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With over 35 years’ experience advising and supporting Irish SMEs, MSS is one of Ireland's most highly regarded HR support consultants.
For over 35 years, MSS has been advising and supporting Irish SMEs with sound, practical, and competitively priced support to help ensure they are always fully aware of their responsibilities as an employer.
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In a landmark ruling, the Chadwicks Group, a prominent builders' merchanting business, has been ordered to pay €60,000 in compensation to a long-serving employee who faced discrimination due to her disability. The employee who had 37 years with the company, was dismissed in August 2022 after a lengthy recovery from back surgery. The employee, who underwent a routine procedure in February 2021, experienced unexpected complications that left her with significant mobility issues, including paralysis in her right leg, leading to an extended period of sick leave. During the hearing, WRC Adjudicator Valerie Murtagh determined that Chadwicks did not adequately assess the employee’s specific needs, which could have enabled her to continue working in a modified capacity. The company misrepresented medical advice, claiming that a company doctor deemed her unfit for a sedentary role - an assertion that the adjudicator found unsubstantiated. Moreover, the ruling highlighted that Chadwicks failed to consider reasonable accommodations, such as a hybrid work model or adjusted duties, which might have allowed the employee to remain employed. The employee’s own consultant neurosurgeon supported this, stating she was capable of performing her job with modifications. As part of the ruling, Chadwicks has been directed to review its policies and ensure compliance with employment equality legislation. This case serves as a crucial reminder of the importance of accommodating employees with disabilities and the need for thorough assessments before making employment decisions. For advice and guidance on managing disabilities and ensuring equality in the workplace, get in touch with our team of specialists at MSS – The HR People today.
As the debate over the future of work intensifies, the question of whether employees will return to the office or continue with hybrid models remains a key consideration for business leaders. According to recent research from KPMG's CEO Outlook survey, 90% of CEOs in the Republic of Ireland foresee a full return to pre-pandemic office environments, compared to 80% in Northern Ireland (NI). This growing trend towards a return to the office is part of a broader conversation among CEOs, who are weighing the advantages of in-person work against the ongoing demand from employees for greater flexibility. The benefits of being in the office such as relationship-building, problem-solving, career development, and the social aspects of workplace interaction, are increasingly being emphasised. However, many employees continue to prioritise flexible working arrangements, creating a potential disconnect between leadership expectations and workforce preferences. As this shift unfolds, companies will need to strike a delicate balance between in-person collaboration and flexibility to attract and retain top talent, while ensuring that business growth and productivity are not compromised. This comes as Ireland recently implemented the new Code of Practice on the Right to Request Remote Working, recommending employers consider and follow a fair process when considering requests for remote working. For employers who are considering implementing a return to office, MSS -The HR People advise that it is essential to recognise that what works for one organisation may not necessarily suit another. Employers should avoid simply following the strategies of larger companies and instead focus on creating a tailored approach that aligns with their unique culture and team dynamics. Employers need to ensure to check contracts, seek advice and adhere to the Code of Practice when considering any adjustments to remote work arrangements. Our team are available should you need any assistance. Get in touch today.
