Update: Steps to Reduce the Spread of Covid-19 in the Workplace
On the 21st of January the Government announced the easing of restrictive measures. The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 reflects the lessons that we have learned over the past two years. This guidance is a general document applicable to all sectors. All businesses and sectors who have specific guidance should review and update their own guidance in line with the advice contained in the document.
While the public health advice has changed, employers need to remember that several steps still need to be implemented by employers and employees to prevent the spread of Covid-19.
1. Keep a COVID-19 Response Plan in Place
Employers and their representatives should continue to maintain or take the following steps:
• Update their COVID-19 Response Plan according to the most recent public health advice.
• facilitate the ongoing appointment and engagement of the Lead Worker Representative
• Review and update their occupational health and safety (OSH) risk assessments and safety statement as workers return to the physical workplaces and as changes to the workplaces take place.
• Maintain measures to deal with a suspected case of COVID-19 in the workplace
• Maintain any specific measures or response for dealing with an outbreak of Covid-19
2. Maintain policies and procedures for prompt identification and isolation of workers who may have symptoms of COVID-19
How you manage and isolate potential infectious individuals remains a crucial step in protecting the worker involved, their colleagues and others at the workplace. While the need to maintain a contact log with details of workers and visitors to a workplace has been removed, employers may need to provide attendance information as appropriate in the event the local Department of Public Health has to investigate an outbreak.
Employers should continue to:
• Advise that workers do not come to work if they are displaying signs or symptoms of COVID-19 or if they have had a positive test,
• Provide instructions for workers to follow if they develop signs and symptoms of COVID-19 during work,
• Display information on signs and symptoms of COVID-19
Workers should also continue to:
• Keep themselves up to date with the signs and symptoms of COVID-19,
• Do not attend work if they are displaying signs and symptoms of COVID-19 or have symptoms
• Follow public health advise regarding self-isolation, restricting movement, testing and what to do if identified as a close contact
• Report to managers immediately if any symptoms develop during work
• Comply with any public health personnel and their employer for contract tracing purposes and follow any public health advise given in the event of a case or outbreak in their workplace.
3. Maintaining COVID-19 Infection Prevention and Control (IPC) Measures
Hand Hygiene
Employers should continue to:
• ensure that appropriate hygiene facilities and materials are in place to accommodate
workers adhering to hand hygiene measures,
• make available advice on how to perform hand hygiene effectively,
• display posters on how to wash hands in appropriate locations throughout the
workplace,
• provide hand sanitisers (alcohol or non-alcohol based) where washing facilities cannot
be accessed. In choosing an alcohol-based sanitiser, a minimum of 60% alcohol is
required.
• provide facilities for frequent hand hygiene for outdoor work, which should be located
close to where workers are working. Outdoor toilet facilities, if reasonably practicable,
should also be considered.
Workers should continue to:
• Follow hand hygiene guidance and advise
• Wash their hands with soap and water or with hand sanitiser for at least 20 seconds.
Respiratory Hygiene
Employers should continue to:
• provide tissues as well as bins/bags for their disposal,
• empty bins at regular intervals, and
• provide advice on good respiratory practice including the safe use, storage and
disposal of face masks/coverings and the safe cleaning of face coverings.
Workers should continue to:
• adopt good respiratory hygiene and cough etiquette, and
• follow good practice on the safe use, storage, disposal, and cleaning of face
masks/coverings.
Physical Distancing
Employers may choose to maintain some of the practices that were in place based on the Work Safely Protocol for the period of transition back to office work. Especially in meetings, events, or training with a continued focus on hand and respiratory etiquette and adequate ventilation are all measures that may continue.
There is a legal requirement to wear a facemask in specific settings (e.g., healthcare, public transport, taxis, public offices, retail premises etc.) Outside of these settings it is still good practice to continue to use face masks particularly in crowded areas. Employers should continue to support and facilitate the use of face masks b workers who wish to continue wearing them.
Bright Contracts will be updating it's COVID-19 response plan as soon a possible with the updated transitional protocol providing further guidance in relation to office working. Once updated this will be communicated across social media so keep your eyes peeled.
What you Need to Know About Irelands New Public Holiday
What is it and when will it happen?
The Government announced last week that there will be a once off extra public holiday on Friday the 18th of March 2022. It was introduced to recognise the efforts made by the general public, volunteers and all workers during the Covid-19 pandemic. This will result in a four-day weekend in the middle of March as St Patricks Day is also a public holiday.
Next Year, 2023, there will be a permanent public holiday introduced to establish the celebration of St Brigid’s Day. This will occur on the first Monday in February. If St Brigid’s Day falls on the first day of February, that happens to be a Friday, that Friday the 1st of February will be a Public Holiday.
