The Importance of Social Media Policies in the Workplace
A recent headline in the UK news linked to social media polices, revolved around Gary Lineker where his politicised tweet criticised the UK Government's new immigration policy. The tweet saw the BBC Match of the Day presenter removed from his presenting duties pending an investigation as to whether he had broken the BBC's *'Guidelines on Impartiality'* and *'Guidance on Individual Use of Social Media'*. The BBC subsequently reinstated Mr Lineker following the investigation. The difficult position the BBC found itself in is a timely reminder that employers should have effective social media policies in place to deal with such incidents.
What can we learn from BBC’s approach?
Reputational risk & disproportionate response
The BBC could not ignore the public backlash which followed Mr Lineker's removal and its impact on the organisation's wider reputation. It was widely felt that the decision to remove him was disproportionate to the purported breach of the BBC's policies.
Social media provides a place where public backlash can gain momentum and damage an organisation's reputation. This reputational damage could come from the employee or contractor's comments or, as we have seen in this instance, from the organisation's handling of subsequent disciplinary action.
Employers must have comprehensive policies to mitigate the risk that public remarks could adversely affect their reputation. Objective and fair investigation and disciplinary procedures must be in place where an employer feels an employee or contractor has breached these policies, and should a sanction be applied, it must be proportionate to the breach committed.
Solidarity boycott
Mr Lineker's colleagues announced a boycott of their duties in solidarity with Mr Lineker. This boycott forced the BBC to rethink its decision as it heavily impacted scheduled programming.
The BBC has since announced an independent review of its guidelines.
Key takeaways
The Gary Lineker story focuses on the difficulties that can arise for organisations in the social media age and shows us that the line between professional and private life is not always clear. It is a wake-up call for individuals to be wary of what they post online and for organisations to have clear social media policies in place so appropriate action can be taken where an individual does cross that line.
In summary, a social media policy should:
- Establish clear guidelines and standards on the accepted use of social media in the workplace.
- Contain clear information about disciplinary procedures for breaches and the potential consequences for such breaches.
- Warn individuals that employers may take disciplinary action with posts on their personal social media accounts where a connection can be drawn to their workplace.
Updates to Probationary Periods
The European Union (Transparent and Predictable Working Conditions) Regulations 2022 came into force in Ireland on 16 December 2022.
These regulations introduce significant changes to the law on contracts of employment and working conditions for employees, but the new rules in relation to probationary periods in contracts of employment are of particular importance.
New Rules on Probationary Periods
In the private sector, the probationary periods of employees should not exceed 6 months. ‘In the interest of the employee’, the maximum duration for a public servant's probationary period is now 12 months. There is no further guidance on what is envisioned as being in the interest of the employee.
An employee may avail of certain categories of protected leave during the probationary period (maternity, adoptive, carer’s, paternity, parental, parent’s or sick leave). If this arises, the probationary period shall be extended by the employer for the duration of the employee’s absence.
These Regulations also amend the Protection of Employees (Fixed-Term Work) Act 2003 to require that probationary periods in fixed-term contracts be proportionate to their duration and nature. There must be no probationary period for contracts that are renewed or extended (for the same work).
If an employee was subject to a probationary period which exceeded 6 months on the date the Regulations came into force (16 December 2022), and if at least 6 months of probation has been completed by the employee, then the probationary period shall expire on the earlier of:
(i) the date the probationary period was due to expire
(ii) 01 February 2023.
We therefore recommend that employers review their current contracts of employment to check if any employees have contracts with probationary periods for longer than 6 months. This includes circumstances where any initial probationary period has been extended, as these periods should have expired on 1 February 2023 or earlier.
Probationary periods are a very useful tool for both employers and employees to trial the working relationship and ensure that the parties are a good fit and work well together. A well drafted contract will normally provide for a short notice period during the probationary period (customarily one week).
Employees will not usually have the benefit of the Unfair Dismissals Acts until they have achieved 12 months’ continuous service. Termination of an employee during the probationary period, and in accordance with the contract, can be a lower risk and efficient way to terminate an underperforming employee.
