Employment Legislation
We firmly believe that prevention is the preferable option.
Legislation
Why run the risk of failing in an employment related issue because of poor documentation or neglecting the procedures that should be followed?
A quick e-mail to us can result in your having an action plan for dealing with the problem. Our approach saves time,trouble and expense.
Policies and Procedures
Employers who fail to prepare, implement and communicate appropriate policies on a range of issues are at risk of employment-related claims. Among the most important policies and procedures to have in place are:
Grievance Procedure;
Disciplinary Procedure;
Equality Policy;
Health and Wellbeing Policy
Workplace Dignity And Respect Policy
Internet and e-mail Policy.
We can provide you with standard or tailor-made policies and procedures that are designed to protect your business and ensure that you have a clear strategy within which to resolve problems arising in your workplace.
Employment Law
We can assist you in auditing your existing contracts, HR policies, procedures and practices in order to ensure that they are compliant with existing employment requirements.
Irish employment law is a complex mix, a labyrinth that can lose you in its complexity if you are not careful.
Employment Legislation Audits
Employment Contracts
Dismissal
Redundancy
Bullying and Harassment
Policies and Procedures
Employment Contracts
The key element of employment law is the contract entered into between an employee and his or her employer. The contract will typically determine such issues as the rate of pay, hours of work, location of work, holiday entitlements and so on. Contracts of employment are of paramount importance in determining the rights and duties of both parties, and will prove extremely important in the event of disagreement between the parties.
Where it falls short of the minimum standards set out in legislation, it is effectively overridden by the legislation. The contract will be the starting point for any examination of an employee’s legal rights.
Even where there is no written document, a contract will still be regarded as regulating the relationship between an employer and an employee. The terms and conditions contained in that contract are a combination of terms that have been verbally agreed, terms that are implied by the conduct of the parties and terms implied from legislation.
Employers should, however, remember that they are legally obliged to at least provide written statements of key terms and conditions of employment to their employees and to confirm any changes to those terms and conditions in writing.
New employees must be given a written statement containing specified particulars including key terms and conditions of employment within specified time limits of the commencement of their employment. Existing employees who request one must be given a written statement.
Employment Legislation
An ever-increasing number of statutes regulate the modern employment relationship. They are the source of a wealth of legal rights for employees and corresponding – and sometimes onerous – legal duties for employers. A sample of the relevant Acts are listed below.
Terms of Employment (Information) Acts
Employment (Miscellaneous Provisions) Act 2018
Payment of Wages Act
Employment Equality Acts
Safety, Health and Welfare at Work Act
Protection of Employees (Part-Time Work) Acts
Organisation of Working Time Act
Protection of Young Persons (Employment) Acts
Maternity Protection Acts
Adoptive Leave Acts
Parental Leave Acts
Carer’s Leave Acts
National Minimum Wage Act
Redundancy Payments Acts
Unfair Dismissals Acts
Minimum Notice and Terms of Employment Acts
Protection of Employment Act
Protection of Employees (Employers’ Insolvency) Acts
European Communities (Protection of Employees on Transfer of Undertakings) Regulations
Dismissal
Dismissals can be a legal minefield for employers, with employees having the option of suing for unfair dismissal, wrongful dismissal, constructive dismissal or applying to the High Court for injunctions.
Regardless of your reason for wanting to terminate an employee’s employment, it is of the utmost importance that you follow fair procedures at every stage of the process. We can ensure that you have a comprehensive dismissal procedure in place which will significantly reduce the risk of your being sued, saving you time, money and stress.
We provide comprehensive advice in relation to suspension, investigation and disciplinary hearings through to the appeal hearing phase of a dismissal. Alternatively, we can run or attend at such hearings should the need arise.
If a claim arises from a dismissal, we have the expertise to advise you at every stage of the claim process and will assist you before the Workplace Relations Commission.
Redundancy
The Redundancy Payments Acts guarantee workers with two or more years of service a number of rights in redundancy situations. These include the right to a lump sum payment, advance notice and time off to look for other work.
In addition, the Protection of Employment Act requires that employers provide specified information to employees and consult with their representatives on a range of issues before giving effect to any collective redundancies.
Redundancies are also open to challenge under the Unfair Dismissals Acts.
John Forde Human Resources Advisory & Support Services can provide comprehensive advice for employers who are considering making employees redundant.
Bullying and harassment
Harassment on a variety of grounds (including gender, age, race and sexual orientation) is prohibited under the Employment Equality Acts. Bullying, meanwhile, is unlawful under Safety, Health and Welfare at Work legislation. Both bullying and harassment can give rise to constructive dismissal and personal injuries claims against employers.
All employers should have policies in place in relation to dignity at work or bullying and harassment. Those policies should be in line with current legislation and should be communicated to employees.
If you need help in developing or implementing a harassment policy, dealing with a complaint of bullying or harassment or defending a claim, we can help.