Travelodge Receptionist awarded €63,000 by Equality Tribunal
A Polish receptionist with Travelodge, Waterford has been awarded €63,000 for discrimination on the grounds of race and victimisation.
The receptionist started working for Travelodge in 2008 and went on maternity leave in 2011. On her return her hours were reduced and the staff member hired to cover her maternity leave was kept on. She claimed that her manager told her that her English was not good enough to work day-shifts despite having worked those shifts for the previous three years with no issue. She claimed her manager said she had “been off for the last six months with your baby speaking Polish at home.”
The employee lodged a formal complaint, which was rejected by her employer. Subsequently she alleged that she was threatened by her manager who warned that he would look through CCTV footage for any possible wrong doing.
Following this, the claimant submitted a claim to the Equality Tribunal. In response to the claim Travelodge did not make a written submission nor did they appear at the tribunal hearing.
The Tribunal found the claimant to be fluent in written and spoken English and to be a “credible witness”.
The Tribunal found in favour of the claim on all three counts:
• In not allowing the employee work day shifts she had been discriminated on the grounds of race.
• In reducing her hours following maternity leave she had returned to work on less favourable working conditions, establishing that she has been treated less favourably because of her maternity leave.
• In threatening to review CCTV footage the Tribunal was satisfied that the claimant had been the subject of adverse treatment and victimisation.
Lessons Learnt
Employers are reminded of their obligations under equality legislation to ensure that employees are not discriminated against on the basis of any of the nine prohibited grounds, or victimised as a result of having raised a complaint.
Bright Contracts - Employment Contracts and Handbooks
Security Industry Joint Labour Committee publishes draft proposals
The Joint Labour Committee for the Security Industry has formulated proposals for fixing the minimum remuneration and working conditions of workers in relation to whom the Committee operates. These draft proposals have been published by Workplace Relations on their website.
The headline features of the proposals include:
• Minimum rate of remuneration per hour of €10.75
• Overtime in excess of an average 48 hours per week in the roster cycle will be paid at a rate of time and a half
• Annual leave entitlement shall be in accordance with the terms of the Organisation of Working Time Act, 1997.
• Public Holiday entitlement shall be in accordance with the terms of the Organisation of Working Time Act, 1997.
• By agreement each employee shall have a rest period and break which can be regarded as equivalent to those provided for in Sections 11, 12 and 13 of the Act.
• Completed rosters setting out all hours of work for a minimum period of one week will be made available to employees in writing.
• Security firms will provide, or make arrangements with clients to provide, appropriate facilities and protection to ensure the safety, health and welfare of their employees at their place of employment.
• A non-contributory Death in Service Benefit, equal to one year’s basic pay is payable after 6 months’ service in a Company, and up to the age State Pension becomes payable to the employee.
• A non-contributory Personal Attack Benefit will apply, after 6 months’ to all employees who are attacked in the course of their duty, resulting in an injury.
• Each worker shall be entitled to receive from his/her employer a certificate of service showing the period of their employment and the length of his/her service.
• There will be a non-contributory Sick Pay Scheme.
• Where training is provided for and paid by the Company for new entrants and the employee leaves the Company deductions can be made for same up to certain limits.
• Subject to normal wear and tear the cost of all uniform items supplied and provided to employees during their employment will be borne by the employer subject some conditions.
• Grievance and Disciplinary hearings will be carried out in accordance with the procedures set out in the Code of Practice on Grievance and Disciplinary procedures S I 146 of 2000.
• The Employment Regulation Order does not affect in any way already existing agreements (if equal or better) be they local, national, official, or in company
• Nothing in the Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.
• This Employment Regulation Order will apply for a period of 18 months from the effective commencement date.
The complete proposals can be downloaded through the link below and any person wishing to make representations in relation to the proposals should do so on or before 12 November,
2014.Representations received after that date shall not be considered. Any such representations should be sent by post to The Secretary, Joint Labour Committees, Tom Johnson House, Haddington Road, Dublin 4, or by E-mail to [email protected]
Bright Contracts - Employment Contracts and Handbooks
Should an Apprentice receive a Contract of Employment?
