A GUIDE TO EMPLOYMENT LAW

FOR SMEs

-An Employer’s Handbook

May 2016

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 Contents
GUIDE TO EMPLOYMENT LAW ....................................................................................9
INTRODUCTION ......................................................................................................... 9
SECTION 1 - RECRUITMENT & SELECTION ................................................... 10
Discrimination ........................................................................................................... 10
Vicarious Liability ..................................................................................................... 11
Steps in the Recruitment & Selection Process........................................................... 11
Job Specification........................................................................................................ 11
Advertising the Position ............................................................................................ 11
The Application Form ............................................................................................... 12
Screening Candidates/Shortlisting............................................................................. 12
Interviewing ............................................................................................................... 13
Appointment .............................................................................................................. 13
Induction .................................................................................................................... 14
Common Job Interview Questions ............................................................................ 14
Sample Offer of Employment.................................................................................... 17
SECTION 2 - TERMS OF EMPLOYMENT ........................................................... 22
The Terms of Employment (Information) Acts 1994 & 2001 ................................... 22
The Contract of Employment - Summary Points ...................................................... 22
Contracts for a Fixed Term or Specified Purpose Contracts: .................................... 23
Termination of Contract ............................................................................................ 24
Sample Contract of Employment .............................................................................. 27
Fixed Term Workers .................................................................................................. 33
Disputes ..................................................................................................................... 36
Part Time Workers..................................................................................................... 37
Temporary Agency Workers ..................................................................................... 38
The Employment of Children And Young Persons ................................................... 39
Hours of Work ........................................................................................................... 41
Information and Consultation .................................................................................... 44
Optional Terms & Conditions ................................................................................... 48

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SECTION 3 – LEAVE ENTITLEMENTS ............................................................... 65
Annual Leave ............................................................................................................. 65
Timing of Annual Leave............................................................................................ 67
Payment for Annual Leave ........................................................................................ 67
Leave Year ................................................................................................................. 68
Disputes ..................................................................................................................... 68
Sample Annual Leave Form ...................................................................................... 69
Public Holidays.......................................................................................................... 70
Conditions for qualifying for a Public Holiday benefit ............................................. 70
Employees absent from work prior to a public holiday............................................. 71
Disputes ..................................................................................................................... 71
Maternity Leave ......................................................................................................... 72
The Maternity Protection Act 1994 & 2004 .............................................................. 72
Sample Maternity Leave Policy And Form ............................................................... 80
Adoptive Leave.......................................................................................................... 82
Additional Adoptive Leave ....................................................................................... 82
Additional Adoptive Leave (Foreign Adoption) ....................................................... 82
Notification ................................................................................................................ 83
Additional Adoptive Leave ....................................................................................... 83
Return to Work .......................................................................................................... 83
Irish Adoption ............................................................................................................ 83
Foreign Adoption ....................................................................................................... 83
Redress....................................................................................................................... 83
Parental/Force Majeure Leave ................................................................................... 84
Notice......................................................................................................................... 85
Records ...................................................................................................................... 86
Disputes ..................................................................................................................... 86
Redress....................................................................................................................... 86
Sample Document - Parental Leave .......................................................................... 87
Careers’ Leave ........................................................................................................... 89
Notification of Intention to take Carer’s Leave ......................................................... 90

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 Confirmation of Carer’s Leave .................................................................................. 90
Return to Work .......................................................................................................... 91
Records ...................................................................................................................... 91
Protection against Penalisation including Dismissal ................................................. 91
Disputes ..................................................................................................................... 91
Jury Duty ................................................................................................................... 94
Absenteeism............................................................................................................... 94
Casual Absenteeism / Short term............................................................................... 94
Long Term Absenteeism ........................................................................................... 94
Sick Leave ................................................................................................................. 95
Sample Sick Leave Record Form .............................................................................. 98
SECTION 4 – PAYMENT OF WAGES ................................................................... 99
Summary Points ......................................................................................................... 99
Wages ........................................................................................................................ 99
Itemised Pay Statements .......................................................................................... 100
Deductions ............................................................................................................... 100
Non Payment of Wages or Deficiency in Wages .................................................... 101
Frequency of Payment ............................................................................................. 101
Disputes ................................................................................................................... 101
National Minimum Wage ........................................................................................ 102
Minimum Hourly Rates of Pay................................................................................ 102
Determining average hourly rate of pay .................................................................. 102
Working Hours ........................................................................................................ 103
Reckonable and Non-Reckonable Pay .................................................................... 103
Training / Study Criteria .......................................................................................... 105
Records .................................................................................................................... 105
Redress..................................................................................................................... 105
Prescribed Courses Of Study or Training ................................................................ 105
SECTION 5 – DATA PROTECTION..................................................................... 107
Definitions ............................................................................................................... 107
Legal responsibilities of a data controller................................................................ 108

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 Sample Data Protection Policy ................................................................................ 115
Request Procedure ................................................................................................... 116
SECTION 6 – HEALTH & SAFETY ...................................................................... 117
The Safety, Health and Welfare at Work Act 2005 ................................................. 117
General duties of the employer ................................................................................ 117
Safety, Health and Welfare at Work (General Application) Regulations 2007 ...... 125
Workplaces .............................................................................................................. 125
SECTION 7 – EQUALITY AT WORK .................................................................. 131
Pay Related Discrimination ..................................................................................... 132
Work of Equal Value ............................................................................................... 133
Discrimination in Specific Areas ............................................................................. 133
Advertising .............................................................................................................. 134
Harassment in the Workplace .................................................................................. 134
Vicarious Liability ................................................................................................... 135
Equal Status Acts 2000 and 2004 ............................................................................ 135
Harassment And Bullying In The Workplace ......................................................... 136
Definition of Harassment......................................................................................... 136
Definition of Sexual Harassment ............................................................................. 136
Different Forms of Unwanted Conduct Constituting Harassment and Sexual
Harassment .............................................................................................................. 136
Discrimination by the Employer.............................................................................. 136
Bullying in the Workplace ....................................................................................... 137
Definition ................................................................................................................. 137
Examples of some forms of bullying, intimidation, harassment ............................. 138
Examples of Sexual Harassment ............................................................................. 138
Outside the workforce ............................................................................................. 139
Disciplinary Action.................................................................................................. 139
Policy Statements for Harassment & Bullying ........................................................ 139
Defence .................................................................................................................... 140
SAMPLE POLICY ON HARASSMENT AND BULLYING ................................ 141
Definitions: .............................................................................................................. 141
SECTION 8 – DISCIPLINARY & GRIEVANCE PROCEDURE ...................... 146

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 Stage 1 - Verbal Warning ........................................................................................ 146
Stage 2 - Formal Written Warning .......................................................................... 147
Stage 3 - 2nd Formal Written Warning..................................................................... 148
Stage 4 – Suspension or Demotion or Dismissal. .................................................... 149
Gross Misconduct .................................................................................................... 149
SPECIMEN DISCIPLINARY PROCEDURE ........................................................ 151
First Meeting with Employee – Counselling ........................................................... 151
Second Meeting with Employee - Verbal Warning................................................. 151
Third Meeting with Employee - Written Warning .................................................. 151
Fourth Meeting with Employee - Final Written Warning & Suspension ................ 152
Final Meeting ........................................................................................................... 153
GRIEVANCE PROCEDURE ................................................................................. 154
STAGE 1 ................................................................................................................. 154
STAGE 2 ................................................................................................................. 154
STAGE 3 ................................................................................................................. 154
SECTION 9 – TERMINATION OF EMPLOYMENT ......................................... 156
UNFAIR DISMISSAL ............................................................................................ 156
Constructive Dismissal ............................................................................................ 157
Probation/Training/Apprenticeship ......................................................................... 158
Notice to Employees of Procedure for Dismissal .................................................... 158
Dismissal Procedure ................................................................................................ 158
Redundancy ............................................................................................................. 160
Summary Points ....................................................................................................... 160
Selection for Redundancy ........................................................................................ 160
Offers of Employment on the right to Redundancy Payments ................................ 161
Change of Ownership .............................................................................................. 161
Calculating Service .................................................................................................. 162
Calculation of Redundancy Payment ...................................................................... 162
Lay-offs and Short-time........................................................................................... 162
Minimum Period of Notice ...................................................................................... 163
Time off to Look for Work ...................................................................................... 163

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 Collective Redundancy ............................................................................................ 163
Consultation with Employees' Representatives ....................................................... 163
Provision of Information to Employees ................................................................... 163
Redundancy Panel ................................................................................................... 164
Notification to Minister for Labour ......................................................................... 164
SAMPLE REDUNDANCY LETTER..................................................................... 165
Minimum Notice...................................................................................................... 166
The Right to Notice ................................................................................................. 166
Calculating Service .................................................................................................. 166
Continuity of Service ............................................................................................... 167
Rights of the Employee during the period of Notice ............................................... 167
Misconduct .............................................................................................................. 167
Lay off / Short time working ................................................................................... 167
Disputes ................................................................................................................... 167
SECTION 10 – KEY EMPLOYMENT POLICIES .............................................. 168
Bullying & Harassment Policy ................................................................................ 168
Confidentiality Policy .............................................................................................. 174
Internet & Email Policies ........................................................................................ 176
Sample Internet Use Policy ..................................................................................... 180
Internet Rules ........................................................................................................... 180
Sample Mobile Phone Policy .................................................................................. 182
Maternity & Additional Maternity Leave Policy .................................................... 183
Restrictive Practice Policy ....................................................................................... 184
Smoking In The Workplace Policy ......................................................................... 185
Where will the exemptions apply? .......................................................................... 185
Social Media Policy ................................................................................................. 189
Sample CCTV System Policy.................................................................................. 192
SECTION 11 – INDUSTRIAL RELATIONS ........................................................ 197
Workplace Relations Commission (WRC).............................................................. 197
Workplace Relations Reform - the Key Points ....................................................... 197
Sample Induction Policy and Checklist................................................................... 199

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 INDUCTION PROGRAMME FOR NEW STAFF ................................................ 204
ITEMS TO COVER WITH EACH NEW EMPLOYEE......................................... 205
Health and Safety, Security, Fire ............................................................................. 206
Index ............................................................................................................................ 208

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 GUIDE TO EMPLOYMENT LAW

INTRODUCTION

In recent years, a significant amount of new legislation has been introduced as a result of
societal re-evaluation of attitudes towards disability, equality and employment rights. As
Employers, you have an obligation to ensure that you both understand and implement
practices which are reflective of the constant changes within society as a whole. These
changes come in many forms, and are generally accepted as being for the better, allowing
as they do for business and industry to function effectively in a multicultural and
equality-based Irish economy.

This guide will help Employers understand the myriad of legislation that currently exists
and will also assist in the on-going development of practices and procedures designed to
lead to a harmonious work environment. Examples of important documentation, like
Contracts, Terms and Conditions of Employment are included, as well as detailed
guidelines on necessary procedures that should be adopted in order to comply with ever
increasing levels of legislation.

Niamh Heneghan
HR & Member Services Officer
ISME

Revised: May 2016

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 SECTION 1 - RECRUITMENT &
SELECTION
SECTION 1 - RECRUITMENT & SELECTION

The objective behind any recruitment and selection policy is to get the right person for
the job with the appointment of the best candidate qualified for and suitable to the job.
The selection procedure should therefore be based on both the job description and the
objective requirements of the job.

Discrimination
In the case of any selection process companies need to ensure that they do not
discriminate against one candidate over another. The Employment Equality Acts 1998-
2015 (see section 7 on ‘Employment Equality) make it illegal to discriminate on the
following 9 specific grounds,
 Gender
 Civil status
 Race
 Religious belief
 Age
 Disability
 Family status
 Sexual orientation
 Membership of the travelling community.

Discrimination is described as the treatment of a person in a less favourable way than

another person is, has been or would be treated in a comparable situation under any of the
nine grounds.

Discrimination can take a number of forms including,

(a) Direct discrimination

Direct discrimination occurs when an employer treats a person less favourably than
others on the basis of the nine headings outlined above. If an individual is asked
questions at an interview which are related to one of the nine grounds this could be
construed as discrimination.

(b) Indirect discrimination

Indirect discrimination is more common and arises when the same condition or
requirement is applied, for example to both genders, but:
(1) The ability of persons of one gender to comply is proportionately smaller than
the other; and
(2) It is not justified irrespective of gender.

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 For example, setting criteria for selection, which are to the detriment of women or
persons from ethnic minorities because only a small proportion can apply.

Vicarious Liability
Generally employers are held responsible for the actions of their employees and this
includes in the recruitment process. For instance an employer may become liable for
discriminatory actions by employees actively involved in the recruitment and selection
process. It is essential therefore that all staff are properly briefed with regard to all
aspects of the company’s recruitment and selection processes.

Steps in the Recruitment & Selection Process

Job Specification
The starting point in any recruitment and selection process must be the completion of an
accurate job specification analysis, which will allow you to evaluate a job and determine
a number of factors about the role, e.g.

 What are the key tasks that need to be carried out?

 What are the skills and aptitudes required to undertake these tasks?
 When do these tasks need to be done?
 What are the competencies required to effectively undertake the role?

The job analysis is the first step in determining what skills and experience will be
required of the successful candidate for the role, and the outcomes from the job analysis
will form the pillars of the Job and Person specifications used in the recruitment
campaign. These should, in turn, form the basis for selection criteria used to screen
candidates’ initial application forms as well as their subsequent performance at interview.
It is important therefore to ensure that the requirements for the position are legitimate,
and do not discriminate on any of the nine grounds, unless this could be objectively
justified.

When putting together the specification you should ensure that only those specifications
that are absolutely essential in order to do the job adequately are used and never
introduce criteria into a job description that is not necessary and could be deemed to be
discriminatory. For example, if the position on offer requires job applicants to undertake
tests, such as physical lifting, which are not relevant to the work in question, this may be
deemed to be discriminatory against females or individuals with disabilities.

Advertising the Position

If advertising the position externally ensure that your advertisement does not indicate or
could be construed as indicating an intention to discriminate.

Any advertisement should contain the following:

 Employer’s name and contact details

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  A brief description of employer
 The job title
 A brief outline of responsibilities and duties
 The location of work
 The level of experience required
 The required education/qualifications

Best practice suggests that any advertisement should contain a statement to the effect that
“This Organisation is an Equal Opportunities Employer”. However, an organisation
displaying such a logo should ensure that their recruitment practices reflect the statement.
When writing an advertisement due consideration should be given to the Employment
Equality Acts, 1998-2015, and the Equal Status Acts 2000 – 2011.

The Application Form

If a company use application forms in the selection process consideration should be taken
of the following:
(1) Everybody who wishes to apply for the job can get an application form.
(2) That the form does not contain questions that are either discriminatory or could
be construed to be discriminatory.

Where application forms are used, they should contain questions seeking only relevant
information such as:
 General information (name, address, telephone number and e-mail
address)
 Employment record
 Education/qualifications
 Skills and abilities
 Referees
 Job specific criteria (e.g. minimum educational qualification – degree in
finance related discipline)

Due consideration should be given to the type of questions asked to ensure they are not
discriminatory. Questions should never be asked relating to any of the nine grounds
outlined above e.g. regarding marital status, or whether the applicant has children.

Screening Candidates/Shortlisting
This is the stage where it is decided what candidates are going to be called for interview.
However, in order to reduce the risk of discrimination and to identify the best potential
candidates, it should involve a systematic and careful comparison of each candidate’s
information against the pre-defined requirements of the job. A fair system of scoring each
candidate should be established to ensure that discrimination does not become an issue.

Following the completion of the screening process, the most highly ranked candidates
should be called to interview, depending on how many people the organisation has
decided to see. The most unsuitable candidates should be informed that they have been
unsuccessful, and any candidates that fall in the middle may be retained for the moment

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in case it is not possible to recruit from those initially identified as the top candidates.
The reason why a person has not been selected should be recorded and kept with the
applicant details in case of a claim being made at some future date.

Interviewing
After you have short listed candidates for the job the company will most likely set up
interviews in order to garner further information about the candidates and to be of
assistance in the final selection.

To be fair and reliable interviews should have the following:

 Careful preparation. Prior to conducting an interview it is essential that

adequate preparation is made including,
- Understanding the overall role of the job being offered.
- Designing appropriate questions and ensuring that they are not and could
not be construed as discriminatory. (See page 6 for sample interview
questions).
- Outline in advance the appropriate answers to these questions.
- If more than one interviewer, get agreement on how the interview will be
conducted and that all interviewers are familiar with the role. Also assign
question areas to each interviewer.
- be familiar with applications/CVs of interviewees.

 Conducted by more than one person. As interviews can be quite subjective it is

advised that interviews are conducted by more than one individual.

 Training. It is important that whoever is conducting the interview is trained in the

process in order to avoid asking questions that could be deemed to be
discriminatory. It is also good practice that these individuals are trained in order
to help them to collect the required information about interviewees in order to
establish the best candidate. An interviewer that is unsure of the structure of an
interview may not help in establishing details from a candidate that would prove
to be important for the job.

 Evaluation criteria. It is vitally important that a scoring scheme is in place that is

agreed by all interviewers in order to help reach a decision on the best candidate
for the job. It is also important in relation to being able to justify, if requested,
why one candidate succeeded over another.

 Records. The documentation associated the interview, including interview notes

and evaluation criteria, needs to be retained for a minimum of one year.

Appointment
Before making an appointment it may be appropriate to check the references provided by
the successful candidate. Checking of personal and/or professional references should be

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 carried out to verify information attained at the interview. It is important to ensure that
permission is sought prior to any reference being checked. This is not just best practice,
but also a requirement under the Data Protection Acts 1998 and 2003. The recommended
forms of reference check are by telephone or face to face discussion. Written references
can be vague and uninformative. When satisfied with the references it is normal to notify
the successful candidate by letter with the appointment often subject to the completion of
a successful medical examination.

NOTE:
Right to Information
Please note that under the Data Protection Acts 1988 and 2003 an unsuccessful
candidate may request details from their interview, including interview notes. It is
extremely important therefore that you maintain a record of all notes, questions and
evaluation criteria for at least one year. There is no requirement, however, to disclose
confidential information.

Induction
The aim of an induction program to enable staff to be introduced into a new post and
working environment quickly, so that they can contribute effectively as soon as possible.
The induction policy, associated procedures and guidelines aim to set out general steps
for managers and staff to follow during the induction process. It is expected that all
managers and staff will adhere to this policy.

The Company expects that the implementation of good induction practice by

managers/supervisors will:
 Enable new employees to settle into the Company quickly and become productive
and efficient members of staff within a short period of time.
 Ensure that new entrants are highly motivated and that this motivation is
reinforced.
 Assist in reducing staff turnover, lateness, absenteeism and poor performance
generally.
 Assist in developing a management style where the emphasis is on leadership.
 Ensure that employees operate in a safe working environment.
 Will reduce costs associated with repeated recruitment, training and lost
production.

Common Job Interview Questions

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“Tell me about yourself."

"Why do you want to work here?" or "What about our company interests you?"

"Why did you leave your last job?"

"What are your best skills?"

"What is your major weakness?"

"Do you prefer to work by yourself or with others?"

"What are your career goals?" or "What are your future plans?"

"What are your hobbies?" and "Do you play any sports?"

"What salary are you expecting?"

"What have I forgotten to ask?"

Qualifications
 What can you do for us that someone else can't do?
 What qualifications do you have that relate to the position?
 What new skills or capabilities have you developed recently?
 Give me an example from a previous job where you've shown initiative.
 What have been your greatest accomplishments recently?
 What is important to you in a job?
 What motivates you in your work?
 What have you been doing since your last job?
 What qualities do you find important in a co-worker?

Career Goals
 What would you like to be doing five years from now?
 How will you judge yourself successful? How will you achieve success?
 What type of position are you interested in?
 How will this job fit in your career plans?
 What do you expect from this job?
 Do you have a location preference?
 Can you travel?
 What hours can you work?
 When could you start?

Work Experience
 What have you learned from your past jobs?
 What were your biggest responsibilities?

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  What specific skills acquired or used in previous jobs relate to this position?
 How does your previous experience relate to this position?
 What did you like most/least about your last job?
 Whom may we contact for references?

Education
 How do you think your education has prepared you for this position?
 What were your favorite classes/activities at school?
 Why did you choose your major?
 Do you plan to continue your education?

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 Sample Offer of Employment

Date __________

Name __________
Address __________
Address __________

Dear ____________

I am pleased to offer you an appointment to our staff. You are being offered a position in
our ___________ department.

Position/Title
Your Position will be _________________

Your Manager will be_________________

This is a permanent position subject to the satisfactory completion of a probationary

period.

Location
The company premises are at ______, where you shall be presently employed, however
you may be relocated in the future and you will be given notice prior to this occurring.

On your first day of employment with the company, you should report to ___________at
_________ am/pm at the above address.

Commencement Date
Your appointment will commence on the _______________ and will not continue
beyond your 65th Birthday. (or some other agreed year)

Duties
Your duties will include _____________ and any other duties you may be assigned.

Salary
Your salary will be €____________ per annum, and will be paid monthly/weekly/ by
cheque/direct debit etc.

The Company reserves the right to deduct from your pay any sums which you may owe
the Company including without limitation to, any overpayment or loans made to you by
the Company or losses suffered by the Company as a result of your negligence or breach
of Company rules.

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Hours of Work
The Company operates from _________ to _________. Work hours are from _______to
________.

You will be required to work ______ hours per week. You will be rostered on a
________ basis that will specify the days and hours you are required to work. You will
be required to work______ days per week, which may include Saturdays and Sundays.

You are expected to be cooperative in working outside these hours. Your hours of work
may be changed at short notice and you are expected to comply with these changes. You
will be given as much notice as is reasonably possible.

You may be required to work overtime (that is in excess of _________ hours). When this
is necessary you will be given as much prior notice as possible.

Break entitlements are _________ in the morning and ______ for lunch.

Where, due to circumstances outside the control of the Company, there is insufficient
work, the Company reserves the right to place staff on Lay Off or Short Time working.
In such circumstances the Company will give as much notice as is practicable. Selection
for Lay Off or Short Time working will be dependent on operational needs.

Probationary Period
You will be required to satisfactorily complete a six-month probationary period of
employment. During the probationary period, employment may be terminated at the
Company’s absolute discretion. In such case you will be entitled to 1 week’s notice, after
the completion of 13 weeks service.

The Company reserves the right to extend the probationary period, but in any case it will
not be extended beyond 11 months. The company may if it wishes pay salary in lieu of
notice and require that during such notice period you do not carry out any duties or attend
at the work place.

During the probationary period your performance will be evaluated and if successful the
company will confirm the cessation of the probationary period. During the probationary
period the provisions of the disciplinary procedure will not apply.

Conditions Precedent
It is a condition precedent of this offer of employment that the company receives
satisfactory references and evidence of your qualifications. The company will request
references from previous employers. These references must be on file prior to your
commencing employment with the company.

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You are also required to undergo a medical examination with the company’s doctor.
Confirmation of appointment will be dependent on the doctor confirming you are fit for
employment.
To arrange your pre-employment medical, please contact:

Dr.____________ secretary at:

Address___________________
Phone ___________________

Shift Premium
The Company may require you to work shift or unsocial hours - in such case you will be
paid a premium – details may be obtained from your Manager.

Sunday Premium
If you work Sunday you are entitled to a Sunday premium of ___________.

Holiday Entitlements
In addition to the statutory 9 public holidays, your holiday entitlements will be_________
days per annum together with all statutory public holidays. It may be necessary for some
staff to work public holidays. The holiday year runs from _________ to _________ and
your full entitlement must be taken during this period. Only in very exceptional
circumstances will un-taken holidays be carried forward to the next period.

Holidays must be requested and approved in advance. 4 weeks’ notice must be given to
management. No more 2 weeks annual leave may be taken at any one time except in
exceptional circumstances and at the sole discretion of management. The Company will
try to accommodate holiday dates, but the needs of the business may have to take
precedence, particularly where inadequate notice is given.

The Company reserves the right to nominate when holidays may be taken. In such cases
at least one month’s notice will be given.

Public Holidays shall be given in accordance with the Organisation of Working Time
Act, 1997.

On termination of employment, holiday entitlement will be calculated to the nearest full

month worked. If you have already taken holidays in excess of your entitlement, this will
be deducted from your final salary.

Illness
If you are unable to come to work due to illness you must inform your __________, or
the ____________ department within 1 hour of your starting time on the first day, giving
some indication of the reason for absence and the likely date of return. If your absence is
going to exceed two days you should forward a doctor’s certificate to the company on the
third day.

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Certificates should be furnished on a weekly basis thereafter. Absence from work on
Friday and the following Monday also requires a doctor’s certificate.

In the event of persistent absences due to illness, we may require you to be examined by a
doctor appointed on our behalf. In any event, we reserve the right to have you medically
examined at any time during employment for the purposes of establishing your fitness to
work.

Sick Pay
The Company does not operate a sick pay scheme. The company therefore is not obliged
to pay you during any absence on grounds of illness, and in such event you should avail
of the appropriate Department of Social Protection benefits.

Termination
Notice of termination of employment by either you or the company will be
_______(number of weeks) or such further period as may be required by the Minimum
Notice and Terms of Employment Acts, 1973 & 2001. The company may if it so wishes
pay salary in lieu of notice and require that during such notice period you do not carry out
any duties or attend at the work place.

Pensions
Employees who have at least 6 months service in the Company can set up or contribute to
a PRSA through payroll deductions.

The Company has appointed ___________ as PRSA provider.

Confidentiality
All information not in the public domain acquired in course of your duties must be
treated as confidential both during and after termination of your employment. You are
required to sign the company’s standard confidentiality and conflict of interest
documentation. (NOTE this should accompany a contract of employment). See sample
Confidentiality Agreement in Section 10.

Exclusive Service
During your employment you must devote your time, attention and skills exclusively to
the business of the company and you must use your best endeavours to promote the
interests, business and welfare of the company. You will not, during the continuance of
your employment engage in other work or employment for any other party without the
prior written consent of the company. You must avoid outside business relationships, or
business dealings with any of the company’s customers/competitors.

Severability
In the event that any of these terms, conditions or provisions or any part thereof shall be
determined to be invalid and unlawful or unenforceable, such term, condition or
provision or any part thereof should be severed from the remaining terms, conditions and
provisions which shall continue to be valid to the full extent permitted by the law.

