UILA Red Cross - Introduction to Employment Law in Ireland(1471300.2) (003).pptx

Do you have questions about your employment rights in Ireland?
Do you know what an employer must provide you with in your contract?

Do you know what kinds of leave you are entitled to?

Do you know where to go if you have a concern regarding employment?

1. Introduction to Employment Law in Ireland Tuesday 21 May 2024, 6pm Hosted by:

2. Today’s Topics Introduction Creation of the Employment Relationship Terms and Conditions of Employment Dismissal from Employment Making a Complaint

3. Introduction Ciara McDermott Senior Associate Arthur Cox [email protected] Róisín O’Brien Associate DLA Piper [email protected]

4. 2. Creation of the Employment Relationship Scope of Protection Employers cannot discriminate in relation to: access to employment; conditions of employment (including remuneration); training or experience for or in relation to employment; promotion; or re-grading or classification of posts on any of the prohibited grounds. Contravention Discrimination; Victimisation; Failure to pay equal remuneration; Benefits. 9 Grounds Gender ( including transgender); Civil Status; Family Status; Sexual Orientation; Religion; Age; Disability; Race; colour; nationality or ethnic or national origins; Membership of the Traveller Community. Redress - WRC Compensation; Order for equal remuneration; Order for equal treatment; Order to take a specified course of action; Order for re-instatement or re-engagement with or without compensation. Employment Equality Acts 1998-2015

5. The Employment Contract

6. Amending Employee Contracts

7. 3. Terms & Conditions of Employment

8. Alternative employment Zero Hours Contracts Prohibited except in limited circumstances. Exceptions: work done in emergency circumstances and short-term relief work to cover routine absences for the employer Zero hour work practices: where employees are required to be available to work a certain number of hours per week or as and when required by the employer or both May trigger a minimum payment mechanism in certain circumstances e.g. where an employee is called into work and then sent home Part-Time Part-time employees cannot be treated in a less favourable manner than a comparable full-time employee in respect of conditions of employment (includes remuneration and matters related thereto including pension rights) Unless such treatment can be justified on objective grounds Temporary / Agency Work Agency workers are entitled to receive the same basic working and employment conditions as those to which they would be entitled if they were employed by the hirer under a contract of employment to do work that is the same as, or similar to that work which they are required to perform under that assignment

9. Protective Leave

10. 4. Dismissal from Employment Probation Generally, must not exceed 6 months, unless there is an exceptional reason to extend Where a fixed-term employee is subject to a probationary period, the length of this period should be proportionate to the duration of the fixed-term contract and the nature of the work

11. Minimum Notice Applies to all employees who are normally expected to work 18 hours or more per week . Minimum period of notice based on the employee’s length of service: An employer is entitled to one week’s notice of resignation from an employee who has been in continuous employment for 13 or more weeks and wishes to end a contract of employment. An employer may terminate a contract of employment without notice where an employee has been found guilty of misconduct. 13 weeks to 2 years’ service 1 weeks' notice 2 to 5 years’ service 2 weeks’ notice 5 to 10 years’ service 4 weeks’ notice 10 to 15 years’ service 6 weeks’ notice 15 or more years’ service 8 weeks’ notice

12. Unfair Dismissal All dismissals are deemed unfair “unless” there were substantial grounds justifying dismissal Potentially “fair” dismissal grounds Capability; Competence; Qualifications; Conduct; Redundancy; The employee’s on-going employment is in contravention of statutory provisions; and Other substantial reasons. Automatically unfair grounds Trade union membership or involvement in trade union activity; Gender; Civil or family status; Disability; Religious or political views; The employee having made a protected disclosure; Race, colour or ethnic origin; Sexual orientation; The threat or institution of civil or criminal proceedings against the employer by the employee or in respect of which the employee is a witness; Age; Membership of the Traveller Community; Pregnancy.

13. Redundancy Genuine Redundancy Situations Employer ceases/intends to cease to carry on the business for the purpose of which the employee was employed, or intends to cease to carry on that business in the place where the employee was so employed; Requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased/diminished or are expected to cease/diminish; Employer has decided to carry on the business with fewer or no employees; Employer has decided the work for which the employee had been employed/was doing should be done in a different manner for which the employee is not sufficiently qualified/trained; or Employer has decided that the work for which the employee had been employed/doing should be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified/trained. Statutory Redundancy Payment Entitlement where more than 104 weeks’ service Aggregate of: The product of 2 weeks of the employee’s normal weekly pay for every year of continuous employment, Plus a bonus week consisting of one week’s pay Ceiling: €600 p/w

14. Fair Procedures An employer must act reasonably in all circumstances when disciplining an employee. The employee’s constitutional rights to fair procedures must be observed at all times. 1. Employee grievances are fairly examined and processed 2. Details of any allegation or complaints are put to the employee concerned 3. The employee concerned is given the opportunity to respond fully to any allegations or complaints 4. The employee concerned is given the opportunity to avail of the right to be represented during the procedure 5. A standard procedure would involve a verbal warning, a written warning, a final written warning and dismissal 6. The employee concerned has the right to fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors of circumstances Key Principles

15. Complaints process Investigation Formal investigation if informal process fails Consider who is implicated by the complaint and meet with all relevant parties Have note taker Issue investigation report in draft for comment Grievance Process Pitfalls Intersection with other policies – bullying/protected disclosure Representation Implications for ‘respondents’/fair procedures Time limits in policy Outcome Ensure scope of authority to reach a decision is clear at the outset Appeal Ensure there is someone available at the outset – independent and more senior than initial decision maker Consider time limits Further investigation may be required Uphold or overturn original finding

16. Complaints process Investigation Formal investigation if informal process fails Fact finding only Have note taker and exchange notes in draft Issue investigation report in draft for comment Make potential implications clear Disciplinary Process Pitfalls Fair procedures/natural justice – right of reply; independence of each stage Representation Policy requirements e.g. time limits, definition of misconduct/gross misconduct, stages of disciplinary sanctions Disciplinary Hearing Separate stage to investigation Consider range of sanctions available – dismissal is last resort Ensure there is accountability for making the decision Consider submissions at hearing and communicate sanction Appeal Ensure there is someone available at the outset – independent and more senior than initial decision maker Consider time limits Further investigation may be required Uphold or overturn original finding

17. Statutory Employment Complaints

18. Q&A

19. Thank you This material contains general information about Irish Law. It is not intended to provide, and does not constitute or comprise, legal advice and is provided for general information purposes only. Please do not act or refrain from acting on the basis of any information contained in this material without seeking appropriate legal or other professional advice.   Цей матеріал містить загальну інформацію про законодавство Ірландії. Він не призначений та не є юридичною консультацією , а також не містить юридичну консультацію  і надається винятково з інформаційною метою. Будь ласка, не вчиняйте дій або не утримуйтесь від дій на основі будь-якої інформації, що міститься в цьому матеріалі, без відповідної юридичної чи іншої професійної консультації .