COVID-19 Planning Ahead

April 20, 2020

EMPLOYER UPDATE


Planning Ahead 


For businesses and HR Practitioners, with the possibility of light at the end of the lockdown tunnel, now is the time to start forward planning to ensure that, whenever restrictions are lifted and businesses are permitted to reopen, both the business and its employees are ready to resume work. The following are some key areas to focus on to make sure that your business is sufficiently prepared;


Returning Employees to Work

Depending on the Government’s direction, a phased return to work may be necessary for some or all employers to allow the business to get up and running, which means the business may not need everyone back at the same time. In those circumstances, employers will need to decide how to select who will return to work first ensuring they use a fair and objective criterion when doing so.


Employers who have laid staff off, should also keep a watch on the changes that were made to Section 12. Redundancy Payments Act 1967 from 26 March 2020 which prevents claims of redundancy from employees who have been laid-off or kept on short-time due to Covid-19.


This exemption is due to end on the 31st May 2020, and unless this is extended employers may face redundancy claims from employees who remain on lay-off/short time beyond this date. This may impact decisions for employers on who is to return to work first.


Once selections have been made, employees will need to be contacted to advise them when the period of lay-off or short-time working will cease and of their return to work date, remembering to give as much notice as possible, as employees on lay-off may have been employed elsewhere during the “emergency period”.


Action: Begin to prepare letters for when you need to notify employees, to ensure selection is fair and avoid unnecessary delays.


Health and Safety

Employers must consider the safety, health and welfare of employees returning, in line with their Duty of Care under the Safety, Health and Welfare Act. Guidance from the government should be strictly adhered to. Employers should update risk assessments prior to employees returning to work/returning to normal duties, to ensure that any control measures that are necessary to prevent any possible spread of COVID-19 are in place i.e. rearranging offices, online meetings etc. and that employees are fully briefed and confirm their understanding of them before returning to work. Absence and return to work processes should also be reviewed and confirmation should be sought from employees in advance of their return to protect against any risk of COVID-19.


Action: Update H&S documentation and training material/PPE to incorporate COVID 19 measures.


Collective Redundancies

With a significant downturn in the economy predicted, some employers may unfortunately be faced with the need to implement redundancies or may have identified more efficient ways of working, resulting in fewer employees needed, within their organisations. Employers should be careful to seek advice in advance of any such action, however. Fair procedures must be applied at all stages where redundancies are being considered. Depending on the number of roles being declared redundant and the size of the workforce, Collective Redundancy legislation may apply, entailing more specific notice and consultation periods. Failure to adhere to fair procedures, may result in claims under the Unfair Dismissals Act 1978.


Action: Review staffing levels and work practices to identify potential efficiencies.


Annual Leave

Many employees will be returning to work with an accumulation of annual leave, which employers may struggle to allow them to take within the leave year. In this regard, employers may want to consider relaxing their annual leave policies and allowing for a carryover of leave into the next leave year. It should be noted that the annual leave year for the purpose of the Organisation of Working Time Act 1997 is from the 1st April to the 31st March. Under this legislation, annual leave can be carried forward into the first six months of the following leave year (1st April -30th September) with the agreement of the employee or if contractually provided for.


Where agreement is reached this should be recorded. Employers should ensure they have a strategy in place for managing the excess annual leave which employees will have accrued.


Employers should ensure that management are fully briefed on the details of their employee’s remaining annual leave for this year so that everyone is clear on where they stand and can plan accordingly.


Should an employer wish to specify when employees may take their leave, then there should be consultation on this at least one month before the leave date and should take into account proper rest and recreation for the employee and their family.


Action: Review outstanding leave entitlements and plan how they are to be used up without affecting the business.


Compassionate/ Bereavement Leave

As a result of social distancing measures, funeral masses are presently limited to family members only during the emergency period. Memorial services may take place when it is over. Employers should expect to receive requests for time off for attendance at these and so should consider their position. Although not legally required, many employers operate policies on bereavement/compassionate leave.