This new public holiday will bring the number of public holidays in Ireland to 10, which is one of the lowest in Europe, compared to Austria and Sweden which have 13.
What does this mean for employers?
This announcement can bring cost implications for employers. Employees are entitled to a paid day off. If the employee is working that day, they are entitled to double pay or an additional day of paid leave.
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The WHO?WHAT?WHERE? and WHY? Of The WRC
The Nation Rejoices: The Removal of COVID-19 Restrictions & The Return to the Workplace
Ireland rejoiced as it was announced over the weekend that most of the public health measures currently in place can be removed giving the Irish a sense of normalcy again, something we have all been waiting a long time for. However, this news will have also been met with many questions by the business community, particularly around how to effectively manage a safe, gradual return to the workplace.
The government confirmed that the transition to office working could commence with immediate effect from yesterday, Monday the 24th of January which is amazing news for all but it is strongly encouraged that employers engage with employees to plan, prepare and engage with their staff to put into motion that return in the coming weeks.
The return of employees to the office is very much a measured response, taking into account business needs as well as the needs of the employee. The experiment of working from home has been a success over the past two years therefore the we see it that there must be very justified reasons for a business to require staff to work in the office five days of the week.
The return to office working must be considered in line with obligations under existing Safety, Health and Welfare legislation to provide a safe place of work. Organisations COVID-19 response plans will naturally need be edited to take into account these new measures and it is hoped that the revised guidance document will be finalised and published in the coming days. Once published our Bright Contracts software will be updated to reflect these changes.
While the lifting of restrictions is great news for all it is still important to bear in mind that the government still continue to reiterate the need for ongoing close monitoring of the virus. The pandemic is not over and the emergence of new variants with increased levels of transmissibility remains a risk both nationally and globally so businesses are encouraged to still keep this at the forefront of their office plans.
While the restrictions have been lifted, it is advised that employers develop plans for their return to work and continue the use of Covid-19 control measures:
- Employers should re-examine the potential risks and hazards and update business and safety plans. (e.g. Covid-19 Response Plan, the occupational health and safety through risk assessments and the safety statement).
- The Health and Safety Authority’s website contains resources for employers including the Pre-return to work form, and Employer checklists.
- Implement control measures and comply with the HSE’s and Government’s protocol/guidance. This includes appointing at least one lead worker representative to ensure safety measures are in place and being adhered to. Access a Health Safety Authority online course on the role of lead worker representative.
- Develop, consult on, communicate and implement workplace changes or policies.
- Continue to follow the current advice for those with symptoms, cases and close contacts as announced by the government on the 12th of January 2022.
- Continue to focus on maximising the uptake of the primary and booster vaccination.
Further changes coming down the line for businesses is this year, Leo Varadkar will bring in five new workers’ rights, which will include the right to request remote working. The others will be the right to statutory sick pay, new rights around redundancy for people who are laid off during the pandemic, a new right on the protection of workers’ tips and the new public holiday on St Brigid’s Day which was announced last week. These will be in addition to the previously introduced Right to Disconnect.
Today, Leo Varadkar provided some guidance into the specifics of The Right to Request Remote Working which we have summarised below for you:
- The employee must have at least 6 months service in order to submit a request.
- The employer will have 12 weeks to reply to the employees request.
- The employer can counter offer the employees request which the employee will have one month to accept or refuse.
- Right of appeal will apply to this strategy which will either be dealt with internally or through The WRC.
- Employees can submit another request after 12 weeks.
- A requirement of this strategy will be that all employers MUST have a Work From Home (WFH) Policy in place
Bright Contracts already has a WFH policy in the handbook of the software which can be found under the 'Terms & Conditions' tab. Further guidance in relation to The Right To Request Home Working is expected over the coming months which we will then communicate to our customers.
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Helpful Articles/ Documents:
- Role of a Lead Worker Representative
Get Informed About Wage Deductions
There can often be debates between the employer and the employee as to what can be legally deducted from an employee’s wages. Well the confusion is over because in this blog post we have detailed for you what are the legal deductions employers can make, including the special restrictions on employers in relation to any act or omission of the employee. Firstly, under the Payment of Wages Act 1991, the employee has a right to:
1. A negotiable mode of wage payment
2. A written statement of wages and deductions, i.e. a payslip
3. Protection from unlawful deductions from wages
The Act applies to employees engaged under a contract of employment or apprenticeship, employed through an employment agency or through a subcontractor or working for the State.
