A Breach of Trust”, was aired on Prime Time Investigates yesterday (Tuesday 28^th May 2013). The claims are currently being investigated by An Garda Síochána and the Childcare and Family Services unit of the HSE.

While the Prime Time Investigates programme focused heavily on three specific facilities it also highlighted failures in the entire childcare industry in Ireland. The researchers acquired a HSE inspection report that showed that a staggering 75% of Irish childcare facilities were in breach of regulations in 2012.

Minister for Children, Frances Fitzgerald, said that the HSE inspection reports into childcare facilities will be published online in the next few weeks.

Understandably, these statistics have caused uproar and have opened up a huge debate on childcare standards in Ireland. Many parents have been very upset by the recent revelations of breaches in child protection regulations. The poor practices exposed in certain crèches are likely to negatively affect the opinion held by many with regard to childcare facilities in Ireland.

These revelations will bring about intense scrutiny from parents of children in crèches all around the country. In order to protect their reputation it is absolutely vital that management take the time to ensure that all employees in crèches and childcare facilities in general are fully qualified for the roles in which they have been hired.

It is imperative that all employees working with children are vetted thoroughly and that all relevant paperwork is in place.

 

The HSE report from 2012 highlighted serious policy breaches and failures on numerous grounds like the child-carer ratio. It is imperative that employers seek advice from Employment Legislation experts if they need clarification on policies and procedures that they are required to have in place or if they need help in determining whether or not they have the appropriate paperwork on file. It is essential that all facilities are adequately staffed and that management take the necessary precautions to ensure a high standard of protection and care for children at all times.

One suggestion perhaps might be to install a CCTV system to monitor the interaction between employees and children – before doing so, however, a CCTV policy is required – again, it is essential to seek advice from the appropriate body if you are considering such a course of action.

Reports suggest that multiple employees have been suspended and that at least one employee has been dismissed by the crèches named in the report pending the conclusion of the Garda, HSE and internal inquiries.

Employers need to remember that, to avoid any risk of exposure, it is absolutely imperative to follow approved disciplinary procedures prior to disciplining employees. Regardless of the severity of the situation there are steps that need to be followed in order to ensure employers remain compliant with all Irish Employment Legislation. It is vital to follow procedures that are in line with the Labour Court recommendations to insulate your company against the risk of a future claim or fine. To avoid jeopardising the process contact an Employment Law expert prior to initiating any disciplinary action and arm yourself with the appropriate guidance.

 

 

Employee who was dismissed while on sick leave (for allegedly failing to discharge his duties as head chef and because of his unacceptable behaviour over a number of months) is awarded a sum close to €18,000 by the Employment Appeals Tribunal under the Unfair Dismissals Acts, 1977 and 2007, the Minimum Notice and Terms of Employment Acts, 1997 to 2005 and the Organization of Working Time Act, 1997.

According to the Employer the Employee in question allegedly displayed aggressive behaviour and appeared for work under the influence of drink. Reports of bullying of colleagues and name calling were filed with the Employer along with incidents of racism and other insults (for instance, calling a kitchen porter “stupid”, “slow” and “a druggie”). The Employee was also accused of throwing a knife at another member of staff - Matters the Employee refutes.

 

The Employee’s performance was called into question on a number of occasions prior to his dismissal – his failure to have adequate staffing and stock were criticized. A lack of communication and flexibility, in particular in relation to changing his time-off (for example, refusing to come to work on Good Friday when the Munster rugby team was playing) was outlined in an “Official Written Warning” on the 6^th of April (the second letter of its kind).

On the 7^th of April a dispute arose as to whether the Employee in question arrived for work “drunk”. He was instructed to get a blood test by his Employer. The Employee left the premises and sent a text message explaining that he would be on sick leave for the remainder of the week. Over the next few weeks the Employee sent numerous medical certificates indicating that he was suffering from an ulcer (the Employer was aware of this ulcer from early on in the employment).

