7 Employment Myths
We've clarified the truth on some of the most common employment law myths.
Myth 1: No employment contract exists if there is nothing in writing or signed.
Fact: Even verbal agreements are binding. An employment contract exists from the moment a job offer is accepted. Legally, an employer should within two months of an employee starting work, issue a written statement of terms and conditions of employment. Even if this document has never been issued a binding employment contract still exists. The written statement does not have to be signed so if an employer issues one but the employee does not sign it, the employer and the employee are still bound by the terms stated in it.
Myth 2: Holidays start to accrue once the probationary period is successfully completed.
Fact: Holidays start to accrue from the first day an employee is employed. The existence of a probationary period will not affect a new employee's length of service or statutory employment rights.
Myth 3: Employees can say when they take their holidays.
Fact: Employees requests for annual leave can be refused by an employer for business reasons. However, when considering leave requests employers should also bear in mind the employees family responsibilities and entitlement to rest periods. Based on business needs employers can specify certain periods where annual leave can or cannot be taken. Employers should consult with employees at least one month before any holidays are due to commence.
Employers are advised to agree with employees how and when employees should give notice of annual leave. But in the absence of any agreement it is recommended that the notice period should be at least twice the period of leave to be taken. So for example if a weeks’ leave is requested then two weeks’ notice should be given.
Myth 4: Employees on long-term sick leave should be left alone.
Fact: Although employers should not put undue pressure on employees who are on long-term sick leave, they are entitled to find out more information about the illness with the aim of establishing when and how the employee could return to work. This would include consultation with the employee and, with permission, writing to the employee's GP (and any specialist) to find out about the employee's condition, the prognosis and whether there is anything the employer can do to help facilitate their return (such as reduced hours).
Myth 5: If an employee is on maternity leave it’s illegal for an employer to contact her about any work-related issues.
Fact: Employers can and should keep in contact with employees on maternity leave. It’s good practice to agree beforehand how this contact should take place and to be sensitive to an employee’s circumstances and preferences. You could agree when is best to telephone, write letters or email employees about workplace developments.
Myth 6: An employee’s continuous service resets after moving roles within a company.
Fact: Moving roles within the same company does not ‘reset’ an employee’s continuous service. Although after the move the employee may be in probation, this does not mean that their previous service for the same employer can be discounted.
Myth 7: A worker cannot be accompanied by a trade union representative at formal meetings unless the employer recognises the union.
Fact: Workers have a statutory right to be accompanied at formal discipline and grievance hearings by a trade union official, and there are no requirements regarding whether the specific union has been recognised by the employer or not. Alternatively, a worker can be accompanied by a colleague.
Bright Contracts - Employment Contracts and Handbooks
How to Recruit for SMEs
68% of SMEs feel they have average, or less than average, recruitment skills, according to recent research completed by The Irish Small and Medium Enterprise Association (ISME). Furthermore, 62% feel they cannot compete with multinationals when recruiting skilled staff, a worrying statistic considering 70% of the private workforce are employed in SMEs.
With the above in mind and considering how important staff are to just about everything a business does, we’ve come up with 6 tips to help SMEs recruit the best talent.
Know exactly who and what you are looking for
Your first step will be to create a clear job description and person specification, listing the skills and knowledge that you require. A good job description will serve as the basis for interviewing candidates, enabling you to assess each candidate against predetermined criteria.
Advertise Smartly
Utilise a number of different advertising avenues to maximize response and diversity for your business.
- Maximise social media; post your job on LinkedIn, Facebook, Twitter, Instagram or other social media. Illustrating the popularity of social media for recruitment, in 2015 50% of recruitment searches in the UK were carried out on mobile devices.
- Share your advert with local business groups or professional bodies.
- Create a “working with us” section on your website highlighting all the positives of working with you. This will not only be a great place to tell the story of your business as well as to post vacancy information.
Get your staff involved
Involving existing employees in the recruitment process will be a great way to include staff and boost morale.
- Ask them for suggestions on where best to advertise.
- Ask if they can recommend anyone. Perhaps consider offering a “Referral Bonus” if they refer a successful candidate who then passes their probation.
- Ask more senior staff members to get involved in the interview process.
