A Closer Look at Public Holiday Entitlements

Each year, millions of Muslims around the world observe Ramadan, a sacred month of fasting, prayer, and reflection in the Islamic calendar. This period of spiritual devotion, which runs from the evening of 28 February 2025 to 30 March 2025, culminates in the celebration of Eid al-Fitr. For Muslim employees, Ramadan is a deeply significant time, and thoughtful workplace support can contribute to a more inclusive and respectful environment. Small but meaningful adjustments can ensure employees feel valued and empowered to balance their religious observances with their professional responsibilities. Here are some practical steps employers can take to support their teams during Ramadan: 1. Offer Flexibility with Working Hours Fasting from dawn to sunset can impact energy levels, particularly later in the day. Where possible, consider offering flexible hours, adjusted start and finish times, or remote working options. Some employees may prefer an earlier start to finish in time for iftar (the evening meal), while others may need later mornings due to late-night prayers. Providing this flexibility can help employees maintain their productivity while observing their faith. 2. Provide a Quiet Space for Prayer Prayer is an essential part of daily life for Muslims, with five prayers observed at specific times throughout the day. During Ramadan, many also take part in additional prayers. Employers can support their employees by ensuring there is a quiet, private space available for prayer, such as a designated room or an unused office. 3. Plan for Annual Leave Requests for Eid Eid al-Fitr, marking the end of Ramadan, is one of the most significant celebrations in Islam. Many employees will request time off to spend the day with family and friends, so planning ahead and accommodating leave requests where possible will help maintain smooth operations while supporting employees in celebrating this important occasion. 4. Be Mindful of Workloads and Energy Levels Fasting can affect concentration and energy, particularly in the afternoon or during long workdays. Employers can help by scheduling more demanding tasks earlier in the day, avoiding unnecessary meetings, and being mindful of employees’ needs. Simple adjustments to expectations and workloads can make a significant difference in helping employees manage their responsibilities effectively. 5. Foster Awareness and Understanding Encouraging open conversations about Ramadan can promote a more inclusive and respectful workplace. Simple gestures, such as acknowledging Ramadan, sharing educational resources, or inviting employees to share their experiences, can enhance awareness and create a culture of support. It’s also important to recognise that not everyone observing Ramadan will fast, so assumptions should be avoided. 6. Recognise and Celebrate Eid Acknowledging Eid in the workplace is a great way to show support and appreciation. A simple "Eid Mubarak" (Happy Eid) in a team meeting, email, or company announcement can go a long way in making employees feel valued. Organisations can also mark the occasion with an internal message or small celebration to foster inclusivity. By making small yet impactful adjustments, employers can create a supportive environment where all employees feel respected and included. Thoughtful consideration of religious observances like Ramadan strengthens workplace culture and contributes to a more engaged and diverse team.  For any queries, don’t hesitate to get in touch with the team at MSS-The HR People.

Updated Minimum Pay and Pension Rates for the Irish Construction Sector in 2025 In November 2024, Minister of State for Business, Employment and Retail, Emer Higgins, approved a Labour Court recommendation to adjust minimum pay rates, pension contributions, and sick pay entitlements for workers in the Irish construction industry. This Sectoral Employment Order (SEO) is set to take effect on August 5, 2025, introducing a 3.4% increase in minimum hourly rates across various categories, with an additional 3.2% raise scheduled for August 2026. There are 2 criteria which decide who is covered: · The employer must operate in the construction sector, and · It applies to employees who work in the sector and defines their roles into specific classes, as set down below. The SEO defines what activities place an employer within the construction sector and what experience and qualifications place a worker in a particular employee class. Revised Minimum Hourly Rates Effective August 5, 2025: 

On February 4, 2025, the European Commission released draft guidelines clarifying prohibited AI practices under the EU Artificial Intelligence (AI) Act. These guidelines aim to ensure the consistent and effective application of the AI Act across the European Union. While non-binding, they offer valuable insights into the Commission's interpretation of prohibited practices.  Key Prohibited AI Practices and Employer Risks The AI Act identifies certain AI practices as posing unacceptable risks to fundamental rights and European values. Notable prohibitions include: 1. Manipulative Techniques Prohibition: AI systems that deploy subliminal or purposefully manipulative techniques, distorting an individual's behaviour without their awareness, leading to decisions they would not have otherwise made, and causing or likely causing significant harm. Example: Some AI-powered recruitment platforms claim to predict a candidate’s job suitability based on their facial expressions or voice tone during video interviews. If these systems use subliminal nudges to influence the recruiter’s perception or decision-making, they could fall foul of the AI Act. 2. Exploitation of Vulnerabilities Prohibition: AI systems that exploit vulnerabilities of individuals or specific groups due to age, disability, or social or economic situations, materially distorting their behaviour in a manner