Action: Review these policies and decide whether to adjust them temporarily to facilitate leave for these unique circumstances or require annual leave/unpaid leave should be taken. Employers that do not have expressed Bereavement/compassionate leave policies should also prepare for what their position on such ceremonies will be.


Working From Home

This pandemic has forced employers to implement flexible working arrangements which would not normally apply and have trusted their employees to carry out the work which they were employed to do, from their home. Employers should be prepared for requests from some of their employees to continue with such arrangements. Whatever the preference of your business, you should start to decide now what your company’s position is. What would be the cost or operational implications of continuing? If it is something you wish to permit, decide fairly on what basis, and ensure that you document any agreement and the conditions applicable.


Action: Create a Home Working policy to cover H&S aspects and applicable circumstances.


Part Time Work Request

Employees who have been working reduced hours or not working at all may seek to avail of part time hours on a permanent basis. Employers should consider what their position is for such requests. Although not obliged to facilitate such an arrangement, the ‘Code of Practice on Access of Part Time Working’ provides that employers should consider requests for Part-Time Work and take account of all factors both relevant to the organisation and personal to the applicant before making a decision. Written replies to the employees detailing these reasons should be given. These requests should be considered on a case by case basis, but employers can start planning now for potential requests and the operational feasibility of them for roles within their business.


Where part time work arrangements are agreed, the conditions for same should be clearly laid out and detailed in a signed appendix to the employees Terms and Conditions.


Actions: Prepare a Part Time workers policy


Probation 

Some employees may have been employed on an initial probation period prior to being placed on lay-off/short time. Employers should check whether their contracts provide for the extension of the probation period to take into account any periods of absence, in which case they should write to employees to confirm this extension so that there is no uncertainty. However, in any case they should be careful not to extend the probation beyond a period of 11 months, as employees will benefit from full coverage under the Unfair Dismissal Act once they have accrued 12 months service.


Action: Review all new employee dates and issue update letters to all probationers.


Communication

The pandemic has had a big impact on the way in which we all communicate including employers resorting to online platforms for meetings and this has meant that businesses have honed their IT communications skills. Employers may want to consider whether these new approaches would be beneficial and could be incorporated into the workplace in the future. As social distancing measures are likely to be still in place on return, if these measures were necessary to ensure that appropriate distances are maintained, then employers may be required to continue with them initially. In doing so employers will need to review any GDPR implications to this.


Action: Update/introduce IT policies and review GDPR implications.


Contract Review

Some employers may have identified gaps in their employment contracts, in particular in relation to lay-off and short-time working clauses. Therefore, it may be a good time to review employment contracts/Employee Handbooks now to include these provisions.


Action: Review Terms and conditions


Wage Subsidy Scheme/ Welfare Scheme

Revenue may need to be contacted and payroll processes may need to be adjusted as the Wage Subsidy schemes come to an end. (Currently scheduled for the 25th June) Employers should consider now what steps will be involved, liaising closely with payroll companies and the information available on www.gov.ie and ensure that they can do so as quickly as possible to avoid unnecessary delays. Laid off employees in receipt of the Pandemic Unemployment Benefit should be reminded to contact the revenue to advise that they are now returning to work. Those operating outside of the Wage Subsidy Scheme with employees on lay-off may take longer to get back up and running.


Action: Update Payroll and prepare letters to employees advising them of any changes in pay format and potential income tax liabilities.


Employment Permits

If an employer has any employees who are employed on a Work Permit, they will need to contact the department to confirm when the employee will be returning to work.


Whilst permits due to expire have been temporarily extended, Employers should also check to ensure that any non-EU national visas are up to date and that reminders are sent to employees who have visas which are due to expire.


Action: Review all work permits currently in place and write to relevant employees on their status.


Before you make any changes to what you have done in the past, we would recommend that you seek advice to ensure that you are not exposing your business to claims from your employees.