One of your main responsibilities as an employer is to ensure that your employees have clear, comprehensive, and up-to-date employment contracts. This responsibility is not only a legal obligation but also a cornerstone of good business practice. An employment contract is more than just a formality; it is a critical document that outlines the terms and conditions of employment, safeguards the interests of both the employer and the employee, and fosters a transparent and positive workplace environment. In this blog, we’ll delve into the importance of maintaining employment contracts, explore the key elements that should be included in these documents, and highlight the potential risks and consequences of neglecting this crucial aspect of employment law. Your Legal Requirements and Employer Obligations Employment contracts in Ireland are governed by several legislative frameworks, including the Terms of Employment (Information) Act 1994 and the Employment (Miscellaneous Provisions) Act 2018. These laws mandate that employers provide employees with one month with a full written statements of their terms and conditions of employment and with a mini-statement within 5 days of commencement of employment. In addition, the Workplace Relations Commission (WRC) emphasises the obligation for employers to keep employment terms up to date. This means any changes in the employment relationship, such as salary adjustments, changes in job roles, or amendments to company policies, must be documented and communicated to the employee. Let’s look at what information should be included in an employment contract. Job Title and Description: The contract should clearly state the employee's job title and provide a detailed description of their duties and responsibilities. This helps prevent any confusion about the employee's role and ensures that both parties have a mutual understanding of the job expectations. Compensation and Benefits: Details about the employee's salary, payment frequency, and any additional benefits (such as bonuses, health insurance, or retirement plans) should be clearly outlined. This section should also specify any conditions related to pay increases or performance bonuses. Working Hours and Leave Policies: The contract should specify the employee's working hours, including any provisions for overtime or flexible working arrangements. Additionally, it should outline the company's policies regarding various types of leave, such as annual leave, sick leave, maternity/paternity leave, and any other statutory or company-specific leave entitlements. Notice Periods: Both the employer and the employee should be aware of the notice periods required for terminating the employment relationship. This includes notice periods for resignation, or dismissal. Clearly defined notice periods help manage transitions smoothly and ensure that both parties fulfil their obligations. Confidentiality and Non-Compete Clauses: Depending on the nature of the business, employers may include confidentiality clauses to protect sensitive company information. Non-compete clauses can also be included to prevent employees from joining competitors or starting a similar business within a certain period after leaving the company. Grievance and Disciplinary Procedures: The contract should outline the procedures for handling grievances and disciplinary actions. This provides a clear framework for resolving conflicts and ensures that both parties understand their rights and responsibilities in such situations. Amendment Procedures: Employment contracts should also include a clause that outlines the process for making amendments to the contract. This ensures that any changes to the terms of employment are agreed upon by both parties and documented in writing. Failing to keep employment contracts up to date can lead to many negative consequences for employers, such as legal non-compliance, which can result in penalties, fines, and lawsuits due to outdated terms that do not reflect current laws. It can also cause increased disputes and grievances with employees, as ambiguities or inaccuracies may lead to misunderstandings and formal complaints. Additionally, employee dissatisfaction and turnover can rise when terms are unclear or outdated, leading to lower morale within their peers and added expense for you given it’s often more expensive and time-consuming to hire and train new recruits than retain existing staff. It's also worth considering that employers who develop a reputation for being unprofessional or neglectful of employee rights are in fact harming their company's reputation, making it more challenging to build strong relationships with clients and partners. 5 Best Practices Steps for Maintaining Up-to-Date Contracts To ensure that your employment contracts remain current and effective, consider implementing the following best practices: 1. Review Regularly to ensure your contracts reflect the latest legal requirements and company policies. This can be done annually or whenever significant changes occur within your organisation. 2. Consult Experts who specialise in employment law and who can review and update your contracts where needed. 3. Communicate any changes to contracts clearly and promptly to your employees. Provide them with updated copies of their contracts and ensure they understand the implications of any amendments. 4. Maintain Accurate Records of all employment contracts and any amendments made. This documentation can serve as crucial evidence in the event of a dispute or legal challenge. 5. Involve Employees in the process of updating their contracts. This can help foster a sense of transparency and trust, ensuring that employees feel respected and informed about their terms of employment. Conclusion As an employer, it is essential to recognise that an employment contract is not a static document but a dynamic one that should evolve with changes within the business landscape, employment laws, and the individual employment relationship. By staying proactive and diligent in maintaining up-to-date contracts, you can ensure the long-term success and stability of your organisation. At MSS – The HR People, we have the expertise needed to guide you through your legal obligations. We can create new employment contracts where needed, or audit existing ones and implement the necessary updates required. Contact us today to discuss next steps. As an employer, you can’t afford not to!