that causes or is likely to cause significant harm. Example: An AI-driven job-matching tool that intentionally steers lower-income applicants towards low-paying roles, based on assumptions about their socioeconomic status, would be considered exploitative under the Act. Similarly, AI screening tools that disadvantage candidates with disabilities by misinterpreting speech patterns or movement in video interviews could violate the law. 3. Social Scoring Prohibition: AI systems that evaluate or classify individuals based on their social behaviour or predicted personal characteristics, leading to detrimental or unfavourable treatment unrelated to the original context of data collection, or treatment that is unjustified or disproportionate. Example: If an employer uses an AI system to analyse employees’ social media activity and assigns them a risk score influencing promotions or disciplinary action, this would be a clear case of unlawful social scoring. Similarly, AI-powered tools that assess employee performance based on personal lifestyle choices, such as credit scores or location tracking outside work hours, could breach the AI Act. 4. Emotion Recognition in the Workplace Prohibition: AI systems designed to infer emotions of individuals in workplace settings, except where intended for medical or safety purposes. Example: Some companies deploy AI tools to monitor employees' facial expressions during meetings or track their tone of voice in customer service calls to assess engagement or stress levels. Such systems, if not strictly used for medical or safety reasons, would be prohibited under the AI Act. Implications for Employers Employers utilising AI systems must assess their practices to ensure compliance with the AI Act. Key considerations include: Review AI Systems : Evaluate current AI tools, especially those used in recruitment, employee monitoring, and decision-making processes, to ensure they do not employ prohibited practices. Policy Updates : Revise internal policies to reflect the prohibitions outlined in the AI Act, ensuring that AI deployments align with ethical standards and legal requirements. Training and Awareness : Educate HR professionals and relevant staff about the AI Act's provisions, emphasising the importance of ethical AI use and the potential risks associated with non-compliance. Vendor Management : Ensure that third-party AI service providers comply with the AI Act, incorporating compliance requirements into contracts and conducting regular audits. Enforcement and Penalties The AI Act establishes a comprehensive framework for AI governance. Non-compliance can result in significant penalties, including fines up to €35 million or 7% of annual global turnover for serious breaches . Conclusion The European Commission's guidelines on prohibited AI practices under the AI Act underscore the EU's commitment to ethical AI deployment. Employers must proactively assess and adjust their AI systems and policies to align with these guidelines, ensuring the protection of individual rights and maintaining public trust in AI technologies. By taking these steps now, businesses can avoid potential legal risks and foster a fair and compliant AI-driven workplace.

The Irish Government has introduced the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024, bringing important updates to employment and equality laws. This Bill proposes key amendments to the Employment Equality Act 1998 and the Equal Status Act 2000, aiming to strengthen workplace protections, increase transparency in recruitment, and improve access to justice for individuals facing discrimination. At MSS – The HR People, we want to ensure our clients stay ahead of these changes and understand how they may impact employers. Key changes employers should be aware of 1. Greater Transparency in Recruitment & Pay Employers will need to ensure job criteria are justified, necessary, and proportionate to the role. Salary details will need to be included in job advertisements to help reduce pay disparities, including the gender pay gap. Employers will no longer be able to ask candidates about past salaries, helping to prevent pay inequality from carrying forward. 2. Extended Timeframes for Discrimination Complaints The deadline for lodging a discrimination complaint with the Workplace Relations Commission (WRC) will increase from 6 months to 12 months, with a possible extension to 18 months in certain cases. This change acknowledges the barriers individuals—especially from marginalised groups—face in seeking redress. 3. Recognition of Intersectional Discrimination The Bill explicitly recognises intersectional discrimination, where individuals face bias on multiple grounds (e.g., race and gender). This strengthens protections and ensures a more inclusive approach to workplace equality. 4. Targeted Recruitment Initiatives for Underrepresented Groups Employers will be permitted to implement positive action measures, such as targeted recruitment campaigns, to support underrepresented groups, including people with disabilities. 5. Updates to Equal Status Complaints & Compensation Limits Equal status complaints involving licensed premises will be handled by the WRC, making resolution simpler and more accessible. Compensation limits under the Equal Status Act will increase, ensuring penalties are effective and in line with EU standards. Adjudicators will have clearer guidelines on awarding compensation, promoting fairness and consistency. What’s Next? The Bill is still moving through the legislative process before becoming law. Once enacted, it will introduce new compliance obligations for employers, making it essential to review recruitment policies, pay practices, and workplace equality measures. At MSS – The HR People, we’re here to help you navigate these changes with expert advice and practical solutions.  Get in touch with our team to discuss how these updates might affect your business!