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Dismissal Procedure
Where the Company is considering the termination of employment the employee
concerned will be advised of the reasons giving cause to consider this action and afforded
the opportunity to respond to such reasons, before any decision is made.

The employee will be advised prior to the meeting of the purpose of the meeting and, in
the case of disciplinary action, be allowed to have a work colleague/representation with
them if they so wish.

Employees have the right to appeal any decision of dismissal to _______(Manager)

further information is available in the Disciplinary Policy.

Law
Irish Law shall govern this agreement and disputes arising under or about it should be
subject to the exclusive jurisdiction of the Irish Courts.

Terms of Employment (Information) Acts 1994 & 2001

The provisions of this letter and appendices shall constitute notice to you of your terms
and conditions of employment as are required to be given to you pursuant to the terms of
Employment (Information) Acts 1994 & 2001.

I enclose herewith staff handbook, which expands in detail the terms of your employment
and should be read in conjunction with the terms of this letter of offer. You should retain
this copy for future reference and note that it forms a part of the terms and conditions of
your employment.

I will be happy to go into more detail with you on the enclosed terms and conditions of
employment if you wish and if you have any queries, please do not hesitate to contact me.

Please acknowledge acceptance of this offer on the terms stated by signing and returning
the enclosed copy of this letter. This offer of employment will remain open until
______pm on ____________date.

Yours sincerely,

____________ __________________
Manager (on behalf of the Company) Employee

21
 SECTION 2 - TERMS OF
EMPLOYMENT
The Terms of Employment (Information) Acts 1994 & 2001, which have been in effect
since 16th May 1994, require employers to provide employees with a written statement of
certain particulars of the employees terms of employment.

The Contract of Employment - Summary Points

The employer must provide the new employee with the written statement of employment
terms no later than two months after his/her start date and to existing employees within
two months of their requesting it.
The Act in general applies to any person working under a contract of employment,
apprenticeship, employed through an employment agency or in the service of the state.
The Act has no application to any employment where the employee has been in the
continuous service of the employer for less than 1 month.
The statement must include-
1. Full names of the employer and employee.
2. Address of the employer.
3. Place of work or where there is no fixed or main place of work, a statement
specifying that the employee is required or permitted to work at various places.
4. Title of the job or nature of the work for which the employee is employed. A
comprehensive job description should be attached.
5. Date of commencement of employment.
6. In the case of a temporary contract of employment, the expected duration or if the
contract is for a fixed term, the date on which the contract expires.
7. Probation period. (Ideally 6 months outlining employers discretion to extend or to
terminate employment during that period).
8. The rate or method of calculation of the employees remuneration.
9. Any terms relating to hours of work (including overtime).
10. Any terms relating to leave.
11. Pensions/Medical Scheme/Sick pay (only if applicable – if sick pay is not
provided this must be stated in the contract). The relevant details of the
company’s Personal Retirement Savings Account (PRSA) should be included.
12. Notice of termination of the contract of employment.
13. Any collective bargaining agreements.
As an alternative to providing some of the details in the statement the employer may use
the statement to refer employees to certain other documents containing the particulars,
provided the document is accessible to the employee.

22
The Unfair Dismissals Acts 1977-2005 requires an employer to set out the procedures
relating to Dismissal. This must be given in writing to each employee not later than 28
days after entering into a contract of employment. Moreover, the Unfair Dismissals Act
lays the burden on the Employer to provide clear evidence justifying his actions if any
staff member alleges Unfair Dismissal (see section 9 “Termination of Employment”).

Writing a Contract
The introduction of a written agreement or contract for new employees may raise certain
difficulties in some firms, particularly as regards any new terms and conditions of
employment and existing industrial relations practice. In such cases, the Company is
advised to state clearly that agreement on basic terms and conditions and dismissal
procedures is legally necessary, and that the main purpose of the legislation is to increase
the protection of employees themselves. However, the subject covered and the amount of
detail in such agreements or contracts, and even their use at all in certain circumstances,
will depend ultimately on the overall industrial relations climate in the Company.
A practical illustration of such a document containing the prescribed information is given
on Page 6 in this section.
Contracts for a Fixed Term or Specified Purpose Contracts:
 Such contracts must be in writing and must be signed by both the employer and
employee.
 The duration of the contract/specific purpose must be clearly stated.
 A clause, such as the one below, which states that the provision of the Unfair
Dismissal Act shall not apply when the contract expires, must be included in the
written contract.
"As this is a fixed term/specific purpose contract, the provision of the Unfair
Dismissal Act, 1977 - 2005, shall not apply to a dismissal consisting solely of the
expiry of this contract "cessation of the purpose of this contract".
This must be incorporated into a fixed term or specified purpose contract.
 Perpetual renewal of fixed term contracts upon expiry will result in all the successive
contracts as being regarded as one continuous contract and will not be protected by
the above clause.
 A clause excluding the terms of the Unfair Dismissal Act in a permanent employee's
contract has no effect.
NOTE: Employers should note that the use of successive Contracts of
Employment for periods of less than 12 months, in order to avoid the
impact of the Unfair Dismissals Acts, are made ineffective by the Anti-
Abuse provision of the 1993 Unfair Dismissals Act. Where a person is re-
employed within three months of a contract - all service will be deemed
continuous.

23
 You should also note that the perpetual renewal of fixed term contracts
may be in breach of legislation. (See “Fixed Term Employment” page 26
in this section).

Employees required to work outside the state

Where an employee is required to work outside the State for a period of not less than one
month, the employer is obliged to add certain particulars to the written statement and to
provide the statement prior to the employee’s departure.

Particulars may include-

- The period of employment outside the state.
- The currency in which the employee is to be remunerated in respect of that
period.
- Any benefits in cash or kind for the employee attendant on the employment
outside the state.
- The terms and conditions, where appropriate, governing the employee
repatriation.

Changing the Contract

A contract of employment need not be a fixed agreement and may be altered by several
means. Change can be brought about by:

- Legislation
- Agreement between the employer and the individual employee concerned
- Agreement between the employer and staff representatives
- National Agreement.
Any changes in the terms of employment must be notified to the employee, in writing, as
soon as possible and not later than one month after the change has come about.

Records
A contract may be implied or expressed either orally or in writing. It is advisable to
ensure that the contract be expressed in writing, signed and dated. The employer must
keep a copy of the written statement for the duration of an employee’s employment and
for 1 year thereafter.

Termination of Contract
There are a number of circumstances whereby a contract may be terminated.
- Resignation. The employee resigns from the employment and this terminates the
contract.
- Dismissal. A contract of employment is terminated either by the employer
dismissing the employee for disciplinary or other reasons including gross
misconduct, or the employee leaves the company referring to the work
environment they have to work in, claiming they have no option but to resign. The
latter is referred to as constructive dismissal.
- End of fixed term/specified contract.
- End of overseas assignment.

24
The Formation of Contracts
In all contracts, not just employment contracts, there are always terms. These terms may
be expressed or implied.

Expressed terms are those which are agreed between the employer and employee either
written or orally such as wages, holidays, hours of work, etc.
Implied terms are the terms, which are usually not expressly agreed between parties.
These are terms implied by Common Law, Collective Bargaining Agreements or by
Statute.

Common law duties of the employee

Employees have been held to have the following implied duties to their employer
a. To give personal service. In other words, employees have a duty to be ready and
willing to carry out lawful duties in which they have been contracted to do during
their agreed time. Under no circumstances can an employee tell another employee to
perform their duties without the consent of their employer. An employer cannot
direct an employee to carry out any duties which is unlawful.
b. To obey lawful and reasonable orders. The employee must carry out orders as
long as they are reasonable and in line with what they are contracted to do. However
such orders must not place the employee in personal danger.
c. To act with reasonable care and skill. Employees must perform their duties with
care and carry out their duties with the skills they claim to have, diligently and
efficiently.
d. To be loyal to their employer’s business. Employees must act honestly and uphold
the interest of their employer’s business and property, they must not accept bribery or
make secret profits and disclose any activities made using the facilities of their
employer.
e. Maintain secrecy. Employees must not disclose confidential material obtained
through the course of their work or as a result of their employment. Neither must
they exploit their employer’s trade secrets or customer contacts. However,
information may be disclosed if it is in the public interest to do so, or if it is
information disclosed to someone who has a proper interest to receive it.
f. Indemnity. To compensate their employer. Employees may be liable to repay their
employer for any loss/damage occurred as a result of a wrongful act. Should this
occur the employer must ensure there is evidence of manipulation or wilful
misconduct on the employee’s part.

Common Law Duties of the Employer

In the absence of any specific provisions in the contract of employment, the employer
will then have the following implied obligations to an employee.

25
a. To provide work – Generally there is no duty towards the employer to provide
work for the employee as long as the employer continues to pay the agreed wages.
Exceptions to this are as follows
1. Where payment is by commission or on a piecework basis the employer must
give the employee a reasonable opportunity to earn it.
2. In the case of a highly skilled worker who needs to be allowed to maintain and
develop his/her skills and whose reputation depends on his/her being active in
his /her work.
b. To pay wages or remuneration.

26
 Sample Contract of Employment
This is a Contract of Employment between:

(Employee Name)
(Employee Address)

and

(Employer Name)
(Employer Address)
(herein after referred to as “the Company”)

Position
You will be employed as…………… . You will be required to be flexible in this role and
undertake any such duties assigned to you by the company. Such duties may fall outside the
remit of your normal working duties.

Commencement Date
Your employment with the Company shall commence on ………….

Remuneration
Your remuneration will be €…….. gross per annum. Payment will be made by BACS (direct
transfer into your named bank account, and made monthly in arrears. The management reserve
the right to deduct at source any overpayment of salary or monies owed in consultation with you.
(Details of any commission and / or bonus payment mechanisms should be included here).

Any additional lump sum payments made by the company over the course of your employment
will be subject to further terms and conditions. Should these terms and conditions fail to be met,
the company reserve the right to recoup a percentage or the total amount.

Line Manager
You will be reporting to...................or any such individual as is expressly communicated to you
during the course of your employment.

Hours of work
Your normal hours of work will be from ............. a.m. to .............., Monday to Friday. (If shift
work is appropriate include full details here).

Some degree of flexibility may be required and you will be expected to work appropriate hours in
order to carry out your responsibilities. However, it is the policy of the Company that as far as
possible, extensive working hours above the norm will not occur in accordance with the European
Working Time Directive.

Rest breaks will be granted in line with the Organisation of Working Time Act 1997 and will be
as follows…………….

27
Place of Work

You will be required to work in ………….. Some degree of flexibility may be required as you
may be required to work in a variety of locations as and when work demands.

Probation

There will be a probationary period of .........months.

The management reserve the right to extend the period of probation if necessary. However, on
satisfactory completion of this period your employment will be confirmed. Notwithstanding the
company’s right to extend your probation, your probationary period will not be in excess of one
year.

The normal disciplinary process will not apply during the probationary period.

Should either party wish to terminate the employment during this period, the notice period given
will be in accordance with current employment legislation.

Service Notice
13 weeks -2 Years 1 week
2 - 5 years 2 weeks
5 -10 years 4 weeks
10 -15 years 6 weeks
over 15 years 8 weeks

Holiday Entitlement
The company’s holiday year runs from ……………to...................... Your paid holidays will be
……… working days per year. (Restrictions on when annual leave cannot be taken or the amount
of leave to be taken at one time should be mentioned here).

Under no circumstances may any holidays be carried forward into the next holiday year without
prior arrangement.

Any employee absent from the workplace by reason of certified sick leave will continue to accrue
and retain annual leave entitlement. Should the employee be unable to take annual leave during
the relevant leave year, an annual leave carryover period of 15 months after the leave year will
apply. Should the employment be terminated during this time payment in lieu of untaken annual
leave will be provided. After this 15 month carryover period, all unused annual leave will be lost.

When a termination of this contract occurs and the paid holidays already taken exceed the paid
holiday entitlement on the date of termination, the company will deduct the excess holiday pay
from the final pay amount.

Notice of Holidays
You must give not less than _____ weeks advance notification of those dates and periods on
which holidays will be taken.

28
All holidays must be agreed with your manager prior to holiday arrangements being confirmed.
The company will bear no responsibility for any financial loss resulting from bookings made
without prior agreement with your manager.

Public Holidays
Your entitlement to public holidays is as follows:
 Christmas Day
 May Day
 St Stephen’s Day
 June Bank Holiday
 New Year’s Day
 August Bank Holiday
 St Patrick’s Day
 October Bank Holiday
 Easter Monday

During a period of certified sickness absence, public holiday benefit will normally be accrued for
the first 26 weeks of absence only.

Absence
If, for any reason other than exceptional circumstances, you are absent from the Company’s
employment or unable to carry out the full duties of your employment, you must contact the
company within 30 minutes of your normal start time on the first day of such absence. Failure to
do so will result in your absence being classed as unauthorised.

An original certificate from a qualified Medical Practitioner must be submitted to (named

manager) on the third day of continuous absence and on a weekly basis thereafter. Copies will
not be accepted.

The Company reserves the right to have you examined by its own Medical Practitioner.

Any employee who is absent through unauthorised or uncertified absence will be requested to
attend a disciplinary investigation meeting and could face sanctions up to and including dismissal.

The company does not pay employees who are absent due to illness. Accordingly, you may need
to submit a claim to the Department of Social Protection, after 6 days of illness.

Please refer to the company absence policy for information on unacceptable levels of absence.
(If no absence policy exists please include reference to number of days/occasions that may
warrant disciplinary action here).

Pension Scheme
The company operates an Occupational Pension Scheme / a Personal Retirement Savings
Account (Number.................................) (Delete whichever does not apply).

Employee’s who wish to make contributions to a PRSA, should contact........................ who will
advise you of the company’s PRSA operator.

Retirement Age

The retirement age for employees is 65 years. Employees will be contacted 6 months prior to
their reaching the retirement age to discuss issues around your retirement from the company.

29
Reduced Working Hours

The employer reserves the right to reduce your working hours, where through circumstances
beyond its control it is unable to maintain you in full-time or your regular hours of employment.
You will receive as much notice as possible prior to such lay off or short time period
commencing and you will be paid only in respect of hours actually worked during that period.

Grievance & Disciplinary Procedure

In the interests of fairness and justice and to ensure the proper conduct of business, certain
provisions to deal with matters of grievance and discipline are necessary, as follows.

Grievance Procedure

If you have any grievance, which you consider to be genuine in respect of any aspect of your
employment, you have a right to a hearing by your immediate superior or the Personnel Manager
as the circumstances warrant. If you are unhappy with the outcome of the hearing you may appeal
to the Chief Executive. A fellow work colleague may accompany you to this appeal hearing.

In the event of the matter not being resolved internally the matter shall be referred through normal
industrial relations procedure.

The procedure referred to above shall include reference to the Workplace Relations Commission.

Disciplinary Procedure

The company reserves the right to take disciplinary action on the grounds of a breach of a
contractual or established work rule, poor performance/capability, misconduct, gross misconduct
or absence. Disciplinary action can result in the issuing of an informal or formal warning,
suspension with or without pay, transfers to other duties and loss of privileges. Ultimately,
persistent breaches or inadequate work performance can lead, following warnings to dismissal.
The following stages of a disciplinary will normally apply:

Stage 1: Informal Warning

Stage 2: Verbal Warning
Stage 3: First Written Warning
Stage 4: Final Written Warning
Stage 5: Dismissal

The Company reserves the right to invoke the disciplinary procedure at any level taking into
account the severity of the infringement. Certain grave breaches can lead following
considerations of all the circumstances by the company to summary dismissal or suspension
pending investigation. In all dismissal cases, full investigation will be carried out, and you will
have the right to put your case and be accompanied by another staff member or appropriate
representative, and the right to appeal against a decision to a more senior management.

In the event of your dismissal being confirmed and should you wish to challenge the dismissal
then in accordance with normal procedures, the matter shall be referred to the Workplace
Relations Commission.

30
Please refer to your Company Staff Handbook for further information on this and other policies
and procedures relevant to your employment.

Notice
In the event that either the company or you wish to terminate this contract, notice to be given
shall be in accordance with the current employment legislation.
Service Notice
13 weeks -2 Years 1 week
2 - 5 years 2 weeks
5 -10 years 4 weeks
10 -15 years 6 weeks
over 15 years 8 weeks

Notice must be provided in writing and submitted to _________ (Named Manager).

Nothing in this agreement shall prevent the giving of a lesser period of notice by either party
where it is mutually agreed.

In the event of your contract being terminated on the grounds of gross misconduct you will not be
entitled to any notice.

Restrictions

During the period of this contract, you will devote the whole of your time and attention to the
business of the Company and you undertake that during the period of this contract you will not
engage in any other activity which is likely to prejudice your ability to serve the company, nor
will you engage in any business activity which may cause a conflict of interest with the business
of the company.

You will not at any time either during the period of this contract or after its termination make use
of or communicate, any of the trade secrets or confidential information of the Company which
you may have obtained whilst in the service of the Company.

Any discovery, invention or process made or discovered by you whilst in the employment of the
Company and relating to the business of the Company will remain the property of the Company
and must be disclosed to the Company, and you undertake to join with the Company at any time
in applying for letters, patent or other appropriate licence for such discovery, invention or
process.

Staff Handbook (if issued)

If you have been issued with a staff handbook, your attention is drawn to the policies contained
therein, which together with this contract form the terms and conditions of your employment.

Changes to this Contract

Changes in the terms and conditions of this contract will be notified to you, following
consultation and agreement, before the date of proposed change.

31
I accept and agree to all of the above Terms & Conditions of my employment:

Signed:___________________________________________
Employee

Date: ___________________________________________

Signed:___________________________________________
For and behalf of the Company

Date: ___________________________________________

32
 Fixed Term Workers
The Protection of Employees (Fixed Term Workers) Act 2003 came into operation in
July 2003. The purpose of the Act is:

(1) to provide for the improvement of the quality of fixed-term work by ensuring the
application of the principle of non-discrimination (i.e. fixed-term workers may not
be treated less favourably than comparable permanent workers) and

(2) provide for the removal of discrimination against fixed-term workers where such
exists and the establishment of a framework to prevent abuse arising from the use
of successive fixed-term employment contracts.

Who is covered by the Act?

In general, the Act applies to any Fixed-Term Employee
 working under a contract of employment
 holding office under, or in the service of, the State including members of the
Garda Siochana, civil servants and employees of any health board, harbour
authority, local authority or vocational education committee.

The Act does not apply to agency workers placed by a temporary work agency at the
disposition of a user enterprise; apprentices; a member of the Defence Forces; a trainee
Garda or a trainee nurse. However, the Act applies to agency workers employed directly
by an employment agency.

Definition of a ‘fixed term’ worker

The term fixed-term employee means a person who has entered into a contract of
employment with an employer where the end of the contract is determined by an
objective condition such as

 Reaching a specific date, or

 completing a specific task or
 The occurrence of a specific event.

The term “fixed-term employee” does not include employees in initial vocational training
or in apprenticeship schemes nor employees with a contract of employment concluded
within the framework of a publicly-supported training, integration or vocational
retraining programme.

Permanent Employee
A permanent employee means an employee who is not a fixed-term employee.

Comparable Permanent Employee

An employee is a comparable permanent employee in relation to a fixed-term employee
if:

33
 (a) the permanent employee and the fixed-term employee are employed by the same
or associated employer and one of the conditions referred to in (i), (ii) or (iii)
below is met,
(b) where (a) above does not apply (including a case where the fixed-term employee
is the sole employee of the employer) the permanent employee is specified in a
collective agreement, being an agreement that for the time being has effect in
relation to the relevant fixed-term employee, to be a comparable employee in
relation to the fixed-term employee, or
(c) where neither (a) nor (b) above apply, the employee is employed in the same
industry or sector of employment as the fixed-term employee and one of the
conditions referred to in (i), (ii) or (iii) below is met.

The following are the conditions (i), (ii) and (iii) referred to above –
(i) both employees perform the same work under the same or similar conditions
or each is interchangeable with the other in relation to the work,
(ii) the work performed by one of the employees concerned is of the same or a
similar nature to that performed by the other and any differences between the
work performed or the conditions under which it is performed by each, either
are of small importance in relation to the work as a whole or occur with such
irregularity as not to be significant, and
(iii) the work performed by the relevant fixed-term employee is equal or greater in
value to the work performed by the other employee concerned, having regard
to such matters as skill, physical or mental requirements, responsibility and
working conditions.

The comparable permanent employee can be either of the opposite sex to the fixed-term
employee concerned or of the same sex as him or her.

Conditions of Employment
The Act provides that a fixed term employee shall not be treated less favourably in
respect of his/her conditions of employment than a comparable permanent employee
(except in specific circumstances, see ‘exceptions’ below).

For example,
(a) Overtime payment. If a comparable permanent employee is paid overtime, then a
fixed term employee, who compares himself/herself with that comparable
permanent employee, is also entitled to overtime payment at the same rate as the
comparable permanent employee.
(b) Holiday entitlements. The holiday entitlement of a fixed term employee is related
to the holiday entitlements of a comparable permanent employee, subject to the
minimum legal entitlements under the Organisation of Working Time Act 1997.

Exceptions
A fixed term employee can be treated less favourably than a comparable permanent
employee in the following circumstances:
(a) Objective Grounds. The Act provides that a fixed term employee may be
treated in a less favourable manner than a comparable employee where such

34
 treatment can be justified on objective grounds i.e. it is based on considerations
other than the status of the employee as a fixed term employee. For instance, if
the terms of the fixed term employee’s contract of employment, taken as a whole,
are at least as favourable as the terms of the comparable permanent employee’s
contract of employment.

(b) Pensions. The right not to be treated in a less favourable manner than a
comparable permanent employee shall not apply, in relation to any pension
scheme or arrangement, to a fixed-term employee who normally works less than
20 per cent of the normal hours of the comparable employee.

Objective Conditions Determining a Fixed-Term Contract

The Act provides that a fixed-term employee shall be informed in writing by his or her
employer as soon as practicable of the objective condition determining the contract i.e.
whether it is
(i) Reaching a specific date,
(ii) Completing a specific task, or
(iii) The occurrence of a specific event.

Objective Grounds Justifying a Renewal and Failure to Offer a Contract of

Indefinite Duration
The Act provides that where an employer proposes to renew a fixed-term contract the
employee shall be informed in writing, not later than the date of renewal, of the objective
grounds justifying the renewal of the fixed-term contract and the failure to offer a
contract of indefinite duration i.e. a permanent contract.

Note: An employer cannot employ an employee on a series of fixed-term contracts

indefinitely

Perpetual renewal of contracts

Where an employee is employed by his or her employer or associated employer on 2 or
more continuous fixed-term contracts, the aggregate duration of those contracts may not
exceed 4 years.

Where a term of an employment contract purports to limit the term of the employment
contract of either category of employee mentioned above, in contravention of the above
rules, that term shall be void and of no effect and the contract concerned shall be deemed
to be one of indefinite duration – i.e. a permanent contract.

The above-mentioned rules do not apply where there are objective grounds justifying the
renewal of a contract of employment for a fixed term only.

Permanent vacancies and training opportunities

In order for a fixed-term employee to have the same opportunity as other employees to
secure a permanent position, an employer shall inform him or her in relation to relevant
vacancies which occur in the undertaking. This information may be provided by means of
a general announcement at a suitable place in the employee’s place of employment.

35
However, as regards access by a fixed-term employee to appropriate training
opportunities, the Act provides that such access shall be provided by an employer as far
as practicable.

Disputes
A dispute in relation to an entitlement under the Act may be referred to the Workplace
Relations Commission for adjudication. A decision of the Workplace Relations
Commission can be appealed to the Labour Court.

36
 Part Time Workers
Under the Protection of Employees (Part Time Work) Act 2001 part-time workers are
entitled not to be treated any less favourably for the purposes of legal protection and
conditions of employment as ‘Comparable Full Time Employees’.

A part-time worker is classified as someone whose normal hours of work are less than the
normal hours of work of a comparable employee in relation to him/her.

A comparable full-time employee is defined as an employee to whom a part-time

employee compares himself/herself where the following conditions are met:

 An employee employed by the same or associated employer

 An employee who is carrying out the same or similar work under the same or similar
conditions or they are interchangeable.
 The work performed by the part time employee is of equal or greater value to that
performed by the other employee

A part time employee may be treated less favourably on two grounds:

1. Where there are objective reasons for the different treatment and the reason does not
relate to the personal status of the part time employee.
2. The act does not extend to pensions where the hours worked by the part time
employee are less than 20% of the comparable employee’s hours.

Employers are not obliged to employ part time staff nor change a person’s contract from
full-time to part-time. However, where the employer has exercised that discretion in the
past then they will be expected to act reasonably when considering any subsequent
requests of a similar nature.
Under changes that were introduced by the Protection of Employees (Temporary/Agency
Work) Act 2012, all temporary/agency workers must have equal treatment as if they had
been directly recruited by the hirer in respect of the duration of working time, rest
periods, night work, annual leave and public holiday and pay.
The right to equal pay is backdated to December 2011.
Disputes
Naturally an employer may not penalise an employee for exercising their rights under this
Act. Where an employee has a grievance they may refer the case to the Workplace
Relations Commission within 6 months of alleged date of the offence (12 months in
exceptional circumstances). Where they find a case has been proven the Workplace
Relations Commission may make an award of up to two years wages to the complainant.
An appeal of a Workplace Relations Commission decision may be made within 42 days
of a recommendation being made.

37
 Temporary Agency Workers
The Protection of Employees (Temporary Agency Workers) Act 2012 provides that all
temporary agency workers must have equal treatment as if they had been directly
recruited by the hirer in respect to the following:
 Duration of working time
 Breaks
 Night work
 Annual Leave
 Public Holidays
 Pay*

*Note: The right to equal pay has been back-dated to December 5th, 2011

In this respect, such employees are entitled not to be treated any less favourably for the
purposes of legal protection and conditions of employment as ‘Comparable Part Time
Employees’.

A part-time worker is classified as someone whose normal hours of work are less than the
normal hours of work of a comparable employee in relation to him/her.

