Eircodes - the new postcodes for Ireland
Every address in Ireland will receive its unique Eircode in Spring 2015.
"The Eircodes will help the public, businesses and public bodies to locate every individual address in the State. Eircodes will bring many benefits to the daily lives of people, householders and businesses. Currently, around 35% of addresses - mainly in rural areas - do not have a unique name or number in their address. With Eircodes, delivery of services and goods will be much easier and quicker to these addresses." - www.eircode.ie
When people receive their Eircode next year, they will not need to change their address. They will just add the Eircode whenever it is needed or useful, so it will be very easy to start using it straight away.
Each Eircode has seven-characters that are unique to each mailing address. The seven characters are divided into two parts – a Routing Key and a Unique Identifier.
For businesses, some of the main things to consider are:
- Stationery, customer forms, websites and other places where your address is shown. Perhaps, plan print stocks of existing stationery items accordingly in the run up to Eircode Launch Date in Spring 2015.
- If you use a software package in your business, you will need to check with its supplier as to their plans for when and how they intend to incorporate Eircodes into the package.
- Some staff training may be needed especially if your systems or processes have changed somewhat to take advantage of Eircodes.
Our software offerings will all be updated to include an extra address field for eircodes and will incorporate all the required validation logic.
Bright Contracts - Employment Contracts and Handbooks
Absence Management
Managing employee absences is an on-going challenge for managers right across the country, from SMEs to multi-nationals.
According to research by the Irish Business and Employers Confederation (IBEC) 11 million days are lost each year in Ireland due to employee absences, at a cost of €1.5 billion per year to the economy.
One of the most effective ways of managing employee absences and helping to prevent reoccurring instances is to conduct Return to Work Interviews with employees. Return to work interviews are one-to-one meetings between an employee and their manager to discuss the employee’s absence.
To assist managers conduct these meetings, which can sometimes be quite sensitive, we’ve put together a short guide and template form to the help managers structure the meeting. This new material can be found under the Support section of our website.
Bright Contracts - Employment Contracts and Handbooks
Dunnes Stores ordered to pay €8,000 to employee
The Employment Appeals Tribunal (EAT) recently heard that a Galway branch of Dunnes Stores installed CCTV cameras to spy on employees they believed to be eating unpaid for chips, chicken goujons, and other food during their shifts. The cameras were installed without the employees being notified. Following their “investigation” Dunnes dismissed up to nine employees for eating unpaid-for food.
The EAT ruled that Dunnes Stores’ investigation “fell short of acceptable practice” and criticised the retailer for spying on employees. Whilst the tribunal recognised that the individual in question, in this case, had contributed to her own dismissal, they ruled that the dismissal was unfair and awarded her €8,000.
Lesson Learnt
This case illustrates the care that must be taken when using CCTV in the workplace. Use of CCTV is heavily regulated by Data Protection legislation. If employers do intend to use CCTV cameras, they must notify employees that cameras are in place and never use hidden cameras.
Secondly, this case highlights the need to follow correct procedures when taking disciplinary action against an employee. Whilst this employee was in breach of the company’s policies, the company’s lack of adherence to appropriate practice resulted in a costly fine. Disciplinary policies and procedures should be adhered to.
For further information on employee theft see our blog “What to do if you Suspect an Employee of Stealing”.
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Worst excuses for not paying the minimum wage!
This year is marks the 15th anniversary of National Minimum Wage in the UK. To coincide with the anniversary, HMRC have released a list of some of the most unusual excuses given by employers about why they don’t pay their employees the legal wage. Reasons include:
• “I don’t think my workers know anything about the NMW because they don’t speak English.”
• “When the NMW goes up I do increase the amount I pay a little, even if the total pay is still below the NMW. I don’t think it’s right to ignore the rises in NMW.”
• “It wasn’t a conscious decision to say ‘I’m not going to pay this’, but I’ve never really considered doing it because I’ve not had people come to me and say, ‘I’m not getting paid enough’, or ‘Is this the minimum wage?’”
• An employee ran out of the premises when HMRC officers arrived to check for NMQ infringements. The same employee then returned, minus the work pinafore, pretending to be a customer.
• One employee claimed to be a friend of the owner and only in the restaurant as they were in the area. HMRC offices returned on a different day to find the person in the kitchen preparing food.