With St. Patrick’s Day approaching, it’s a good time for employers to ensure they are correctly applying public holiday pay and entitlements in line with the Organisation of Working Time Act. Here’s a refresher on what you need to know to stay compliant. Who is Entitled to Public Holiday Benefits? All employees, including full-time, part-time, and casual workers, are entitled to public holiday benefits and, in the case of part time workers, provided they have worked at least 40 hours in the five weeks leading up to the holiday. What Are the Entitlements? Employees who qualify are entitled to one of the following: A paid day off on the public holiday An additional day’s pay A day off within a month of the public holiday An extra day of annual leave How to Calculate Pay for Public Holidays Full-Time Employees: If they normally work on the day the public holiday falls, they should receive a paid day off, or, If required to work the public holiday, should receive double pay, or basic pay plus one of the entitlements listed above or, If they do not normally work that day, they should still receive one of the entitlements listed from 2 – 3, above. Part-Time Employees (provided they meet the 40 hour threshold): If they normally work on the day the public holiday falls, they should receive a paid day off, or, If required to work the public holiday, should receive double pay, or basic pay plus one of the other entitlements listed above or, If they do not normally work that day, they should still receive one of the entitlements listed from 2-4, above. Whether you choose to pay your employee an additional days pay or give time in lieu, this should be based on the calculation of one fifth of their working week. Employees with No Fixed Working Days: If an employee’s schedule varies, their entitlement is based on the average hours worked in the previous 13 weeks. Managing St. Patrick’s Day for Your Workforce Advance Planning: Ensure employees are informed about their entitlements well in advance. Roster Considerations: If your business remains open on St. Patrick’s Day, plan your roster accordingly and communicate any alternative days off where applicable. Payroll Adjustments: Ensure payroll calculations correctly reflect any additional public holiday pay. If you have any specific questions about public holiday pay calculations, our Team are happy to help.

Business leaders understand that change is inevitable. As organisations adapt to evolving workforce needs, they often face the complex challenge of restructuring which can in some cases, lead to employee redundancies. Managing these transitions with empathy and strategic foresight is crucial, not only for the well-being of departing employees but also for maintaining the morale and productivity of the remaining workforce. This is where outplacement services come into play. What is Outplacement? Outplacement refers to support services provided by organisations to exiting employees to help them transition to new job opportunities after redundancy or termination. These services typically include career coaching, resume writing assistance, interview preparation, job search strategies, and emotional support. The primary goal is to equip displaced employees with the tools and confidence needed to secure new employment promptly. The Importance of Outplacement Services Incorporating outplacement services into your organisational strategy is not merely a response to redundancy; it's a proactive measure that reflects a commitment to your employees' futures and the long-term health of your business. Supporting Affected Employees The prospect of redundancy can be both upsetting and life-changing for an employee. Outplacement services offer a structured approach to help individuals navigate this challenging period. By providing personalised programmes that may include help writing resumes and cover letters, navigating job boards, honing interviewing skills, networking, and negotiating salaries, employees are better prepared for future employment opportunities. 2. Protecting the Employer's Brand and Reputation How an organisation handles redundancies can significantly impact its public image. Providing outplacement services demonstrates a commitment to employee welfare, even during difficult times. This compassionate approach can enhance the company's reputation, making it more attractive to potential hires and customers. Maintaining Morale and Productivity Redundancies can create uncertainty and anxiety among remaining employees. By offering outplacement services, businesses show that they value their staff, which can help maintain morale and productivity. Employees are more likely to remain engaged and loyal when they see their employer acting responsibly and ethically. Reducing Legal Risks Providing support during layoffs can also mitigate potential legal challenges. Employees who feel supported are less likely to pursue legal action against the company, reducing the risk of costly and time-consuming disputes. Additionally, outplacement programmes enhance operational efficiency by enabling organisations to manage workforce transitions more effectively. With career coaching, job search support, and networking opportunities