12/09/2019 Employment Law Update 2019 Employment Law Update Autumn 2019 Laura Murphy Nicola Sheridan The webinar will begin shortly… HR Manager at Thesaurus Employment Specialist at Thesaurus Webinar Agenda Q&A Session Q&A Type into Questions box on your screen Employment Act Parental Leave SEOs Tips 2018 – An overview On Demand Rec This session is being recorded Gender Pay Q&A Reporting WRC Update Recent Cases 1
12/09/2019 1. Provide a contract within 1 week 1. The full name of employer & employee Has Happened! 2. The address of the employer Employment (Miscellaneous Provisions) 3. Temporary contract; the expected duration of the contracts or the - date of expiry of a fixed-term contract Act 2018 4. The rate of method of calculating pay and the pay reference period 5. What the employer reasonably expects to be the normal length of the employee’s working week Terms & Conditions of Employment Failure to Comply Terms of Employment • Failure to comply can give rise to a criminal offence (Information) Act 1994 Ø Fines of up to €5,000 Name of Employer/Employee Rate, calculation & frequency of remuneration Address of Employer Reference to statement under minimum wage Ø Imprisonment of up to 12 months Place of work Paid leave • Liability falls to anyone with responsibility Job Description/details Sick Pay Start date & duration Pension details Hours of work incl. overtime Notice on termination Rest periods and breaks Details of any collective agreements 2
12/09/2019 2. Zero Hours Contracts Banned 3. Banded Hours 8 Bands Grounds for Refusal: Band A: 3 to 6 hours • No evidence to support the employee’s claim Band B: 6 to 11 hours • There have been significant adverse Band C: 11 to 16 hours changes to the business Band D: 16 to 21 hours • Due to exceptional circumstances, e.g. Band E: 21 to 26 hours emergency Band F: 26 to 31 hours • The average hours worked were affected Band G: 31 to 36 hours by a temporary situation Band H: Over 36 hours 4. Anti Penalisation 5. Minimum Wage Penalisation covers: AGE CALCULATION CURRENT RATE • A detriment to terms and conditions of employment Under 18 70% of minimum wage €6.86 • Discipline or dismissal Aged 18 80% of minimum wage €7.84 • Transfers Aged 19 90% of minimum wage €8.82 • Changing hours • Reducing pay • Intimidation 3
12/09/2019 Top Tips ü Review your current employment contracts ü Are you providing contracts within 5 days? ü Do employee’s hours worked match contractual hours? ü Review zero-hour contracts / practices - are they justified? Countries with Best Work Countries with Worst Life Balance for Parents Work Life Balance for Parents 1. Finland 1. United States Has Happened! 2. Estonia 2. Mexico 3. Austria 3. Costa Rica Parental Leave 4. France 4. Canada - 5. Germany 5. Chile 6. Sweden 6. Israel 7. Japan 7. Turkey 8. Norway 8. Ireland 9. Luxembourg 9. New Zealand 10.Slovakia 10.Switzerland Survey by Expert Market 4
12/09/2019 Parental Leave Example Pre September 2019 From 1 September 2019 From 1 September 2020 • John and his daughter Jane Weeks Leave 18 22 26 • John previously used 10 weeks parental leave • Jane turned 8 – remaining 8 weeks parental leave expired 8 th Birthday 12 th Birthday Availability up until 12th Birthday • New legislation – 4 more weeks given & increase in age to use leave now 12 years 16 th Birthday 16 th Birthday 16 th Birthday Children with disabilities • John happily has 12 weeks parental leave now available to use • This will increase again by 4 weeks in 2020 Entitlement to Parental Leave Responding to a Parental Leave Request • Cannot refuse parental leave requests • 1 Years service • May postpone for 6 months • Must provide 4 weeks notice to employee • Be a ‘ relevant’ parent • Normally only 1 postponement allowed • Availability - per parent not per child • Records kept for 12 years • Give at least 6 weeks notice in writing • Permitted format: • Annual leave entitlement is not impacted or 18 week block 6 weeks 6 weeks 6 weeks • Multiple children, capped at 18 weeks per year • Other formats at employers discretion • Pro-rata for part-time workers 5