A comparable full-time employee is defined as an employee to whom a part-time

employee compares himself/herself where the following conditions are met:

 An employee employed by the same or associated employer

 An employee who is carrying out the same or similar work under the same or similar
conditions or they are interchangeable.
 The work performed by the part time employee is of equal or greater value to that
performed by the other employee

Disputes
Naturally an employer may not penalise an employee for exercising their rights under this
Act. Where an employee has a grievance they may refer the case to the Workplace
Relations Commission within 6 months of alleged date of the offence (12 months in
exceptional circumstances). Where they find a case has been proven the Workplace
Relations Commission may make an award of up to two years wages to the complainant.

An appeal of a Workplace Relations Commission decision may be made within 42 days

of a recommendation being made.

38
 The Employment of Children And Young Persons
The Protection of Young Persons (Employment) Act, 1996, governs the employment of
children and young persons. The Act provides for a minimum age of entry into
employment; limits working hours; stipulates rest intervals and prohibits night work.

Summary Points
 A 'young person' is a person aged 16 years but less than 18 years, and a 'child' is a
person under 16 years of age or the school leaving age, whichever is higher.
 It is prohibited to employ a person under school-leaving age. However, a child over
14 years may be employed to do a limited amount of light, non-industrial work during
school holidays. Such work must not be harmful to their safety, health or
development.
 The employer must obtain the written permission of parents/guardians before
employing a child aged 14 - 16 years, in addition to obtaining the child's birth
certificate.
 Prior to the employment of a young person aged 16 or 17 the employer must obtain a
birth certificate.
 Employers must be careful that where a young person holds more than one job, the
total number of hours from the combined employment must not exceed the maximum
set out by law. Where the maximum hours are exceeded the employee, parents and
employer may be guilty of an offence.

Employment of Children during School-term

 The employment of children under 15 years of age is not permitted during school-
term.
 A 15 year old child can be employed for a maximum of 8 hours per week.
 Children aged 15 may be employed as part of an approved training programme (e.g.
FAS) and an employer may employ a 14 or 15 year old who is a full-time second
level student as part of a work experience or educational programme. The maximum
working week is 40 hours a week, with an 8 hour working day.

Employment of Children during School Summer Holidays

 Outside school term 14 & 15 year olds are allowed work for a maximum of 35
hours per week and no more than 7 hours per day.
 16-17 year olds are allowed work a maximum of 40 hours per week and no more
than 8 hours per day.
 During school summer holidays, under 16s must have at least 21 continuous days
free from work.
 Time off and rest breaks

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 - Under 16s
Maximum working day - 7 hours per day
Maximum working week - 35 hours per week
Half hour rest break after - 4 hours work
Daily rest break - 14 consecutive hours off
Weekly rest break - 2 days off, as far as practicable to be
consecutive
- 16 – 17 year olds
Maximum working day - 8 hrs
Maximum working week - 40hrs
Half hour rest break after - 4½hrs work
Daily rest break - 12 consecutive off
Weekly rest break - 2 days off, as far as practicable to be
consecutive
Early Morning & Night Work
 It is prohibited to employ under 16s before 8am and after 8pm with or without school
the next day (note – 14 and 15 year olds are not allowed work during school term).
 It is prohibited to employ 16 and 17 year olds before 6am and after 10pm.
During the school holidays and where there is no school the next day, children age
16yrs and 17yrs may work up to 11pm at night ONLY with the approval of the
Minister for Enterprise, Trade & Employment. Where the child is allowed to work up
to 11pm the morning ban on work then moves forward to 7am.

Records
Employers must keep specified records for their workers who are under 18 years of age,
with the following details - full name, date of birth, starting and finishing times for work,
wage rate and total wages paid to each employee. These records must be kept for at least
the years in the place of employment.

Employers Duties
 Employers must see a copy of the birth certificate or other evidence of age, and
receive written permission of a parent or guardian.

 Official summary of the protection of Young Person Act should be given to

employees under the age of 18 years, together with other details of their terms of
employment within one month of taking up the position.

 The official summary of the act must be displayed at the workplace where it can be
easily read.

40
 Hours of Work
The Organisation of Working Time Act 1997 sets out statutory rights for employees in
respect of rest and maximum working time. These rights apply either by law as set out in
the Act, in Regulations made under the Act or through legally binding collective
agreements. These agreements may vary the times at which rest is taken or vary the
averaging period over which weekly working time is calculated.

The restrictions on hours of work and rest breaks do not apply to:
 Members of the Defence Forces, the Garda Siochana, junior hospital doctors,
workers at sea,
 Those who control their own working hours or
 Persons employed by a close relative in a private dwelling house or farm in or on
which both reside, are not covered by the rest and maximum working time rules.

Maximum Weekly Working Time

The maximum average working week is 48 hours. Averaging may be balanced out over a 4,
6 or 12 month period depending on the circumstances.

The 48 hour net maximum working week can be averaged according to the following rules:
 For employees generally - 4 months
 For employees where work is subject to seasonality, a foreseeable surge in activity,
or
 Where employees are directly involved in ensuring continuity of service or
production - 6 months
 For employees who enter into a collective agreement with their employers which is
approved by the Labour Court – up to 12 months.
 In the case of young people under 18, hours of work are fixed by the Protection of
Young Persons (Employment) Act 1996.

Note: Working time is net working time i.e. exclusive of breaks, on call or stand-by time.
(Time working when on call/standby is counted).

Working time is defined in the Act as time when the employee is at his or her place of
work or at the disposal of the employer and carrying out the duties or activities of
his/her employment.

Rest Periods
Every employee has a general entitlement to:
 Daily Rest Period - 11 consecutive hours daily rest per 24 hour period.
 Weekly Rest Period - One period of 24 hours rest per week preceded by a daily rest
period (11 consecutive hours).

Rest breaks
 15 minutes where 4 and a half hours have been worked.

41
  30 minutes where 6 hours have been worked, which may include the first break.
 Shop employees who work more than 6 hours and whose hours of work include the
hours 11.30am - 2.30pm must be allowed a break of one hour which must
commence between the hours 11.30am - 2.30pm.

Note: These rest periods and rest intervals may be varied if there is a collective agreement
in place approved by the Labour Court or if a regulation has been made for a particular
sector. If there are variations in rest periods and rest intervals under agreements or in the
permitted sectors, equivalent compensatory rest must be available to the employee.

Night Workers
Night time is the period between midnight and 7 am the following day. Night workers are
employees who normally work at least 3 hours of their daily working time during night
time and the annual number of hours worked at night equals or exceeds 50% of annual
working time.

The maximum night time work for nightworkers is generally,

 48 hours per week averaged over 2 months or a longer period specified in a
collective agreement that must be approved by the Labour Court.
 For nightworkers whose work involves special hazards or heavy physical or mental
strain - an absolute limit of 8 hours in a 24 hour period during which they perform
night work.

Exceptional or Unforeseeable Circumstances

The Act permits exemption from the rest provisions if there are exceptional, unusual and
unforeseeable circumstances. Equivalent compensatory rest must be taken within a
reasonable period of time.

Shift and Split Shift Working

The Act provides for automatic exemption from the daily and weekly rest period provisions
for shift workers when they change shift and for workers on split shifts. Equivalent
compensatory rest must be taken within a reasonable period of time.

Exemption by Regulation
Certain categories may be exempted from the rest provisions by regulation including:

 Categories of employees in the sectors set out in the Organisation of Working Time
(General Exemptions) Regulations, 1998 (S.I. No. 21of 1998) may, subject to
receiving equivalent compensatory rest, be exempted from the rest provisions of the
Act. Certain regulations (i.e. S.I. No. 20 of 1998 Exemption of Transport Activities,
and S.I. No. 52 of 1998 Exemption of Civil Protection Services) provide
exemptions from the rest and maximum working week provisions of the Act
without a requirement for equivalent compensatory rest.

 Exemption by Collective Agreement - Any sector or business may be exempted

from the statutory rest times by a collective agreement approved by the Labour
Court, subject to equivalent compensatory rest being made available to the

42
 employee. Collective agreements to vary the rest times may be drawn up between
management and a trade union or other representative staff body in any business,
organisation or enterprise.

These exemptions are subject to equivalent compensatory rest being made available to the
employee. This means that, although employers may operate a flexible system of working,
employees must not lose out on rest. In these circumstances rest may be postponed
temporarily and taken within a reasonable period of time.

Disputes
Employees can make a complaint under the legislation to the Workplace Relations
Commission who may do one of the following:
 Declare that the complaint was or was not well founded.
 Require the employer to comply with the relevant provision.
 Require the employer to pay the employee compensation an amount as is just and
equitable having regard to all the circumstances, but not exceeding 2 years
remuneration.

Complaints need to be made within 6 months of the contravention to which the complaint
relates. This may be extended to 12 months if the Adjudicator is satisfied that the failure to
present the complaint was due to reasonable cause. A party may appeal a decision from the
Workplace Relations Commission to the Labour Court not later than 42 days after the date
upon which it was communicated to the party.

Irregular Hours (Contract of)

There are circumstances where, due to the nature of the business or the ongoing
availability of work, standard contracts of employment are not appropriate. In these
cases, a more flexible contract of irregular hours may provide a solution agreeable to both
employers and employees. While the majority of clauses are standard and can be seen in
other types of employment contracts, there are two major differences:

 Remuneration

Employees working under the terms of a flexible contract of irregular hours, will
usually be paid weekly, based on an agreed hourly, calculated as follows:

Actual hours worked

Or
As compensation amounting to 25% of what might otherwise have been paid or the
equivalent of 15 hours work (whichever is the lesser amount).

 Hours of Work

The written terms of employment for a flexible contract of irregular hours, are
required to include the number of hours an employee can reasonably expect to work
on a weekly basis. However, this does not mean that the employee will necessarily
work those hours, as that will depend on availability of work. The stated (agreed)

43
 weekly hours are used to calculate the compensation an employee will receive if no
hours are actually worked (see above).

Information and Consultation

The regulations under the Employees (Provision of Information and Consultation) Act
2006 provides for the establishment of a general framework setting out minimum
requirements for the right to information and consultation of employees in undertakings
with at least 50 employees.

Key Dates
The Employees (Provision of Information and Consultation) Act 2006 will apply to:

 Undertakings with at least 150 employees from 4 September 2006.

 Undertakings with at least 100 employees from 23 March 2007.
 Undertakings with at least 50 employees from 23 March 2008.

The number of employees in the undertaking should be the average number of employees
employed in the undertaking during the 2 years before the date of enforcement.

Until recently, employers in Ireland were only obliged to consult with employees in very
limited circumstances, such as collective redundancies and transfer of undertakings.
Those obligations will remain intact, however the provisions of the Employees (Provision
of Information and Consultation) Act 2006, will provide employees in undertakings of at
least 50 employees with the right to information and consultation in the workplace on a
greater number of issues.

Right to Information and Consultation

At present there are three options available to employers in complying with the Act.

(1) Employers have the option under the Act of putting in place pre-existing agreements
 On or before 4 September 2006 (companies with >150 employees),
 On or before 23 March 2007 (companies with >100 employees) and
 On or before 23 March 2008 (companies >50 employees).
These agreements can be tailor-made to suit the culture and circumstances of the
company.

(2) Alternatively, the Act gives employees the right to request that an employer sets up an
information and consultation procedure; once 10 per cent of employees (subject to a
minimum of 15 and a maximum of 100) make such a request, an employer must enter
into negotiations to agree a procedure with employees.

(3) A third option is provided in the ‘Standard Rules’ of the Act, which involve the
setting up of an Information and Consultation Forum. This Forum comprises elected
employee representatives.

44
What Information?
The Act obliges employers to provide information and consultation on issues such as the
following:

 Recent and probable development of the employer’s activities and economic

situation, e.g. restructuring, expansion etc.

 Decisions likely to lead to substantial changes in work organisation or in

contractual relations.

 Situation, structure and probable development of employment and any

anticipatory measures envisaged e.g. redundancies.

Information must be given at such time, in such fashion and with such content as are
appropriate to enable, in particular, employees’ representatives to conduct an adequate
study and, where necessary, prepare for consultation.

Note: There is no automatic right to information and consultation. The process must be
triggered by the employees. As outlined above a request must be made by 10 per cent of
the employees, subject to a minimum of 15 and a maximum of 100 (the “Employee
Threshold”).

A request for information and consultation can also be made to the Labour Court, which
will then notify the employer, request relevant information from the parties and issue a
notification confirming whether or not the request meets the Employee Threshold.

Pre-existing Agreements
When organisations decide to put an arrangement in place prior to the relevant date of
effect of the legislation, labelled a pre-existing agreement under the Act, they must
ensure it meets minimum requirements to comply. The 2006 Act allows that where a pre-
existing agreement is in place prior to the introduction of the legislation, then that
agreement may remain in place, once it complies with the provisions of the Act. The
requirements for a pre-existing agreement to comply with the legislation are as follows:

The agreement,
 Must be in writing.
 It should be dated and signed by the employer and approved by employees.
 It must be applicable to all employees to whom the agreement relates, and
 It should be available for inspection by those it affects.

Employee approval will be obtained where:

 A majority of the employees who cast a preference are in favour of the terms of
the Agreement.
 A majority of employee representatives approve the Agreement in writing.

45
  Any other procedure agreed to by the parties.
 A Negotiated Agreement may be renewed by the parties within 6 months of its
expiration.

The employer must ensure that this procedure is confidential and capable of independent
verification and of being used by all employees.

A pre-existing agreement must include the following:

 The duration of the agreement and the procedure, if any, for its review
 The subjects for information and consultation
 The method by which information is to be provided, including as to whether it is
to be provided directly to employees or through one or more employees’
representatives and
 The method by which consultation is to be conducted, including as to whether it is
to be conducted directly with employees or through one or more employees’
representatives.

A pre-existing agreement will be presumed to be compliant unless proven otherwise. The

agreement will remain in force until it expires as per the agreement, or is renewed, or
until it is brought to an end by agreement of the parties, or as per the terms of the
agreement. This option offers the parties some degree of flexibility as the Agreement may
be tailored to meet their specific requirements.

Negotiated Agreement
An agreement establishing information and consultation arrangements may be negotiated
by the employer and the employees, or their representatives, or both. A negotiated
agreement has to be:

 In writing and dated

 Signed by the employer
 Approved by the employees
 Applicable to all employees to whom the agreement relates, and
 Available for inspection by those persons and at the place agreed between the
parties.

The agreement will be regarded as having been approved by employees:

 Where a majority of those employees employed in the undertaking who cast a
preference do so in favour of the terms of the agreement,
 Where a majority of employee representatives, elected or appointed for the
purposes of negotiation under this legislation, approve the agreement in writing,
or
 Where the result of employing any other procedure agreed to by the parties for
determining whether this agreement has been so approved, demonstrates that it
has been approved.

46
The employer has to ensure that the procedure for the casting a preference is confidential
and capable of independent verification and of being used by all employees.

A negotiated agreement should include reference to the following matters:

 The duration of the agreement and the procedure, if any, for its renegotiation
 The subjects for information and consultation
 The method and timeframe by which information is to be provided, including
whether it is to be provided directly to employees or through one or more
employees’ representatives
 The method and timeframe by which consultation is to be conducted, including
whether it is to be conducted directly with employees or through one or more
employees’ representatives, and
 The procedure for dealing with confidential information.

At any time before a negotiated agreement expires, or within 6 months after its expiry,
the parties may renew it for any further period they think fit. A negotiated agreement
renewed within a 6 month period shall be deemed to have remained in force from the date
it would otherwise have expired.

Standard Rules Agreement

Where the parties agree, refuse to enter into negotiation within 3 months of receiving a
request or fail to reach agreement on a Negotiated Agreement during a period of 6
months, an Information and Consultation Forum must be established in accordance with
the Standard Rules.

The Standard Rules set out procedures for the setting up of a Forum which will comprise
of elected employee representatives. In the absence of an election, employee
representatives should be appointed by employees or the employer with the agreement of
the employees. The employer must arrange for the election process and cover the cost of
it. The Forum should have at least 3 but not more than 30 members and can adopt its
own rules subject to the following:

 Meeting arrangements must be agreed by the employer and employee/employees

representatives.
 Minutes of the meetings must be approved by both parties.
 The Forum will be entitled to meet prior to any meeting without the employer
being present.
 Members of the Forum are to inform employees of the content and outcome of the
Forum meetings.
 The Forum should have the right to meet with the employer at least twice a year.
 The Forum is to be provided with any financial resources necessary and
reasonable to enable it carry out its duties.
 A Standard Rules Agreement may be subject to review after two years and, from
then on, as agreed between the parties. In circumstances where the number of
employees falls under the Employee Threshold for a period of 12 months the

47
 Forum will be dissolved.

Enforcement
The Act provides for the Labour Court to investigate disputes that arise under the
legislation and provides for the enforcement of Labour Court determinations by the
Circuit Court. It also provides strong protections for employees’ representatives in the
performance of their duties under the Act.

The legislation provides for penalties of up to €3,000 or imprisonment for a term not
exceeding 6 months or both on summary conviction for offences under the Act and on
conviction on indictment to a fine not exceeding €30,000 or imprisonment for a term not
exceeding 3 years or both.

Optional Terms & Conditions

(STAFF HANDBOOK CONTENT)
The following information can be included in the contract of employment, but most often
it will form the content of a Staff Handbook.

48
Overtime
The Company’s policy is to minimise the necessity for working overtime so far as
possible. Inevitably, however, situations do arise where it becomes essential. Every
effort will be made to give you as much advance notice as possible. The company
expects staff to work reasonable overtime as necessary. Overtime will be paid to
_________ staff from the normal finishing time provided the time worked exceeds 30
minutes in any one-day.

Attendance
You should be conscientious about your attendance and punctuality at work. You are part
of a team and getting the work done depends on everyone being in the right place at the
right time. Lack of punctuality or regular absences from work may give rise to
disciplinary action, including dismissal where considered appropriate by the Company –
where you are unable to attend work you must notify the Company within 1 hour of
normal starting time.
Appearance
You are expected to maintain standards of dress and appearances appropriate to the
environment in which you work.

Medical Cover
On taking up permanent employment with the company, the company will contribute
€____ per annum towards your membership with the Voluntary Health Insurance Board
(or alternative supplier).
Equal Opportunities Policy
The Company is an Equal Opportunity Employer. The aim of our policy is to ensure that
no job applicant or employee receives less favourable treatment nor should they be
disadvantaged by conditions or requirements which are neither justified nor relevant to
the job. Selection criteria and personnel procedures will be reviewed regularly to ensure
that individuals are recruited, promoted, trained and treated in all other ways purely on
the basis of merit and ability to do the job for which they have applied. Should any
employee believe that they are not being treated in this manner they should bring this to
the attention of the person nominated in the company Harassment policy.
Pension and Insurance Benefit Plan
On taking up permanent employment with the company you will be entitled to participate
in the Pensions and Insurance Benefit schemes. Please find enclosed information which
outlines the Pension Plan. You will be advised of further details when taking up
permanent employment.

Facilities
Lunch facilities are available for staff use in most locations. Tea/coffee/water machines
are located convenient to your working area. Your Supervisor will explain payment
arrangements for use of these facilities to you. Staff are permitted to make reasonable
use of the telephone for personal local calls. Long distance calls are not permitted.

49
Safety
There are established procedures and rules to ensure your safety in the case of emergency
such as fire. These are posted on each floor and should be read carefully. In addition to
the management’s responsibility for your safety, you too have a responsibility to co-
operate with the company; use any protective equipment supplied; report to the company
without reasonable delay any defects in equipment, place of work or system of work
which might affect your safety or welfare; not to intentionally or recklessly interfere with
or misuse anything provided for safety, health or welfare of other staff members or of
their work activities. First Aid facilities are available on the premises.

You should keep your work place tidy, not only for reasons of safety, but to ensure that
company documents are not left lying about.

Car Park
Use of the company’s car park is for authorised personnel only.

Business Travel
From time to time you may be required to travel on company business. While doing so
you are covered by an insurance policy taken out by the company providing benefit in the
case of death or serious accident.

If you are using your own car on company business you will be reimbursed on a per mile
basis. It is a requirement of the company that before using your own car on company
business you must have full comprehensive insurance cover including cover for business
purposes – this should be confirmed annually. Additionally the company must be
indemnified in respect of any third party claim. Prior approval from your manager is
required before using your car on company business.

Change in Personal Circumstances

Please advise the ____________ (department) promptly of any change in personal
circumstances e.g. address, telephone number, etc.

Notice of Termination
If you decide to leave the company prior to normal retirement the company requires prior
notice in writing. It is a term of your Contract of Employment that you give at least
_________(Mth/wk) written notice of your departure.

The company will give, subject to the other sections of the (handbook/contract)
________ (Mth/wk) notice unless statute requires otherwise. The company reserves the
right at all times to make a payment in lieu of notice and reserves the right to require you
not to carry out any duties or attend at the work place for the duration of the notice
period.

50
Retirement
The retirement age of the company is _ years. (the normal retirement age is 65). Details
of the Company’s Retirement Plan of which you are or will be a member are set out in a
separate handbook.

Password Protection
In the course of your work you will be required to password protect ___________
systems that you have access to. These passwords are for your personal use exclusively
and sharing them or allowing access to them to any other person is considered a serious
breach of office rules, which will result in disciplinary action up to and including
dismissal. However should any director ask you to disclose your password and you fail
to do so for whatever reason, this may result in disciplinary action being taken against
you.

Confidentiality
The confidential nature of your work requires that you never disclose any information
you may acquire about the affairs of the company or any of its customers. The records
and forms you work with are the property of the company and must not be shown or
given to outsiders without official approval. If you have any doubts about what
information this covers please consult your Manager.
Also any knowledge or suspicion of disloyalty, fraud or error or any concealed practice
against the interests of the company on the part of any person must be reported to your
Manager.
You should not involve yourself or assist any other person in the operation of a business
or carrying out of work that may be deemed to be in conflict with the business activities
of this company. If involved in work outside of working hours you must advise the
company of these activities so as to ensure no conflict of interest and compliance with the
provisions of the Organisation of Working time Act 1997.
Failure to comply with these requirements may result in disciplinary action.

Bereavements
Where the death of an immediate family member occurs the company permits a
maximum of three days permitted absence. (Immediate family includes parents, spouse,
children, brother or sister). The Company appreciates that every circumstance differs and
will always endeavour to accommodate staff members.

Maternity
If you are expecting a baby you are entitled to paid (by Social Welfare) maternity leave
for a minimum period of twenty six weeks Of these twenty six weeks, two weeks must be
taken before the expected date of delivery and four weeks after. The remaining weeks
may be taken as you wish. You may apply to alter the commencement date provided the
application is for medical reasons and a certificate is produced from your Doctor.

51
 In the event that you give birth later than expected, you can apply for additional leave
after the birth so as to ensure that you will have at least four weeks after the birth. In the
event that you give birth prematurely you are also entitled to minimum period of twenty
six weeks. You are required to advise the Company in writing four weeks before the
commencement of your maternity leave. A Doctor’s Certificate stating the expected date
of delivery and a note regarding your intentions regarding the return to work must also be
provided. You may also take a further sixteen weeks unpaid leave if you wish.
Notification must be given to the Company as soon as possible after the confinement, but
not less than four weeks before the planned date of return to work. Notice of additional
leave must be given to the Company in writing; at least four weeks before your maternity
leave is due to expire. Notification of four weeks notice in writing must be provided to
the company for the return to work of mothers on additional maternity leave. Full details
of the Maternity Protection Act 1994 & 2004 are available from ____________.
Adoptive Leave
If you have applied to adopt a child and you are an adopting mother or sole adopting
father, you are entitled to be paid (by Social Welfare) adoptive leave for a minimum
period of 24 weeks. Leave commences on the date of placement of the child. You are
required to advise the company in writing four weeks before the expected date of
placement of your intention to take adoptive leave and as soon as reasonably practical
thereafter to advise the Company in writing of the expected date of placement.
A copy of the Certificate of Placement must also be furnished to the Company no later
than four weeks after the date of placement. In the case of foreign adoption a copy
Declaration under Section (5)(1)(3)(ll) of the Adoption Act 1991 Declaration must be
supplied before the date of Placement. If placement is postponed the adoptive leave will
be postponed provided adequate notice is given to the company. You may also take a
further eight weeks-unpaid leave if you wish.
Notice of the additional leave must be given to the company of your planned date of
return to work at least four weeks in advance of the planned date of return to work. Full
details of the Adoptive Leave Act 1995 & 2005 are available from ___________.
Parental Leave
This act came into operation on 3rd December 1998 and is in addition to a mother’s right
to Maternity leave under the Maternity Protection Act (1994) and a father’s entitlement to
Paternity Leave under Flexible Working Options. Each parent who qualifies for
Statutory Parental Leave has a once off entitlement to 18 weeks unpaid leave for each
child covered by the Act.
Qualifying Conditions are that you must have one year’s continuous service. The
Statutory parental leave applies only to a child born on or after 3 rd June 1996 (this may
change arising from an ECJ decision), or in the case of an adopted child where the
adoptions order was made on or after 3rd June 1996. Parental leave may only be taken up
to the time the child attains eight years of age or sixteen in the case of a child with a
disability. In certain adoption cases this age is extended where the child is more than
eight at the time of adoption, leave can be taken within two years of the adoption order.
The Parental Leave entitlement is not transferable between parents.