provided by external specialists, in-house HR teams and managers can focus on their core responsibilities rather than being overwhelmed by the complexities of redundancies. Implementing Effective Outplacement Services To maximise the benefits of outplacement services, a business should consider the following best practices: Personalised Support Each employee's career path and aspirations are unique. Offering personalised support, such as one-on-one coaching sessions, can address individual needs effectively. This tailored approach increases the likelihood of successful job placements. Comprehensive Resources Outplacement programmes should provide a range of resources, including resume and cover letter writing assistance, interview preparation, job search strategies, and access to job boards. Equipping employees with these tools enhances their competitiveness in the job market. 3. Continuous Feedback and Improvement Regularly assessing the effectiveness of outplacement services through feedback from participants can guide improvements and ensure the program meets the evolving needs of employees. Conclusion Outplacement services are a vital component of responsible and strategic human resource management. They offer tangible benefits to both employees and employers, from supporting affected staff in their career transitions to safeguarding an organisation's reputation and operational efficiency. By investing in comprehensive outplacement programs, companies not only fulfil their ethical obligations but also position themselves for sustained success in an ever-evolving business landscape.  For those seeking to implement or enhance their outplacement services, partnering with experienced providers like MSS - The HR People can ensure a compassionate and effective approach to workforce transitions. With over 35 years’ experience advising and supporting Irish businesses across all sectors, MSS offers tailored outplacement support designed to prepare individuals for future employment opportunities.

The Automatic Enrolment Retirement Savings System Act 2024, signed into law by the President, will introduce a new auto-enrolment pension scheme, called Future Fund, and will commence on 30th September 2025. This scheme will target workers who are not currently in a pension plan and will establish the National Automatic Enrolment Retirement Savings Authority, overseen by the Department of Social Protection. Tata Consultancy Service (TCS), a global IT service provider with a significant presence in Letterkenny, Ireland, will manage the system. Key provisions of the Act will include conditions for enrolment based on age, employment status, and an earnings threshold of €20,000 annually. Employees aged between 23 and 60 will be enrolled if their total gross pay meets or exceeds this threshold. The Authority will assign the enrolment date and notify employers, who must inform the concerned employees. Failure to notify employees will be considered an offence. After employees are enrolled, they must stay in the pension scheme for at least 6 months. If they opt-out 6 months after they have been enrolled, their contributions will be refunded. Employees who previously opted out will be able to re-apply to opt in. However, where an employee opts out or suspends their contributions, they will be automatically re-enrolled after 2 years if they are still eligible for the scheme. However, where they have an alternative pension plan, they won’t be re-enrolled. The Authority will also periodically re-enrol employees who meet certain conditions, ensuring they reconsider their participation in the pension scheme. Where employees earn less than €20,000 per year, or are not aged between 23 and 60, they can choose to join the pension scheme if they are not already part of a pension plan. Employers will be responsible for calculating and paying contributions for participants based on notifications from the Authority. The contribution rates for participants, employers, and the State will increase progressively over different employment periods, starting at 1.5% for participants and employers, and 0.5% for the State in the first three years, and rising to 6% for participants and employers, and 2% for the State after nine years. If an employee changes jobs after being automatically enrolled, they will not need to change their pension or join a new scheme. The employee will remain a member of the auto-enrolment scheme on a 'pot-follows-the-member' basis. No action will be required on their part, as the new National Automatic Enrolment Retirement Savings Authority will manage the transition. Employers will need to adapt to these changes, considering whether to use the government’s auto-enrolment model or adapt their existing schemes. They will not be able to automatically enrol employees into their own pension plans without consent, which could present challenges. Employers are strongly advised to review their systems in conjunction with payroll, pension, and HR providers before auto-enrolment takes effect in September 2025. Planning for these changes should begin as soon as possible to ensure a smooth transition. For any queries, employers get in touch with the team at MSS-The HR People.