NERA have responsibility for carrying out workplace inspections and investigating possible infringements in Irish workplaces. Whilst the above excuses are from British employers, Irish employers are not all innocent either. For the period January 2013 to June 2013 €420,941 in unpaid wages was recovered from Irish employers, for the same period in 2012 €426,818 was recovered.
Minimum wage in Ireland for experienced adults is €8.65. An experienced adult is any individual over 18 with 2 years work experience of any kind.
Bright Contracts - Employment Contracts and Handbooks
Using interns? Are you fully compliant?
Internships are an excellent opportunity for inexperienced individuals to gain valuable experience to kick start their career. They also offer many benefits to employers, helping them identify future talent.
However, employers who offer internships need to be sure they have the correct procedures in place and are operating with the law. In the UK, companies who are exploiting interns are being specifically targeted by the Government. The UK has seen many examples of interns being exploited, the saddest of which was in September 2013 when a 21 year old London intern collapsed and tragically died, apparently from exhaustion after working 72 hours without a break.
Thankfully we haven’t seen such extremes in Ireland, but employers need to be vigilant.
Do interns have any employment rights?
Yes, interns do have certain employment rights. These rights include the right to:
• Annual leave & public holidays
• Appropriate breaks and rest periods
• Protection from bullying and harassment
• Fair procedures
• Data Protection
Polices on the above, as well as Health and Safety policies, should be an integral part of any interns induction.
Should Interns be paid?
In some cases, yes an intern may be entitled to be paid. Whether or not an intern is entitled to minimum wage will depend on the facts of their individual situation, their relationship with the organisation and what actual happens in practice.
Under the Minimum Wage Act 2000, if an individual is carrying out work of value to an employer, has a similar level of supervision and responsibility as the rest of the workforce, they are likely to be entitled to be paid at least the minimum wage, regardless of whether they have the title of Intern or not. There is currently little case law on this, however the Act is broad so it could easily be the case that basic tasks of interns may fall under the Act.
Government Intern schemes such as JobBridge or various FAS schemes are exempt from some employment legislation, however private schemes will not be exempt.
What proactive steps can be taken?
If an employer is satisfied that an individual will be an intern, details of the agreement should be put in writing, clearly outlining the learning objective, training/support provided and schedule for feedback.Internships should generally be kept relatively short. The longer the internship the greater the possibility that the intern will be carrying out work, and acquiring employment status.
Bright Contracts - Employment Contracts and Handbooks
Employee arrested after payroll theft
UK supermarket giant, Morrisons have hit the headlines over the last week after it was discovered that payroll data belonging to over 100,000 of its 131,000 strong workforce had been stolen by a member of staff.
The information which includes bank details was published online and sent on a disc to a UK newspaper.
The supermarket has confirmed that the information has been removed from the internet and also that no customer details had been accessed by the thief. They’ve also reassured the affected employees that they will not be “financially disadvantaged” as a result of the crime.
The case highlights the risks employers face with regards to confidential information being leaked. It emphasises the need for employers to take proactive steps in protecting their data. It may not be possible for every employer to implement complex data security systems, but at a minimum, employers need to have confidentiality policies in place that prohibit employees from disclosing confidential data. Internet, email, social media and telecommunication policies will also clarify what is expected behaviour for employees across these mediums. Having robust policies in place will enable employers to take appropriate action where inappropriate behaviour occurs.
See also our blog “What to do if you suspect an employee of stealing”.
Bright Contracts - Employment Contracts and Handbooks
Have we caught up with pay equality?
The gender pay gap is still very much a controversial issue right across Europe.
Recent research by the European Commission revealed that on average across Europe women’s earnings are 16.4% below those of men. According to the statistics, gender pay differences are highest in Estonia at 30%, Slovenia leads the table with only 2.5% and Ireland is placed in 10th position with 14.4%, ahead of countries such as the UK, Germany and France.
In terms of sector, the gender pay gap is generally higher in the financial and insurance sector. In Ireland pay inequality raises to 20.6% in business economy workplaces.
The gender pay gap for those under 25 years of age is lowest in almost all European countries, and gradually increases as women get older. Reflecting the fact that, women’s family responsibilities do contribute to inequality figures. This would suggest that greater flexibility around sharing of parental leave between both the mother and father would be beneficial.
However, responsibility does also lie with employers; employers have an obligation to ensure that where men and women are performing the same or similar duties, then they are entitled to be paid the same rate. Where this is found not to be the case, employers could find themselves defending an Equality Tribunal claim, as was the case for an Garda Siochana in 2012 when clerical staff successfully brought a case of unequal pay treatment in which the Garda where ordered to close a pay gap of €9,000 per year.