Become a place people want to work
Building your employer brand is key to becoming an employer of choice and a magnet for talent. It is very important to build a positive image to your customers, existing employees, peers and competitors. They will in turn become advocates whose recommendations steer talented individuals to you.
Key areas that can help becoming an employer of choice will include; flexibility, work-life balance, involvement, staff responsibility, promotion, recognition, and reward.
Promote being Small
Multinational corporations may have the financial backing to offer greater salaries or packages. However, research consistently shows that remuneration is not the only driver for employees.
There are many advantages of being small, SMEs need to make small a selling point.
As a small employer, you may be able to offer:
- flexibility with a lot less red tape
- leniency around working times and locations
- employees can get involved in many projects, often above and beyond their job description, enabling employees to rapidly acquire new skills
- entrepreneurial ideas are encouraged and employees can initiate projects and drive innovation working with individuals at all levels of the company
- a family-like environment, where the company truly cares about employees, their job satisfaction, as well as their personal wellbeing.
Have a consistent approach
A clear, consistent approach to recruitment will ensure your company has a fair process that focuses on finding and attracting the right candidate for your businesses.
- Have predetermined interview questions and ask them of all candidates
- Interview notes should be taken and retained for a minimum of 12 months
- Always check references
- Hire for behavior and train for skills. You can’t change someone’s attitude, but you can develop their skills.
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Protected Leave - Maternity Leave
In this article we look at Maternity Leave in Ireland, continuing with our series of blogs on Protected Leave.
The Maternity Protection Acts 1994-2004 govern maternity leave, which comprises of 26 weeks paid benefit from the Department of Social Protection, provided the employee has made the required number of PRSI contributions. It also allows for a further optional 16 weeks extension of maternity which is unpaid.
There is no obligation on an employer to pay an employee whilst they are on maternity leave, but at their own discretion employers may pay additional Maternity Pay. It is advisable to include any details regarding payment or non-payment while on Maternity Leave in detail in a Maternity Leave/Pay section in the company handbook.
Under the legislation at least 2 weeks have to be taken before the end of the week of the baby's expected birth and at least 4 weeks after. Generally, employees take 2 weeks before the birth and the remaining weeks after. If the employee qualifies for Maternity Benefit at least 2 and no more than 16 weeks must be taken before the end of the week the baby is due.
From an EU comparison, in terms of duration, our maternity leave is relatively long with a total of 42 weeks leave, however with 26 paid at only 230e and the rest unpaid we are the only country in the EU with no period of Well-Paid Leave (well-paid is defined as at least 2/3’s of a salary).
Managing Maternity in the Workplace
Employees are obliged to inform their employer about a pregnancy as soon as possible. To ensure a healthy and safe work environment for a pregnant employee, employers should ensure to have pregnancy risk assessment included as part of their health and safety assessment.
During the employee’s pregnancy she will be entitled to paid time off to attend ante-natal appointments.
The employee will fill out a Form MB10 and the employer will be requested to sign and stamp it so the employee can apply for payment of Maternity benefit from the Dept. of Social Protection. If the employee chooses to take the additional 16 weeks unpaid Maternity Leave the employer must complete an “Application for maternity leave credits” form and send to the department.
Maternity leave is classed as Protective Leave, as such women on maternity leave will be entitled to:
- their full annual leave entitlement
- any bank holidays that fall during their maternity leave
- the right to return to work
Being listed as a protected characteristic, incorrect management of pregnancy and maternity leave could leave employers open to discrimination claims. To ensure your business is managing maternity correctly, employers are advised to have a clear maternity leave policy in place.
Bright Contracts - Employment Contracts and Handbooks
Bright Contracts IPU Partnership
Bright Contracts is delighted to have partnered with the Irish Pharmacy Union (IPU) and to have created a unique, tailored solution for IPU members.
Partnering with the IPU is very exciting and the combined result means that IPU members have exclusive access to watertight customised policies and procedures that set consistently high standards across IPU members.
Having launched the offering in February 2016, the response from IPU members has been extremely positive. It is extremely gratifying to hear members comment on the detailed, relevant content, as well as the functionality of the software.
What Bright Contracts offers IPU Members
- Company and staff policies and procedures that have been written for pharmacies.