52
The leave can be for a continuous period of 18 weeks, or in separate blocks of a
minimum of six continuous weeks or more favourable terms with the agreement of the
employer or by working reduced hours to the limit of 18 weeks. If you are a parent with
two children of qualifying ages you can only have 18 weeks leave in any 12 months
period. The only exception to this rule is for parents of multiple births; you can use all
the Parental Leave entitlement in one year. You are requested to give notification as early
as possible but not less than six weeks in advance to____________ of your intention to
take Parental Leave. You will be requested to furnish a copy of the child’s birth
certificate along with your application form for Parental Leave. And as far as reasonably
practical set out the duration and the manner in which it is proposed to take the leave.
You will, not less than 4 weeks prior to your commencement date, be given confirmation
of the leave by _____________.
If you have less than one year’s continuous employment and the child will be above the
age by which leave must be used then, provided that you have three months continuous
employment, you will then be entitled to one week for each month of continuous
employment.
You may also withdraw your notice to take Parental Leave prior to the “Confirmation
Document” being signed.
Prior to signing the Confirmation Document the company has the right to postpone the
granting of Parental Leave in the following circumstances:
- If the granting of it at a certain time would have a substantial adverse effect on the
operation of the business because of seasonal variations in the volume of work,
- The unavailability of a person to carry out the duties of an employee
- The nature of employees in the employment,
- The number of employees already availing of Parental Leave that falls within the
period specified in the application.
- Any other relevant matters.
You will be consulted prior to the postponing of Parental Leave. The Parental Leave can
be postponed for at most 6 months. At least 4 weeks before the intended commencement
date, you will be informed in writing of the postponement.
Normally only one postponement can occur although seasonal variations in the workload
may justify two postponements.
Leave will not be postponed once the “Confirmation Document” has been signed unless
both you and ___________(employer) are in agreement with the postponement.
Termination of the leave will occur, if the leave is not used for the sole purpose of taking
care of the child concerned. If it is established that parental leave is being abused, it will
be withdrawn by notice in writing setting out the reasons why the leave is being
terminated. You may also be subjected to a disciplinary process. If it is established that
you are not entitled to Parental Leave, it will be refused by means of a statement in
writing setting out the grounds for refusing to grant the leave.

53
While you are on Parental Leave, you shall retain all employment rights other than the
right to remuneration and pension benefits. Annual Leave entitlement will not be
adjusted in respect of Parental Leave, and you will retain the entitlement to Public
Holidays which fall during a period of the Parental Leave, such holidays can be added on
to the period of Parental Leave or take payment in lieu.
You shall also retain the right to return to work to the same position as previously held.
Where it is not reasonably practical to return to the job held prior to the commencement
of Parental Leave you will be offered suitable alternative employment which will not be
less favourable than your current contract of employment.
An employee that falls ill while on parental leave and as a result is unable to care for the
child may suspend the parental leave for the duration of the illness following which
period the parental leave commences. This, however, is based on the forwarding of
satisfactory medical evidence of the illness or condition to the employer.
Force Majeure Leave
This is under the Parental Leave Act. This provides for leave with pay for urgent family
reasons. This applies where illness or injury occurring to:
- A child or adopted child of the employee,
- The husband/wife/partner of the employee,
- Parent or grandparent of the employee,
- Brother or sister of the employee,
- Person to whom the employee has a duty of care (that is, he/she is acting in loco
parentis),
- A person in a relationship of domestic dependency with the employee, including a
same-sex partner,
- Persons of any other class (if any) as may be prescribed.
And this requires the immediate and indispensable presence of you whether at home or
elsewhere.
Force Majeure Leave cannot exceed 3 days in any period of 12 consecutive months or 5
days in any period of 36 consecutive months.
Part day absences on Force Majeure Leave are regarded as one day for the purposes of
the maximum number of days one can take.
Should you decide to take Force Majeure Leave you must complete the Company “Force
Majeure Leave” form immediately on your return to work confirming that he/she has
taken such leave and the reason for it.
Doctors/Dentist/Hospital Appointments
Staff should, if at all possible, make appointments outside of normal working hours. In
cases of emergency only _____________ may permit time off for the above purposes.

Examination/Study Leave
Depending on the course of study the company will consider applications for leave of this

54
nature on a case by case basis.

Problems
You will find a variety of resources and procedures to help you solve work related or
personal problems. Your supervisor will be at hand to help overcome any problems that
you may have. If you feel you are unable to speak with your supervisor you can speak
with ____________ (manager). All matters will be dealt with in strictest confidence.

Disciplinary Rules and Disciplinary Procedure

Infringement of a term of this Contract, or of established Company rules, can lead -
depending on the gravity of the breach - to disciplinary action being taken by the
Company. Where the Company is considering disciplinary action, the employee will be
advised in advance of the nature of the meeting, given every opportunity to respond to
any charges being made and may be accompanied by a work colleague/representative at
any disciplinary meeting.
Should a matter warrant investigation, the employee may be suspended - with pay -
pending the outcome of the investigation.
Should it be necessary for the Company to take disciplinary action against an employee,
in normal circumstances the following stages will be applied:-

Stage One - Warning;

This initial step is a discussion between the employee concerned and their Manager. The
employee will be informed of the area of their job performance, personal conduct,
attendance, or other work-related activity, that is below standard and they will be advised
of the action required to correct the fault. The Manager will inform the employee
concerned that this is an Official Warning, a written confirmation of which will be
retained on their Personnel File and will remain effective for a period of 6 months.

Stage Two - 1st Written Warning;

If it is necessary to take further disciplinary action within the effective period of the date
of issue of the Verbal Warning, the employee concerned will be informed of same and an
Official First Written Warning will be issued to them by the Manager - a copy of which
will be placed on their Personnel File. This warning will remain effective for a period of
1 year.

Stage Three - Final Written Warning;

If it is necessary to take further disciplinary action, within the effective period of the
previous warning the employee concerned will be informed of the gravity of the matter
and will be issued with a Final Written Warning by the Manager - a copy of which will
be placed on the employee’s Personnel File. This warning will remain effective for a
period of 1 year. Where deemed necessary the employee may be transferred to another
task or area.

Stage Four - Dismissal.

55
If it is necessary to take any further disciplinary action, within the effective period of the
previous warning the employee concerned, having been informed of the situation, may be
dismissed from the Company.
Generally, the steps in this procedure are progressive. However, the Company reserves
the right to use any Stage in this procedure, or omit any Stage in this procedure should
the misconduct be serious enough to justify same.

Appeal Process
Employees have the right to appeal any decisions made by the Company at any stage of
the disciplinary process outlined above. This appeal should be in writing within 7 days of
the disciplinary sanction and must be made to the Director of the Company outlining the
reasons for the appeal. The Director considers the reasons for the appeal, will make the
final decision as to whether the appeal is upheld and the employee will be notified in
writing of this decision. In the event that the Director has been involved in the decision
making, another senior member in the Company or an independent third party will hear
the appeal. The person reviewing the appeal will issue a decision on the appeal within
two weeks.
Where an employee is involved in Gross Misconduct, the Company may determine that
the employee should be dismissed without reference to any of the Stages of the
Disciplinary Procedure. Before such a determination, however, the Company will have
conducted a full investigation into the matter and the employee may be suspended - with
pay - pending the conclusion of such an investigation. Acts of Gross Misconduct are
construed as being deliberate acts by you or the negligent failure by you to act, to the
detriment of the Company.
Examples of Gross Misconduct are as follows:-
 Gross Incompetence/Negligence;
 Physical violence or threatening behaviour;
 Deliberate failure to carry out instructions;
 Deliberate misrepresentation;
 Bullying / Intimidation / Harassment / Discrimination;
 Deliberate damage to Company property;
 Falsifying Company documentation;
 Deliberately poor work performance;
 Sexual Harassment;
 Consuming or being under the influence of alcohol, drugs, or other abusive
substances whilst at work;
 Sleeping whilst on duty;
 The taking of Company property without authorisation;
 Willful/deliberate absence from duty;
 Breach of confidentiality
 Flagrant/Deliberate disregard of Safety/Health/Hygiene precautions/procedures
likely to endanger any person.
(This list is not exhaustive)

56
Grievance Procedure
Employee grievances should be first brought to the attention of the employee’s Manager.
If it is inappropriate to discuss the issue of concern with that person, the matter may be
discussed directly with the next senior Manager. A work colleague may accompany the
employee during a grievance hearing if desired.
A report of the discussion will be issued to all present. The Manager hearing the
complaint has a responsibility to attempt to resolve the issue within 48 hours.
Should the matter remain unresolved or the response is not adequate, the issue will be
forwarded to the next senior Manager.
Should the matter remain unresolved or the response is not adequate, the issue will be
forwarded to the Company Director.
Failure to resolve the issue at this stage leads to a meeting between the Company and
their Representatives, and the employee and their Representative. The Director will
make the final decision on grievances which are not resolved to the satisfaction of the
employee.
A decision by the Director may be appealed to the Workplace Relations Commission.
Any instructions that may be issued which give cause for query/grievance should be
carried out – albeit under protest – pending the matter being dealt with through the
grievance procedure.
No Industrial Action of any kind should be taken by any member of staff until the
Grievance Procedure has been fully completed, a recommendation has been issued and
then only after two weeks’ notice in writing.
Should a grievance arise from any form of harassment or intimidation, the employee has
a duty to inform his/her Manager. Grievances of this nature will be dealt with as per the
Company Bullying and Harassment policy and procedure.

Company Property

Company electronic equipment are critical assets that are intended for business use.
Electronic files and communications created, stored, sent or received through company
systems/equipment belong to the company.
System users are expected to be responsible, considerate and ethical in using company
systems, to protect valuable company information and to exercise prudent judgement.
Misuse of company systems may result in restriction or termination of access privileges
and other disciplinary action, up to and including termination.

Monitoring
No system user can have any expectation of privacy as to the contents of any documents
produced on Company equipment, e-mail communications, the nature of the system
user's Internet usage or any other use by any individual of company systems. The
Company has the right, but not the duty, to intercept, divert, discard, access or review the
contents of any e-mail or voice mail message, electronic communications or files, or any

57
other information created on, transmitted over or stored in Company or service provider
systems, whether incoming or outbound, and whether at the time of transit or afterward.
The Company reserves the absolute right to conduct reviews of computer use. The
Company may specifically monitor sites visited by system users on the Internet, chat
rooms and news groups, as well as material downloaded or loaded from or to the Internet.
The company reserves the right to disclose to persons outside of the company or
otherwise to use the contents of e-mail and other electronic communications of system
users for any of the foregoing purposes, as well as to comply with or assist law
enforcement officials or legal authorities.
Encryption may be employed by system users only if authorised by the company. The
type of encryption software used by system users must also be approved by the company.

Lay-off/short-time working
The company reserves the right to lay you off or reduce your working hours where,
through circumstances beyond its control, it is unable to maintain you in employment.
You will receive as much notice as is reasonably possible prior to such action. You will
not be paid during the lay-off period. You will be paid for hours actually worked during
periods of short-time working.

Data Protection
As part of your terms and conditions of employment, you give the company permission
to collect, retain and process information about you. This information will be relevant to
your employment in the company and will be used so that we can monitor our
compliance with the law and best practice in terms of equal opportunity and non-
discrimination. The information that we hold will be checked with you from time to time
to ensure that it remains up-to-date.

Electronic /Telephone Communication

Employees are given access to the use of the internet, telephones and other equipment to
enable them to carry out the business of the company and not for personal use.
Employees are advised that such equipment is monitored on an ongoing basis to ensure
that they are not being abused or used for a purpose that would be detrimental to the
business, customers or work colleagues. Employees using such equipment accept that the
facilities will be monitored by the company as deemed necessary and that unauthorised
use will result in disciplinary action being taken including termination of employment.
Employees are advised to familiarise themselves with the company policy which is
attached to this document.

Security
The company reserves the right to search any employee, their property and vehicles and
lockers at any time whilst they are at, coming to or leaving work whether it be on the
company premises or elsewhere. Refusal to comply with a search request may be deemed
serious misconduct.

Health and Safety

Employees are reminded that they have a statutory duty to observe all Health and Safety
rules and take all reasonable care to promote the Health and Safety at work of themselves

58
and their fellow employees. Willful breaches of the Health and Safety policy will be
dealt with through the disciplinary procedure.

Bullying and Harassment Policy

It is the policy of the company that the work environment gives all employees the
freedom to do their work without having to suffer bullying, intimidation, harassment or
sexual harassment. The Company is committed to supporting the rights of all its
employees to be treated with dignity and respect.
In order to promote this policy, training in this area will be provided during induction.
All personnel must accept that this form of discrimination creates an intimidating and
threatening work environment, which can:
 Affect the integrity of people at work
 Adversely affect job performance
 Make the recipients fearful of gong to work
 Cause recipients to leave their employment
 Seriously affect recipients health by causing depression, stress and loss of self
esteem
This policy extends to bullying, intimidation, harassment and sexual harassment by
employers, employees, and non-employees such as contractors, customers, etc.
All personnel should be aware that bullying, intimidation, harassment or sexual
harassment is unacceptable and will be considered to be Gross Misconduct. All
personnel are therefore encouraged to be vigilant to prevent this type of conduct, and are
required to comply with this policy.

Management Responsibility

All management personnel are required to commit to this policy, to implement the policy
and to set an example of appropriate standards of behaviour by treating all in the
workplace with courtesy and respect, promote awareness of the Company’s policy and
complaints procedure, be vigilant for signs of harassment and take action before a
problem escalates, ensure that an employee making a complaint is not victimised for
doing so monitor and follow up on the situation after a complaint is made so that the
harassment or sexual harassment does not recur.
Please be assured that all complaints will be treated seriously, and will be attended to
immediately. The complaint will be treated confidentially, as far as possible, with due
sensitivity, and will be discussed with the complainant in private. The complainant is
assured that the complaint will be fully investigated by the Company. At no time will the
Company tolerate any victimisation of a complainant or a witness, and will view any
such attempts as Gross Misconduct.
If, following investigation, the complaint of discrimination is substantiated or otherwise
considered well founded, the Company designated investigator will endeavour to arrange
a satisfactory resolution of the complaint.

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Employees who believe they are being subjected to bullying, intimidation harassment or
sexual harassment should report the problem as early as possible to their immediate
Supervisor. If for any reason this is not appropriate, the complaint may be made to the
Managing Director.
Harassment occurs where conduct related to any of the nine discriminatory grounds (sex,
age, disability, membership of the travelling community, family status, marital status,
sexual orientation, race and religion) that is unwelcome and has the purpose or effect of
violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating
or offensive environment for the person.
Bullying is defined as: repeated inappropriate behavior, direct or indirect, whether
verbal, physical or otherwise, conducted by one or more persons against another or
others, at the place of work and/or in the course of employment, which could reasonably
be regarded as undermining the individual’s right to dignity at work. An isolated incident
of the behavior described in this definition may be an affront to dignity at work but, as a
once off incident, is not considered to be bullying.
Examples of some forms of bullying, intimidation, harassment.
 Any aggressive behaviour by a Manager, Colleague, Employee
 Any repeated verbal harassment
 Any physical harassment
 Any personal insults and name calling
 Persistent criticism
 Persistent “picking” on a person for the butt of a joke, horseplay,
uncomplimentary remarks or other behaviour likely to cause offence.
 The maligning or ridiculing of a person directly to others by rumour, gossip,
ridicule and / or innuendo
 Unfair delegation of duties and responsibilities
 Intimidation and threats in general
 Social exclusion or isolation
 Manipulating the nature of the work or the ability of the victim to perform the
work for example by withholding information or setting meaningless tasks.
Examples of Sexual Harassment
 Any unwelcome verbal advance
 Any unwanted pressure for social contact
 Sexually derogatory statements
 The display of sexually suggestive or degrading objects, pictures or calendars in
the workplace
 Sexually discriminatory remarks, or innuendo, or jokes made by someone that is
offensive or objectionable to the recipient, or which causes the recipient
discomfort, humiliation, or which interferes with their job performance.
 Any unwelcome physical advance, which includes:-
 Unnecessary touching, groping, pinching, patting, fondling, or kissing

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  Sexually aggressive or derogatory remarks
 Leering at a person’s body
 Compromising invitations
 Unwelcome sexual advances
 Demands for sexual favours
 Sexual assault or rape (where civil/criminal proceedings may also be appropriate)
Sexual Harassment is defined as “Unwanted” conduct of a sexual nature or other conduct
based on sex affecting the dignity of men and women at work.
It is the unwanted and unwelcome nature of sexual harassment, which distinguishes it
from behaviour which is welcome and reciprocal. A single incident of sufficiently
outrageous behaviour will suffice – it does not necessarily have to be repeated. It should
also be noted that it is the impact of the conduct on the recipient and not the intent of the
perpetrator that determines whether the behaviour is acceptable.
Bullying, intimidation, harassment and sexual harassment may occur outside the
workplace e.g. at a Company Meeting, or Christmas Party, whilst attending a conference
on behalf of the Company. (The degree of control available to the Employer in the
particular circumstances would be a relevant factor.)
Company Procedure
What should you do if you are being bullied, intimidated, harassed or sexually harassed?
It is up to the employee to decide what behaviour is unwelcome irrespective of the
attitude of others to the matter.
 Keep a record of individual incidents as they occur
 Make the harasser aware that the behaviour is unwelcome and offensive. You
may request another Manager to be present while you discuss the issue with the
harasser. This will be an informal meeting with a view to reaching an immediate
resolution. Any failure to reach a resolution at this stage will require a formal
complaint from the employee and will be dealt with as outlined below.
 If it is too difficult or intimidating to approach the harasser yourself, the approach
could be made on your behalf by a Manager or a Company Director. A formal
complaint is not required at this stage.
A formal complaints procedure is in place for a situation where:
 The problem could not be resolved informally
 The problem continues despite the harasser being made aware of the problem
either directly by the employee or via the informal process
 The alleged harassment or sexual harassment is too serious to be dealt with under
the informal procedure
 The harassment continues after the informal procedure has been followed.
A formal complaint may be lodged by the employee or his/her Manager. The complaint
must be in writing and received no later then 3 weeks after the last incident took place.
The Manager will advise the alleged harasser of the complaint both verbally and in
writing within 24 hours of receipt of the complaint.

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The complainant and the alleged harasser will be informed of:
 How the complaints procedure is operated
 Any relevant time limits
 Their right to be accompanied by a representative at any meeting relating to the
allegation
 That the complaint must be in writing
 The alleged harasser’s right to receive details of the complaint in writing
 The right to appeal any decision made by the investigation team to the Workplace
Relations Commission.
The alleged harasser will be given 72 hours to consider the complaint and any
documentation provided in relation to the complaint, at which point he/she will be given
an opportunity to respond to the allegation.
If the allegation is denied, the Manager will conduct a full investigation of the incident,
including interviews with witnesses. The Manager may request a Senior Director to
assist in the investigation depending on the nature and severity of the complaint.
The investigating team will issue a written report outlining its findings and reasons for its
final decision.
Where the complaint is upheld against an employee, the report will recommend whether
the Company Disciplinary Procedure should be invoked.
Where the complaint is upheld against a non-employee the report will recommend
appropriate sanctions against the non-employee or his/her employer which could extend
where appropriate in the circumstances to:
 Exclusion of the individual from premises
 Suspension or termination of service
 Suspension or termination of a supply service or other contract.
Those conducting the investigation will not be connected to the allegation in any way and
will not be involved in any appeal hearings. The Company will endeavor to conclude the
investigation within four weeks where possible. Records will be held of the complaint,
meetings, interviews, etc.
Disciplinary Action
On receipt of a formal complaint a full investigation will be conducted as per the
company’s disciplinary procedures. Disciplinary action may involve dismissal,
suspension, or relocation of the bully / harasser together with an apology from the
harasser for his/her conduct to the complainant – if the complainant so wishes. The
complainant will not be relocated except at this/her own request. Records will be held as
per the Company Disciplinary Procedure.
Details of any action taken will be entered on the harasser’s Personnel File and
appropriate records of the complaint and the resolution of the same will be maintained.
Disciplinary action will also be taken against any person found to be victimising or
otherwise bullying or harassing a complainant or a witness to harassment, with
appropriate records placed on that person’s Personnel File.

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Any company member requiring information or advice on this policy should contact their
Manager.
Electronic /Telephone Communication Policy
Where appropriate to your job needs, employees may be given access to the Intranet
and/or Internet. For those who do not have daily PC access, occasional access will be
arranged, as necessary, by management.
All PC access will be through passwords, and no individual is permitted onto the system
using another employee's password. Employees are not permitted to share their password
with anyone inside or outside the company. Individuals will be allowed to set their own
passwords, and must change them as frequently as requested by the system set-up
requirements.
Internet
The internet is a valuable business tool which gives access to an array of information. In
order to prevent it becoming a time-consuming distraction from business activities,
employees are not permitted to use it except for business related reasons during working
hours. Access to appropriate sites for business purposes is not restricted and managers
must define what are business related requirements for specific employees, to make sure
there is clarity in relation to what they are permitted to access. Access to any
inappropriate, pornographic or obscene sites, or sites with the risk of such material, is
prohibited at all times.
No employee is permitted at any time to download files from the Internet without the
permission of the IT department. This is to protect the company business systems, reduce
the risk of viruses and ensure that large amounts of storage space are not taken up with
unnecessary files.
Outside of working hours, occasional access may be permitted. Prior permission should
be sought from a manager, who will monitor the level of activity. As Internet access is
expensive, employees are required to restrict the time which they spend on it.

Harassment
The company has provided access to the Internet for business purposes. The practice of
downloading text, pictures, jokes, etc, from the Internet and distributing them via e-mail
to other employees or persons outside the Company, is prohibited. The content of these
downloads may be found offensive by certain employees or others and could be regarded
as harassment or bullying. As such they will result in disciplinary action on the offending
employee and risk possible prosecution under the Employment Equality Act 1998.
Accessing or storing any form of electronic file, record or communication which could be
deemed to harass or discriminate based on age, gender, race, religion, disability, marital
status, family status, sexual orientation or membership of the travelling community is
totally unacceptable, and will be subject to the disciplinary process.
Virus Protection
The company has virus protection software installed on all company hardware but there
is still a high risk of viruses being received from external electronic communications, in
particular from unknown sources. All files entering the company via the Internet must be

63
virus checked prior to their transfer for use to any company machine. This includes all e-
mail attachments. If you receive an external e-mail from an unknown source or a
message which you feel is wrongly delivered, do not open it and contact a member of the
Helpdesk or I.T. Department immediately.
Email and Contents
The primary purpose of the company's e-mail system is to promote effective
communication on business matters and this should not be abused. In order to prevent a
loss of productivity, personal e-mails must be kept to a minimum and only accessed
outside of working hours.
While e-mail is a fast and efficient method of business communication, employees must
not overlook the fact that it has the same legal effect as written communications. Due to
the permanent nature of e-mails and the legal implications to both the company and
employees, messages should be written and formatted in the same manner as standard
written company communications. The wording, tone and language should be concise
and carefully prepared by employees in order to avoid ambiguity, inaccuracy, claims of
defamation, breach of confidentiality and the possibility of offending anyone.
Telephone
Telephones are to be used for Company business only. The company recognises that from
time to time an occasional personal call may have to be made. However, excessive use of
the company telephones for non-business use is not permitted.
Monitoring
Managers are authorised to monitor and record the activities of all users on the system. It
is our objective that such monitoring will be required on an on-going basis, and will be
occasionally used to audit practices. However, the company retains the right to monitor
each individual's e-mail, internet and PC activity to ensure the protection of all
employees and that there is no abuse of privilege.

Abuse and Disciplinary Procedure

Any employee found to be abusing the company electronic communication system,
including e-mail and internet use, or not operating in line with this policy, will be subject
to the company disciplinary action up to and including dismissal.
Notification of changes in the employees Terms of Employment
The employee will be notified in writing no later than one month of any change in their
terms of employment. This written notification will include the nature and date of the
change. This written notification does not apply if the change is as a result of a change in
legislation.

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 SECTION 3 – LEAVE
ENTITLEMENTS
Annual Leave
Holiday pay is earned against time worked. All employees, full-time, part-time,
temporary or casual earn holiday entitlements from the time work is commenced. The
Organisation of Working Time Act 1997 provides that most employees are entitled to
four weeks annual holidays for each leave year with pro-rata entitlements for periods of
employment of less than a year.

The Act sets out 3 mechanisms for calculating the annual leave entitlements.
Employees are entitled to whichever of the following is the greater;

A. 4 working weeks in a leave year in which the employee works at least 1,365 hours
(unless it is a leave year in which s/he changes employment)

Or

B. One third of a working week for each month in the leave year the employee works at
least 117 hours

Or

C. 8% of the hours an employee works in a leave year (but subject to a maximum of 4

working weeks). This is related to part-time employees.

* An employee who has worked for eight or more months must be allowed an
unbroken period of two weeks holidays.

Re- Part-time employees

Note 1. Time spent on annual leave is deemed to be time worked for the
purposes of the Act.
Note 2. Overtime hours should be included for the purposes of calculating entitlement
to annual leave.

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Examples for A & B
The annual leave entitlement of an employee who works a 39-hour week is computed as
follows:

39 x 1/3rd x 12 = 156 hours

156 / 7.8 = 20 annual leave days

The annual leave entitlement of an employee who works a 33-hour week is computed as
follows

33 x 1/3rd x 12 = 132
132 / 6.6 = 20 annual leave days

Note: You should check to see if your company is covered by a Registered

Agreement or Joint Labour Committee that may have set additional leave over and
above the Organisation of Working Time Act 1997.

Employees who Work Irregular Hours.

In the case of employees who work irregular hours, their holiday entitlements should be
converted in hours. This is calculated by taking the normal weekly working hours
divided by 5 and multiplied by the annual leave entitlement for that employee.
Example
If an employee works a 39-hour week he/she is entitled to 156 hours per annum
i.e. 20 (days) x 7.8 hours = 156 hours

Each time an employee takes annual leave the number of hours s/he would have worked
on the days taken should be added up to determine the amount of annual leave taken.

Note: In calculating how many days holidays to which an employee may be entitled,
employers should include all hours worked including time spent on annual leave,
maternity leave, parental leave, force majeure leave, adoptive leave and the first 13 weeks
of carer’s leave. Employees continue to accrue annual leave while on sick leave.
However, no annual leave is accrued during a temporary lay-off or a career break. Please
note however that if an employee, while on annual leave becomes ill and this illness is
covered by a medical certificate it does not count as part of their annual leave.

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Timing of Annual Leave
Under the Organisation of Working Time Act 1997, the onus is on the employer to ensure
that employees can avail of their annual leave entitlement in the leave year to which it
relates.

 The time at which annual leave is taken is at the discretion of the employer, having
regard to work requirements and subject to his/her taking into account the employee’s
needs to reconcile work and family responsibilities, and the opportunities for rest and
recreation available to the employee.
 The employer must, if leave dates are being nominated by the Company, consult with
the employee or their representative 1 month prior to the commencement of holiday
leave.
 Annual leave must be given to the employee within the leave year, or with the
employee’s consent within 6 months of the following leave year. The employer has
the responsibility to ensure that the employee takes his/her full statutory leave within
the appropriate period, or with the employee’s consent within 6 months of the
following leave year.
 Employees may carry leave forward to the following year once the employer gives
consent.
 Following 8 months work, the employee is entitled to an unbroken period of 2 weeks,
which may include one or more public holidays. This provision may vary in the case
of an employment regulation order, registered employment agreement, collective
agreement or any other agreement between the employer and employee.