This update is provided by the MSS HR Support Service



Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

Email: info@mssirl.ie Website: www.mssirl.ie 


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Work Permits in Ireland: What Changed in 2024 and Why It Matters

By Tara Daly • April 8, 2025
In 2024, Ireland implemented significant reforms to its employment permit and visa systems through the Employment Permits Act 2024. These changes aim to modernise the process, address labour market needs, and enhance flexibility for both employers and employees. If you currently employ, or plan to employ an employment permit or visa holder, it's crucial to understand these developments and their implications.​ Key Changes Introduced by the Employment Permits Act 2024: Revised Labour Market Needs Test (LMNT): Employers are no longer required to advertise job vacancies in print media. Instead, vacancies must be posted on online platforms accessible to Irish and EEA citizens. However, postings on Jobs Ireland and EURES remain mandatory. This simplifies the process for employers, potentially speeding up the recruitment process. Enhanced Mobility for Employment Permit Holders: General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP) holders can now change employers after nine months, reduced from the previous 12-month requirement. GEP holders can move within the same occupation, while CSEP holders have broader flexibility across related roles. ​ Facilitated Internal Promotions and Transfers: Permit holders can be promoted or internally transferred within the same company without needing a new employment permit, streamlining career progression and avoiding unnecessary administrative burdens for employers. Introduction of the Seasonal Employment Permit (SEP): A new permit allows non-EEA workers to engage in seasonal employment for up to seven months annually, supporting sectors like horticulture and agriculture. A pilot scheme was launched in February 2025. ​ This is positive for employers who may otherwise struggle to recruit seasonal workers. Updated Salary Thresholds: Minimum salary requirements for various permits have been increased. For instance, the threshold for General Employment Permits rose from €30,000 to €34,000 in January 2024, with further increases planned later this year. ​ Whilst this is increase is positive in that it ensures Migrant workers are earning a living wage, the increased threshold may lead to difficulties in recruitment and may also deter some employers from considering Work Permits. Expanded Rights for Dependents: Dependents of CSEP holders and certain researchers can now work in Ireland without needing a separate employment permit, enhancing family integration. ​ Implications for Employers: Recruitment Flexibility: The revised LMNT and mobility provisions allow for a more streamlined hiring process and greater access to international talent.​ Compliance Obligations: Employers must ensure adherence to the new advertising requirements and updated salary thresholds to remain compliant.​ Strategic Workforce Planning: The introduction of the SEP provides opportunities to address seasonal labour demands effectively.​ Implications for Employees: Career Advancement: Enhanced mobility and promotion provisions offer greater opportunities for career development within Ireland.​ Family Integration: Expanded work rights for dependents facilitate better family support and integration into Irish society.​ These legislative changes reflect Ireland's commitment to creating a more flexible and responsive employment permit system, balancing economic needs with worker rights.​ Need Support Navigating the Changes? If you have questions about how the 2024 work permit and visa changes affect your business, or if you're unsure about compliance, recruitment strategies, or permit applications— we’re here to help . Our team of HR and employment law experts can guide you through every step of the Work Permit process, ensuring you remain compliant while supporting your workforce needs. Call or email us today 01 8870690, info@mssthehrpeople.ie