An individual employed as an apprentice in a trade specified in the statutory apprenticeship rules is deemed to be an employee for the duration of the apprenticeship. As an employee a signed contract should be put in place between the employer and employee.
Key points to be included in the contract:
• Contract Purpose: the contract should state that the purpose of the contract is for the apprenticeship of the specific trade.
• Training: in this regard the contract should confirm two aspects:
o That on the job training will be provided under the supervision of a suitably qualified person,
o That off the job training will be provided at approved courses.
• Termination: it is important to clearly state that the apprentice contract will come to an end once the apprenticeship has been successfully completed. Some employers may wish to retain the individual after their apprenticeship, in this instance it is advisable to issue a new contract of employment. Accommodation should also be made under the termination clause for the event where an employee fails to reach the qualifying standard for their trade. Normal practice would be to state that the contract will be deemed automatically terminated if the apprentice fails, after three attempts to reach the qualifying standard.
Finally employers should remember that minimum wage rates differ for apprentices/trainees. Further details on this can be found here:
Bright Contracts - Employment Contracts and Handbooks
Whistleblowing Legislation
As you are probably aware, this July saw the introduction of the Whistleblowing Act; the most significant piece of employment legislation to be introduced in Ireland in some time.
As this legislation establishes itself, we fully expect there will be a considerable amount of cases on the matter. The advice to employers is to get prepared now by putting a whistleblowing policy in place.
A complete whistleblowing policy is available to all Bright Contracts customers now. Simply log in to access the policy today.
Further information on whistleblowing can be found here.
Bright Contracts - Employment Contracts and Handbooks
Social Media - a challenge for employers!
Social Media has shifted workplace dynamics, offering limitless commercial potential, including opportunities to increase client base, branding advertising, and recruitment. Social media has made historically 9-5 business accessible 24/7.
However, it is not without risk! Social media can put companies at risk of:
- Decreased productivity
- Reputational damage
- Leakage of confidential company information: if it's digital, it's public!
How can Bright Contracts Help?
Bright Contracts now contains a Social Media Policy, which helps managers put measures in place to regulate its use and to combat risks. The Social Media Policy has been included in the Staff Handbook. If you haven't already, we recommend you update your program and introduce the Social Media Policy in your workplace.
Bright Contracts - Employment Contracts and Handbooks
Bright Contracts is live in the UK!
Following the success of Bright Contracts Ireland, we are delighted to announce that we are now offering Bright Contracts UK.
Bright Contracts UK will create and manage contracts of employment suitable for use across England, Wales, Scotland and Northern Ireland. The staff handbook contains policies and procedures that are specific to the UK. As always, the website contains a range of guidance and templates on day-to-day HR issues.
Check us out at www.brightcontracts.co.uk
Bright Contracts - Employment Contracts and Handbooks
New Support!
At Bright Contracts, we're continuously looking at ways to improve the service and support we offer our customers. As part of this we've recently added additional free support to our website!
- How to Roll Out Contracts of Employment and Staff Handbook
Purchasing Bright Contracts and creating employee contracts is the easy part! Introducing them to existing employees can be a slightly trickier issue. To help you successfully issue your employee documentation we've added a detailed step-by-step guide, plus video to our website, that will help get you sorted without creating conflict in your workplace.
- Managing Absences: Return to Work Interviews
11 million days are lost each year in Ireland due to employee absences, costing the economy €15 billion per year! One of the most effective ways of managing employee absence is to conduct Return to Work Interviews. We've put together a short guide and template form to help you structure and conduct Return to Work Interviews.
Bright Contracts - Employment Contracts and Handbooks
Breakfast with Bright Contracts
Thesaurus Software had an interesting morning yesterday as we had our first Employment Law breakfast meeting. We met with a number of our customers at the Pillo Hotel in Ashbourne for a two hour employment law seminar.