Payment for Annual Leave

Payment for annual leave must be given in advance of the employee taking leave, this
would include any regular bonus or allowance, but excludes over time. Employees are
only entitled to be paid for leave /shift premium they have earned at the time of taking
leave.

In the case of employees who work irregular/varying weekly working hours, payment in
respect of annual leave is calculated by - adding up the employees total weekly working
hours in the thirteen weeks ending on the day before annual leave, and dividing by
thirteen to establish the employees average weekly earnings during that period. To
calculate a day, the normal working week is divided by 5.

NOTE Payment in lieu of annual leave is prohibited unless the employment relationship
is terminated. Also employees who are ceasing employment cannot be requested by the
employer to use up leave entitlements unless this is organised one month before
termination date. However, if both parties agree annual leave can be taken during the
notice period.

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Leave Year
The statutory leave year is 1st January to 31st December; there is no restriction on
employers using different 12-month period provided that the same leave year is
consistent.

Disputes
Any dispute arising from the application of the Act concerning annual leave can be dealt
with through the Workplace Relations Commission. The decision can be appealed to the
Labour Court where the determination is binding.

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 Sample Annual Leave Form

Annual Leave

Employee Name: _____________________Employee Number:__________

Job Title: ___________________________Department:________________

Holiday Entitlements: _________________Year:_____________________

Dates Dates Amount of Amount of Approved Date Employee

To From Days Days By Approved Initial
Taken Remaining

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 Public Holidays
Under current legislation there are nine public holidays.

1st January (New Year's Day)

St. Patrick's Day
Easter Monday
The First Monday in May
The First Monday in June
The First Monday in August
The Last Monday in October
Christmas Day
St. Stephen's Day

Note: Good Friday and Christmas Eve, although bank holidays are not public holidays.
The Act refers to “public holidays” not “bank holidays”.

 Employees who work or who are normally required to work on a public holiday
will be entitled to an additional day’s pay for the holiday.

 Employees who are not normally required to work on a public holiday will be
entitled to one fifth of the normal weekly rate of remuneration for the public
holiday.

 If the employee ceases to be employed during the week ending on the day before
the public holiday, having worked at least 40 hours during the five weeks
preceding that week, the employee will be entitled to receive payment for the
public holiday.

Conditions for qualifying for a Public Holiday benefit

Employees, other than part-time/casual, have an immediate entitlement to public holiday
benefits.

Part-time/casual employees must have worked at least 40 hours in the 5 weeks ending on
the day before the public holiday to qualify for the public holiday benefits.

In respect of each public holiday, an employee’s entitlement is as follows

a. A paid day off on the public holiday, or
b. A paid day off within a month: or
c. An extra day’s annual leave; or

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 d. An extra day’s pay

As the employer may decide.

Note: If a public holiday falls on a Saturday, and the employee does not normally work
Saturdays, options (b), (c), or (d) apply as the employer decides.

Note: If a Public Holiday falls on a day on which the employee would be off, with pay,
e.g. sick pay, then options (b),(c) or (d) will apply.

Note: If the employee ceases to be employed during the week ending on the day before a
public holiday, having worked during the 4 weeks preceding that week, he/she is entitled
to receive pay for the public holiday.

Employees absent from work prior to a public holiday

An employee is not entitled to a public holiday if s/he is absent from work immediately
before the holiday for one of the following reasons:

 Absence in excess of 52 consecutive weeks by reason of an occupational injury.

 An absence in excess of 26 weeks by reason of illness or injury.
 An absence in excess of 13 weeks by reason not referred to above but being an
absence authorised by the employer, including lay off.
 An absence by reason of a strike.

Note: Employees on maternity or adoptive leave maintain their public holiday

entitlement for the duration of their absence.

Disputes
Any dispute arising from the application of the Act concerning public holidays can be
dealt with through the Workplace Relations Commission. The decision can be appealed
to the Labour Court where the determination is binding.

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 Maternity Leave

The Maternity Protection Act 1994 & 2004 entitles expectant working mothers to
Maternity Leave, Additional Maternity Leave, time off for ante-natal and post-natal
medical visits, specific leave for fathers, right to return to work, protection of certain
employment rights while on leave, protection against dismissal etc.

Summary Points
 The Act covers anybody under a contract of employment. This includes
apprentices, employees on probation and employment agency workers. It also
includes male employees to a right to leave under specific circumstances.
 The employee is entitled to a minimum of twenty six paid (by Social Welfare)
consecutive weeks-maternity leave.
 The employee may, if so desired, take an additional sixteen weeks leave
immediately following maternity leave at her own expense.
 If an employee is under a fixed term contract, and this contract ends while on
maternity leave, the leave ends on the same day.
 The employee is entitled to return to the same job she had prior to her absence on
maternity leave or its equivalent.
 Payment during the twenty six weeks maternity leave is made by the Department
of Social Welfare.

When Maternity Leave is taken

 The employee may take the twenty six weeks provided she takes no less than two
weeks before the due date and at least 4 weeks after the birth.

Notification to the Employer

 The employee must notify the employer in writing stating the date on which the
leave is due to commence and give her employer at least four weeks notice.
 A medical certificate confirming the pregnancy and advising of the expected
week of confinement must accompany the notification.
 In the case of Additional Maternity Leave, the employer must also be notified in
writing by the employee if she intends taking Additional Maternity Leave. This
can be given at the same time as the relevant notification or not later than four
weeks before the date, which would have been the employees expected date of
return to work.

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Delayed Births
 If an employee has less than four weeks’ maternity leave left when her baby is
born, then her maternity leave may be extended so that she still has four weeks’
maternity leave after her confinement. The maximum extension is of four weeks.
 The employer must be advised in writing of the likelihood of extended maternity
leave due to such an event. This should be given as soon as possible in writing
after the birth of the revised return to work date.

Early Births
 In the event of a birth occurring more than four weeks before it is expected and if the
employee has not already commenced maternity leave, she is entitled to take twenty
two weeks’ maternity leave from that point. For example, a woman notifies her
employer that she is due to go on maternity leave in six weeks’ time. The following
week, she gives birth pre-maturely. In this case, she is entitled to take twenty two
weeks’ maternity leave from this point on.

 The employer must be advised in writing of her maternity leave within two weeks of
the confinement. Another person can provide this notice on behalf of the employee.

Still Births and Maternity Leave

 In the event of a stillbirth occurring after the 24th week of pregnancy, the mother is
still entitled to 26 weeks’ maternity leave

Ante Natal & Post Natal Medical Visits

- There is no limit to the number or duration of medical appointments; this does not
include voluntary appointments/classes. Employers must also take into consideration
the time for travelling to and from appointment.
- The employee is entitled to full pay while attending such appointments as long as
they occur during her normal working hours.
- Two weeks notice in writing must be given to the employer in respect of a scheduled
medical visit, this notice must state the date and time on which the visit is due to
occur.
- If for urgent medical reasons, the employee cannot give two weeks notice, the
employee must provide a medical certificate. She must also provide an explanation
as to why it was not possible to give the employer two weeks notice of the visit
within seven days of the day the visit occurred.

Ante Natal Classes

 An expectant mother is entitled to time-off from her work, without loss of pay, to
attend one set of ante natal classes other than the last three classes.

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 An expectant father of a child (if he is employed under a contract of employment) is
entitled to time-off work, without loss of pay, to attend the last two ante-natal classes
in a set before birth.

Returning to Work
 The Act does not oblige an employee who has taken Maternity Leave or Additional
Maternity Leave to return to work but rather allows her to do so. The employer must
receive written notification of at least four weeks of the return to work date after
maternity leave or her additional maternity. Notice of return to work, may be written
by another person on behalf of the mother if so desired.

 If the employee does not provide proper notice of her return to work this could affect
her right to return to work contained in the Act.
 The employee is entitled to return to work with the same employer or, if the
workplace has changed ownership, the new owner. The employee is entitled to return
to the same job she had prior to her absence or its equivalent. Her contract must
remain unaltered or identical. In other words, she is entitled to return to the same
grade, the same conditions, and the same level of remuneration.
 In addition, the employee is entitled to any benefits or improvements which would
have been made to her contract had she been continuously at work e.g. pay increases.
 The employee does not lose the right to return to work where the ownership of the
firm has changed.

Father’s entitlement to leave

In the event of the mother’s death occurring within 24 weeks of the birth, the father is
entitled to leave. This is usually paid by social welfare subject to the father qualifying by
way of his social insurance contributions.

a. In the event of the mother’s death occurring within 16 weeks of the birth, the father
will be entitled to leave up to the end of that 16th week. Thus for example, if a mother
dies two weeks after the week of confinement, the father is entitled to 14 weeks’
leave. If she dies in childbirth, the father is entitled to 14 weeks leave. If the mother
dies after the expiry of the 10th week, the period ends at the end of the 14th week
following the week of her confinement.
b. In the event of the mother’s death occurring after the end of the 16th week, but before
the end of the 24th week after the week of confinement, the father is also entitled to
leave. In this case, the period of leave ends at the end of the 24th week following the
week of confinement. For example, if the mother dies 16 weeks after the week of
confinement, the father is entitled to eight weeks’ leave. This is referred to as
additional father’s leave.

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Notification: This should be in writing not later than the day on which his leave begins,
stating the length of leave to which he believes he is entitled. Employers can request a
copy of the death and birth certificates. Leave to which the father is entitled must begin
within seven days of the mother’s death.

Protection of Employment Rights

An employee on
– Maternity leave
– Additional maternity leave
– Father’s leave (in event of mother’s death)
– Additional father’s leave
– Health and safety leave
– Time off for ante-natal or post-natal care
– Time off or reduced hours for breastfeeding
– Time off for ante-natal classes
is deemed to be in the employment of the employer while absent. The employee is to be
treated as if s/he is not absent. The absence will not affect any rights or obligations
related to the employee’s employment conferred by legislation, contract or otherwise.

 A period of absence from work for any of the above purpose is not to be treated as
part of any other leave (including sick leave or annual leave).

 Similarly maternity leave or ante-natal visits must not be counted as part of the
employee’s sick record.

 During Maternity Leave, Additional Maternity Leave, Health and Safety Leave,
Father’s Leave and during natal care absences, employment rights such as annual
leave, increments and seniority are preserved and will build up as if the employee was
not absent from work.

 During Maternity Leave/Additional Maternity Leave, Father’s Leave the employee

also retains entitlements to leave in lieu of public holidays occurring during such
absences or to one of the alternatives outlined in the Organisation of Working Time
Act 1997.

 Employees on Health and Safety Leave retain their entitlement to annual holidays.

 All periods of probation, training or apprenticeships are suspended during protective

leave and the employee must complete whatever proportion remains when s/he
returns to work.

 An employee cannot be issued with notice of termination of employment or may not

be suspended while on Protective Leave. Notices of dismissal, redundancy or

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 suspension given prior to the Protective Leave that is due to take effect during such
leave is extended to the end of the relevant period.

 Employees can not be dismissed or discriminated on the grounds of pregnancy etc. or

for utilising Protective Leave.

Termination of additional maternity leave due to illness of the Mother

An employee who is sick who wishes to end additional maternity leave may request her
employer to terminate the additional maternity leave at any time:
 During the last 4 weeks of maternity leave (where the employer has been notified
of her intention to take additional maternity leave) or
 During the additional maternity leave.

There is no entitlement to termination of additional maternity leave in the event of

sickness of the mother. If the employer agrees, the additional maternity leave will end on
a date agreed by the employer and employee. This will not be earlier than the beginning
of the employee’s sickness and not later than the date when additional maternity leave
would have ended.

Where additional maternity leave is terminated on the employee’s request:

 Any absence from work (after the termination of the additional maternity leave) is
treated in the same way as any absence from work of the employee due to
sickness
 The employee is not entitled to the additional maternity leave or any part of it not
taken by her.

Notification requirements
An employee who is sick who wishes to terminate additional maternity leave must:
 Request in writing (by her or on her behalf) her employer to terminate the
additional maternity leave
 An employer must notify the employee concerned in writing of the employer’s
decision in relation to the request as soon as reasonably practicable.

Postponement of leave due to hospitalisation of a child

An employee on:
 Maternity leave (after 14 weeks maternity leave with not less than 4 weeks being
after the date of confinement), additional maternity leave,
 Father’s leave, additional father’s leave, may request his/her employer to
postpone part of the leave and/or additional leave (or part of it) if the child (in
connection with whose birth he/she is on, or is entitled to that leave) is
hospitalised. There is no entitlement to postponement of leave/additional leave if
the child is hospitalised.

An employer may agree to postpone the leave and the employee will return to work

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on a date to be agreed and be entitled to take the postponed leave in one continuous
period beginning not later than 7 days after the discharge of the child from hospital.
If an employee postpones leave and returns to work and during the period of
postponement he/she is absent from work due to sickness the employee is deemed to
begin the postponed leave unless, the employer is notified that s/he does not wish
to begin the postponed leave.

If this notification happens:

 The absence from work of the employee due to sickness is to be treated in the
same manner as any absence from work of the employee due to sickness and
 The employee forfeits the postponed leave

The Maternity Protection (Postponement of Leave) Regulations provide that the

maximum period of postponement of leave is 6 months.

Notification requirements
An employee who wishes to postpone part of his/her leave because of the hospitalisation
of the child must notify his/her employer in writing (or have the employer notified) of the
request.

On request the employer must be furnished with:

 A letter or other appropriate document from the hospital confirming the
hospitalisation of the child and
 A letter or other appropriate document from the hospital or the child’s doctor
confirming that the child has been discharged and the date of discharge.
26 • About the Maternity Protection Acts 1994 and 2004
An employer must notify the employee in writing of the employer’s decision as soon as
practicable. In order to avail of resumed leave an employee must notify his/her employer
in writing (or have the employer notified) as soon as reasonably practicable but not later
than the day on which the leave begins of his/her intention to take the leave. This
notification may be revoked by a further notification in writing given by the employee.
An employer may waive the right to receive a notification.

Health and Safety Leave

 The Safety Health & Welfare at Work Act, 2005 entitles all pregnant workers and
workers who have recently given birth or are breast-feeding to a safe work
environment. The work environment must be free from health risks to either mother
or baby.

 Employers must carry out a risk assessment of the company. If a risk has been
identified this must be removed. If this is not possible the employer should transfer
the employee to suitable alternative work (alternative work must be appropriate to the
employee in all circumstances). However, if this is not available the employee should
then be placed on Health and Safety Leave.

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 The employer must furnish the employee who is placed on Health and Safety Leave
with a certificate if she asks for one. This certificate should state the reason for the
leave, the commencement date and how long the leave is expected to last. The
employee who has been granted leave maybe required to present this certificate to the
Department of Social and Family Affairs so that she may receive health and safety
benefit.

 The employer must pay the employee her full normal rate of pay for the first 21 days
of her leave. After this period the employee may be entitled to a Social Welfare
Benefit, subject to her PRSI contributions. The employee claming this benefit may
be requested to present the certificate of Health and Safety Leave to the Department
of Social and Family Affairs.
NOTE: The employer must carry out a risk assessment and take the appropriate action
once he/she is made aware that the employee is pregnant, recently given birth or
breastfeeding. The employee may decide to inform her employer through her supervisor,
or by her doctor directly contacting the employer.

Returning to Work after Health and Safety Leave

 This leave ends when there is no longer a risk, suitable work becomes available or
with the commencement of Maternity Leave. If the employee is on a fixed term
contract, the leave ends on the day the contract expires. The Health and Safety Leave
relating to breast-feeding mothers ends if she ceases to breast-feed. If the employee
has not ceased breast feeding the leave will automatically cease by the end of the 26 th
week following the birth of the child.
 If the employee ceases to be pregnant or ceases breast-feeding she must immediately
give notice in writing to her employer. The employer must then enable the employee
to return to her previously held position as soon as possible. The employer must send
notification of this to the employee in writing, the employer must be satisfied that it is
safe for the employee to return before sending this notice. The employee must return
to work no later than seven days after receiving this notice. If the employer removes
the risk or finds suitable alternative employment for the employee the same procedure
applies i.e. send notification in writing to the employee and allow the employee 7
days after receiving the notification to return to work.

Breastfeeding
An employee who is breastfeeding is entitled without loss of pay for 26 weeks
following the birth, at the option of her employer, to
– Time off from her work to breastfeed in the workplace or
– A reduction of working hours for breastfeeding outside work

Breastfeeding is defined to include expressing breast milk and feeding it to a child

immediately or storing it for the purposes of feeding it to the child at a later time.

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An employer is not required to provide facilities for breastfeeding in the workplace where
it would cost more than nominal cost.

An employee who is breastfeeding in work is entitled, without loss of pay to take 1 hour
from her work each working day as a breastfeeding break which may be taken in the form
of: Time off From Work or

• One 60 minute break

• Two 30 minute breaks
• Three 20 minute breaks
or
as agreed by her and her employer.
An employee who is breastfeeding outside work is entitled without loss of pay to have
her working hours reduced by 1 hour each working day, which may be reduced in the
form of
• One 60 minutes
• Two periods of 30 minutes
• Three periods of 20 minutes
or
as agreed by her and her employer.

Notification requirements
Where an employee who is breastfeeding proposes to take time off from her work or have
reduced working hours she must notify her employer in writing of the proposal as soon
as reasonably practicable but not later than the latest date for her to notify her employer
of her intention to return to work, and of the date on which she expects to return to work
and
 Furnish on request the birth certificate of the child (or any other document
establishing the date of birth of the child).

Disputes
Either the employee or the employer can refer a dispute that relates to rights or
entitlements under the Maternity Acts to the Workplace Relations Commission.

79
 Sample Maternity Leave Policy And Form
Maternity Leave
If you are expecting a baby you are entitled to paid Maternity Leave for a minimum
period of twenty six weeks. During this period you can claim social welfare from the
Department of Social and Family Affair. (EMPLOYERS See Note at end)

Of these twenty six weeks, two weeks must be taken before the expected date of delivery
and four weeks after. The remaining weeks may be taken as you wish. You may apply
to alter the commencement date provided the application is for medical reasons and a
certificate is produced from your doctor.

In the event that you give birth later than expected, you are entitled to at least four weeks
leave after the birth. In the event that you give birth prematurely you are also entitled to
minimum period of 26 weeks.

You are required to advise the Company in writing four weeks before the commencement
of your maternity leave. A Doctor’s Certificate stating the expected date of delivery and
a note regarding your intentions regarding the return to work must also be provided.

You may also take a further sixteen weeks unpaid leave if you wish. Notice of additional
leave must be given to the Company at least four weeks before your maternity leave is
due to expire. Notification must be given to the Company as soon as possible after the
confinement, but not less than four weeks of the planned date of return to work.

Full details of the Maternity Protection Act 1994 & 2004 are available from
______________.

NOTE: It is not statutory for employers to pay Maternity Leave. Employees are
only entitled to state benefit during Maternity Leave.

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 Sample Maternity Leave Form

Employee Name:________________________ Employee No.___________________________

Home Address:__________________________
Department:_____________________________

Employment Start Date: __________________ Part- Time Full-time Job-

Sharer

Personal Details
Home Address:_____________________________ Home Phone
Number:__________________________

__________________________________________ Contact
Number:_______________________________

Maternity Leave Details

Date of Leave Commencement:________________ No. of Public Holidays while on
leave_______________

Expected Date of Confinement:____________________

(A certificate showing the date of expected confinement must accompany this application form)

Expected Date of Return to Work:______________________

Additional Maternity Leave

Please note that you must notify the ____________(Department) 4 weeks prior to the end of your

maternity leave if you wish to take the 16 weeks additional leave. This leave is unpaid and you will

not be entitled to social welfare payments under the Maternity Act 1994 & 2004 during these 16

weeks.

Are the 16 weeks additional Leave being taken: Yes No

Expected Date of Return to Work:_________________________

Employee Signature____________________________ Date:_______________________

Managers Signature____________________________ Date:_______________________

----------------------------------------------------------------------------------------------------------
-
Confirmation of Intent to Return to Work
Name: ______________________________________ Employee
No.______________________
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Department:____________________________________

Date of Confinement Was:________________________

 Adoptive Leave
Adoptive leave is covered under the Adoptive Leave Acts 1995 & 2005. An adopting
mother or a sole male adopter who is in employment is entitled to:
 A minimum of 24 consecutive weeks of adoptive leave from work beginning on
the day of placement of the child.
 Up to 16 weeks additional adoptive leave.

The 24 week period of adoptive leave will attract a social welfare benefit in the majority
of cases. The minimum of 24 consecutive weeks adoptive leave is available at the request
of the employee. There are mandatory notification procedures and evidence of placement
requirements and these are set out below – (see ‘notification’). Absence from work on
adoptive leave will not affect any right of an employee related to the employment, except
the right to remuneration.

Additional Adoptive Leave

An employee, who has taken adoptive leave, is entitled to avail of up to 16 weeks
additional adoptive leave. The leave is available at the request of the employee and
follows immediately on the period of adoptive leave. Entitlement to the leave is subject to
notification requirements and these are set out below. During an absence from work on
additional adoptive leave, the period of employment before the absence will be regarded
as continuous with the period of employment after the absence.

Additional Adoptive Leave (Foreign Adoption)

In the case of a foreign adoption, some or all of the 16 weeks additional adoptive leave
may be taken immediately before the day of placement. The leave is available at the
request of the employee and entitlement is subject to the notification and evidence
requirements set out below.

The leave is available to:

 An employed adopting mother: that is, any female employee in
whose care a child (of whom she is not the natural mother) has
been placed or is to be placed with a view to the making of an
adoption order, or to the effecting of a foreign adoption or following
any such adoption.

 A sole male adopter: that is, a male employee in whose sole care a
child has been placed or is to be placed with a view to the making
of an adoption order, or to the effecting of a foreign adoption or
following any such adoption.

 An employed adopting father is also entitled to certain leave in circumstances

where the adopting mother has died before or during the period of adoptive leave
or additional adoptive leave.

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Eligibility
There is a right to return to work after a period of adoptive leave or additional adoptive
leave. There are mandatory notification requirements and these are set out below.

Notification
An employee must give adequate notice, in writing, to her/his employer of her intention
to take adoptive leave. The minimum advance notice of such intention is 4 weeks before
the expected placement of the child. The expected day of placement may be given later.
An employee must inform her/his employer, in writing, of the expected date of placement
of the child as soon as is reasonably practicable.

Additional Adoptive Leave

An employee must inform her/his employer, in writing, at least 4 weeks beforehand of
her intention to take additional adoptive leave.

Return to Work
An employee must inform her/his employer, in writing, at least 4 weeks beforehand of
the date on which she/he intends to return to work after adoptive leave or additional
adoptive leave.

Notification Requirements
Irish Adoption
An eligible employee who has commenced adoptive leave must furnish her/his employer
with a certificate of placement. The certificate must be furnished as soon is reasonably
practicable but no later than 4 weeks after the day of placement. The certificate may be
obtained by the employee from the health board or the adoption society which arranged
the placement. An Bord Uchtala will issue the certificate of placement in other Irish
placement cases.

Foreign Adoption
An eligible employee must give her/his employer a copy of the declaration of eligibility
and suitability (issued pursuant to the Adoption Act, 1991) before the commencement of
adoptive leave or additional adoptive leave (whichever is the earlier). Particulars of the
placement must be furnished as soon as is reasonably practicable thereafter.

Evidence of the Placement

Redress
There is provision for recourse to the Workplace Relations Commission, in the first
instance, in the event of a dispute between an employer and an employee as regards
entitlements under the legislation. There is a right of appeal to the Labour Court. A
dismissal which results from the exercise or contemplated exercise of the rights to
adoptive leave or additional adoptive leave will be regarded as an unfair dismissal, unless
there are substantial grounds justifying the dismissal. Redress in this case will be under
the Unfair Dismissals Acts, 1977 to 2005.

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 Parental/Force Majeure Leave
The Parental Leave Act 1998 and (amendment) Act 2006 were introduced to allow
working parents leave to look after their children. Parental Leave must be used for this
purpose only. If it is found through investigation that the leave was not used for this
purpose the employee may be subjected to a disciplinary action. The Act enables both
parents to avail of 18 weeks unpaid leave from employment. The leave must be taken
before the child is eight years of age, or sixteen years of age in the case of a child with a
disability.

Summary Points
 Both parents are entitled to the leave. This leave is non-transferable between the
parents, except where both parents work for the same employer. However, this
depends on the agreement of the employer.
 In general, employees must be in one years-continuous service to be entitled to
take parental leave, with limited exceptions. However, where the child is
approaching the age threshold and the employee has more than three months' but
less than one year's service with the employer, s/he shall be entitled to pro rata
parental leave. In such a case the employee will be entitled to one week's leave for
every month of continuous employment completed with the employer when the
leave begins.
 Each parent is entitled to 18 weeks leave for each child up to 8 years of age or 16
in the case of a child with a disability.
 This leave may be taken for a continuous period of 18 weeks or in separate blocks
of 6 continuous weeks, or more favourable terms with the agreement of the
employer. Employers should consider these requests and take into consideration
the company’s needs and if the employer is unable to meet the employee’s request
for leave, the employer may then decide to grant the leave in broken periods.
 This leave is unpaid but other employee rights remain (except the right to
remuneration and superannuation benefits).
 Employers may postpone the leave if it would adversely affect his/her business.
However the leave must not be postponed more than 6 months from the original
date.
 Should an employee qualify for Parental Leave in respect of more than one child,
the employee may not take more than 18 weeks Parental Leave in any 12-month
period (unless the employer agrees to it). This restriction does not apply to
multiple births e.g. twins.
 An employee who falls ill while on parental leave and as a result is unable to care
for the child may suspend the parental leave for the duration of the illness
following which period the parental leave recommences.

Notice
 Six weeks notice must be given of intention to take Parental Leave.

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 The notice must specify the date the employee intends to commence the leave,
duration and manner.
 Four weeks before the start of the parental leave, the employer must prepare a
“confirmation document” which both employer and employee must sign.