A probationary period does not, however, give an employer automatic authority to terminate employees and if allegations of misconduct, protected disclosures or discrimination, etc., occur legal advice should be sought.
Other 2023 Developments
There are multiple proposals for reform in the pipeline, which employers should keep an eye out for and review current practices and policies to ensure they comply with the upcoming changes. Further information on expected developments is below:
Flexible and remote work
Draft legislation is in place to allow eligible employees with children up to the age of 12 (or 16 if the child has a disability or long-term illness) and employees with caring responsibilities to request flexible working arrangements for a set period of time for caring purposes.
Employers will need to carefully consider and deal with these requests. While remote working will not be feasible for all employees, employers will still have to consider their own needs and the needs of their employees when considering a request. This looks like it won’t be in force until Summer 2023.
Steps towards a potential four-day working week are gaining momentum with some employers trialling the effectiveness of, or implementing, a four-day week for their organisations. While this may not be relevant to a lot of categories of staff, it is a trend employers should keep an eye on.
Family rights
Draft legislation is in place to allow a better work-life balance for parents and carers. The proposals include:
- five days' unpaid leave for medical care purposes
- an extension of the period during which time can be taken out from work to breastfeed
- the extension of maternity leave entitlements to transgender men
- 10 days' paid leave for victims of domestic violence
Employers should review existing processes with a view to preparing for and ultimately implementing these changes.
An additional proposal is to allow the bereaved parent of a child who has died to take bereavement leave. In relation to miscarriage, while paid maternity and paternity leave upon stillbirth or miscarriage is currently only available after the 24th week of pregnancy, there are proposals to make provision for paid leave before the 24th week. The proposals also provide for paid leave for the purposes of availing of reproductive healthcare such as in-vitro fertilisation.
Employment permits
Draft legislation is in place to streamline, improve and modernise the employment permit system. The proposals include a new type of employment permit for seasonal workers, allowing subcontractors to make use of the employment permit system, and additional eligibility conditions for certain employment permits to be specified.
Wage changes
Several pieces of legislation are being debated around minimum wages for interns and young people. A national "living" wage (the wage people need to take part in Irish society) is also to be introduced over a four-year period, to be in place by 2026, when it will replace the national minimum wage. The first step towards reaching the living wage is the 2023 increase to the national minimum wage. A number of large employers in Ireland have already announced increased wages for their employees in anticipation of the proposed living wage.
Other trends and policy areas to watch
Many employers may be considering embarking on redundancy or restructuring programmes during 2023. However, alongside the economic downturn and the continuing cost-of-living crisis, there is an ongoing skills shortage and battle to attract good people. It is therefore expected that there will be ongoing efforts to do the right thing and create the right culture through:
- menopause policies
- fertility policies
- focus on managing mental health
- embrace flexible and remote working including remote working from overseas locations
Celebrating Women in Tech with Eleanor Vaughey
At Bright we celebrate all our employees achievements and progress in the Tech industry everyday and with International Women's Day last week we wanted to shed a light on some of our amazing women at Bright but we didn't want to just do it for one day, as all our employees deserve to feel the spotlight every day of the week. So this week we are shining a light on Eleanor Vaughey who works in our Marketing department. Eleanor sat down with us to talk about who inspires her in her career and why diversity in the workplace is important.
Question: Is there anyone that inspires you in your career?
Eleanor: All of the bosses I’ve had throughout my career have been women. There are a lot of women in my life who are in leadership roles too – teachers, doctors, managers. I’m very fortunate to have a lot of inspirational women in my life.
Question: Why do you think diversity in the workplace is so important?
Eleanor: I think it’s important for different ideas and viewpoints. It enriches the workplace and provides opportunities for broader and deeper perspectives everything – from bigger picture strategies to quick weekly brainstorms.
Question: What is the most important piece of advice you have been given?
Eleanor: That we can do anything, once we have the resources and tools available to us. And if we don’t know how to do something, it’s just because we haven’t had the opportunity to discover and access those resources yet.
Question: On International Women’s Day, what is the most important message you want to send out to young women thinking about their careers?
