Checking compliance

As employment law is ever-evolving, employers should pay close attention to any changes or updates that might affect their business, writes The HR Company’s Linda Ward

While Ireland began 2021 in another lockdown, with hair, beauty and spa businesses remaining closed, it is more important than ever for employers to be aware of any changes and updates happening in the area of employment law. There are a number of things you can do to ensure that you and your business remain compliant.

As an employer, it is critical to have your HR documentation drafted in accordance with Irish employment law. Ensuring compliance can protect your business from any potential issues and claims that may occur in the future. Certain HR documentation should be a part of every business’s focal point:

■ Contracts – review the contracts that you currently have in place, to ensure that they are in line with Irish legislation, and that any updates to such legislation has been adequately reflected in your contracts.

■ Handbook/policies and procedures – conduct a review of all company policies and procedures to ensure that they are up to date with the practices of the business, and remain in line with Irish legislation and best practice.

Contracts of employment 

Issue contracts of employment to all employees and update any current contracts. An employer is legally obliged to provide employees with a written statement of employment. As per the Terms of Employment (Information) Acts 1994–2014, an employer must provide employees with this, detailing the terms and conditions of their employment within two months of their start date.

However, since 4 March 2019, and as per the Employment (Miscellaneous Provisions) Act 2018, employers must provide employees with a written statement of the five core terms within five days of their starting date. Therefore, if you do not have the full contract ready for an employee upon their commencement with the business, you can offer a day five statement that outlines the five core terms of the employee’s employment.

As an employer, there are many advantages to having a contract:

■ It outlines the requirements of the position and the conditions the employee is meant to work within.

■ It fulfils your legal obligation as the employer, and also details the legislation through which all employees are protected today.

■ In the event of unsatisfactory performance, the employer can rely on the terms and conditions of employment within the contract, and can fairly and adequately manage employee performance.

■ Employers can include a probationary period within an employee’s contract.

■ If the employer fails to give written details of the terms of employment, the employee is entitled to take a case within the Workplace Relations Commission, which would most likely result in a financial burden for the employer.

Handbook/policies and procedures

It is important to continually review your employee handbook, and ensure it is up to date with current employment legislation and best practice. Employment law is an ever-evolving area. As you may be aware, there have been several updates or amendments to employment legislation in the last year. For example, as of 1 January the national minimum wage has been increased to €10.20 per hour. Furthermore, we have seen the introduction of a new parent’s leave, and also an increase to the parental leave entitlement.

As an employer, you are required to take a consistently active approach and to be attentive to the changes happening in the employment world. Therefore, ensure your employee handbooks are always updated and in compliance with the current legislation. PBHJ