Irish Employment Legislation Updates and Guidance

Uniforms, General Workwear and Dress Code Queries Answered

uniforms-workwear-dress code-uniformEmployees 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.

 

Suit-Dress Code-Workwear-Uniform

 

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.

 

By |2017-01-02T11:00:38+00:00June 17th, 2015|Policies & Procedures|0 Comments

Dealing with lateness in work – what should you do as an employer?

lateness in work

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.

 

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By |2017-01-02T11:00:36+00:00June 17th, 2015|Policies & Procedures|0 Comments

Parental Leave Entitlements under Irish Employment Legislation

Employers – did you know that as of Friday 8th March 2013 parental leave has been increased from 14 to 18 weeks?

Here is a breakdown of the points that employers should take note of:

Any employees who have a current or future entitlement to Parental Leave will increase from the current 14 week allowance to 18 weeks going forward.

The directive affords a parent returning to work the right to ask for a change in work pattern for a set period thereafter – the employer is only obliged to consider the request not to adhere to it.

 employment-rights-Ireland-parental-leave

An employee seeking a change in work pattern should make the request as soon as is reasonably possible (no later than 6 weeks before the proposed commencement).

  

Where the employer refuses the request, the employer must within 4 weeks of receiving the request, inform the employee in writing that the request has been refused.

 

There is no obligation on the employer to explain why the request was denied.

 

Where the changes are granted the employee should be asked to sign an agreement specifying the changes to the employee’s working hours or patterns of work and the duration of same.

 

Additional Important information:


Parental leave is available for each child.

 

Unless the employer agrees to a longer period where an employee has more than one child, parental leave is constrained to 18 weeks in a 12 month period. There is no obligation on the employer to conform to such a request.  

 

Bear in mind that parents of twins or triplets can take more than 18 weeks of parental leave in a year.

 

The 18 weeks per child may be taken in one continuous block or, alternatively, in 2 separate periods of a minimum of 6 weeks each. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child.

 

Separating the parental leave entitlements in to shorter periods of days or even hours can be agreed on an individual basis – this is at the discretion of the employer and is based on the operational needs of the business - there is absolutely no obligation on the employer to agree to shorter periods. The employer should maintain detailed reports of all parental leave as it is used.

 

It is important to note that both parents have an equal, separate entitlement to parental leave.

 

It is not possible to transfer leave between parents unless they both work for the same employer and the employer agrees to this set-up.

 

Any employees that are currently entitled to parental leave are covered by this extension from 14 to 18 weeks.

 

It is permissible to avail of parental leave in respect of a child up to 8 years of age.

 

There are special allowances for children that were adopted between the ages of 6 and 8 – leave in this instance may be taken up to 2 years after the date of the adoption order.

 

Similarly, in the case of a child with a disability leave may be taken up to 16 years of age.

 

Where illness or other incapacity prevented the employee taking the leave within the normal period exceptional allowances may be made.

 

Employees must have 12 months continuous service to avail of parental leave; however, a percentage of the leave is available to employees with shorter service in certain circumstances.

 

Parental Leave remains as being an unpaid leave from employment. However, employers should be aware that employees retain their right to accumulate annual leave while on parental leave and also employees retain their entitlements for Public Holiday’s while on Parental Leave.

 

The company may postpone the parental leave on the basis that the leave would have a substantial, adverse effect on the operation of the business or due to the number of employee’s taking leave at one time.

 

For more information on the Council Directive 2010/18/EU on parental leave visit:

http://www.justice.ie/en/JELR/Pages/PR13000093

 

For guidance on all your HR related questions and for Employment Law expertise visit The HR Company and we will arrange a complimentary consultation to assess your exposure with respect to employment legislation, contracts of employment and much more. 

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By |2017-01-02T11:00:37+00:00June 17th, 2015|Policies & Procedures|0 Comments

Theft in the workplace – A serious issue for employers

The HR Company aims to assist employers by giving guidance on all HR related topics - here we advise on what to do when theft is suspected in the workplace:

Request for guidance from employer:

I know somebody in my staff is stealing money from the till. I'm pretty sure I know the culprit. What are my options? I have a staff of nine, all of whom handle cash. I don't have closed circuit TV.

 


stealing in the workplace

The HR Company expert advice:

As with any accusation of theft, the onus of proof is on the Employer to establish the culprit. Therefore the business needs to have an appropriate policy in place to investigate such allegations. An Employer should have a Right to Search policy in place in their contracts of employment and Company Handbook. If there is no such policy, an employee has the right to refuse a search of their personal items.

To uncover the person responsible for the theft, there should be markers placed on notes and then a search carried out to obtain the proof. If there is CCTV in place, then the recorded evidence should be obtained.

 

How to handle theft at work

Common Pitfall:

An Employer discovers there is a theft of money and conducts a 'Witch Hunt' of the staff member they suspect, and this staff member can then claim that they are being victimised in the workplace.

