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
Irish whistleblowing legislation gets green light!
The long awaited Protected Disclosure Act 2014, more commonly known as the Whistleblowing Act is now in force across all sectors.
The Act, which has been designed to promote workplace cultures of accountability and transparency, offers comprehensive protection to workers who blow the whistle.
Employers need to take notice and take steps to become compliant with the legislation.
Key Features of the Act Include:
• Protected Disclosure: disclosure of relevant information, which in the reasonable belief of the worker tends to show relevant wrongdoings and came to the attention of the worker in connection with their employment. The motivation for making the disclosure is irrelevant.
• Worker: the Act protects a wide range of “workers”, including employees, contractors, trainees, agency staff, former employees and job seekers.
• Retrospective in effect: meaning that protected disclosures made earlier this year or last year may be covered by the legislation.
• 5 Years’ Remuneration Award: any worker found to have been dismissed on the grounds of having made a protected disclosure could receive an award of 5 years remuneration. The maximum award under existing unfair dismissals legislation is 2 years remuneration, highlighting the severity the Government are placing on this issue.
• Protections: in addition to protection from any detrimental treatment in the workplace, including dismissal or disciplinary action, whistleblowers will also be exempt from any criminal liability.
• Anonymity: the Act allows for total anonymity of the whistleblower, however this may make appropriate investigations difficult for the employer.
• Methods of Disclosure: the Act sets out a number of avenues open to workers looking to make a disclosure, from raising the issue internally to external options.
Employers need to get “whistleblowing ready” quickly. Existing polices should be reviewed or new policies implemented that are in line with the legislation. Don’t leave gaps for potential exposure.
Bright Contracts will be releasing a comprehensive Whistleblowing Policy shortly.
Bright Contracts - Employment Contracts and Handbooks
Changes afoot in how Irish employment disputes are to be dealt with
It is no exaggeration to say that employee rights have developed in a patchwork fashion over the last 60 years. During that time, new statutory enforcement bodies have been created on an ad hoc basis and the result is that different rights must be enforced in different forums.
However, all that is due to change as the Government has just approved new legislation to reform workplace relations bodies.
There are currently five organisations which deal with workplace disputes in Ireland:
• The Labour Relations Commission (LRC)
• The National Employment Rights Authority (NERA)
• The Equality Tribunal
• The Employment Appeals Tribunal (EAT)
• The Labour Court
The result of having five separate, independent bodies is a very confusing and frustrating system for employees, employers and professionals representing them.
Challenges include:
• A set of circumstances arising between a single employee and single employer can give rise to a number of claims, which must be processed through different bodies
• Lack of consistency between bodies
• Over legalistic service
The new system, which is expected to be in place by the end of 2014, will see the five bodies reduced to two bodies – the Workplace Relations Commission (WRC) which will deal with all first instance complaints, and the Labour Court which will deal with appeals.
Once implemented the new system will result in a more straight-forward, quicker service for employees and employers. The changes will also result in significant savings for the Department of Jobs, estimated at €2m.
For further information on services provided by the new WRC visit www.workplacerelations.ie.
Bright Contracts - Employment Contracts and Handbooks
Questions that can't be asked at a job interview
It’s no secret that hiring is one of the biggest challenges of managing and growing a productive team.
At interviews we want to obtain important information, but also build a friendly rapport with the candidate. But some questions are just a little too friendly. Over stepping the mark could leave you guilty of discrimination and your company potentially facing an expensive claim.
Employment and equality legislation doesn’t just start once you hire someone, it’s applicable the moment you post a job advert. Those with responsibility for hiring need to be aware of this and avoid precarious comments and questions.
As a general rule of thumb avoid questions that are related to age, marital and family status, gender, disability, religious belief, sexual orientation, race, membership of the travelling community, or any physical attributes of the candidate.
Do’s and Don’ts
OK: What days can you work? What hours can you work?
Not OK: How many children do you have? Do you have a babysitter available if we need you on a weekend? Do the working hours fit with your childcare?
OK: Do you have any responsibilities that would interfere with traveling for us?
Not OK: Do you have a baby or small child at home?
OK: Are you legally eligible to work here?
Not OK: What country are you from?
OK: This job requires someone who speaks more than one language. What languages do you speak or write fluently?
Not OK: What's your native language?
OK: Have you ever been convicted of a crime?
Not OK: Have you ever been arrested? Do you take illegal drugs?