There are only 3 circumstances in which an employer may legally make deductions from an employee’s wages or receive any payments from an employee. These are:
1. If the deduction or payment is required or authorised by law, for example, income tax, PRSI, USC, local property tax (LPT), additional superannuation contribution (ASC), an attachment of earnings order (AEO) or a notice of attachment.
2. If the deduction or payment is provided for in the contract of employment, for example, employee pension contributions, deductions for uniforms etc.
3. If the deduction is agreed to in writing, in advance, by the employee, for example, medical insurance subscriptions, trade union dues.
There are however special restrictions placed on employers in relation to deductions or the receipt of payments from wages, which arise from any act or omission of the employee (e.g. till shortages, bad workmanship, breakages), or are in respect of the supply to the employee by the employer of goods or services which are necessary to the employment (e.g. the provision or cleaning of uniforms). Any deduction or payment from wages of the kinds described must satisfy the following conditions:
i. the deduction or payment must be provided for in the contract of employment
ii. the amount of the deduction, or payment, must be fair and reasonable having regard to all the circumstances including the amount of the wages of the employee .e. if it is substantial it should not be taken out of one single wage payment.
iii. Prior to the act or omission occurring, the employee must have previously been given written details of the terms of the contract of employment, governing deductions or payments, by the employer.
Written notice must be given to the employee in the case of each deduction or payment to the employer at least one week prior to the deduction being made and the employer must provide a receipt. The deduction cannot take place more than six months after the employee’s act or omission becomes known to the employer or after the provision of good and services to the employee. However, where a series of deductions are to be made, the first deduction must be made within six months. Most importantly, the deduction or payment cannot be more than the cost to the employer, in other words, the employer should not profit from the deductions.
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The WHO?WHAT?WHERE? and WHY? Of The WRC
The Workplace Relations Commission, or as they are more commonly referred to, the WRC, are a body which companies discuss in hushed tones as we associate them with discrimination cases but do we all know exactly WHO they are and WHAT they do besides being the deciding body on employment law cases? I don’t think many of us are sure, which is why our blog post will dive into the WHO?WHAT?WHERE? and WHY? Of The WRC.
Established on the 1st of October 2015, The Workplace Relations Commission (WRC) is an independent, statutory body which is Irish government-operated, which decides cases of alleged discrimination under Irish equality legislation. It was established under the Workplace Relations Act 2015 which reforms the State’s employment rights and industrial relations structures to deliver a better service for employers and employees.
Previously there were 5 separate bodies which dealt with complaints and disputes relating to industrial relations, employment law and employment equality but under the new system there are now 2 statutory bodies, namely The Workplace Relations Commission and the Labour Court. The Commission has a board consisting of a chairperson and 8 ordinary members appointed by the Minister for Enterprise, Trade and Employment.
The WRC provides information on employment law, equality and industrial relations to employees, employers and representative bodies of employees and employers. The function of the WRC is to provide advisory and conciliation services. Upon request, the Advisory Service engages with employers, employees and their representatives to help them to develop effective industrial relations practices, procedures and structures. This assistance could include reviewing or developing effective workplace procedures in areas such as grievance, discipline, communications and consultation.
Conciliation is a voluntary process where the parties to a dispute agree to avail of a neutral and impartial third party who will assist them in resolving their industrial relations differences. How the WRC assists in this situation is they will provide an Industrial Relations Officer to chair negotiations with the view of steering the discussions and exploring possible solutions in a non-prejudicial fashion. Solutions are reached only by consensus, hence the outcome is voluntary.
WRC inspectors visit workplaces and carry out inspections of employer’s records to ensure compliance with employment and equality legislation. An inspection may arise as a result of a complaint being received of alleged non-compliance, a campaign focussing on a specific sector or a particular piece of legislation, or it may simply be a routine inspection. Where breaches of legislation have been found, the inspector may, depending on the legislation involved, issue either a compliance notice or a fixed payment notice to the employer.
The WRC also has responsibility for:
• promoting the improvement of workplace relations, and maintenance of good workplace relations,
• promoting and encouraging compliance with relevant enactments,
• providing guidance in relation to compliance with codes of practice approved under Section 20 of the Workplace Relations Act 2015,
• conducting reviews of, and monitor developments as respects, workplace relations,
• conducting or commissioning research into matters pertaining to workplace relations,
• providing advice, information and the findings of research conducted by the Commission to joint labour committees and joint industrial councils,
• advising and apprising the Minister in relation to the application of, and compliance with, relevant enactments, and
• providing information to members of the public in relation to employment
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Q&A: The Vaccine & The Workplace
- Can employers ask employees to confirm if they have taken the vaccine and keep a list of those who have done so?