Return to Work
The employee has the right to return to the same job held before the leave and under the
same contract, terms and conditions. If this is not reasonably practicable, the employer
has to provide suitable alternative employment.

FORCE MAJEURE LEAVE

The Parental Leave Act also provides that an employee is entitled to leave with pay from
his or her employment for urgent family reasons, owing to the injury or illness of any of
the persons listed below: -

 a child or adoptive child of the employee;

 the spouse of the employee, or a person with whom the employee is living as
husband or wife;
 a person to whom the employee is in loco parentis;
 a brother or sister of the employee;
 a parent or grandparent of the employee;
 persons in a relationship of domestic dependency , including same-sex partners.

And that the immediate presence of the employee is indispensable.

The employee shall therefore be entitled to “Force Majeure” leave. This is paid leave,
with a maximum of 3 days leave in 12 months or 5 days in a 36-month period.

Notice
 Employees are required to submit a request to the employer as soon, as is reasonable
and practicable, stating their relationship to the relative and the nature of the
illness/injury. (Forms may include employee’s name, RSI No., employers name and
address and also the name and address of the person to whom the leave relates.)
 The notice must state the dates on which the leave was taken.
 The employee must confirm that the emergency leave was taken due to urgent family
reasons arising from the illness or injury and rendering the presence of the employee
indispensable.
 The employee must sign a declaration that the information is true and complete.

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Records
 An employer must keep records of Parental leave and Force Majeure Leave taken by
employees for 8 years.

Disputes
Employees and employers are entitled to refer a dispute in relation to an entitlement
under the Act to the Workplace Relations Commission. Disputes concerning the
dismissal of an employee are dealt with under the provisions of the Unfair Dismissals
Acts, 1977 to 2005.

A reference to the Workplace Relations Commission concerning a dispute under the Act
must be made in writing within 6 months of the occurrence of the dispute. Regulations
made under the Act set out the details to be provided in such a reference.

Appeal
Either party may appeal a decision of the Workplace Relations Commission to the
Labour Court. This appeal must be lodged within 42 days.

Redress
The Workplace Relations Commission or Labour Court may order redress, as they
consider appropriate, comprising either or both of the following:
- the granting of parental leave for a specified period to be taken at such time or
times and in such manner as may be specified;
- the payment to the employee by the employer of compensation not exceeding 20
weeks' remuneration.

The Workplace Relations Commission or Labour Court may direct either party to the
dispute to do such things as are considered necessary or expedient for the resolution of
the dispute.

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 Sample Document - Parental Leave
Parental Leave is covered by the Parental Leave Act 1998 (amendment) 2006. Each
parent who qualifies for Statutory Parental Leave has a once off entitlement to 18 weeks
unpaid leave for each child covered by the Act.

Qualifying Conditions are that you must have one year’s continuous service Parental
leave may only be taken up to the time the child attains 8 years of age or 16 years of age
in the case of a child with a disability. The parental leave entitlement is not transferable
between parents. But for parents who are both working within the company it is
transferable on the agreement of the Company.

This leave may be taken for a continuous period of 18 weeks or in separate blocks of 6
continuous weeks, or more favourable terms with the agreement of the employer. If you
are a parent with two children of qualifying ages you can only have a 18 weeks leave in
any 12 months period. The only exception to this rule is for parents of multiple births;
you can use all the Parental Leave entitlement in one year. You are requested to give
notification as early as possible but not less than six weeks in advance, to____________
of your intention to take Parental Leave. You will be requested to furnish a copy of the
child’s birth certificate along with your application form for Parental Leave. And as far
as reasonably practical set out the duration and the manner in which it is proposed to take
the leave. You will, not less than 4 weeks prior to your commencement date, be given
confirmation of the leave by _____________.
If you have less than one year’s continuous employment and the child will be above the
age by which leave must be used, then provided that you have three months continuous
employment, you will be entitled to one week for each month of continuous employment.
You may also withdraw your notice to take parental leave prior to the “Confirmation
Document” being signed.

Prior to signing the Confirmation Document the company has the right to postpone the
granting of parental leave in the following circumstances:

- If the granting of it at a certain time would have a substantial adverse effect on the
operation of the business because of seasonal variations in the volume of work,
- The unavailability of a person to carry out the duties of an employee
- The nature of employees in the employment,
- The number of employees already availing of Parental Leave that falls within the
period specified in the application,
- Any other relevant matters.

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You will be consulted prior to the postponing of Parental Leave. The Parental Leave can
be postponed for at most 6 months. At least 4 weeks before the intended commencement
date, you will be informed in writing of the postponement.
Leave will not be postponed once the “Confirmation Document” has been signed unless
both you and ___________(employer) are in agreement with the postponement.
Termination of the leave will occur, if the leave is not used for the sole purpose of taking
care of the child concerned. If it is established that parental leave is being abused, it will
be withdrawn by notice in writing setting out the reasons why the leave is being
terminated. You may also be subjected to a disciplinary process. If it is established that
you are not entitled to Parental Leave, it will be refused by means of a statement in
writing setting out the grounds for refusing to grant the leave.
If you are ill while on parental leave and as a result are unable to care for the child, you
may with the prior agreement of the company and on forwarding the relevant medical
certificates, suspend the parental leave for the duration of the illness following which
period the parental leave recommences.
While you are on Parental Leave, you shall retain all employment rights other than the
right to remuneration and pension benefits. Annual leave entitlement will not be adjusted
in respect of parental leave, and you will retain the entitlement to Public Holidays which
fall during a period of the Parental Leave, such holidays can be added on to the period of
Parental Leave or take payment in lieu.
You shall also retain the right to return to work to the same position as previously held.
Where it is not reasonably practical to return to the job held prior to the commencement
of Parental Leave you will be offered suitable alternative employment which will not be
less favourable than your current contract of employment.

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 Careers’ Leave

The Carer’s Leave Act, 2001 came into operation on July 2001. The main purpose of the
Act is to provide for a new entitlement for employees to avail of up to 104 weeks
temporary unpaid carer’s leave to enable them to personally provide full-time care for
persons who are in need of such care (hereafter referred to as a “relevant person”).

During an absence on Carer’s Leave, an employee shall be regarded as still working in

the employment for all purposes relating to his or her employment and none of his or her
rights or obligations relating to the employment shall be affected by taking the leave with
the following exceptions:

 There is no right to remuneration or superannuation benefits and any obligation to

pay superannuation contributions in, or in respect of employment.
 The right to annual leave is restricted to the period comprising the first 13 weeks only
of Carers Leave entitlement in respect of any one relevant person.
 The right to public holidays is likewise restricted to the period comprising the first 13
weeks only of Carer’s Leave entitlement in respect of any one relevant person.

Absence from employment while on Carer’s Leave shall not be treated as part of any
other leave to which the employee is entitled (e.g. sick leave, annual leave, adoptive
leave, maternity leave, parental leave or force majeure leave).

The period of leave to which an employee is entitled is subject to a maximum of 104

weeks in respect of any once care recipient. The minimum statutory entitlement is 13
weeks.

The employee must have been in the continuous employment with their employer for at
least 12 months before he/she can commence the leave.

The leave is for the purpose of personally providing full-time care to a person who is
objectively assessed by the Department of Social, Community and Family Affairs as
being in need of full-time care and attention. This decision will be based on information
provided by the relevant person’s general medical practitioner and assessed by the
Department’s medical advisor. However, under Regulations made by the Minister an
employee may work or attend an educational or training course or take up voluntary or
community work for up to 10 hours per week or engage in limited self-employment in
his/her own home while on carer’s leave.

Before an employee can commence Carer’s Leave, he/she must provide the employer
with a copy of the decision of a deciding officer (or appeals officer) of the Department of
Social, Community and Family Affairs, that the relevant person has been medically
certified as being in need of full-time care and attention.

The act provides that the leave shall be taken in one of the following ways:

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- One continuous period of 104 weeks, or
- One or more periods, the total duration of which amounts to not more than 104
weeks.
The minimum statutory entitlement that may be taken in one period at the discretion of
the employee is 13 weeks.

An employer may refuse, on reasonable grounds, given in writing, to permit an employee

to take carer’s leave for a period of less than 13 weeks.

An employer and employee may, however, agree arrangements for Carer’s Leave on
terms more favourable to the employee.

The leave terminates when the employee ceases to personally provide the full-time care
and attention to the relevant person, for example, when another person/institution
assumes the care of the relevant person concerned. The employee must notify his/her
employer of any change of circumstances, which affects his or her entitlement to carer’s
leave.

Only one employee may be on carer’s leave in respect of any one person, at any one time.

Notification of Intention to take Carer’s Leave

The employee must give the employer in writing at least 6 weeks notice of their intention
to take carer’s leave, except where in exceptional or emergency circumstances, it is not
reasonably practicable, in which case, notice must be given as soon as it reasonably
practicable. The statement of notice must contain the following details:-
- the date on which the employee intends to commence the leave
- the duration of the leave
- the manner in which the employee proposes to take the leave
- a statement that an application for a decision in the first instance or on appeal that the
person to be cared for is a relevant person for the purposes of Carer’s Leave, has been
made to the Department of Social and Family Affairs.
- The employee’s signature and date.
(See sample “Notice of Intention to Take Carer’s Leave” Page: 27)

Confirmation of Carer’s Leave

Once an employee has given notice of his or her intention to take Carer’s Leave:-
- The employee must give the employer a copy of the decision from the deciding
officer (or appeals officer) of the Department of Social and Family Affairs that the
person in respect of whom the employee proposes to avail of Carer’s Leave is a
relevant person.
- The employee and the employer must prepare a confirmation document. This
document must be prepared and signed no later than two weeks before the leave is
due to begin and must include: date of which the leave period will commence, the
duration of the period of leave and the signatures of the employer and employee.

Once a Confirmation Document has been signed by both the employer and the employee,
it cannot be altered unless both parties agree.

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The leave shall also terminate when a deciding officer or an appeals officer of the
Department of Social and Family Affairs, makes a decision, on reference by an employer,
that either the employee or the person in respect of whose care the leave is taken, does
not satisfy the conditions applicable to him/her.

Carer’s leave shall continue for up to six weeks after the death of the relevant person,
subject to the period of carer’s leave in the Confirmation Document not having expired.

The employee on carer’s leave will be treated as if he or she has not been absent so that
all his/her employment rights (except the right to remuneration, certain annual leave,
certain public holidays, superannuation benefit, etc) will be unaffected during the leave.

Probation period or apprenticeship may be suspended during carer’s leave, if the

employer considers that continuance would be consistent with the carer’s leave.

Return to Work
The employee on Carer’s Leave must give the employer written notice of his/her
intention to return to work not less than 4 weeks before the date on which the employee is
due to return to work.

An employee is entitled to return to work at the end of a period of Carer’s Leave to the
employer with whom they were working immediately before the absence, or with his or
her successor, in the job held immediately prior to the leave and under the same contract
and terms and conditions of employment. If the business has changed ownership during
the period of absence they are entitled to work with the new owner under a contract of
employment identical to the contract that existed with the original employer.

Records
An employer must make a record of the Carer’s Leave taken by his/her employees,
specifying the period of employment of each employee and the dates and times of the
leave taken. Such Records must be retained for 8 years.

Protection against Penalisation including Dismissal

The Carer’s Leave Act, 2001 prohibits an employer from penalising an employee on
grounds that he/she has exercised or proposes to exercise his/her rights to Carer’s Leave.

Disputes
A claim for redress can be made by an employee to the Workplace Relations Commission
in the first instance with a right of appeal to the Labour Court.

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 SAMPLE

NOTICE OF INTENTION TO TAKE CARER’S LEAVE

I________________________ hereby notify my employer________________

that I propose to take Carer’s Leave in accordance with the provisions of the

Carer’s Leave Act, 2001, with effect from_____________ to______________

To provide full-time care and attention to__________________.

I propose to take the Carer’s Leave in the following manner:

a) one continuous period of 104 weeks ________

b) in periods of__________ weeks/months (each of which must be of a least 13

weeks (unless otherwise agreed with employer) duration – the aggregate of which
does not exceed 104 weeks).

I wish to confirm that I have made an application to the Department of Social

and Family Affairs for a decision of a deciding officer of the that

Department that ________________ in respect of whom I propose to take

Carer’s Leave, is a relevant person (i.e. is in need of full-time care and

attention) for the purposes of Social Welfare (Consolidation) Act, 1993.

Signature:_________________ Date:_____________________

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 SAMPLE

CONFIRMATION DOCUMENT

Name of Employee:________________________________________________

Name of Employer:_________________________________________________

Commencement date of Period(s) of Carer’s Leave:_____________________

Duration of Period(s) of Carer’s Leave:_______________________________

_______________________________________________________________

_______________________________________________________________

SIGNATURES:

Employee:______________________________ Date:________________

Employer:_______________________________ Date:________________

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 Jury Duty
The Juries Act 1976 (Section 29) places a duty on an employer to allow employees attend
for jury service. It is further specified in the law that time spent on jury service is to be
treated as if the employee were actually employed. In other words, employees are entitled
to be paid while away from work. Anyone with a contract of employment (i.e., temporary
workers, contract workers, etc.) is entitled to be paid by their employer while they are on
jury service. There should also be no loss of any other employment rights while serving
on a jury. The Jury office will provide a certificate of attendance on request.

Absenteeism
Attendance at work is an essential condition of an employee's contract. Therefore, whilst
some absence, other than statutory entitlements, may arise, where a clear pattern
develops, casual or long term, certified or uncertified, an employer is entitled to review
that person’s ability to commit themselves to attending work regularly. Where it is
reasonable to show that the employee is unable to make such a commitment, then the
employee may be entitled to terminate the employment. When applying such sanctions it
is important that the same standards are applied to all employees and that the employer is
being consistent.

Casual Absenteeism / Short term

If an employee has an unacceptable level of casual absenteeism, it is important, in order
to justify a dismissal that the employer will be expected to show that the employee had: -

- A continuing pattern of absences over a protracted period,

- That it was reasonable to conclude that the position would not improve
substantially or at all,
- The continuation of that level of absenteeism was unacceptable and
- A number of warnings had been given to the employee on the consequences of
continuation.

Long Term Absenteeism

Where an employee is absent from employment for a prolonged period, an employer may
be justified in terminating the contract of employment. The considerations, which apply
in such cases, include the following:

- The continuing absence poses actual or potential problems for the employer
- There is no reasonable prospect of an early return to work

Note – If there is a conflict of medical evidence, the employer will generally be expected
to seek the opinion of a medical specialist.

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In examining the medical evidence, the employer will be expected to have regard to the
ability of the employee to return to perform the work that he/she is employed to do. If
the employee will not be able to do such work, the employer will not be expected to
create work for the benefit of the employee.

Sick Leave
There is no legal obligation on an employer to provide an occupational sick pay
scheme for employees.

Unless
a) There is a clause in the contract of employment that incorporates a sick pay scheme.
Employees then have a right to same; or
b) If there is no formal sick pay scheme in place, and it has become normal practice for
the company to pay an employee when absent through illness, a right to such sick
pay entitlements may be established through custom and practice; or
c) If the company is covered by a registered agreement which provides for sick pay
benefits this would then be legally binding; or
d) If the industry was covered by a Joint Labour Committee, the company may be
obliged to comply with this provision.
Points of Interest
Control Mechanisms should be put in place for sick leave schemes. These are quite
simple and usually reflect the culture of the organisation. For instance some
Organisations will have informal policies in place pertaining to sick leave and others will
have formal. Regardless of the type of policies formal or informal these may include
points such as:-
 The type of sick leave i.e. is it up to the discretion of the company? If it is up to the
discretion of the company, this conveys a message that there is no absolute right to
the employee for sick pay.
 Are only long service employees entitled to sick pay? If this is case, what is the
length of time i.e. 6 months/1year, etc?
 When the employee is ill, whom should they notify in the company of their absence,
and before what time?
 Are payments only made for certified illness? If so, when will the employee be
required to submit medical certificates? The norm is usually that the certificate will
be requested on the third day of the illness and then certificates should be furnished
on a weekly basis thereafter. Additionally the company may request certificates for
absences from work on Friday and the following Monday. Payments would not
normally be paid for the first thee days of any illness.
 What will be required on the certificates? Certificates should include the date of
commencement of sick leave; nature of the illness (which is at the discretion of the

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 doctor), the probable date of resumption of duty, the name, address and stamp of the
doctor;
 Casual sick leave (which is uncertified sick leave) - will payments be made for this
leave? If so will employees need to state an explanation, verbal or written, stating the
nature of the illness and to whom? Some Organisations curb the amount of casual
sick days by stating the amount allowed in a year. A year can be based on a calendar
year or on a 12 month rolling basis within a 3-year period. This practice would not be
recommended.

 What is the length of time that sick payments will be made? Some companies will
only pay sick leave for a short number of weeks. An example would be that
employees may receive full or basic pay for 4 weeks (less Social Welfare), then half
pay for an additional 4 weeks pay from the Company and then sick pay will cease.
(time-frames are only an example). From this point on employees will only receive
payments from the Department of Social and Family Affairs. This can be based on a
yearly period or on any rolling year in a three-year period, etc. This fixes the number
of days that payment will be made to employees.
 What happens with the event of an accident at work? Conditions for payment should
be established in the event of this occurring. i.e. (a) the accident should be reported
immediately, (b) medical treatment should be sought straight away, (c) sick leave
policies should state that payments by the employer are not obligatory and without
prejudice, (d) payments made are not an admission of liability or negligence on the
part of the company/employer.
 The company may request an employee to be referred to a company doctor. If the
company wishes to avail of this they should state this in the sick leave policy. E.g. In
all cases of sick absences the company reserves the right to refer the case to a Doctor
nominated by the Company. This may involve a medical examination of the employee.
Or
In the case of employees returning to work after a long period of absences the
company may wish the employee to attend for examination by the company doctor.
E.g. Before returning to work after serious or prolonged sickness, the company may
refer the employee for examination to a company doctor.
When will payments not be made?
- Failure to furnish certificates.
- Illness caused by substance abuse.
- Illness/injury caused by dangerous sports (i.e. martial arts, mountaineering,
skiing, parachuting, flying as a hobby, hang gliding, etc)
- Illness/Injury arising from failure to abide by company health and safety rules.
- Failures to comply with regulations of sick leave policy i.e. reporting absence,
attending company doctor etc.
- Illness/Injury caused whilst working for another employer.
- Illness during strike period in which the employee is participating in.

 What is the measures put in place for employees abusing the sick pay scheme?
Normally this will result in the cessation of sick leave payments, followed with a

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 disciplinary hearing. In severe cases this may also result in the employee being
suspended from the sick pay scheme for a period of time, and or certificates being
requested on each absence. This should be built into the company policy for sick
leave.

 Can annual leave be used in place of sick leave?

This normally occurs when there is no payment for sick leave or where the employee
has used up all their entitlements. However, this is not allowed under Organisation of
Working Time Act, 1997. If employees are ill on holidays and have supplied a
medical certificate stating that the employee will then retain their annual leave
entitlements to be taken at a later stage. When they have already received holiday
pay they will not be entitled to holiday pay again. Also, if the company allow an
employee to take a day's leave when they do not want to come to work because they
are feeling unwell this will undermine the requirement for the employee to have to
give advance notice for holidays.
 Is it important to monitor and record absenteeism?
Without a doubt, yes. Ensuring the absenteeism is recorded and monitored will show
patterns, trends and levels of employee(s) absenteeism which, will need to be
addressed. Absenteeism may also show up areas of difficulties within your work
force. For instance if individuals are out sick on a constant basis this may well be
valid, however it may show that individuals are preferring not to come into work
during a specific period each time. This can either be abuse of the sick leave or a
cause such as the employee avoiding work due to harassment/bullying taking place.
High levels of long-term or casual absenteeism will require an investigation to be put
into place.
 Return to work interviews
This is a good practice as it allows the company to talk to someone each time they are
absent to ascertain why they are out from work. It also means the employee cannot
simply stroll back into work after being sick and no comment being passed.

97
 Sample Sick Leave Record Form
Employee Name: _____________________ Employee Number:_________

Job Title: ______________________Department:_____________________

Dates Dates Amount of Nature of Certified Uncertified Cert. Received

To From Days Taken Illness

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 SECTION 4 – PAYMENT OF
WAGES
The Payment of Wages Act 1991 establishes a range of legally acceptable modes of wage
payment. The Act also defines the circumstances in which deductions may be made and
the nature of deductions permitted. The main provisions of the Act are outlined in this
section.

The Employment Equality Act 1998, which basically gives an entitlement to equal pay
for “like work” not only between males and females but between persons of different
marital and family status, sexual orientation, religious belief/backgrounds, age, disability,
race, or members of the travelling community who carry out the same work

Summary Points
 The Act applies to all employees including apprentices.

 The lawful means by which an employer may pay wages include:

- Cheque
- Bank draft
- Postal order
- Money Order
- Credit transfer (to an account specified by the employee)
- Cash

 A written statement specifying the gross amount and the nature and amount of
any deductions must accompany payment, in an itemised format.
 Deductions from wages other than statutory deductions must not be made without
the prior written consent of the employee.
 Employees who, prior to the coming into force of the Act, were being paid in
cash, or by any other lawful method, are entitled to continue to be paid by this
method unless another legal mode is agreed between the employer and the
employee.
Wages
 Wages mean any sum payable to the employee by the employer and include the
following:
- Normal basic pay including overtime
- Shift allowances or similar payments
- Any fee, Bonus payments, or Commission
- Holiday pay, Sick or Maternity pay
- Any other payment for work whether under a contract or not
- Any pay due to an employee in lieu of termination notice.
 The following payments are not included

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 - Expenses
- Pension
- Redundancy payments
- Any payment to the employee other than in his/her capacity as an
employee
- Benefit in kind

Itemised Pay Statements

With each wage payment, the employer must provide a written statement specifying:
 The gross amount of the wage to the employee and
 The nature and amount of any deduction.
The employer must ensure that the information contained in the statement is treated as
confidential. If payment is by credit transfer, (which is specified by the employee) then
the statement must be given as soon as possible thereafter.

Deductions
 An employer shall not make a deduction unless:
- The deduction is statutory in nature, e.g., PRSI, PAYE or
- The deduction is agreed by both employer and employee and is a term of the
contract of employment e.g., VHI, pension contributions or
- The deduction has been consented to in writing by the employee.
 A deduction may not be made in respect of:
1. Any act or omission of the employee or
2. Goods or services provided to the employee by the employer which are
necessary to the employment unless:
- Agreed to in the contract of employment or
- The employee is notified in writing of the likelihood of such deductions
prior to the act or omission (at least one week). Where a written contract
exists, a copy of the term of the contract, which provides for the deduction
of payment must be given to the employee. In any other case, the
employee must be given written notice of the existence and effect of the
term.

 In addition
- The amount of the deduction must be fair and reasonable and have regard to
the amount of the wages of the employee concerned.
- Prior to a deduction in respect of an act or omission, the employee must
receive written notice of the amount of the deduction to be made and
particulars of the act or omission at least one week in advance of the
deduction being made.
- The deduction must not exceed the amount or the cost of the damage
sustained by the employer. If in respect of goods or services provided, the
deduction must not exceed the cost of those goods or services.
- A deduction must take place within six months of the act or omission of the
provision of the goods or services. Where there are likely to be a series of

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 deductions arising but of the same incident, the first deduction must be made
not later than 6 months after the provision of the goods or services, or the act
or omission becomes known to the employer.
 A deduction by virtue of a period of suspension without pay shall not be valid
unless a term of the employee's contract allows for same or unless the employee
is furnished with particulars of the deduction at least one week in advance of its
occurrence.

NOTE: Where the employer accepts a payment in place of a deduction and this
satisfies the above conditions the employer must issue a receipt to the employee.
The restrictions outlined above do not apply to deductions made in respect of an
overpayment of wages; where there is a legal requirement to make the deduction;
deductions arising from the employee's participation in industrial disputes or strikes;
deductions arising from Court orders or statutory disciplinary proceedings governed by
legislation.

Non Payment of Wages or Deficiency in Wages

Non payment of wages or a deficiency in the amount of any wages payable by an
employer to an employee will be regarded as an unlawful deduction unless the reason for
the inaccuracy was a computable error.

Frequency of Payment
Aside from the provisions of the Act outlined above, employers should note that they are
obliged to pay wages at the frequency agreed in the contract of employment, whether this
is expressed orally or in writing.

Disputes
Employees have the right under the Act to complain to the Workplace Relations
Commission against an unlawful deduction (or payment) from wages or in the event of
non-payment of wages.

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National Minimum Wage

The National Minimum Wage Act 2000 became law on 1st April 2000. The Act applies
to all employees, including full-time, part-time, temporary and casual employees except
the following categories of employees who are excluded from its provisions:

(i) Close relatives of the employer such as a spouse, father, mother, son, daughter, brother
and sister;

(ii) Apprentices within the meaning of the Industrial Training Act 1967 and Labour
Services Act 1987 including an apprentice printer, bricklayer, mechanic, plumber,
carpenter/joiner and electrician.

National Minimum Wage Rate

The national minimum wage rate at present is €9.15 (January 2016) for an experienced
adult worker.

Minimum Hourly Rates of Pay

The Act provides that an experienced adult worker must be paid an average hourly rate of
pay that is not less than the national minimum wage shown above in a pay reference
period. A pay reference period may be a week, a fortnight or no longer than a month. For
the purposes of the Act, an experienced adult worker is an employee who is not:

 under age 18 or
 in the first two years after the date of first employment over age 18, or
 a trainee undergoing a course that satisfies certain conditions which are set out
below.

Determining average hourly rate of pay

The gross reckonable pay earned by an employee in a pay reference period is divided by
the employee’s working hours in that pay reference period. The average hourly rate of
pay obtained must be not less than the minimum hourly rate of pay entitlement of the
employee, as detailed in the Table below.

Employee Minimum Hourly Rate of Pay

From 1 January 2016
Experienced adult worker €9.15
Under age 18 €6.41
*In the first year after the date of first €7.32
employment over age 18, whether or not
the employee changes employer during the
year
*In the second year after the date of first €8.24
employment over age 18, whether or not

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the employee changes employer during the
year
In a course of training or study over age 18,
undertaken in normal working hours
1st 1/3 period €6.86
2nd 1/3 period €7.32
3rd 1/3 period €8.24
NB Each 1/3 period must be at least 1
month and no longer than 12 months.
Experienced adult worker named by the Labour Court will decide the lower hourly
Labour Court in granting a temporary rate of pay that the employee must be paid
exemption to an employer from paying the for the period of the temporary exemption.
national minimum hourly rate of pay.
NB. Minimum period of temporary
exemption is 3 months and maximum
period is 12 months.