The Growing Need for Workplace Diversity

By Tara Daly • April 8, 2025
Ireland is becoming an increasingly multicultural society, with one in five residents born abroad. However, while workplaces are seeing more diverse talent pools, true representation at senior levels is still a challenge. The Current Landscape Encouraging progress has been made in gender diversity—particularly in boardrooms. The number of women on boards of the top 20 listed companies has doubled in the past five years. However, broader workplace diversity remains an issue. Recent reports indicate that only half of employees feel their companies are representative of society at management levels. Key Challenges Ethnic Minority Representation: Many ethnic minority professionals continue to face barriers to career progression, particularly in leadership roles. Disability Inclusion: Despite workplace accessibility initiatives, disabled individuals remain underrepresented in the workforce. Gender Disparities: While strides have been made, industries like finance and tech still show significant gender gaps at senior levels. The introduction of gender pay gap reporting in Ireland is a significant step toward greater transparency. By requiring companies to publish gender pay data, this initiative highlights disparities and encourages organisations to take proactive measures to address them. Steps Towards a More Inclusive Workforce 1. Commitment to Change – Companies need to adopt proactive diversity, equity, and inclusion (DEI) policies, ensuring hiring and promotion practices reflect a broader talent base . Initiatives & Charters – Programs like the Women in Finance Charter and various industry-led DEI initiatives are helping to bridge gaps, but more widespread adoption is needed. Employee Engagement & Training – Diversity training and mentorship programs can create more inclusive work environments, fostering career development for underrepresented groups. Data-Driven Approach – Measuring diversity statistics and setting clear goals can help track progress and drive accountability. Gender pay gap reporting, in particular, provides valuable insights and holds companies accountable for wage disparities. Looking Ahead For businesses, improving workplace diversity isn’t just about compliance—it’s about fostering innovation, improving decision-making, and reflecting the diverse landscape of modern Ireland. A sustained, strategic approach will be crucial in making workplaces more inclusive and reflective of the country’s evolving demographics.  If you’d like support in developing diversity strategies tailored to your organisation, get in touch with us today!

Important Insights and Case Law on Public Holiday Entitlements

By Tara Daly • April 8, 2025
As we navigate the complexities of Irish employment law, public holiday entitlements continue to be a topic of interest and sometimes uncertainty. In this article, we've compiled recent case law and key rulings that provide valuable insights into your obligations and rights regarding public holidays. These cases will help clarify common questions and ensure that your policies align with the latest legal standards. Failing to Pay Public Holiday Entitlements? It Could Cost More Than You Think!  Full case available here: https://www.workplacerelations.ie/en/cases/2024/november/adj-00044754.html This case is a strong example of how the Workplace Relations Commission (WRC) can exercise its authority not only to ensure an employer pays outstanding statutory entitlements but also to award additional compensation for breaches of employment rights. Both parties agreed that the Complainant had not been paid for four public holidays. Under Section 27(c) of the Organisation of Working Time Act, the adjudicator has the power to order an employer to pay compensation that is "just and equitable" in the circumstances, up to a maximum of two years' remuneration. While the Respondent acknowledged the breach and calculated the unpaid wages as €361.60, the adjudicator determined that this amount alone was insufficient. Emphasising the seriousness of the breach—particularly given that public holiday entitlements are clearly outlined in legislation—the adjudicator awarded the Complainant €1,000 in total. This decision reinforces that failing to comply with well-established statutory entitlements can result in financial penalties beyond simply repaying what is owed, highlighting the WRC’s commitment to upholding employee rights. When Public Holiday Entitlements may not apply Full Case available here: https://www.workplacerelations.ie/en/cases/2025/january/adj-00050728.html This case is an interesting example of how public holiday entitlements may not apply under the Organisation of Working Time Act. The Complainant alleged that he had not received payment for his public holiday entitlement for several years prior to his resignation on 12 th February 2024. In response, the Respondent argued that the Complainant had been absent from work for a significant period (2022) before his resignation and, as a result, had not accrued any entitlement to public holiday pay during that time. Under the Act, the Third Schedule specifies that an employee retains entitlement to public holiday pay for up to 26 weeks of absence or up to 52 weeks if the absence is due to a certified work-related illness. In this case, the Complainant was on certified sick leave until January 27, 2023. Given the applicable cognisable period for the complaint, it was determined that the Complainant had not accrued public holiday entitlements within that timeframe. Consequently, the complaint was deemed not well-founded. This case underscores the importance of understanding the statutory conditions under which public holiday entitlements apply, particularly concerning extended absences from work. Labour Court Rules 'On-Call' Time Doesn't Automatically Qualify as Working Time for Public Holiday Entitlements Full case available here: https://workplacerelations.ie/en/cases/2024/may/dwt2415.html This is an interesting case in that The Labour Court reviewed the appeal of Mater Misericordiae University Hospital regarding an employee, Adrian Stefan, who was on call during public holidays (March 18, 2022, and June 6, 2022). Stefan argued that his "on-call" time should count as "working time" under the Organisation of Working Time Act, making him eligible for public holiday entitlements. The Court considered EU jurisprudence on "on-call" duty, concluding that time spent on-call doesn't automatically qualify as working time unless significant constraints limit personal activities. The Court ruled in favour of the employer, as the employee was not called in on the public holidays. This case highlights that employers should consider whether the employee is restricted from engaging in personal activities during on-call periods, when determining whether on-call work is deemed working time. For any queries in relation to Public Holiday entitlement, don’t hesitate to get in touch with the team at MSS-The HR People. PH: 01 8870690 info@mssthehrpeople.ie