Eleanor: Don’t be scared to try out a role because you think you’re not smart enough or capable. Nobody starts out as an expert, ever. Go all in and be brave. And if it doesn’t work out, at least you tried it out and are wiser from it, rather than never trying at all.
There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.
Celebrating Women in Tech with Neeraja Sankar
At Bright we celebrate all our employees achievements and progress in the Tech industry everyday, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We recently interviewed Neeraja Sankar who has given us her thoughts on IWD.
Question: Why do you think diversity in the workplace is so important?
Neeraja: Although this is a IWD piece, I think diversity, beyond gender diversity, can be incredibly beneficial for an organization. A diverse workforce means our people can bring to the table varied opinions, thoughts, and viewpoints because of their different backgrounds – the more varied our perspectives, the more innovative and agile we can be as a company. For a company like Bright that is constantly evolving, and thinking of better ways to meet our customers’ needs, this diversity in viewpoints is invaluable and in turn, leads to increased employee engagement and morale.
Question: What is your proudest achievement whilst working here?
Neeraja: Our HR team once shared a candidate was drawn to interviewing for Bright, specifically because our leadership team had a good gender balance (we’re working toward making this even more balanced!) – whilst this is not a direct achievement of mine, I felt incredibly proud that I am part of a leadership team that is aspirational for people.
Question: What advice would you give to the next generation of female leaders?
Neeraja: Believe in yourself and your potential but balance that with being humble and self-aware
Have a strong sense of purpose, and let it be the foundation for what kind of leader you want to be
As a leader, you often have to ask yourself “who can I work on this with?” - surround yourself with people who have similar principles to yours, and inspire confidence through your actions and vision
Seek out a mentor – having a mentor can do beneficial with building your confidence and opening doors to new opportunities
Question: What is the most important piece of advice you have been given?
Neeraja: This is not direct advice that was given to me but I learnt a lot when from a leader I worked with, who was excellent at bringing people along in her journey. As mentioned above, leadership a lot of the time is working with others, and this particular leader I worked with was always looking for opportunities to build and lift her team up. She was good at recognizing others’ strengths, and empowered and equipped them to contribute to their full potential. This worked wonders for her, her team and the organization she worked for. This principle of elevating people I work with and bringing them along in my personal journey as a leader underpins my approach to work and leadership.
There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.
Celebrating Women in Tech with Aisling Hetherington
At Bright we celebrate all our employees achievements and progress in the Tech industry everyday, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We recently interviewed Aisling Hetherington who has given us her thoughts on IWD.
Question: What does IWD mean to you?
Aisling: For me, International Women’s Day is a day to celebrate the achievements of women both in and out of the workplace. From years ago, when my mother's generation were encouraged to stay at home or to give up work once they became mothers, to a world where we are encouraged to excel in our careers while also having a family. Sometimes this can be a balancing act and working for such a family friendly and supportive organisation as Bright makes this a lot easier. This is not the case in other organisations and in some countries where women face ongoing struggles for equal rights and opportunities. While I personally don’t think that gender makes a difference to your ability to carry out a job or have a successful career, it is well known that for a long-time, women have faced more challenges in the workplace. Thankfully, there is more awareness about this now (for example the gender pay gap) and we have seen great changes over the last number of years. This is an ongoing journey to improving equality for women.
Question: On International Women’s Day, what is the most important message you want to send out to young women thinking about their careers?
Aisling: They can achieve anything that they set their heart on, regardless of their gender and there is nothing that can hold them back. They should never doubt their ability or limit themselves. I have always worked hard in my career and given my all to the organisation I am working for. It is also important to switch off outside of work with family and friends. It’s great if the career path and job chosen when they finished school is one they enjoy and are passionate about. It’s also possible to change this path at any stage of their life so should never be afraid to take on something new. I know this from first-hand experience.
Question: How can we encourage more women to pursue senior leadership roles in their career?