*Employment experience prior to age 18 is not taken into account for these rates.

The above statutory minimum hourly rates of pay are gross amounts i.e. before
tax/PRSI is deducted.

Working Hours
The working hours of an employee for the purposes of the Act include,
 Any overtime hours worked in the pay reference period,
 Any time spent on standby in the workplace, and
 Any training time during normal working hours.

Working hours for the purposes of the Act, do not include,

 the time that an employee is absent from work on annual leave, sick leave,
protective leave, adoptive leave, parental leave, while laid-off, on strike or time
for which an employee is paid in lieu of notice.

Reckonable and Non-Reckonable Pay

Reckonable pay means those payments or benefits in kind that are allowable in
calculating the average hourly rate of pay of an employee, in order to determine if the
employee has been paid his/her minimum hourly rate of pay entitlement under the Act.
The following reckonable pay components may be taken into account to determine an
employee’s average hourly rate of pay in a specific pay reference period:

1. Basic Pay.
2. Shift premium.
3. Piece and incentive rates, commission and bonuses which are productivity related.
4. If an employee receives board and lodgings, board only or lodgings only from an
employer, then the following amounts are reckonable:

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 - €54.13 for full board and lodgings per week, or €7.73 per day;
- €32.14 for full board only per week, or €4.60 per day;
- €21.85 for lodgings only per week, or €3.14 per day.
5. The amount of any service charge distributed to the employee through the payroll.
6. Any payments under section 18 of the Organisation of Working Time Act, 1997
(zero hour protection).
7. Any payment in respect of any of the above items advanced in a previous pay
reference period that relates to the specific pay reference period.
8. Any amount in respect of any of the above items earned in the specific pay
reference period and paid no later than the next following pay reference period.
9. In the case of an employee whose hours of work are not controlled by the
employer, any amount in respect of any of the above items earned in the specific
pay reference period and paid no later than the pay reference period in which the
record of working hours is received or due to be received by the employer, or the
pay reference period immediately after that.

The non-reckonable components of pay include:

1. Overtime premium.
2. Call-out premium.
3. Service pay.
4. Unsocial hours premium.
5. Any amount distributed to the employee of tips or gratuities paid into a central
fund managed by the employer and paid through the payroll.
6. Public holiday premium, Saturday premium and Sunday premium, where any
such holidays or days are worked.
7. Allowances for special or additional duties including those of a post of
responsibility.
8. Any payment of expenses incurred by the employee in carrying out his or her
employment, including travel allowance, subsistence allowance, tool allowance
and clothing allowance.
9. On-call or standby allowance.
10. Any payments for or in relation to a period of absence of the employee from the
workplace, such as sick pay, holiday pay, payment for health and safety leave
under the Maternity Protection Act, 1994 & 2004 or pay in lieu of notice, but not
including a payment made under section 18 of the Organisation of Working Time
Act, 1997 (zero hour protection).
11. Any payment by way of an allowance or gratuity in connection with the
retirement or resignation of the employee or as compensation for loss of office.
12. Pension contributions paid by the employer on behalf of the employee.
13. Any payment referable to the employee’s redundancy.
14. Any advance of a payment in the specific pay reference period relating to a
subsequent pay reference period.
15. Any payment-in-kind or benefit-in-kind, except board with lodgings, lodgings
only or board only.
16. Any payment to the employee otherwise than in his or her capacity as an
employee.

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17. Any payment representing compensation for the employee, such as for injury or
loss of tools and equipment.
18. An amount of any award under a staff suggestion scheme.
19. Any loan by the employer to the employee.

Training / Study Criteria

The criteria that a course of training or study must satisfy for the purposes of the Act, in
order for an employer to pay an employee the trainee rates, are set out in appendix 1 on
the next page. An employer, even if an employee changes his/her job, cannot pay an
employee the trainee rates a second time unless the employee undergoes a course of
training or study that is different in purpose or content from the previous training or study
undertaken by the employee.

Records
An employer must keep all records that are necessary to show whether this Act is being
complied with in relation to an employee, for at least 3 years from the date any record is
made. The records must be kept by the employer at the premises or place where the
employee works, or if the employee works at 2 or more premises or places, the premises
or place from which the activities of the employee are principally directed or controlled.

Redress
An employee may refer a complaint in relation to entitlements under the National
Minimum Wage Act 2000 to the Workplace Relations Commission.

An employee cannot refer a dispute to the Workplace Relations Commission unless the
employee has written to the employer requesting a written statement of his/her average
hourly rate of pay from the employer, in relation to a specific pay reference period or
periods that are the subject of the dispute, and has either obtained that statement, or
waited for the 4 weeks to elapse during which the employer is permitted to respond to the
employee’s request.

An employee must refer the dispute to the Workplace Relations Commission within a
period of 6 months from the date the employee obtained the written statement or, in the
case where an employer fails to supply the written statement, within 6 months from the
latest date the employer was obliged to supply the statement. This time limit may be
extended to 12 months, at the discretion of a Workplace Relations Commission
Adjudicator.

Prescribed Courses Of Study or Training

A course of study or training that satisfies the following criteria is a prescribed course of
study or training for the purposes of the National Minimum Wage Act 2000.

1. The employee’s participation in the course is directed or approved by the

employer.

2. The duration of the course is for a minimum period of 3 calendar months.

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3. Subject to number 4, the course takes place during the normal working hours of
the employee.

4. The course includes workplace training and also must involve at least 10% of
directed training or study i.e. away from ordinary operational work, which may be
within or outside of normal working hours.

5. Any fees concerned with the employee’s participation in the course which is
directed by the employer, are paid by the employer.

6. The course enables the acquisition of skills and/or knowledge expected to

enhance the work performance of the employee at the end of the course.

7. The course involves supervision of the employee during workplace training.

8. The course includes a system of recording the progress and results of the
employee. Such records must be retained by the employer for 3 years after the end
of the employee’s participation in the course.

9. The course includes an assessment and certification procedure, or written

confirmation of the employee’s completion of the course identifying the level of
employee attainment against the objectives, which must include the employee’s
signature.

10. The course is the subject of a pre-existing written document or documents

detailing the following information:
a. Its title and purpose;
b. Its objectives;
c. An outline plan of duration and approach;
d. The record system to apply;
e. The assessment and certification procedure;
f. Advice by the employer of any facilities, including any time-off, to be
given to the employee during the period of the employee’s participation in
the course to enable the employee to successfully complete the course, and
any changes to the employee’s working arrangements during the period of
the employee’s participation in the course.

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 SECTION 5 – DATA PROTECTION
The Data Protection Acts 1988 and 2003 confer certain rights on individuals with regard
to personal data as well as responsibilities on those persons processing personal data.
Those who keep data about individuals, including employers, have to comply with data
protection principles

Definitions
‘Data’ means information in a form which can be processed. It now includes both
automated data and manual data.

‘Automated data’ means, broadly speaking, any information on computer, or

information recorded with the intention of putting it on computer.

‘Manual data’ means information that is kept as part of a relevant filing system, or with
the intention that it should form part of a relevant filing system.

‘Relevant filing system’ means any set of information that, while not computerised, is
structured by reference to individuals, or by reference to criteria relating to individuals,
so that specific information relating to a particular individual is readily accessible.

‘Personal data’ means data relating to a living individual who is or can be identified
either from the data or from the data in conjunction with other information that is in, or is
likely to come into, the possession of the data controller

‘Processing’ means performing any operation or set of operations on data, including:

 Obtaining, recording or keeping the data

 Collecting, organising, storing, altering or adapting the data
 Retrieving, consulting or using the data
 Disclosing the data or information by transmitting, disseminating or otherwise
making it available
 Aligning, combining, blocking, erasing or destroying the data.

‘Blocking’ means marking the data to prevent it from being processed.

‘Data Subject’ is an individual who is the subject of personal data.

‘Data Controller’ is a person who, either alone or with others, controls the contents and
use of personal data.

‘Data Processor’ is a person who processes personal information on behalf of a data

controller, but does not include an employee of a data controller who processes such data
in the course of his/her employment.

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‘Sensitive personal data’ relates to specific categories of data which are defined as data
relating to a person’s racial origin; political opinions or religious or other beliefs;
physical or mental health; sexual life; criminal convictions or the alleged commission of
an offence; trade union membership.

Legal responsibilities of a data controller

There are certain key responsibilities in relation to the information which is processed.
These are eight data protection rules summarised below.

1 Fair Obtaining and Processing

The data or, as the case may be, the information constituting the data shall have been
obtained, and the data shall be processed, fairly. This is the fundamental principle of data
protection. If your company wishes to keep personal information about individuals on
computer, then you must collect the information fairly, and you must process (or use) the
information fairly.

This provision requires that -

a. At the time of providing personal information, individuals are made fully

aware of:
- The identity of the persons who are collecting it (though this may often
be implied)
- To what use the information will be put the persons or category of
persons to whom the information will be disclosed.

b. Secondary or future uses, which might not be obvious to individuals,

should be brought to their attention at the time of obtaining personal data.
Individuals should be given the option of saying whether or not they wish
their information to be used in these other ways.

c. If a data controller has information about people and wishes to use it for a
new purpose (which was not disclosed and perhaps not even contemplated
at the time the information was collected), he or she is obliged to give an
option to individuals to indicate whether or not they wish their information
to be used for the new purpose.

Fair Processing of personal data. Section 2A of the Acts details a number of conditions,
at least one of which must be met, in order to demonstrate that personal data are being
processed fairly. These include that the data subject has consented to the processing, or
that the processing is necessary for at least one of the following reasons:

 The performance of a contract to which the data subject is party, or

 In order to take steps at the request of the data subject prior to entering into a
contract, or
 In order to comply with a legal obligation (other than that imposed by contract),
or
 To prevent injury or other damage to the health of the data subject, or

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  To prevent serious loss or damage to the property of the data subject, or
 To protect the vital interests of the data subject where the seeking of the consent
of the data subject is likely to result in those interests being damaged, or
 For the administration of justice, or
 For the performance of a function conferred on by or under an enactment or,
 For the performance of a function of the Government or a Minister of the
Government, or
 For the performance of any other function of a public nature performed in the
public interest by a person, or
 For the purpose of the legitimate interests pursued by a data controller except
where the processing is unwarranted in any particular case by reason of prejudice
to the fundamental rights and freedoms or legitimate interests of the data subject.

Fair processing of sensitive personal data. If processing sensitive data, you must satisfy
the requirements for processing personal data set out above along with at least one of the
following conditions, set out in section 2B of the Acts:

 The data subject has given explicit consent, or

 The processing is necessary in order to exercise or perform a right or obligation
which is conferred or imposed by law on the data controller in connection with
employment, or
 The processing is necessary to prevent injury or other damage to the health of the
data subject or another person, or serious loss in respect of, or damage to,
property or otherwise to protect the vital interests of the data subject or of another
person in a case where consent cannot be given, or the data controller cannot
reasonably be expected to obtain such consent, or
 The processing is necessary to prevent injury to, or damage to the health of,
another person, or serious loss in respect of or damage to, the property of another
person, in a case where such consent has been unreasonably withheld, or
 The processing is carried out by a not for profit organisation in respect of its
members or other persons in regular contact with the organisation, or
 The information being processed has been made public as a result of steps
deliberately taken by the data subject, or
 The processing is necessary for the administration of justice, or
 The processing is necessary for the performance of a function conferred on a
person by or under an enactment, or
 The processing is necessary for the performance of a function of the Government
or a Minister of the Government, or
 The processing is necessary for the purpose of obtaining legal advice, or in
connection with legal proceedings, or is necessary for the purposes of
establishing, exercising or defending legal rights, or
 The processing is necessary for medical purposes, or
 The processing is necessary in order to obtain information for use, subject to and
in accordance with the Statistics Act, 1993, or
 The processing is necessary for the purpose of assessment of or payment of a tax
liability, or

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  The processing is necessary in relation to the administration of a Social Welfare
scheme.

2 Keep it only for one or more specified, explicit and lawful purposes
You may not keep information about people unless it is held for a specific, lawful and
clearly stated purpose. It is therefore unlawful to collect information about people
routinely and indiscriminately, without having a sound, clear and legitimate purpose for
so doing.

Data controllers who are required to register with the Data Protection Commissioner
include in their register entry a statement of their purpose for holding personal data. If
such data controllers keep or use personal data for any purpose other than the specified
purpose, they may be guilty of an offence.

3 Process and disclose it only in ways compatible with these purposes

If you obtain peronal information for a particular purpose, you may not use the data for
any other purpose, and you may not divulge the personal data to a third party, except in
ways that are "compatible" with the specified purpose. A key test of compatibility is
whether you use and disclose the data in a way in which those who supplied the
information would expect it to be used and disclosed.

4 Keep it safe and secure

Appropriate security measures must be taken against unauthorised access, or alteration,
disclosure or destruction of, the data against their accidental loss or destruction.

The security of personal information is all-important. It will be more significant in some

situations than in others, depending on such matters as confidentiality and sensitivity.
High standards of security are, nevertheless, essential for all personal information. Both
"data controllers" and "data processors" must meet the requirement to keep data secure.

Appropriate security measures.

In determining what security measures should be put in place in order to satisfy the
requirements of the Act a number of factors may be taken into consideration;

 The state of technological development - Measures must be reviewed over time.

 The cost of implementing the measures - Larger organisations with greater

resources can be expected to implement more advanced measures, or update
measures more regularly, than smaller bodies.

 The harm that might result from unlawful processing - Might someone be at a
financial loss or be at risk of suffering injury as a result of disclosure or
destruction of data?

 The nature of the data concerned - There is a greater duty of care relating to the
processing of sensitive personal data.

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Staff training and compliance
A data controller or a data processor must also ensure that staff are aware of the security
measures. This requirement may be satisfied by having appropriate training in place.

They are also responsible for ensuring that staff comply with these measures. This
requirement may be satisfied by the automatic generation of audit trails or logs, combined
with some form of internal audit or review procedure.

The use of Data Processors

If a data controller uses a third party to process data, the processing of such data should
be covered by contract. This contract should stipulate at least the following:
- the conditions under which data may be processed;
- the minimum security measures that the data processors must have in place;
- some mechanism or provision that will enable the data controller to ensure that the data
processor is compliant with the security requirement. (This might include a right of
inspection or independent audit.)

5 Keep it accurate and up-to-date data

You must ensure that the personal information you keep is accurate, complete and up-to-
date. Apart from ensuring compliance with the Acts, this requirement has an additional
importance in that you may be liable to an individual for damages if you fail to observe
the duty of care provision in the Act applying to the handling of personal data employee’s
statutory minimum hourly rate of pay entitlement.

6 Ensure that it is adequate, relevant and not excessive. The personal data you
keep should be enough to enable you to achieve your purpose, and no more. You have no
business collecting or keeping personal information that you do not need, "just in case" a
use can be found for the data in the future. You should not ask intrusive or personal
questions, if the information obtained in this way has no bearing on the specified purpose
for which you hold personal data.

7 Retain it for no longer than is necessary for the purpose or purposes.

Nowadays information can be kept cheaply and effectively on computer. This
requirement places a responsibility on data controllers to be clear about the length of time
for which data will be kept and the reason why the information is being retained. If there
is no good reason for retaining personal information, then that information should be
routinely deleted. Information should never be kept "just in case" a use can be found for it
in the future.

You should pay particular attention to old information about former customers or clients,
which might have been necessary to hold in the past for a particular purpose, but which
you do not need to hold any longer.

If you would like to retain information about customers to help you provide a better
service to them in the future, you must obtain the customers’ consent in advance. The

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same applies to paper records. Good housekeeping would also dictate that you regularly
review the need to retain records.

8 Give a copy of his/her personal data to that individual, on request

Under section 4 of the Data Protection Acts, on making a written request to you any
individual about whom you keep personal information on computer or in a relevant filing
system is entitled to:

a. A copy of the data,

b. A description of the purposes for which it is held,
c. A description of those to whom the data may be disclosed and
d. The source of the data unless this would be contrary to public interest

You are also obliged to explain to the data subject the logic used in any automated
decision making process where the decision significantly affects the individual and the
decision is solely based on the automated process. This "right of access" is subject to a
limited number of exceptions, which are listed below.

An individual making an access request must:-

 apply to you in writing,

 give any details which might be needed to help you identify him or her and locate
all the information you may keep about him/her (e.g., previous addresses,
customer account numbers).
 The individual must also pay you an access fee if you wish to charge one. You do
not need to do so, but if you do it cannot exceed €6.35.

Every individual, about whom a data controller keeps personal information on computer
or in a relevant filing system, has a number of other rights under the Acts, in addition to
the Right of Access. These include the right to

 have any inaccurate information rectified or erased,

 to have personal data taken off a direct marketing or direct mailing list and
 the right to complain to the Data Protection Commissioner.

What must you do in response to an access request?

 Supply the information to the individual within 40 days of receiving the request.
Note that, having received the access request, you cannot change or delete the
personal data which you hold just because you do not wish the data subject to see
it.
 Provide the information in a form which will be clear to the ordinary person (e.g.,
any codes must be explained).
 Ensure that you give personal information only to the individual concerned (or
someone acting on his or her behalf and with their authority). For instance, you
normally would not provide such information by phone.

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If you do not keep any information on computer or in a relevant filing system about the
individual making the request you should tell them so within the 40 days.

You are not obliged to refund any fee you may have charged for dealing with the access
request should you find you do not, in fact, keep any data. However, the fee must be
refunded if you do not comply with the request, or if you have to rectify, supplement or
erase the personal data concerned.

Limitations on the right of access to personal data

There are restrictions upon the right of access and these fall into the following groups:

 Section 5 of the Data Protection Act provides that the right of access does not
apply in a number of cases, in order to strike a balance between the rights of the
individual, on the one hand, and some important needs of civil society, on the
other hand, such as the need to investigate crime effectively, and the need to
protect the international relations of the State.
 The right of access to medical data and social workers’ data is also restricted in
some very limited circumstances, to protect the individual from hearing anything
about himself or herself which might cause serious harm to his or her physical or
mental health or emotional well-being.
 The right of access to examination results is modified slightly.
 The right of access does not include a right to see personal data about another
individual, without that other person’s consent. This is necessary to protect the
privacy rights of the other person. Where personal data consists of expressions of
opinion about the data subject by another person, the data subject has a right to
that expression of opinion except where that expression of opinion was given in
confidence.
 The obligation to comply with an access request does not apply where it is
impossible for the data controller to provide the data or where it involves a
disproportionate effort.

Transferring personal data abroad

Organisations that transfer personal data from Ireland to third countries - i.e. places
outside of the European Economic Area (EEA) - will need to ensure that the country in
question provides an adequate level of data protection. Some third countries have been
approved for this purpose by the EU Commission.

The rules regarding transfers to third countries can be summarised as follows.

1. The general rule is that personal data cannot be transferred to third countries
unless the country ensures an adequate level of data protection. The EU Commission has
prepared a list of countries that are deemed to provide an adequate standard of data
protection.

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2. If the country does not provide an adequate standard of data protection, then the
Irish data controller must rely on use of approved contractual provisions or one of the
other alternative measures, provided for in Irish Law.

3. The Data Protection Commissioner retains the power to prohibit transfers of

personal data to places outside of Ireland, if he considers that data protection rules are
likely to be contravened, and that individuals are likely to suffer damage or distress as a
result.

Enforcement
Under section 10 of the Data Protection Acts, 1988 and 2003, the Commissioner must
investigate any complaints which he receives from individuals who feel that personal
information about them is not being treated in accordance with the Act, unless he is of the
opinion that such complaints are “frivolous or vexatious”. The Commissioner notifies the
complainant in writing of his decision regarding the complaint. The Commissioner’s
decision can be appealed to the Circuit Court.

The Commissioner may also launch investigations on his own initiative, where he is of
the opinion that there might be a breach of the Act, or he considers it appropriate in order
to ensure compliance with the Acts. In practice the investigations to ensure compliance
take the form of privacy audits. The data controller gets advance notice and their aim is
to assist in improving data protection practices. It is only in the event of serious breaches
being discovered or failure of the data controller to implement recommendations that
further sanctions would be considered.

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 Sample Data Protection Policy
(Company Name) data protection policy

Data Protection Acts 1988 and 2003 Company Policy

Under the Data Protection Acts 1988 and 2003 individuals are entitled to be made aware
of the fact that data concerning them is being processed, either by an automated system or
a manual system, and are entitled to a copy of this data as defined by the Acts.

The company has established a Data Protection Policy which is outlined below.

POLICY

The company confirms its commitment to comply with the provisions of the Data
Protection Acts and to facilitate employees in:

· Knowing what data concerning them is being processed;

· Understanding why such data is being processed;

· Knowing what arrangements have been made for them to secure copies of such
documents.

In pursuance of this policy the company will

· Ensure that all employees are made aware of the personal data that is being processed
by the company;

· Ensure that all employees are made aware of the purposes for which this data is being
kept;

· Ensure that all employees are made aware of the identity of the person designated
with
the responsibility of controlling the contents and the use of personal data;

· Ensure that all employees are aware to whom, if anyone, this data will be disclosed;

· Ensure that all employees are made aware of any data which has been secured from
another data controller or third party (e.g. references);

· Ensure that all data will be processed fairly;

· Ensure that all data will be kept confidential;

· Ensure that all employees, on receipt of the appropriate application, will be supplied

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 with copies of data covered by this legislation.

Employees will:

a. ensure that they co-operate with the company in the provision of data
which is necessary for the pursuance of their contract of employment with
the company;

b. ensure that they keep the company updated of any changes to the
information that they have submitted to the company;

c. be able to request copies of personal data held on automatic systems and

copies of hardcopy data held after July 1, 2003;

d. be able to request copies of all personal data held prior to July 1, 2003

e. ensure that copies of all data received from the company are kept safe at
all times so as to reduce the need to re-issue such data.

Request Procedure
If employees wish to secure copies of their data they must submit their request in writing
to the data controller. In such a case, the company will ensure that the data, if it is
referred to under this legislation, will be provided within 40 days of receipt of their
request.

Employee information

The data controller in the company is ( XXX )

The data fairly processed by the company at present is as follows:

· Payroll and taxation information;

· Personnel records;

· Health and safety information;

· Training details;

· (Any other data processed).

Signed ________________________
Data Controller

Date ______________

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 SECTION 6 – HEALTH & SAFETY
The Safety, Health and Welfare at Work Act 2005, which came into force on 1st
September 2005, is one of the main piece of legislation that deals with health and safety
in the workplace. The Act repealed and replaced the Safety, Health and Welfare at Work
Act 1989 and was brought in to make further provision for the safety, health and welfare
of persons at work. This Act clarifies and enhances the responsibilities of employer's, the
self-employed, employees and various other parties in relation to safety and health at
work. The Act also details the role and functions of the Health and Safety Authority,
provides for a range of enforcement measures that may be applied and specifies penalties
that may be applied.

General duties of the employer

Employers have an obligation,

 To ensure the safety, health and welfare at work of his or her employees.
 To manage and conduct work activities in such a way as to ensure the safety,
health and welfare at work of all employees.
 To manage and conduct work activities in such a way as to prevent any improper
conduct or behaviour likely to endanger employees.
 As regards the place of work concerned, the employer must ensure the design,
provision and maintenance of:
- a safe, risk-free place of work,
- safe means access to and egress from it
- plant and machinery that are safe and without risk to health.
 To ensure safety and the prevention of risk arising from the use of articles or
substances or the exposure to noise, vibration, radiation or any other ionizing
agent.
 To provide systems of work that are planned, organised, performed, maintained
and revised as appropriate so as to be safe.
 To provide and maintain facilities and arrangements for the welfare of employees
at work.
 To provide information, instruction, training and supervision, where necessary.
 To implement the safety, health and welfare measures necessary for protection of
employees, as identified through risk assessments and ensuring that these
measures take account of changing circumstances and the general principles of
prevention.
 To provide protective clothing and equipment where risks cannot be eliminated or
adequately controlled.
 To prepare and revise emergency plans and procedures.
 To report accidents and dangerous occurrences to the relevant authority.
 To obtain where necessary the services of a competent person for the purpose of
ensuring safety and health at work.

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  To ensure that all safety measures take into account both fixed term and
temporary workers and that that any measures taken do not involve financial cost
to his or her employees.

Provision of information to employees

 When giving information to employees, employers must:
- Ensure that it is given in such appropriate form, manner and language that it is
likely to be understood by the employees concerned,
- Ensure that the information includes the workplace hazards and risks
identified, the protective and preventive measures taken and the names of the
safety representative and all other persons named in evacuation procedures etc.
 Where persons from other employment are engaged in work activities in an
employer's undertaking, the employer must ensure that the person's employer
receives the above information.
 The employer must ensure that the safety representative and designated competent
persons have access to:
- The risk assessment
- Information relating to reportable incidents and accident
- Information arising from protective or preventative measures.
 The employer must provide information relating to the following before a fixed
term or temporary employee commences work:
- Any potential risks
- Health surveillance
- Any special occupational qualifications or skills required
- Any increased specific risks which the work may involve

Instruction, training and supervision of employees

Employers must ensure that:

 All instruction, training and supervision is provided in a manner, form and

language that is reasonably likely to be understood.
 Employees receive, during time off from their work but without loss of pay,
adequate health, safety and welfare training including, in particular, information
and instruction relating to the specific task to be performed and measures to be
taken in an emergency.
 The employee's capabilities in relation to safety, health and welfare are taken into
account.
 In the case of a class or classes of sensitive employees or groups of employees
exposed to risks expressly provided for in the relevant statutory provisions, the
employees are protected against the dangers that specifically affect them.
 Training must be adapted to take account of new or changed risks in the
workplace.
 Training must be provided:
- on recruitment
- when an employee is transferred or tasks change

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 - on the introduction of new or changed work equipment or work systems
- on the introduction of new technology
 All contractors etc, carrying out work in the employer's premises must receive
relevant safety instructions.