- Sample job descriptions, include Pharmacy Technician and Supervising Pharmacist.
- Legally compliant employment contracts for all staff.
- All content approved and recommended by the IPU.
Benefits for IPU members
- Peace of mind regarding compliance with ever-changing employment law.
- No need to worry about keeping employee documentation up-to-date with employment law changes, Bright Contracts automatically updates users with employment law and best practice changes.
- Full flexibility for individual pharmacists to amend content to suit their own pharmacy.
- A low cost solution with no long term contracts, Bright Contracts offers a solution to expensive outsourcing providers.
- Free telephone and email support means users never have to worry about any software issues, the Bright Contracts team will always be on hand to help.
Availing of the Service
IPU members can access to a FREE Trial.
To access the software members first require a password, which is available from the IPU Training Department. The IPU can also provide members with a full “Getting Started Guide”.
On receipt of the password, the software can be downloaded from the Bright Contracts website under the TRY/BUY page.
Based on the success of the project so far, we very much look forward to working with the IPU into the future.
The Bright Contract’s industry customisation service is available to professional bodies or groups looking to set professionally high standards as well as offer value to their members. For further information call the Bright Contracts Team on 01 8499 699.
Bright Contracts - Employment Contracts and Handbooks
Euro 2016 - Avoid having to issue a workplace red card
Euro 2016 starts this Friday 10 June, with France v Romania kicking off proceedings in Stade de France, Paris. Whether your employees are die-hard football fans or fare weather followers, the Euros are more than likely going to be a key water cooler conversation over the next few weeks.
Unfortunately for employers, major sporting events pose a management challenge as employees look to support their team, regardless of the day, or time of day.
On a positive note, getting the management of sporting events, such as the Euros, right can be a great way to inject fun in the workplace and increase employee morale.
Below we look at some of the challenges and how best to manage them.
The Management Challenges
Leave Requests
Whether it is multiple holiday requests or employees looking for time off to watch the game, the chances are employers will have increased leave requests during this time. First and foremost, employers will need to ensure business demands can be met, however where possible employers are advised to take a flexible approach to such requests:
- can you be flexible with holiday requests
- can shift swaps be permitted
- is it possible to allow staff to make up the time before or after the football match?
Whatever process you follow, be it first come first served or pulling names out of a hat, it must be fair and consistently applied in a non-discriminatory fashion.
Sickness Absence
Sickness absence in the workplace often increases during sporting events. Employers are advised to monitor attendance records during the period, including reviewing sickness levels or late attendance due to post match celebrations. As with any period of unauthorised absences, unexplained or questionable attendance could result in formal disciplinary proceedings. Carrying out a return-to-work interview is always a recommended approach to managing short-term absences and should form part of any sickness absence policy.
Watching in Work
You may decide to screen the games in the workplace. If going down this route, it is advisable to again set some ground rules, such as; the employee must first obtain their manager’s permission to watch the game and that they understand that their work must not be compromised by watching the game.
It is also worth considering whether or not you will permit employees to watch the Euros on the internet. If employees are not allowed to watch the Euros on the internet during work hours it should be made clear to them that if they are found doing so, it will be a disciplinary matter. Be careful however, if you intend to monitor internet usage then this should be made clear to employees. Covert monitoring should not be conducted, so be sure to check your internet policies.
So to employers who wish to see the Euros pass off smoothly without having to issue any of their own red cards, the message is, be prepared. Agree an approach before the tournament begins, clearly communicate it to staff, and apply it consistently.
Enjoy the football.
Bright Contracts - Employment Contracts and Handbooks
Paternity Leave - employers are you prepared?
Over the next number of weeks we are going to look at Working Time Protected Leave legislation in Ireland, this legislation is in place to protect employees and includes leave such as; Maternity Leave, Paternity Leave, Adoption Leave, Carer’s Leave, Parental Leave & Force Majeure Leave. Today we will start with Paternity Leave.
In last year’s budget, the Fine Gael-Labour coalition had agreed to legislate to allow for fathers/partners to take two weeks’ paid paternal leave.
The legislation will allow fathers to take the leave at any stage within 26 weeks of the birth or placement of the child in adoption situations.