Bright Contracts - Employment Contracts and Handbooks
Social Media Dismissal Case
As reported recently in The Sunday Independent, a decision, by the Employment Appeals Tribunal, clarifies the muddy legal waters surrounding misuse of the internet at work – and sets a clear precedent that spending working hours dawdling on personal Twitter and Facebook accounts is not grounds for dismissal. The recently published decision awarded €7,000 to an employee who was dismissed for looking at social media sites on her office computer during work hours.
The court determined her dismissal was unfair despite the fact that she had been warned about this behaviour several times by her employer on previous occasions. This is the first Irish case to directly address whether social media use at work is, in and of itself, grounds for dismissal. "While previous case law has involved secondary issues such as reputational damage to the employer and procedural errors in the carrying out of dismissals, this case is of particular interest as the dismissal itself and the tribunal's decision directly related to the employee's use of social media while at work," said Catherine O'Flynn, employment law expert at Dublin solicitors William Fry. The employee in question worked as a marketing assistant for an electrical company. The company's managing director told the tribunal that he and the office manager had verbally warned her on a number of occasions about her non-work related internet useage. In January 2012, he caught her on a social media site and fired her on the spot."He believed that the actions of the claimant amounted to a waste of the company's time and resources and her actions constituted gross misconduct," tribunal documents noted. The tribunal ruled that this was unfair and that there were no valid grounds for dismissal. It was influenced, it said, by the fact that the employee had not been supplied with either a contract of employment or an internet and social media policy during her employment. In her evidence, she stated that had she been aware of the company's internet policy, she would have abided by it. It also noted the employee's claims that she had completed all work assigned to her and that her requests for more work were ignored. She said that most of the time she spent on the internet was work related, and that any non-work related use was done openly and out of boredom. Her desk and computer were in full view to others in her office, she said, and she never believed that she was doing anything wrong. "The Employment Appeals Tribunal in this case emphasised the importance of having a social media policy in place and communicating it to all employees."It is therefore vital for employers to have a detailed and specific social media policy in place and to ensure that employees read it and understand it. "It is evident from these survey results that many employers are yet to put in place social media policies. Employers who do not have a social media policy in place are vulnerable to expensive litigation.”
Bright Contracts includes policies relating to Email, Internet and Telecommunications Use as well as Social Media within its staff handbook.
Bright Contracts - Employment Contracts and Handbooks
Changes to Holiday Pay Calculations
As we enter the summer holiday season employers need to ensure that they are paying their employees correctly during annual leave.
A recent decision by the European Court of Justice (ECJ) will impact how some annual leave pay is calculated.
Do you pay employee’s commission? Is the commission calculated based on the amount of sales made or actual work carried out? If yes, according to the ECJ, holiday pay should include commission pay.
The decision was made in the case of Locke v British Gas Trading and Others. Locke was a Sales Representative whose commission made up approximately 60% of his remuneration. After taking two weeks leave in 2011, Locke suffered financially as he was unable to generate sales for the period he was on annual leave.
The ECJ ruled that the purpose of annual leave is to allow a worker to enjoy a period of rest and relaxation with sufficient pay. By not including commission payments with holiday pay, employees are less likely to take annual leave so as to avoid financial hardship.
It has been left to the national courts to determine how to calculate the commission to which a worker is entitled, however the court did suggest that taking an average amount of commission earned over a certain period, e.g. the previous 12 months.
Employers are advised to review their commission policies to establish which, if any, payments need to be included in annual leave pay.
Bright Contracts - Employment Contracts and Handbooks
Ipass - Annual Payroll Conference
IPASS (IRISH PAYROLL ASSOCIATION) held their 15th annual payroll conference in Croke Park on the 22nd May. Both Laura Murphy and myself Audrey Mooney from Thesaurus Software Limited attended the conference. Laura and I enjoyed meeting the other exhibitors, the delegates and listening to the guest speakers. The speakers included Brian Hayes T.D. Minister of State for Public Service Reform and the OPW, representatives from Revenue, Department of Social Protection and Central Statistics Office (CSO).
Managing Director of Thesaurus Software Ltd Paul Byrne in his role as Chairman of the Payroll Software Developers Association (PSDA) gave an informative talk on IT in a Payroll Environment.
It was also an opportunity to show Bright Contracts and our new payroll product BrightPay.
- Bright Contracts is an innovative software package that has everything you need to create and manage your staff handbook and and employment contracts.
- Bright Contracts can be downloaded from www.brightcontracts.ie
- BrightPay is simple to use yet powerful and flexible, it will be offered alongside Thesaurus Payroll Manager giving customers a choice of payroll products.
BrightPay can be downloaded from www.brightpay.ie
Thank you and congratulations to Noelle Quinn and the IPASS team for a successful and enjoyable day.
Bright Contracts - Employment Contracts and Handbooks