Employers often end up paying out thousands of euro for disciplining employees without following appropriate procedures


Keeping employers compliant in the current business environment

Many businesses are at risk from within. The climate has never been more litigious. This is not just hearsay. The Labour Relations Commission (LRC) is estimated to have over 50,000
cases on its books. Our estimate is that up to 80 percent of Employers will end up paying out.

Why?

Because Employers make mistakes in how they deal with employees. You can't just call
someone into the office and tell them they're dismissed or subject to a disciplinary measure.
We've had cases where a business owner has erupted in a fit of temper and told slacking
employees to go home and never come back. That's a recipe for Employer disaster.

Some - not all, I hasten to add - employees are watching their opportunity. Ninety-nine times out of 100, it's nothing personal - they're just looking for a way to replace income caused by falling rates and hours. Job prospects are slim out there and they don't see much light at the end of the tunnel. So if they can use you to make up the shortfall, they might take the opportunity.

Irish Employment Law - NERA Compliance

 

How do you insulate yourself from the risk of paying out thousands of euro in a claim? Here are some tips to take on board:

 

Be compliant. The National Employment Rights Authority (NERA) is the governing body for employment rights. To be compliant, you must have all your processes in order, right from the terms and conditions onwards. The process of becoming compliant takes you through the many steps along the way. Also, compliance ensures you won't ship a painful fine from NERA.

Understand that, when it comes to employment issues, process is king. You cover yourself by following process. Document what you have done, tell people why you've done things, follow correct disciplinary procedures - those are the nuts and bolts of the matter. Many business owners ride roughshod over the whole area of procedures. They are very vulnerable.

NERA Compliant - Employers avoid claims and fines

 

If you don't know employment law inside out, find someone who does. It will cost you money to get the expert advice you need, but the cost of taking a chance can be multiples more. Observe the legislation.


Redundancy is a minefield if you take chances. You must remember that employees now know their rights better than ever before. They have lived through a time when friends, family and work colleagues have been laid off. They have picked up a great deal of information about their rights. We say to Employers "your employees know their rights - do you?" Some businesses are now facing into a second phase of redundancies. In that instance, you can be guaranteed that staff know their rights better than they did for the first phase. If you don't follow process, if you make a false move, it could cost you.

 

 

 

NERA Compliance - Protecting CompaniesRedundancies are required to keep a business viable. Make your decisions based on what's best for the business - not because you want to get rid of Danny the storeman who you feel hasn't done a tap for years. Before making people redundant, look at the business overall and see what areas are suffering a downturn, what areas are picking up, and how best you should react to changed circumstances.

 

A Selection Matrix will help to clarify your thoughts and take the personalities out of the decision - and also
ensure that no-one can accuse you of using redundancy simply to take out people you don't like. As a business owner or manager, you are entitled to make decisions that make business sense. So establish the logic of any decision before you make it.




By |2017-01-02T11:00:34+00:00June 17th, 2015|Policies & Procedures|0 Comments

European Court of Justice may find that obesity is a disability.

ObesityLast Thursday, 12th June, the European Court of Justice heard a landmark discrimination case that was brought by Karsten Kaltoft of Denmark. Mr. Kaltoft alleges that he was discriminated against when he was dismissed by his employer because of his weight (approximately 25 stone). The case is the first of its kind to be referred to the EU and could have extensive consequences.

The Danish man was employed by his local authority – Billund local authority - as a child-minder. Kaltoft claims that his weight did not affect his ability to perform his child-minding duties; however, the Court heard that he was unable to do tasks like tying a child’s shoe laces without a colleague’s help.

The question that the European Court of Justice (ECJ) must consider is whether Mr Kaltoft’s obesity falls within the classification of a “disability” under EU law.

The Court’s decision, which is expected in a few weeks, will alter the EU’s Directive on Employment Equality which outlaws discrimination on disability grounds.

The Court’s decision will be binding across all EU member states, including Ireland.

If Kaltoft is successful in his arguments, obesity will be redefined so as to be categorised as a disability.

ECJ


The USA has already seen several individual workers receive compensation from their former employers as a result of being dismissed due to their obese status.

Until now, the UK courts have rejected obesity as a disability in its own right; however, if the ECJ finds that Mr. Kaltoft was, in fact, unfairly dismissed, employers throughout Europe will be bound by the ECJ ruling and will be forced to treat obesity as a disability going forward. Such a decision would, in future, force employers to make ‘reasonable’ adjustments - for instance, they may have to provide preferential access to parking (as is currently the case for disabled drivers). The ECJ ruling could also restrict employers from rejecting job candidates because of their weight.

According to a 2011 Oireachtas Library & Research Service report, ‘Obesity – a growing problem’, a staggering 61% of adults in Ireland are overweight or obese.

Body Mass Index (BMI) is a number calculated based on a person’s weight and height. Anyone with a BMI of 30 or more is classed as clinically obese.

Employers must pay attention to the ECJ decision in the Kaltoft obesity case as it may establish a precedent across all EU member states which could have major implications for employers.

By |2017-01-02T11:00:41+00:00June 12th, 2014|EU Directives|0 Comments
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