Last Saturday 8th March was International Women’s Day. The day celebrates the social, political and economic achievements of women while focusing world attention on areas requiring further action. Considering these result, it is fair to say that equal pay is an area where further action is required.
European Gender Pay Gap by Country
Bright Contracts - Employment Contracts and Handbooks
Employee unfairly dismissed for improper Internet use - €7,000 Award
On 17th December 2013, the Employment Appeals Tribunal in Mullingar heard a claim that an employee had been unfairly dismissed by her employer for improper internet use. The employee was employed as a Marketing Assistant in the wholesale electrical company from 1st November 2010. For the first year, the employee worked a 3 day week as she was completing a graphic design course. From the 1st November 2011 the employee began working a 5 day week
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At the hearing the Managing Director claimed that both he and the Office Manager had warned the employee on a number of occasions about her non-work related internet use. The Managing Director claimed the warnings were of a verbal nature. The Managing Director said that on 16th January 2012 he witnessed the employee on a social media site and he called her to his office before proceeding to dismiss her from her employment with the Company.
The Company did not have a formal internet use/social media policy in place while the employee was employed. It also became apparent that the employee did not receive a contract of employment nor did she receive a copy of the Company’s disciplinary procedures.
The employee stated that she completed all work that was assigned to her and that she regularly requested more work to do during her working hours but was not provided with enough work to take up all her working hours. The employee explained that, if she was aware of the company’s policy around internet use/social media then she would have abided by it.
The Tribunal found that there was no gross misconduct on the part of the employee; the Tribunal found that the employee was Unfairly Dismissed and awarded her €7,000 in compensation under the Unfair Dismissals Acts 1977 to 2007.
Bright Contracts - Employment Contracts and Handbooks
How to Roll out Contracts & Handbooks to Existing Staff
Introducing a contract of employment or a handbook for the first time to current employees, can be a difficult, tricky matter for many employers.
It is an area that many employers put on the long finger, or avoid doing until they have to.
Common reasons for not implementing employee documentation include:
• Lack of time
• Fear that employees will refute the terms of the documents and refuse to sign
• Anxiety that documentation will harm the relationship between management and staff, if the employees feel a new set of rules are being entrust upon then
• A false belief that it will restrict how management deal with employees
However, this does not have to be the case. It is possible to introduce new documentation without spending huge amounts of time, alienating your work force, or causing disruption.
The answer lies in good communications.
To help employers introduce employee documentation, we’ve created a short video outlining our four step guide to rolling out contracts and handbooks.
Alternatively, read our guide to Introducing Contracts & Handbooks to Existing Staff available here http://www.brightcontracts.ie/docs/introducing-contracts-handbooks-to-existing-staff/
Bright Contracts - Employment Contracts and Handbooks
National Employment Week - Improving employment for everyone
The 4th National Employment Week takes place this week, 24th to 28th February. National Employment Week was established as a forum focusing on social and economic issues surrounding employment in Ireland. As the country endeavours to reduce the number of people out of work and move towards economic recovery, National Employment Week puts employment at the centre of the agenda.
The week offers the opportunity to employers, managers and HR professionals to share opinions and experience on employment issues and set the national employment agenda.
Although supported by Government, with both the Taoiseach and Minister for Social Protection, Joan Burton attending several events throughout the week, there is very much a commercial aspect to the week. The week itself has strong, reputable sponsorship with The Irish Times, The Chartered Institute of Personnel and Development (CIPD), Sigmar Recruitment and Monster.ie all involved. In addition all events, seminars and focus groups alike, are attended by professionals representing employers of all sizes and types across Ireland.
This year the focus will be on the following topics:
• Digital Innovation and the Drive for Talent
• Significance of Company Culture
• Emerging Talent
• The importance of investing in the future
• Mental Health & Employment
The highlight of the week is the National Employment Summit which takes place on Wednesday in the Convention Centre, Dublin. This is a free event and anyone can attend to hear practical measures that can be taken back to businesses.
National Employment Week is striving to achieve a better employment market for everyone. It is heartwarming to see such positive steps being taken. If you don’t make any of the events this year, mark it in your diary for next year. Further information can be found at http://www.nationalemploymentweek.ie/.
Bright Contracts - Employment Contracts and Handbooks