Employers are not prohibited from asking employees if they have taken the vaccine however they would need to identify a legal basis under the General Data Protection Legislation (GDPR) to collect any information relating to their employee’s vaccination status. For example, it may be possible to assert that collecting this information is necessary to achieve the employer’s ‘legitimate interests’. However, the employer would need to show that requesting and processing this information is both necessary and proportionate to achieve its purposes by reference to the specific circumstances in the workplace, and that its interests in promoting the health and safety of its workforce or otherwise outweighs the employee’s right for such data not to be processed.
- Can a refusal to get vaccinated be sanctioned, e.g. by refusing an employee access to the office or stopping their pay or dismissal?
There is currently no legal obligation for individuals to take the covid-19 vaccine and therefore Irish bodies may be slow to consider a decision not to take the vaccine as “unreasonable”, or accept an analysis that taking a vaccine is a “requirement” of a role. Therefore, in the event that an employee refuses to take the vaccine, it is recommended that the employer engages with the employee and discuss alternative measures, for example, redeployment to another role. The employer must also bear in mind that there may be different reasons why an employee has chosen to refuse the vaccine and employers will need to consider their obligations under the Employment Equality Acts.
Under the Health & Safety Act, having carried out a written risk assessment, if it is determined that if someone is not vaccinated and therefore would not be regarded as being in a safe position to perform certain work tasks, then the employer should engage with the employee and consider redeploying them to another role, requiring them to comply with other health and safety measures or allowing them to work remotely etc. while maintaining them on full pay.
- Does an employee have a right to refuse to work alongside another person who has not been vaccinated?
Under the General Data Protection Legislation (GDPR) employers are not permitted to disclose the vaccination status of an employee to other staff. Under the Safety, Health and Welfare at Work Act 2005, if an employee asserts that working physically alongside unvaccinated persons places them in “serious and imminent danger”, the employee cannot be penalised for leaving work or taking measures to protect themselves from that danger.
The employer can take steps to ensure employees cannot assert they are in “serious and imminent danger” by taking reasonable precautions to protect employees in line with the Government’s Work Safely Protocol, such as allowing employees to work from home, implementing Covid-19 safety measures (including maintaining social distancing in the workplace, the use of antigen tests etc) and considering redeployment options.
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The 411 on The Right to Request Remote Working
This upcoming legislation will give employees the right to request remote working and work is underway on its development. A framework will be developed on how those requests can be considered. The Work Life Balance Directive (which must be fully transposed into Irish law by August 2022), has been mentioned throughout the development of the remote working legislation.
This Directive is to provide every employee with children up to eight years of age, and carers, the right to request flexible working arrangements, this remote working legislation will further support an employee’s work life balance. The Directive gives Member States discretion to legislate around the duration of flexible working arrangements and provides that employers “should be able to decide whether to accept or refuse a worker’s request”.
Within the strategy document, it states that introducing legislation on this topic will provide employees a framework around which such a request could be based and that this could provide clarity to employers on best practice on dealing with such requests.
The drafting of this legislation will be much anticipated, as there is currently a lack of a legal or agreed definition of remote working during a time of mandatory remote working caused by Covid-19.
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Look What's Coming: Statutory Sick Pay for 2022
With 2021 drawing to a close businesses must now look forward as to what is to come in 2022 and one change that is likely yo come in 2022 which will affect all employers is the introduction of a compulsory sick pay scheme.
Unlike many European jurisdictions, Ireland has never had a scheme like this. Currently an Irish employer is not, at the moment, obliged to pay employees while they are sick which is about to change due to the Sick Leave Bill 2021 which was published recently and provides for a comprehensive Statutory Sick Pay scheme (SSP).
The key points for employers to note in relation to this scheme are as follows:
1. While the number of eligible days per year will start at a low level, the Government intends that this will increase to two working weeks by the year 2025.
2. SSP will be capped and an employer will only be obliged to pay up to 70% of wages, subject to a cap of €110/day.
3. The Government will not “top up” the employer’s contribution to 100%.
4. Employees will have to have at least 13 weeks of continuous service in order to be eligible.
5. Employees will be obliged to provide a medical certificate in respect of each day of Statutory Sick Leave.
6. If an employer maintains it cannot afford to discharge its SSP obligations, an exemption can be granted by the Labour Court.
7. If an employer already provides more favourable sick leave benefits to an employee, they will not be obliged to comply with the SSP rules.
So what should employers do now? It would be prudent for employers , especially smaller employers, to start financial planning now in order to ensure that they are ready for when the SSP is introduced. Employers should also review any existing sick pay schemes/ policies to check whether the new rules will affect/ change these.