Aisling: Organisations have responsibilities to encourage women to pursue senior leadership roles and provide the education and training to prepare them for it. Typically, these roles require time commitments that may go beyond the 9-5 workday. This is something that should be reviewed and changed if it is noticed occurring regularly in the organisation. It is important for organisations to recognise that people have responsibilities outside of the office. So many studies have been completed now looking at the working hours, working days, flexible and hybrid options, and work-life balance. Organisations need to value their employees and senior leaders and recognise that they have commitments outside of the office, regardless of their gender. Some days, more attention may be needed to a person’s home life than to their work life. I was very lucky early in my career that I had many women (and men) in leadership positions who encouraged me to take on new roles, education, projects and challenges and guided me throughout my career. Some people may not have the belief in themselves and so, if you are in a senior leadership position, actively seek out and support talented women in the organisation, take them in as a mentee and offer them the encouragement to advance their career.
Question: Have you faced any barriers in your career due to being a woman? If so, how did you overcome them?
Aisling: I have not had barriers as such but have had challenges to overcome. One of these was juggling a career, studying and 2 children as a single mum. Despite the challenges I faced, I managed to overcome these with the support of family, friends, and colleagues. I don’t think this is unique to me, or to me as a woman, as many people face barriers and challenges as they navigate their own careers. I think sometimes attitudes of others can have an impact at times and create barriers. I personally don’t see my gender as a barrier to achieving success. I appreciate that this is not the same experience as others have had and continue to face. For a large part of my career to date, I worked in the healthcare industry which typically had more female than male employees and as a result quite a few women in senior leadership positions. Perhaps this is why I do not see these barriers and I have certainly not seen them since joining Bright last year.
There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.
Happy International Women's Day!
Happy International Women's Day!
At Bright we celebrate all our employee's achievements and progress in the Tech industry every day, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We also included some of our Bright men who shared their experiences and opinions with us too.
On IWD2023 and beyond, everyone everywhere can help forge an inclusive world. Let's #EmbraceEquity to create places & spaces where women thrive.
Domestic Leave Updates
The Government has now approved the publication of the Work Life Balance and Miscellaneous Provisions Bill 2022, which will introduce five days of paid leave for those suffering from, or at risk of, domestic violence.
When enacted, this legislation will support workers to remain employed and maintain financial independence, allowing them space to seek the necessary support. This is the first statutory employment benefit when it comes to domestic violence, and its introduction will significantly impact employees suffering from, or at risk of, domestic violence.
Who can avail of the leave?
Any employee who has a contract of employment can avail of the leave. This includes part-time employees and fixed-term employees. There is no minimum service requirement for employees to avail of this leave. The Bill provides that employees are entitled to paid domestic violence leave from their employer where the employee or a "relevant person" has experienced in the past, or is currently experiencing, domestic violence.
What does "relevant person" mean?
A relevant person is defined in the Bill as:
- the spouse or civil partner of the employee;
- the cohabitant of the employee;
- a person with whom the employee is in an intimate relationship;
- a child of the employee who has not attained full age; or
- a person who, in relation to the employee, is a dependent person.
How does the Bill define domestic violence?
Domestic violence is defined as violence or the threat of violence, including sexual violence and acts of coercive control that has been committed against an employee or a "relevant person" by any of the following:
- the spouse or civil partner of the employee or relevant person;
- the cohabitant of the employee or relevant person;
- someone who is, or was, in an intimate relationship with the employee or relevant person; or
- child of the employee or relevant person who is of full age and is not, in relation to the employee or relevant person, a dependent.
What is the purpose of the leave?
The purpose of domestic violence leave is to enable victims of domestic violence to seek medical help, obtain counselling, relocate, seek advice or assistance, or obtain a safety order from the courts. As the leave also extends to relevant persons, employees may avail of the leave to assist the relevant person in any of these ways.
How many days leave are employees entitled to under the Bill?
Employees will be entitled to five days paid domestic violence leave in any period of 12 consecutive months.
What will the prescribed rate of pay be for employees availing of the leave?
The Bill provides that the Minister for Children, Equality, Disability, Integration and Youth may make regulations to prescribe the daily rate of domestic violence leave pay, which may be capped at a maximum daily amount.
Will employees be required to show proof of domestic violence?
No, employees will not be required to produce proof of domestic violence to avail of the leave.
Currently is status of this Bill is in Stage Four in the Seaned. The Bill, as initiated, is available here.
Once further updates have been given will we also provide further updated guidance.