12/09/2019 Parental leave reduced hours working Currently Parental Leave is… arrangements Benefits • Attract top talent • Staff retention and less staff turnover • Improved employee well-being • Morale / loyalty • Diversity Proposed Paid Parental Leave What Employers Need to Do • Update your Parental Leave Policy • Be prepared for increased staff parental leave requests • Record keeping November 2019 2021 • Consider flexible working arrangements • From November; will you ‘top-up’ parental leave benefit? 2 weeks 7 weeks 6
12/09/2019 Is Happening! Sectoral Employment Order - Electrical Contractors New Pay Rates Category of Worker Rates applying for the period Rates applying from 1 October from 1 October 2019 to 30 2020 Minimum Wage Rates September 2020 Category 1 €23.49 A Craftsperson €19.44 per hour (the ‘ Craft Rate ’) €19.96 per hour (the ‘ 2020 Craft Category 2 €23.96 Rate ’) Category 3 €24.34 Category A Worker €18.86 per hour (this rate is €19.37 per hour unchanged from the 2017 Order) Category B Worker €17.50 per hour (this rate is €17.97 per hour Apprentice Minimum Wage unchanged from the 2017 Order) Year 1 €7.05 Apprentice One third of the Craft Rate and One third of the 2020 Craft Rate Year 2 €10.57 rising to 90% of the Craft Rate in and rising to 90% of the 2020 the fourth year Craft Rate in the fourth year Year 3 €15.27 New Entrant Operative Workers €14.14 per hour (provided that €14.52 per hour (same Year 4 €18.80 the New Entrant is over the age conditions apply to New of 18 years and entering the Entrants) sector for the first time) 7
12/09/2019 What Employers Need to Do • Ensure contracts of employment reference the SEO • Review pay rates • Review policies and procedures Transparency for Tipping Planned to Happen! • Contractual pay should not be paid using tips Employee Tips & Gratuities - • Tip policy should be clearly visible 8
12/09/2019 Equal Pay and Gender Pay Gap are different Gender Pay Gap Equal Pay Planned to Happen! Gender Pay Reporting - The difference between men & Men and Women doing the same job women’s average pay across an receiving the same pay organisation Current Gender Pay Gap Gender Pay Gap Information Bill 2019 250+ Gap in Europe Gap in Ireland 50 + Employees Employees Information to be reported 16.7% 13.9% • The mean and median gap in hourly pay between men and women. • The mean and median gap in bonus pay between men and women. • The mean and median gap in hourly pay of part-time male and female employees. • The percentage of men and of women who received bonus pay. • The percentage of men and of women who received benefits in kind. 9
12/09/2019 UK Gender Pay Stats A bigger issue • 12% of companies had a pay gap in favour of women How big is the Pay Gap at…? • McDonalds ………..0% • BT……………………….4.2% (women) • British Airways…….13% (men) Diversity & inclusion • BBC…………………….17.2% (men) • Barclays……………….44.1% (men) • Ryanair………………66.6% (men) What Employers can do Showcase yourself as a forward thinking employer • Recruitment & Promotion WRC Update - • Include multiple women in shortlists • Use structured interviews • Advertise jobs has having flexible working options • Encourage uptake of parental leave & paternity leave • Review your policies – equality policy 10
12/09/2019 Industrial Landscape WRC Stats WRC Claim Numbers WRC Helpline 2016 14,400 complaints (15 months) Calls Answered 2017 14,001 complaints 2017 50,000+ 2018 15,415 complains 2018 57,000+ In the new Nurses and Midwives HSE Support staff Ryanair Bus Eireann WRC Inspections Keeping your Records up-to-date Workplace Inspections Inspections conducted Pay Recovered 2017 4,747 €1.77m 2018 5,753 €3.1M • 50% breaches due to insufficient record keeping • Our advice: be sure your employee records are up-to-date! 11
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12/09/2019 Can an employee have legal representation at a disciplinary hearing? Lyons V Longford-Westmeath Education Board 2017 Irish Rail v Barry McKelvey Work v Mushroom Farm Lessons from Recent Cases - What we can take from these cases: • Legal representation only permitted in exceptional circumstances • Dismissal is not considered exceptional Who can attend? • A colleague or a trade union representative • Legal representation is not generally permitted • Should be stated in the disciplinary procedure • Be open to requests to be accompanied 13
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