Investing in Leadership: How Executive Candidate Coaching Supports SME Success

By Tara Daly • April 8, 2025
Hiring a senior leader in a small or medium-sized enterprise is a critical decision—one that can shape the future of your organisation. At MSS The HR People. we offer Executive Candidate Coaching to help SMEs set up their executive hires for success, ensuring alignment, impact, and long-term growth. Why Executive Candidate Coaching Matters for SMEs Unlike larger organisations with layers of leadership, every executive in an SME plays a visible, hands-on role. A strong appointment can accelerate innovation and growth; a misstep can be costly. That’s why more SMEs are turning to coaching as part of the hiring process—not just for development, but as a strategic tool for better decision-making. What is Executive Candidate Coaching? Executive Candidate Coaching is a bespoke coaching engagement designed for candidates shortlisted for or newly appointed to senior roles. It helps clarify their leadership approach, understand your company’s culture and goals, and position them for immediate and lasting success. In SMEs, this coaching often focuses on: Aligning personal leadership style with business vision Navigating change and growth with agility Building strong relationships across leaner teams Driving results while staying connected to company values The Business Case for Coaching in Executive Recruitment For SMEs, every hire counts—and so does every euro. Coaching adds value by: Supporting better hiring decisions : Through reflective conversations, candidates gain insight into whether the role and culture are right for them—and vice versa. Reducing costly turnover : Coaching supports a smoother transition and stronger early engagement, lowering the risk of misalignment and early exits. Enhancing employer brand : Offering coaching shows candidates you’re serious about leadership, which can help you attract high-quality talent. Accelerating performance : Candidates start stronger and contribute sooner, which is vital in fast-moving SME environments. When Should Coaching Be Offered? Coaching can be introduced at two key points: During final selection – to support candidates (and employers) in making the right decision. At onboarding – to help the new executive integrate quickly, build key relationships, and gain early wins. A Partnership Approach At MSS The HR People we work closely with both employers and candidates to ensure that Executive Candidate Coaching is practical, personalised, and aligned with your business goals. We understand that in SMEs, leadership isn’t just strategic—it’s personal. Our coaches bring insight, structure, and support to make sure your next executive hire hits the ground running.  If you want to learn more don’t hesitate to get in touch: Ph: 01 8870690 info@mssthehrpeople.ie

Supporting Employees During Ramadan: A Guide for Inclusive Workplaces

By Tara Daly • March 12, 2025
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.

New Minimum Pay and Pension Rates for the Construction Sector

By MSS HR • March 12, 2025
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: 

The EU Commission Guidelines on Prohibited AI Practices

By Tara Daly • March 12, 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.

Upcoming Changes to Equality Legislation: What Employers Need to Know

By Tara Daly • March 11, 2025
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!

A Reminder for St. Patrick’s Day : Public Holiday Pay & Entitlements:

By Tara Daly • March 11, 2025
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.

The Power of Outplacement: Helping Employees Transition While Protecting Your Brand

By Tara Daly • March 11, 2025
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.
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