The morning had a particular emphasis on our HR software Bright Contracts and the importance of having employment contracts and employee handbooks in the workplace. The topics under discussion throughout the morning included:
• Managing sick leave
• How to handle workplace theft
• Employee dismissal - what you need to know
• Employment law update: The Whistleblowing Bill and The Workplace Relations Bill
We were delighted with the turnout for the event and really enjoyed meeting our customers and answering their queries. With the morning being a great success, we are starting to plan more breakfast meetings in various locations across Ireland.
Bright Contracts - Employment Contracts and Handbooks
Giving an employee reference - be careful!
Writing a reference for an ex-employee may at the outset seem straight forward, however employers need to be cautious.
What Can Go Wrong
If you provide a reference you have a duty to take reasonable care to ensure it is true, accurate, and fair and not misleading.
• If you provide a bad reference that you can’t substantiate, you run the risk of your former employee suing you for damages if they did not get the job.
• If you provide a glowing reference for an employee who has not been satisfactory and that employee goes on to perform badly in their new job, the new employer could claim damages against you.
Your Options
• Do not give references as a matter of policy. Employers are generally under no obligation to provide references. If you decide on this option as policy it is advisable to reply to reference requests with a statement that it is not your policy to give them, particularly to avoid misunderstandings perhaps with employers believing that you had problems with the employee.
• Give the bare facts: many employers provide the minimum details e.g. the employee’s position and dates of employment. Again if this is your policy it is advisable to state that it is your policy not to provide further details.
• Providing a full reference. You may decide to give a full reference giving details for example about the employees attitude, timekeeping, drive etc. If you decide on this option remember you have a duty to ensure the content is true, accurate, and fair.
• Do not include sensitive personal data in a reference, e.g. information about the individual’s health, race or trade union membership, without first obtaining the ex-employee’s consent.
• Include a disclaimer: many companies aim to limit liability by adding a disclaimer stating that they cannot accept any liability for errors or omissions in the reference. However, in reality, how much protection a disclaimer will provide may be limited.
Whatever option you decide to go with the key is to be consistent. Inconsistency could lead to a claim of discrimination from a disgruntled employee. It is best to establish a policy clearly stating whether you give references, if you do, who should give them and what they should contain.
Bright Contracts - Employment Contracts and Handbooks
Employees under the age of 18 - what you need to know
In Ireland there are specific laws and obligations for employers that apply when employing individuals under the age of 18. They have been designed to protect the health of young workers and ensure that work during the school year does not put young people’s education at risk.
Obligations on employers include:
• In addition to a contract of employment, employees under 18 must be provided with the official summary of the Protection of Young Persons (Employment) Act within one month of starting employment.
• Any employer who has employees aged under 18 must display the official summary of the Act at the work place where it can easily be read.
• Before employing an individual under 18 years of age employers must see a copy of their birth cert or other evidence of age.
• When employing an individual under 16 years of age, written permission from a parent/guardian must be received.
• Employers found not complying with the above criteria could face fines of up to €1,904.61 and an extra €371.43 a day for a continuing offence.
The official summary of the Act can be found here.
Additional key features of the regulations include:
• Minimum age limits for employment; normally 16, but can be lowered to 14 or 15 in certain circumstances.
• Revised rest intervals and maximum working hours, particularly during term time
• Prohibits the employment of anyone under 18 for early morning or late night work
• Requirements on employers to keep specific records for workers under 18
Minimum Wage Rates
Minimum wage rates also differ for those under 18 or who have just turned 18, see below for details.
• An employee who is under 18 is entitled to €6.06 per hour
• An employee who is in the first year of employment since the age of 18 is entitled to €6.92 per hour
• An employee who is in the second year of employment since the date of first employment over the age of 18 is entitled to €7.79 per hour
Bright Contracts - Employment Contracts and Handbooks