On receipt of the “Official Written Warning” dated 6^th April (mentioned above) the Employee’s trade union sought a meeting with the Employer as the trade union maintained that the warnings had been issued “unfairly without any consultation or trade union representation”. This meeting was held on the 20^th of April in the hopes that issues between the Employer and Employee (who had previously been friends) could be resolved, however, the Employee’s unresponsiveness dissatisfied the Employer and he undertook to consult with his legal team. The Employee believed that the Employer wanted to replace him as he had advertised for a head chef the previous day (April 19^th).

On the 26^th of April the Employee enquired as to when he should return to work and the Employer replied telling the Employee to start back the following week (May 3^rd) but when the expected return date arrived the Employee again produced a medical certificate. Two days later the Employer instructed the Employee to post medical certificates and not to attend the premises, except to return keys, until the Employer had heard from his legal team.

When the Employee furnished medical certificates to cover him for the entire month the Employer wrote to the Employee dismissing him for failure to heed the warnings regarding his behaviour and for arriving to work under the influence of drink as well as throwing a knife at another staff member. 

The Employee believed the disciplinary action was taken against him as a result of a complaint that he had made to the National Employment Rights Authority (NERA) a few months prior to the dismissal.

The Employee was dismissed while on sick leave and the Employment Appeals Tribunal found that, based on the medical certificates and an endoscopist’s letter, the Employee had genuine reason for his absence. The Tribunal found that the procedures used by the Employer in dismissing the Employee were “flawed” and “deficient” because neither of the “official warnings” issued to the Employee put him on notice that his job was in jeopardy.

The Tribunal found that the Employer had not investigated the knife allegation in a “fair” manner. The Employee was dismissed without the benefit of a disciplinary hearing and without being afforded the opportunity to respond to the allegations made against him. In addition the Tribunal found that the Employee was not afforded an adequate opportunity to improve between his warning letter and his dismissal (as he was on sick leave during that period).

The Employee was awarded €14,500 under the Unfair Dismissals Acts, 1977 to 2007, €1,538 (being the equivalent to two weeks’ pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and €1,691.80 (being the equivalent of 11 days annual leave) under the Organisation of Working Time Act, 1997.

In total the sum awarded to the Employee by the Tribunal was €17,729.80.

You might ask how this Employee received such a substantial award given his alleged appalling performance in the workplace...... The Employer failed to follow the correct process when disciplining, and then dismissing, the Employee and therefore left himself open to a claim under the Acts.

This was a very costly mistake on the part of the Employer and one that could easily finish a small business.

This example, along with thousands more, reiterates the significance of complying with Irish Employment Legislation and observing appropriate disciplinary procedures in order to insulate your company from the risk of a claim.

 

 

Published on Employment Appeals Tribunal Website – 29^th May 2013 – Sealed with the Seal of the Employment Appeals Tribunal. 

Source:

http://www.eatribunal.ie/determinationAttachments/indexedLiveDocs/c5e8f31a-cc9b-4ee6-8d59-1d9d7e1059ee.pdf

 

 

 

Employees in many companies are required by management to wear a uniform or expressed work attire while carrying out their work responsibilities or while present in the workplace. There are many reasons why employees are obliged to wear a uniform -

 

• A uniform is important in some industries from a Health and Safety perspective
• Wearing a uniform can create a sense of pride/comfort/unity among employees
• Uniforms maintain the company’s corporate image and are a branding opportunity
• Uniforms assist in the efficient identification of employees which is helpful to customers, other employees, suppliers and stakeholders in general.

 

The “uniform” requirements may be a simple guide – for instance “All employees must wear black while carrying out their duties” or employees may simply have a name tag attached to their own clothing.

 

In many workplaces a specific uniform is not mandatory; however, compliance with the company’s dress code may be compulsory and will be enforced by the employer or management.

 

Employees will often come into contact with clients and suppliers and consequently it is in the best interest of the company that they present themselves in a professional manner with regards to appearance and standards of dress. It is essential that overall hygiene and grooming are maintained.

 

Where uniforms are not provided or required, employees should wear clothes appropriate to the job responsibilities - Naturally a mechanic will wear a different form of clothing than an office worker.  

 

Where possible work attire should be kept clean and tidy at all times.

 

 

Some employers will restrict employees in terms of what jewellery is allowed as well as items like tattoos – If a company has guidelines in relation to matters such as work attire the relevant policies should be included in the employee handbook and this should be made available to all employees on the commencement of their employment.