Workplace investigations are essential for maintaining integrity, trust, and a positive work environment within organisations. In Ireland, conducting these investigations requires adherence to specific legal frameworks and best practices to ensure fairness and compliance. This blog delves into the key aspects of workplace investigations, offering guidance on initiating and conducting them effectively. Legal Framework Governing Workplace Investigations in Ireland In Ireland, employees possess constitutional rights to natural justice and fair procedures. To provide structured procedures for handling grievances and disciplinary matters, the Code of Practice on Grievance and Disciplinary Procedures was introduced in 2000. This Code sets down guidelines for the compliance of procedures with natural justice and fair procedures, ensuring: · Fair examination and processing of employee grievances. · Presentation of detailed allegations or complaints to the concerned employee. · Provision for the employee to respond fully to such allegations. · Opportunity for the employee to be represented during the procedure. · A fair and impartial determination of the issues, considering all representations and relevant evidence. Further Codes of Practice addressing workplace bullying and harassment were published in 2021 and 2022, respectively. These codes are admissible in evidence before courts, the Workplace Relations Commission (WRC), and the Labour Court. Initiating a Workplace Investigation A workplace investigation typically commences when an incident occurs that the organisation deems potentially inappropriate or a breach of its policies. Common triggers include: · Complaints against an employee regarding performance or conduct. · Complaints from employees, clients, or third parties concerning an employee. · Allegations of bullying, harassment, or sexual harassment. Before initiating an investigation, it's crucial to have a well-defined plan and a clear Terms of Reference outlining the investigation's scope, objectives, and procedures. This ensures that the process remains focused and transparent. The investigator in a workplace investigation can be either internal or external to the organisation, depending on the circumstances and the complexity of the case. Internal Investigators Organisations often appoint internal investigators, particularly for routine or less complex cases. Internal investigators are typically members of HR or senior management trained in conducting investigations. Advantages of Internal Investigators: Cost-Effectiveness: Internal investigators do not incur the additional fees associated with external consultants. Familiarity with the Organisation: They have a deeper understanding of the company’s culture, policies, and procedures, which can aid in the investigation process. Confidentiality: Keeping the investigation in-house may reduce the risk of sensitive information being shared outside the organisation.  However, there are challenges with Internal Investigators: Bias and Impartiality: There is a potential for perceived or actual bias, especially if the investigator has prior interactions with the parties involved. Lack of Expertise: Internal investigators may lack specialised training for complex cases, such as those involving harassment or discrimination. External Investigators In more complex, sensitive, or high-stakes cases, organisations often engage external investigators. These are typically legal professionals, HR consultants, or specialised investigators. Advantages of External Investigators : Impartiality: External investigators bring objectivity and are free from internal influences. Expertise: They are usually well-versed in employment law, investigative techniques, and handling sensitive matters. Credibility: Their involvement may enhance the credibility of the investigation, especially if challenged in court or by regulatory bodies. As with Internal Investigators, there are some drawbacks to engaging with External Investigators, including: Cost: Hiring external experts can be more expensive than using internal resources. Familiarity: They may lack an understanding of the organisation’s culture and internal dynamics. As a general guide, Internal Investigators are suitable for minor infractions, when there is no risk of bias, and the organisation has trained personnel. Meanwhile, External Investigators are recommended for serious allegations such as bullying, harassment, or discrimination, or when internal bias might be perceived. Conducting the Investigation The appointed investigator should conduct the process with integrity, fairness, impartiality, and respect. Key steps include: 1. Gathering Evidence : Collect all relevant information, including documents, emails, and any physical evidence pertinent to the case. 2. Interviewing Witnesses : Identify and interview individuals who may have information related to the allegations. Ensure that interviews are conducted confidentially and that witnesses are protected from retaliation. 