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Adoptive Leave Acts 1995 & 2005
The Adoptive Leave Act 1995 and 2005 covers all adopting mothers or sole male adopters who are in employment. The Act also covers employed adopting fathers in the event of the adopting mother’s death occurring following the adoption during the period of adoptive or additional adoptive leave. Under this act an employee is entitled to a minimum of 24 consecutive weeks’ adoptive leave and an optional 16 weeks’ additional adoptive leave.
An adoptive parent must give their employer at least 4 weeks written notice of the expected date of placement of the child, and confirm this as soon as possible. A certificate of placement (available from the Adoption Authority of Ireland or HSE) must be given to the employer no later than 4 weeks after the date of placement.
Adopting parents are entitled to time off during working hours without loss of pay to attend preparation classes and pre-adoption meetings with social workers/ health board officials required during the pre-adoption process.
There is no set period of the retention of adoptive leave records, however claims can be made within 6 months of employers being informed of an issue giving rise to a dispute or extended to 12 months in exceptional circumstances which employers must be aware of.
Bright Contracts' handbook includes each family related leave policy including adoptive leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
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Don't Get Caught Out: The 5 Core Terms
Throughout the pandemic some businesses were lucky enough to be able to hire new employees which is why it is important for employers to know their legal obligations in the first few days of an employees employment. The Terms of Employment (Information) Acts 1994 to 2014 clarifes at the outset what the terms of employment are, in order to avoid problems which may arise at a later date.
Under the Terms of Employment (Information) Acts 1994 to 2014:
- The employer must give an employee a written statement contains the five core terms of employment within 5 days of commencing employment.
- The employer must give an employee a full written statement of their terms of employment within 2 months of starting employment.
- The employer must notify the employee of any changes in the particulars of the statement within 1 month of the change taking effect.
Written Statement of Terms of Employment
The purpose of the written statement of terms of employment is to clarify the terms of a person's employment and to avoid uncertainty or misunderstandings, which can often lead to a dispute at a later date e.g. rates of pay for overtime hours not specified in advance.
It is important to note that a written statement of terms of employment is not necessarily the same as a contract of employment, although the two often overlap.An employer is obliged to issue a written statement of terms of employment to the employee which must be signed and dated by the employer however there is no requirement for an employee to sign a written statement of terms of employment.
The 5 core terms of employment which an employer must provide to an employee in writing within 5 days of commencement of employment are as follows:
1. Full names of the employer and the employee
2. Address of the registered office of the employer/ in the state/ the principal place of the relevant business
3. If it is a temporary contract, the expected duration of that temporary contract should be stated and if it is a fixed term contract, the date when that contract expires should be stated.
4. The rate or method of calculation of the employee's pay and the pay reference period for the purposes of the National Minimum Wage Acts 2000 and 2015.
5. The number pf hours which the employer reasonably expects the employee to work per normal working dat and per normal working week.
To avoid issuing two versions of a written statement of terms of employment (one version with the 5 core terms and the second version with the remaining terms0 it would be prudent for an employer to issue one version containing all terms within 5 days, or indeed before the employment commences so the employee is fully aware of the terms prior to commencement.
Additional Terms to Include in the Written Statement
The whole purpose of the written statement is to make absolutely clear to an employee what the terms of their employment are. An employer could add additional terms to avoid any confusion or uncertainty that might arise at a later date. Issues which may arise might include:
- Appearance/ Dress Code - Formal or Casual
- Compassionate Leave - Whether paid leave is granted for the death of a family member
- Confidentiality Clause
- Alcohol & Drugs Misuse Policy
- Study Leave
- Lay-Off & Short Time
- Data Protection Policy
- Business Travel Arrangements
- Health & Safety
This is not an exhaustive list. Where additional clauses or policies are included, the employer should also specify what disciplinary action will be taken against an employee who breaches any of these clauses.
The written statement must be given tot he employee even if the employee's employment ends before the end of the period in which the statement is required to be given. Where the employee leaves within 5 days of commencement, they should still be issued with a written statement containing the 5 core terms. Where an employee leaves within 2 months of commencement, the employer must still give the ex-employee a written statement, provided the employee has been in the continuous service fo the employer for at least one month.
The Act also specifies that an employer is required to retain the written statement for the duration of the employee's employment and for at least 1 year after the employment has ceased. The Social Welfare Consolidation Act 2005 states that an employer is required to retain a copy of the written statement for 2 years from the date on which the statement was issued for inspection by a social welfare inspector. The employer should ensure that a copy of the written statement is held for the longer of these durations.
Bright Contracts' contracts within the software not only cover the 5 core terms but also the additional terms. You can view a demo of the software and its contracts here. You can download a trial of the software here.
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