The new legislation is due to come into force in September this year and when it does it will mean that for the first time in history, the role of fathers in postnatal care will be formally recognized on our little island. From September, every employer in Ireland must offer new fathers/partners two weeks’ paternity leave following the birth of a child. Statutory paternity pay is due to be set at €230 per week, which is in line with current maternity pay. As with the maternity pay, employers are under no obligation to pay the employee while they are out on Paternity Leave. Employers should however, update their company handbook to include a policy for the new Paternity Leave when it does come in.
Great though it is to finally have some leave in place for fathers, Ireland still has a long way to go before reaching the dizzy heights of paternity leave Scandinavian-style, where the model is usually one of paid parental leave to be shared between both parents, with some non-transferable months. In Sweden for example, parents can take up to sixteen months of leave, paid up to 80% of salary (with a cap of €4,000 per month). Our closest neighbours in the UK allow 2 weeks paid Paternity Leave but have also introduced “Shared Parental Leave” of up to 50 weeks after the birth/placement of a child which can be shared between both parents.
In comparison, Ireland comes close to the bottom of the European table in terms of family leave, so Paternity Leave, even at just 2 weeks is very welcome.
Those countries that embrace paternity leave and shared parental leave are recognising;
- the value of both parents in the first year of a child's life
- the role and importance of working mothers.
The introduction of paid paternity leave in Ireland might be over due, but is certainly a positive step. Employers are well advised to embrace the change and actively support new parents.
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Annual Leave - Common Questions Answered
June is just around the corner and although the weather might not be totally cooperating, summer is here. For employers, this means managing holiday leave requests.
At Thesaurus Software, processing annual leave is one of the most common queries we receive from customers. This is in line with the Workplace Relations Commission’s stat, that in 2014 the majority of calls received to their helpline were in relation to the Organisation of Working Time.
The above, coupled with the fact that there have been a number of recent legislative changes in the area, means that employers, quite rightly, will have queries on the matter.
Common queries include:
Who is entitled to Annual Leave?
All employees earn holiday entitlements from time worked. There is no qualifying period. Employees on maternity leave accrue annual leave in the exact same way as they would if they are working. This also applies to all forms of protective leave including parental leave, paternity leave, carers leave, and annual leave.
Are employees on sick leave entitled to annual leave?
New legislation has ruled that as of 1 August 2015, employees on certified sick leave, normally long-term sick leave, will accrue annual leave. Any leave accrued in this manner must be used within 15 months of the end of the leave year in which it was accrued. Further information on this can be found here. Employees on uncertified sick leave will not accrue annual leave.
What is included in holiday pay calculations?
There have been a number of European cases on this subject in recent months. The courts have thought us that as a general rule of thumb when calculating holiday pay, employees should in no way be disadvantaged as a result of taking annual leave. The EU Court of Justice has ruled that holiday pay should not be based on basic pay alone.
Factors to consider:
- Any regular shift allowance should be included.
- Commission: if there is a regular commission structure in place this should be included in holiday pay calculations.
- Overtime: If the employment contract stipulates that an employee must work a set amount of overtime each week then this is included in pay calculations. Regularly worked overtime, although not necessarily included in the contract of employment, should also be included. Irregular overtime should not be included.
How to calculate holiday entitlement for irregular workers?
Holiday entitlement for workers with irregular hours should be calculated using an average of the hours worked in the previous 13 weeks.
Can an employer reject a holiday request?
Yes, employers have the right to specify when holidays should be taken. Requests for annual leave can be rejected based on the needs of the business. Equally, employers can specify when holidays should be taken, for example during periods of business closure.
In order to avoid confusion and conflict, employers are well advised to have clear annual leave policies and to ensure all staff are well aware of the protocols when it comes to leave.
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Addressing Persistent Employee Lateness
Every once in awhile there will be a genuine reason for an employee to be late for work; poor weather conditions, traffic problems, or even honestly sleeping in. If these occurrences are rare most employers can be understanding and accommodations can be made.
However, persistent lateness is another matter. It is rude, unacceptable, and totally disruptive to businesses and other employees.
The question is, how to manage it before the situation gets out of hand?