 

Some employers will provide uniforms for employees when they commence employment. In some instances the cost of the uniform will be deducted from the employees pay. Rules in terms of the maintenance of the uniform vary from company to company.

 

Some companies will request that employees launder their own uniforms at their own expense or at the expense of the company. Medical professionals, for instance, must always have sanitized work attire.

 

It is important that employers do not request that their employees wear inappropriate uniforms or uniforms that are not comfortable or practical for the work that is being completed.

 

Suitable footwear and clothing that is warm enough for the working conditions is essential.

 

According to health and safety guidelines an employer must communicate any risks to the employee that would require them to wear protective equipment. The employer should provide the relevant protective equipment such as protective hard hats, metal topped shoes, eyewear and gloves etc.  Where necessary the employer should also provide training on how to use the protective gear. 

 

It is the duty of the employee to take reasonable care for his/her own safety and to use any protective equipment supplied. Radiologists should wear lead coated aprons, for instance, to avoid unnecessary amounts of radiation penetrating their bodies during x-rays.

 

The protective equipment should be provided free of charge to employees if it is intended for use at the workplace only. Where possible, the employee should be provided with their own personal equipment rather than having to share this with other employees.

 

For assistance in creating contracts of employment or employee handbooks containing policies and procedures about dress code/uniforms and much more and to ensure you are compliant with all employment legislation visit The HR Company and subscribe to have 24/7 access to your own personal expert HR department.

 

Employers should include clear codes of practice regarding tardiness in the workplace in the employee handbook and this should be given to each employee on commencement of their employment.

Timekeeping is very important, particularly when it comes to punctuality and reliability in work related activities.   

 

The employee’s working hours should be specified prior to the start of the employment relationship and he or she should ensure to be ready to start work (not just arrive) at the appointed time.

 

Employers should attach great importance to consistent punctuality as clients and other key stakeholders rely on the availability of the employees at particular times.

 

If an employee is going to be late for work he or she should contact their manager immediately giving the reason and their approximate time of arrival. Notification should be made personally. Notification by text message or email is not professional and should be discouraged. 

 

Employers should not hesitate to take disciplinary action against those that are late to work – in fact, rather than ignore it or “let it go”, the best thing to do is to raise the topic with the employee to make them conscious that you are aware of the punctuality issues and to show your dissatisfaction with the behaviour – this will usually nip it in the bud before it becomes a habit that is difficult to shake.

 

One way to deal with lateness is to withhold payment for the period that the employee was not present and available to work. A disciplinary procedure can also be initiated, up to and including dismissal, if there is constant lateness or non-attendance as this is a serious offense that disturbs other colleagues, management and clients.  

 

If the tardiness is recurring employers should reach out to the employee, particularly if this behaviour is out of character. There may be an issue that the employer should be made aware of. If the employee is experiencing personal problems he or she should be encouraged to utilise the services of the employee assistance program, should this be available in the company.

 

If there is a need to adjust the required hours of work of an employee due to changing market and business requirements as much notice as possible should be given to the employee.

 

For guidance on the best approach to grievance issues visit connect with The HR Company.

The HR Company provides an abundance of human resources expertise at a very affordable price and will manage all work associated with reducing working hours/redundancy steps and everything in between.

The HR Company interprets all employment legislation and delivers all disciplinary recommendations - even writing the disciplinary letters for you. (These will be customised; no samples or templates). 

Did you know that NERA inspectors are currently carrying out investigations to ensure that businesses are compliant with employment legislation and that labour inspectorates have the right to request access to employment records such as, Hours of Work, Public Holiday Benefits, Annual Leave, Wage Sheets and Legally Compliant Contracts?

The HR Company ensures companies are NERA compliant to avoid fines and damaging repercussions.

The experienced HR professionals will issue all customised contracts of employment for your employees and will prepare an employee handbook specific to your company.

Your dedicated account manager will manage any conflict in the organisation including bullying & harassment in the workplace as well as giving recommendations in response to performance issues.  

The HR Company will keep you up to date with all changes in employment legislation.