3. Documenting Findings : Maintain detailed records of all interviews and evidence collected. This documentation will be crucial for the investigation report and any subsequent proceedings. Throughout the process, it's imperative to adhere to the principles of natural justice, ensuring that the accused employee has the opportunity to respond to allegations and that the investigation is conducted without bias. Role of the Workplace Relations Commission (WRC) The WRC is the National body tasked with handling employment law-related claims, including unfair dismissal. If an employee believes that an investigation was conducted unfairly or that their rights were violated, they may seek recourse from the WRC. The WRC provides mechanisms for resolving such disputes and ensures that employment laws are upheld. Common Pitfalls and Risks Poorly conducted investigations can expose organisations to significant financial, legal, and reputational risks. Common mistakes include: · Lack of pre-investigation planning. · Absence of a clear Terms of Reference. · Failure to adhere to fair procedures and natural justice principles. · Inadequate documentation of the investigation process. To mitigate these risks, businesses should ensure that their investigation procedures are robust, transparent, and in line with legal requirements. Conclusion Workplace investigations are a critical component of maintaining a fair and respectful work environment in Ireland. By adhering to established legal frameworks and best practices, organisations can address issues effectively, uphold employees' rights, and foster a culture of trust and integrity. MSS – The HR People: Your External Experts Workplace investigations can be complex. At MSS, we have a wealth of experience working with businesses, the WRC and the Labour Court. We provide objectivity and impartiality, ensuring that the investigation is conducted thoroughly and fairly. We also work closely with you, the business owner to navigate the legal intricacies thereby reducing the risk of potential challenges. To learn more about our employer representation service, visit https://www.mssthehrpeople.ie/employer-representation or contact us today at info@mssthehrpeople.ie

As remote work continues to reshape modern employment, Irish employers are increasingly faced with requests from employees to work abroad. While these arrangements offer flexibility, they also present complex challenges across tax, social security, immigration, and employment law. Addressing these issues proactively is essential to minimising risks and ensuring compliance. This guide summarises the critical factors to consider and outlines practical steps for employers to navigate the intricacies of remote work abroad effectively. Tax and Social Security Implications Income Tax : If an employee temporarily works abroad but resides in Ireland, income tax is usually deducted under PAYE. However, complications arise if the employee stays abroad for an extended or indefinite period or if they aren’t registered with Irish Revenue. · The 183-day rule: Spending 183 days in a foreign country often triggers tax residency and employer withholding obligations. · Double Tax Treaties (DTT): Ireland has DTTs with 73 countries. Under these treaties, short stays abroad might exempt employees from local income tax, but obligations like local employer registration may still apply. 2. Social Security : Social security is generally tied to where work is physically performed. Special rules apply for cross-border workers within the EU, UK, and countries with reciprocal agreements with Ireland. · Employees posted within the EU can remain under Ireland’s PRSI system for up to 24 months. · Outside the EU and UK, liability depends on local agreements and rules. Employment Law and Data Privacy Employment Protections : Employees working abroad may acquire local mandatory employment rights, including minimum pay, holidays, and termination protections. · Extended stays may require transitioning employees to local contracts to ensure compliance. Data Protection : Employers must comply with GDPR when transferring personal data. This includes implementing technical measures like updated software and secure data storage. Immigration and Regulatory Compliance Immigration : Employees must ensure they have the appropriate visas or permissions to work in the host country. Short business visits might not require immigration permissions, but longer stays typically do. Regulated Roles : For regulated industries, approvals from governing bodies might be necessary when employees work from abroad. Confidential Information and Health & Safety Confidentiality : Ensure employees safeguard company data by using secure devices and avoiding work in public places. Health & Safety : Employers must provide a safe work environment, even when employees are abroad, and comply with local health and safety requirements.  Minimising Risks: Practical Steps Approve requests only for roles that can be effectively performed remotely and lawfully in the host country. Limit approvals to short, defined periods with clear documentation. Seek expert local advice on tax, social security, and legal obligations. Address potential impacts on employee benefits, such as pensions and healthcare. Define clear terms for remote work, including: · Responsibility for additional taxes or declarations. · Applicable employment laws and jurisdictions. · Restrictions on employee authority to enter contracts in the host country. · Ownership of intellectual property created during employment. Conclusion Navigating the intricacies of remote work abroad is far from straightforward. From tax and social security obligations to compliance with local employment laws and data protection regulations, each request brings a unique set of challenges that can quickly become overwhelming. Missteps in these areas can lead to significant legal, financial, and reputational risks for employers. At MSS the HR People we understand the complexities involved and offer tailored solutions to help Irish employers confidently manage remote work arrangements abroad. With our expert guidance, you can ensure compliance, protect your business, and provide your employees with the flexibility they value. Contact us today to discuss how we can support your company in addressing these challenges effectively.