An Attendance & Punctuality Policy
Having a well drafted Attendance and Punctuality Policy as part of the staff handbook will be key to effectively managing persistent lateness. Such a policy should:
- Emphasise the importance of being punctual and having good time keeping
- Specify what an employee should do if they are going to be late, e.g. phone their line manager explaining the situation and giving an expected arrival time
- Clarify that employees will be expected to make up the lost working time at a time suitable to the Company
- Explain that where time cannot be made up, the Company will be entitled to deduct pay for the time not worked.
- State the persistent lateness and/or failure to comply with the Company procedure will be addressed through the disciplinary procedure.
Employers are advised to review their staff handbook to ensure it includes an up-to-date attendance policy and that it is fairly and consistently applied.
Bright Contracts - Employment Contracts and Handbooks
Irish Workplace Fatalities above EU Average
The past 2 months have seen the deaths of at least 5 people due to accidents in the workplace. Ireland is slightly above the EU average in terms of the number of fatal accidents at work in a year, according to European Union's statistics agency, Eurostat. The statistics show that the rate of workplace deaths in Ireland was just over four per 100,000 people employed in 2012. The family farm was the most dangerous workplace, with fatalities in the agricultural sector accounting for 30 deaths in 2014, compared to 16 the previous year, an increase of 87pc.
The question therefore is: what can be done to ensure safety compliance? The Safety, Health, and Welfare at Work Acts 2005 and 2010 set out health and safety responsibilities for both employers and employees.
Employers' duties
The employer has a duty to ensure the employees’ safety, health and welfare at work as far as is reasonably practicable. In order to prevent workplace injuries and ill health the employer is required, among other things, to:
- Provide and maintain a safe workplace which uses safe plant and equipment
- Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
- Prevent any improper conduct or behavior likely to put the safety, health and welfare of employees at risk
- Provide instruction and training to employees on health and safety • Provide protective clothing and equipment to employees
- Appointing a competent person as the organisation’s Safety Officer
Employees’ duties
The duties of employees while at work include:
- To take reasonable care to protect the health and safety of themselves and of other people in the workplace
- Not to engage in improper behavior that will endanger themselves or others
- Not to be under the influence of drink or drugs in the workplace
- To undergo any reasonable medical or other assessment if requested to do so by the employer
- To report any defects in the place of work or equipment which might be a danger to health and safety
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Social Media (Part 4) - Cases
Over the past number of weeks we have posted a series of blogs on social media and the impact of certain areas for employers and the workplace. We’ll turn now to social media related cases that are coming through the courts and consider the decisions passed down
Fairness of Dismissal depends on circumstances:
- Case One = Unfair Dismissal
An employee was dismissed for posting insulting comments on Facebook regarding colleagues. The dismissal was held to be unfair on the basis that the comments were relatively minor, were made outside working hours and did not name colleagues specifically. Although a UK case it is a good indication of the thought process likely to be followed in Ireland. Whitham -v- Club 24 t/a Ventura
- Case Two = Fair Dismissal
In this case the employee had posted derogatory comments on Facebook regarding her employer. A key factor in the Irish EAT's decision that this was a fair dismissal was the fact that the employer was specifically named in the posts. O'Mahoney -v- PJF Insurances
The Importance of Robust Social Media Policies
In this case the employee was held to have been fairly dismissed for posting derogatory comments regarding customers on Facebook. The staff handbook expressly stated that acts committed outside work that bring the employer into disrepute would constitute misconduct and that the company reserved the right to take disciplinary action. Preece -v- Wetherspoons
The Importance of Consistently Applying a Social Media Policy
The employee was dismissed for forwarding pornographic material. He maintained he was only forwarding material passed onto him by others in the company, who had not been dismissed and he only engaged in this activity to disguise his homosexuality. Through the EAT he won reinstatement. The respondent appealed the decision, firstly through the Circuit Court and then in the High Court. The High Court upheld the decision and awarded compensation of arrears of wages, for a variety of reasons, one being the fact the employer was aware that sending inappropriate emails was a rising trend but had not implemented a detailed social media policy. It concluded that the bank ought to have notified all employees of the issue with sending such emails and the likely sanctions that could follow, up to and including dismissal, particularly if a zero tolerance policy was to apply. Reilly -v- Bank of Ireland
Bright Contracts - Employment Contracts and Handbooks
