Upcoming Changes to Equality Legislation: What Employers Need to Know

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

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!

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

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

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.

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.