Emergencies, serious and imminent dangers

The employer must provide adequate plans and procedures to be followed and measures
to be taken in the case of emergency or serious and imminent danger.

These plans should:

 Provide measures for first aid, fire-fighting and premises evacuation taking into
account of the nature of the work being carried out and the size of the place of
work.
 Arrange necessary contacts with appropriate emergency services (first aid,
emergency medical care, rescue work and fire-fighting).
 Designate employees who are required to implement these plans, procedures etc.
 Ensure that all designated employees have adequate training and equipment
available to them.

In the event of an emergency or serious and imminent danger the employer must:

 Inform all employees of the risk and steps taken to protect them.
 Refrain from requiring employees to carry out or resume work where there is still
a threat to their safety.
 Ensure that, in the absence of appropriate guidance or instruction, based on the
employee's knowledge and technical means at his or her disposal, the employee
must take appropriate steps to avoid the consequences of the danger.
 Take action and give instruction for employees to stop work and remove
themselves to a safe place.
 Ensure that an employee who leaves the place of work in the case of emergency is
not penalised because of such action.
 Ensure that access to specifically hazardous areas is restricted only to employees
who have received appropriate training & equipment.

Duties of Employees
Employees are compelled to:

 Comply with all relevant statutory provisions.

 Take reasonable care to protect the safety of themselves and others who might be
affected by their acts and omissions.
 Ensure they are not under the influence of an intoxicant or in such a state that they
might be a danger to themselves or others.
 Submit to reasonable, appropriate testing, if reasonably required by the employer
The Act gives scope for Regulations to be made that provide for employees to be
required to undergo tests for intoxicants to be carried out by or under the

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 supervision of a registered medical practitioner. However at the time of writing
these Regulations are yet to be developed and until they are made, an employer
may not require such testing although local agreements may apply. The employer
may, however, prevent an employee from working if it is apparent that he or she
would be a danger to themselves or others.
 Co-operate with his or her employer so far as is necessary to enable compliance
with the relevant statutory provisions.
 Not engage in any improper conduct or dangerous behaviour.
 Attend training and undergo such assessment as may be necessary.
 Make correct use of any article or substance provided for use or for the protection
of the employee, including protective clothing and equipment.
 Report to his or her employer as soon as practicable:
- any work being carried out which might endanger themselves or others
- any defects in the place of work, the system of work, any article or substance
which might endanger themselves or others
- any contravention of the relevant statutory provisions of which may endanger
safety.
 Notify the employer or the employer's nominated registered practitioner if they
become aware that they are suffering from any disease or physical or mental
impairment which affects their performance of work activities that could give rise
to risks to the safety, health and welfare of persons at work. The duty is on the
employer to protect themselves and others.

An employee may not:

 Mis-represent himself or herself to an employer with regard to their level of
training.
 Interfere, misuse or damage anything provided for the safety, health and welfare
or employees.
 Place at risk the safety, health and welfare of persons in connection with work
activities.

Protective and Preventive Measures

The employer must:

 Appoint an adequate number of competent persons to perform the functions

relating to the protection of employees and give them adequate time and means to
perform those functions.
 Make arrangements for co-operation between the competent person and the safety
representative.
 Give preference to competent persons within their employment when appointing a
competent person.

Hazard identification and risk assessment

The employer must:

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  Identify all hazards in the work place.
 Keep a written assessment of the risks associated with each hazard (known as a
risk assessment).
 Review the risk assessment if:
- There is a significant change to the matters it relates to or
- There is any other reason to believe that it is no longer valid
 Implement any control measures or improvements which are identified by the risk
assessment.

The Safety Statement

Employers must have a written safety statement, based on the hazard identification and
risk assessment carried out, which specifies how they are going to manage and secure the
safety, health and welfare of all employees at work.

The safety statement should specify:

 The hazards identified and risks assessed.

 The protective and preventive measures taken and the resources provided.
 The emergency plans and procedures.
 The duties of the employees.
 The names, job titles and positions of anyone assigned with safety
responsibilities.

The safety statement should be brought to the attention of:

 Employees at least annually or when there are any changes.

 Newly recruited employees upon the commencement of employment.
 Other persons at the place of work who may be exposed to any specific risk.

The employer must review the safety statement if:

 There is a significant change to the matters it relates to.

 There is any other reason to believe that it is no longer valid.
 An inspector directs the statement to be amended.

Every employer must ensure that:

 All contractors providing services to the employer have an up to date safety

statement.
 A copy of the safety statement is kept available for inspection at or near the place
of work.

If an employer who employs 3 or fewer employees is engaged in an activity for which

there is a code of practice for that type of activity, they can fulfil their duty in relation to
safety statements by complying with such code of practice.

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Duty of Employers to Co-operate
Where employers share a place of work, they must:

 Co-operate in complying with and implementing the relevant statutory provisions

 Co-ordinate their actions in relation to prevention and protection of employees
 Inform each other, respective employees, safety representatives etc. of all risks,
including the exchange of safety statement and relevant extracts relating to
hazards and risks.

Health Surveillance and Medical Fitness to Work

Employers are required to ensure that health surveillance appropriate to the risks that may
be incurred in the place of work is available to all employees. The Act requires an
assessment of the medical fitness to work of employees involved in certain work
activities or occupations.

Employees are required to inform their employer or their employer’s Registered Medical
Practitioner if they are unfit to carry out a prescribed work activity. If an employer is
notified of the unfitness of the employee they must immediately take appropriate action
to comply with the general duties of employers to ensure the safety, health and welfare of
all employees at work.

Safety Representative
The employer must:

 Agree with the safety representative the frequency of inspections to take place.
 Consider any representations made to him or her by the safety representative and
so far as reasonably practicable take any action that he or she considers necessary
or appropriate with regard to those representations.
 Allow the safety representative such time off from their work, without loss of pay,
as is reasonable to enable the safety representative to acquire the knowledge and
training and time to discharge their functions.
 Inform the safety representative when an inspection is taking place.
 Give the safety representative a copy of the written confirmation, required under
the Act and sent to the inspector, that an Improvement or Prohibition Notice has
been complied with.

Consultation and Participation with Employees

Employers are required to:

 Consult with employees for the purpose of making and maintaining safety
arrangements.
 Consult with their employees and safety representatives in good time regarding:
- protective measures proposed
- the designation of employees with safety responsibilities

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 - activities arising from or relating to the protection from and the prevention of
risks
- the hazard identification and risk assessment
- the safety statement
- the information to be provided to employees (as outlined above)
- the information required to be kept or notified to the Authority in respect of
accidents or dangerous occurrences
- the appointment of competent persons
- the planning and organisation of training
- the planning and organisation of new technologies particularly in relation to
the choice of equipment, working conditions and the work environment

Protection against Dismissal & Penalisation

Employers are prohibited from penalising (defined as dismissal, demotion, transfer,
imposition of duties, coercion or intimidation) or threatening to penalise employees, who
are performing any duty, exercising rights or who make any complaints relating to safety
and health or who give evidence in enforcement proceedings.

The dismissal or penalisation in such manner can be deemed to be an unfair dismissal

within the meaning of the Unfair Dismissals Acts of 1997 and 2005 and employees may
also complain to the Rights Commissioner that their employer has penalised them for
exercising their rights under the safety and health legislation.

Offences and Penalties

The Act allows for summary penalties including ‘on the spot’ fines for breaches of the
2005 Act. Among the less serious offences are:

 Failing to discharge duties such as hazard identification and risk assessment,

 Failing to consider representations made by safety representatives,
 Failing to inform a safety representative that an inspector is carrying out an
inspection,
 Failing to consult with employees on safety arrangements, and
 Failing to allow safety representatives time off to acquire the knowledge and
training to perform their duties and the time off to discharge their duties.

Among the offences classified as serious are failure by an employer to discharge general
duties and providing information, instruction, training and supervision for employees.
Other serious offences include obstructing an HSA inspector and recklessly or knowingly
making false statements to an HSA inspector.

Charges for less serious offences shall be brought in the District Court by way of
summary proceedings and if convicted, the person charged shall be fined a sum not
exceeding €3,000.

In relation to serious offences, if summary charges are brought in the District Court, a

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person convicted may be fined up to €3,000 and/or imprisoned for a period not exceeding
six months. If the charges are brought on indictment in the Circuit Court, a person
convicted may be fined up to €3m and/or sentenced to imprisonment for a period not
exceeding two years.

The Act provides that Regulations may be made under it empowering an inspector to
issue on "the spot fines" where he or she has reasonable grounds for believing that a
person is committing or has committed certain prescribed offences under occupational
safety and health legislation.

The Act allows for fines of up to €1000 per offence although the Regulations may set a
lower level.

On the spot fines can apply to employers, employees, persons in control of workplaces,
importers and suppliers etc - all duty holders under the Act.

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Safety, Health and Welfare at Work (General
Application) Regulations 2007
The General Application regulations came into force on the 1st of November 2007. The
regulations which cover all workplaces and employments are designed to consolidate
changes that had been made to the existing General Applications Regulations 1993 and to
incorporate other sets of Regulations which have been introduced in recent times such as
Working at Heights, Noise and Vibration.

While the majority of changes to the existing Health and Safety regulations are technical
or semantic there are a number of significant changes under the General Application
Regulations 2007 which all employers should be aware of.

Workplaces

The definition of workplace within these regulations does not apply to construction sites.
They do, however apply to office accommodation including construction site offices.

Room Temperature
A minimum temperature of 17.5oC is now set for offices and for other sedentary work at
16 oC. If such temperatures cannot be maintained, then appropriate PPE must be
provided.

Floors, Walls, Ceilings and Roofs of Rooms

Employers are obliged to prevent access to roofs or suspended ceilings made of fragile
materials unless work can be carried out safely and appropriate warning signs have been
erected at access points.

Fire Detection and Fire Fighting

This regulation specifically requires employers to provide fire fighting equipment in
places of work and as necessary, fire detectors and an alarm system, which is properly
maintained. Non-automatic fire fighting equipment must be easily accessible and
indicated by signs.

General Welfare Requirements

This regulation requires employers to facilitate employees to sit while working rather
than stand, if this is feasible.

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Duties of Employers
The regulation requires the employer to take particular care of groups of employees who
are particularly at risk due to manual handling of loads.

Electricity

Definitions
 Overhead line - line carrying voltage greater that 80 volts.
 Underground cable - line carrying voltage greater than 80 volts.

Suitability of Electrical Equipment and Installations

Requires the employer to ensure that electrical installations are designed so as to prevent
danger.

Suitability of Electrical Equipment and Installations

Requires all electrical installations, including distribution boards, sockets and
transformers to be protected from the ingress of moisture.

Identification and Marking

Requires electrical circuits to be identified at source so they can be safely deactivated.

Protection Against Electric Shock In Fault Conditions

Requires backup protection of a circuit when a fault arises that may override a RCD. Also
all circuits supplying water heaters, electrically heated showers or pumps to showers,
must be protected by an RCD.

Connections and Cables

Requires cables on construction sites and quarries to be protected to prevent danger.

Working Space, Access and Lighting

A requirement to fit emergency lighting in all switch rooms has been added.

Testing and Inspection

Requires an existing electrical installation to be inspected and tested on a regular basis.
Also requires the employer to act on the results of the test to prevent danger and to do so
promptly.

Overhead and Underground Cables

Underground electricity cables are required to be placed in ducting, that is;
(a) Coloured red
(b) Of high impact resistance and
(c) Covered with warning tape.

When working in close proximity to an underground cable, the regulation calls, where
reasonably practicable, for the power to be isolated, the location to be determined and for
safe excavation techniques to be used.

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This regulation also puts an onus on the owner of a new or known underground cable to
determine its position and record it on a plan.

Work At Heights

The Work at Height Regulations 2006 are incorporated into Part 4 of the General
Application Regulations.

Scaffolding, Additional Requirements

The additional section requires scaffolds to be of good design and construction and that
the material is of adequate strength for the purpose it is to be used for.

Physical Agents - Noise and Vibration

The Noise Regulations and the Vibration Regulations are incorporated into Part 5 of the
General Application Regulations.

Sensitive Risk Groups

Part 6 covers sensitive risk groups which include; young persons and children, pregnant
and post natal employees, night workers and shift workers. Previous regulations covering
these workers are now incorporated into the new General Application Regulations.

Safety Signs

Signboards
The definition clarifies that ‘signboard’ means a sign with symbols only and must not
include any words.

First Aid

Occupational First Aider

The definition of ‘Occupational First Aider’ has changed from the 1993 definition which
required a first aider to hold a certificate of first aid, renewable every three years. Now
the person must simply be ‘a person trained and qualified in first aid.’ There is no
reference to a period for renewal training.

Provisions for First Aid

The names, addresses and telephone numbers of local emergency services must be clearly
displaced at each place of work. Standard practice, which is now a legal requirement.

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First Aid Rooms
Places a duty on the employer to risk assess the need for the provision of a first aid room.
The risk assessment must to be based upon the size of the undertaking, type and scale of
work and the frequency of accidents.

Regulations for Lifting Equipment

New regulations governing the use of lifting equipment come into effect on November 1 st
2007 with the introduction of the General Application Regulations 2007. The regulations
apply across all workplaces and, therefore, they replace existing sectoral law and in
particular, Regulations 80 -103 of the Construction Regulations 2001, which deal
specifically with lifting appliances and lifting gear in construction.

Definitions
Definitions made under Regulation 27, with reference to lifting operations include:

 Work Equipment - any machinery, appliance, apparatus, tool or installation at

work.
 Lifting Equipment - work equipment for lifting lowering loads or pile driving, and
includes anything used for anchoring, fixing or supporting such equipment.
(Examples include cranes, excavators, telehandlers, hoists, a passenger lift in a
office blocks and a vehicle inspection hoist in a workshop).
 Lifting Accessories - include clamps and similar attachments, chain slings, rope
slings, rings, hooks, shackles, swivels, spreader beams, spreader frames and any
other item placed between lifting equipment and the load or on the load in order
to attach it, but excluding features of the load used for its lifting.
 Load includes a person.
 Non-integrated cage or basket means one which is not equipped with controls that
control its movement.

Requirements
For the most part the requirements relating to the use of lifting equipment remain
familiar. In summary requirements include:

Forms
Any form may be used provided the correct information is specified on the form. For the
time being it is anticipated that current CR forms will continue to be used. For mobile
plant, records / forms must be kept on the machine in addition to any office.

Thorough Examination and Inspections

There is a requirement to thoroughly examine lifting appliances every every 12 months.
Where lifting equipment is to be used to lift persons it must be thoroughly examined
every 6 months. See tables below regarding the periods for thorough examination and
testing.

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Excavators, Telehandlers, or Loaders Used As Cranes.
The requirements relating to the use of these machines as cranes, for example using an
excavator to lift a pipe, are:

 The SWL of the machine must be marked on the machine or displayed in the cab.
Where applicable SWLs at different operating radii must be provided
 Hydraulically operated machines with a maximum rated lifting capacity of more
than 1000 kg, must be fitted with check valves on the cylinders.
 In the case of a telehandler with a maximum rated lifting capacity of more than
1000 kg, it must be fitted with an automatic safe load indicator.

Conditions Regarding the Lifting of Persons

Regulation 48 states that work equipment ‘not specifically designed’ for the purpose of
lifting persons is not to be used other than in exceptional circumstances. A teleporter or a
crane used with a non-integrated man-rider cage falls into this category. Where
exceptional circumstances prevail some of the conditions that apply include:
 The control position must be manned at all times.
 The cage basket must be properly secured to the lifting machine.
 The total load must be half the rated capacity of the lifting equipment.
 The lifting equipment has a capacity not less than 1000kg unless the manufacture
indicates that the machine is suitable for such use.
 Lifting equipment in free fall mode must not be used for lifting persons.

Duty of Persons Who Hire Lifting Equipment to Others

Under Regulation 59 a hire company has a duty to ensure that when lifting equipment is
hired out, physical evidence in the form of test and examination certificates must
accompany it.

Period of Testing of Lifting Equipment (As part of A Thorough Examination)

Description of Equipment
All lifting equipment
Fixed lifting equipment
Period when testing is required
After any substantial alteration or repair
affecting its strength or stability
Before first use

Tower Crane After each assembly and every 4 years

Mobile Crane Every 4 years

Winch Every 4 years

Self Erecting Crane
Pulley block, gin wheel, sheer legs
used with loads weighing 1,000 kg or more
After erection and before first use on site
and after any change in configuration or
support conditions
Before first use in a new position

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Period of Thorough Examination of Lifting Equipment & Lifting Accessory
Description of lifting equipment or lifting accessory Period

Crane 12 months

Excavator 12 months

12 months (6 if used to
Fork lift truck including interchangeable accessories
lift persons)

12 months (6 if used to
Telehandler including interchangeable accessories
lift persons)

Mobile elevating work platform 6 months

Passenger hoist or lift 6 months

Suspended access equipment 6 months

Mast climbing work platform 6 months

Lifting accessories including chains, ropes, rings, hooks,

shackles, clamps, swivels, spreader beams and spreader 6 months
frames, vacuum lifting devices

Tower crane climbing rig 6 months

Items provided for support of lifting equipment 12 months

Winches used for lifting loads 12 months

Vehicle lifting table 12 months

Tailboard goods lift 12 months

Other machines for lifting materials (e.g. Lorry Loader) 12 months

Other machines for lifting persons 6 months

Note
1. Lifting equipment is also subject to thorough examination after substantial
alteration or repair.

2. A thorough examination is not required for new lifting equipment which is

accompanied by an EC declaration of conformity and certificate of test, issued no
more than 12 months before the lifting equipment was put into use.

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 SECTION 7 – EQUALITY AT
WORK
The Employment Equality Acts 1998-2015, the Pensions Act 1990 and the Unfair
Dismissals Acts 1977-2007, make provision for equality in relation to pay, conditions of
employment, recruitment, opportunities for promotion and training, etc.

The Employment Equality Acts 1998-2015 make provision for the promotion of equality
and deals with issues of discrimination in the workplace. For the purposes of the
Employment Equality Acts, discrimination occurs where one-person is/has been or would
be treated less favourably than another on any of the following grounds.

 Gender – Whether male or female

 Marital Status - Marital status is defined as persons who are single, married,
separated, divorced and widowed.

 Family Status – Includes those who have/have not a family status. It also includes
individuals who are defined as having a responsibility i.e.- of someone who has not
reached the age of 18 years or a carer in relation to a person of or over that age with a
disability needing frequent care and support of that person.

 Sexual Orientation – Whether same or of different orientation

 Religious Beliefs – Whether of same, different or none. Includes religious

background or outlook.

 Age – This applies to all ages above the maximum age at which a person is statutorily
obliged to attend school. There are a number of exceptions however, including;

- Whereby it can be shown/proven that significant increase in costs would

result if the discrimination where not permitted in those circumstances
- It is not discrimination to set different ages for the retirement (voluntarily
or compulsorily) of employees
- A maximum age can be established for recruitment which takes into
account that any cost or period of time involved in training the recruited
individual to a standard at which the recruit will be effective in that job. It
may also demonstrate that there is a need for there to be a reasonable
amount of time prior to retirement age for the recruit to be effective in that
job.

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 Disability – Includes total or partial absence of bodily or mental function, including
absences of a part of a person’s body. The presence in the body of organisms
causing, or likely to cause, chronic disease or illness. The malfunction which results
in learning difficulty. Or a condition, illness or disease, which affects a person’s
thought processes, perception of reality, emotions or judgement or which results in
disturbed behaviour.
It also includes disability which exists at present, or which previously existed but no
longer exists or may in the future.

Note: a person who has a disability will be seen as fully competent to undertake any
duties, if with the assistance of special treatment or facilities they can undertake the
task. An employer must do all that is reasonable to accommodate the needs of a
disabled person, through the provision of special treatment/facilities.

However a refusal or failure to provide for special treatment or facilities will not be
reasonable if it would give rise to a cost other than nominal cost to the employer.
The Act also provides that discrimination based on disability will not be seen as
unlawful where it is shown and proven that significantly increased costs would result
if the discrimination were not permitted in such circumstances.

 Race - Includes individuals of different race, colour, nationality or ethnic or national

origins.

 Membership of the Traveller Community - It is unlawful to discriminate against

those who are or are not a member of the travelling community.

Pay Related Discrimination

- Gender based discrimination – Both male and female employees are

entitled to the same pay where they are doing “like work”.

- Male and Female employees are entitled to the same remuneration for
“like work” regardless of age, sexual orientation, etc.

- An employee has a right to receive the same rate of remuneration as

another person employed on like work by the same employer or an
associated employer (comparator) in the same place. Like work is
regarded as:
1. Where both perform the same work under the same or similar conditions, or
where each is in every respect interchangeable with the other in relation to that
work; or

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 2. Where the work performed by one is of a similar nature to that performed by the
other and any differences between the work performed or the conditions under
which it is performed by each occur only infrequently or are of small importance
in relation to the work as a whole; or

3. Where the work performed by one is equal in value to that performed by the other
in terms of the demands it makes in relation to such matters as skill, physical or
mental effort, responsibility and working conditions.

Work of Equal Value

The purpose of work of equal value is to allow jobs which are radically different in
content to be demonstrated that the work performed by the claimants and the comparators
are equally demanding.
This covers a weighing of varying factors e.g. the amount of skill, physical or mental
effort, responsibility and the quality of working conditions. Should any of these be of a
higher value, employers will then be able to successfully differentiate on pay to
individual employees.
Gender-Based Discrimination - This is not unlawful where an employer proves that the
difference is genuinely based on grounds other than the gender ground. The onus of
proof lies with the employer.

Note - Discrimination is allowed if the reason is an occupational qualification, such as:-

- The performance of duties outside the state in a place where the laws or customs
are such that those duties could not reasonably be performed by a person of that
sex.
- Special beneficial treatment of women connected with pregnancy, maternity or
adoption.
- Where the duties of the post involve personal services and it is necessary to have
persons of both sexes engaged in such duties.
- Where because of the nature of the employment it is necessary to provide sleeping
and sanitary accommodation for employees on a communal basis and it would be
unreasonable to expect the provision of separate accommodation of that nature or
it is impracticable for an employer to provide it.

Discrimination in Specific Areas

Discrimination is prohibited in relation to:
 Access to employment.
 Conditions of employment. Terms of employment (other than pay unless there is like
work), working conditions, overtime, shift work, short time, transfers, layoffs,
redundancies, dismissals and disciplinary measures.
 Training or experience for or in relation to employment.
 Promotion or re-grading, or
 Classification of posts.

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Advertising
Employers should not display an employment advertisement whether public or not, which
may contravene with the act and avoid advertisements which:
 Indicates an intention to discriminate
 Could be understood as indicating such an intention.

Both the company and the agency/publisher presenting the advertisement are governed
by the Act.

Employers should ensure that advertisements carry a statement that the company is an
Equal Opportunities Employer.

See section 1 on ‘Recruitment’.

Harassment in the Workplace

The Employment Equality Acts 1998-2015 protects against harassment/sexual
harassment in the workplace. The employer has a duty to provide an environment free of
harassment (sexual or otherwise) as part of the conditions of employment. The employer
may also be liable if they were aware of harassment, or should have been reasonably
aware that it was taking place – and failed to take action. This can lead to the employer
and not the perpetrator being held liable.

Employees are also liable for acts of their agents where such acts are done with the
authority of the employer. However, it is a good defence for the employer to show that
the employer took reasonable steps to prevent employees from doing the particular act
complained of or from doing acts of that particular description in the course of their
employment

Sexual harassment is not limited to the incorrect behaviour of one employee to another. It
also includes- customers, clients and business contacts of the employer. A sexual
harassment free environment extends throughout the work place but the action may occur
in a car, a street, a hotel, seminars, etc. The amount of control that the employer has in
particular circumstances would be a relevant factor.
Sexual Harassment is:
- Any act of physical intimacy
- An express request for sexual favours
- And any other act or conduct including – gesture, display or circulation of written
words, pictures or other material which is unwelcome

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Employers must ensure that they have taken reasonable practicable steps to prevent the
above.
Vicarious Liability
Vicarious liability is where the law holds one person liable for the wrongs committed by
another person even though the person held liable is not at fault in the accepted sense of
the word. The employer is not liable for all the wrongs committed by his employee, but
only for those, which arise out of or are within the scope of his employment. Liability
thus arising is called vicarious liability because it arises indirectly.

Equal Status Acts 2000 and 2004

In line with the Equal Status Acts 2000 and 2004 Employers are now liable for
discriminatory acts of an employee in the course of his or her employment, unless they
can prove that they took reasonably practicable steps to prevent the conduct. It is
therefore extremely important that relevant policies are introduced and that all employees
are aware of their obligations under these policies.

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 Harassment And Bullying In The Workplace

The Employment Equality Acts 1998-2015 set out the definitions of harassment and
sexual harassment, and provide that in certain circumstances, where harassment or sexual
harassment occurs in the workplace, that this may constitute discrimination by the
employer in relation to the victim’s terms and conditions of employment.

Definition of Harassment
Harassment is defined as any form of unwanted conduct related to any of the
discriminatory grounds, being conduct which has the purpose or effect of violating a
person’s dignity and creating an intimidating hostile, degrading, humiliating or offensive
environment for the person.

Definition of Sexual Harassment

Sexual Harassment is defined as any form of unwanted verbal, non-verbal or physical
conduct of a sexual nature being conduct which has the purpose or effect of violating a
person’s dignity and creating an intimidating hostile, degrading, humiliating or offensive
environment for the person.

Different Forms of Unwanted Conduct Constituting Harassment and Sexual

Harassment
The legislation sets out that the unwanted conduct referred to in both definitions may
consist of acts, requests, spoken words, gestures or the production, display or circulation
of written words, pictures or other material.

Discrimination by the Employer

Where an employee, or self employed contractor, is harassed or sexually harassed in the
workplace, or otherwise in the course of his or her employment, and that harassment or
sexual harassment is perpetrated by either;
 another person employed at that place, or by the same employer; or
 the victim’s employer; or
 a client, customer or other business contact of the victim’s employer, and the
circumstances of the harassment are such that the employer ought reasonably to
have taken steps to prevent its occurrence,
then that harassment or sexual harassment shall constitute discrimination by the victim’s
employer in relation to the victim’s terms and conditions of employment.

Where such harassment has occurred and either the victim is treated differently in the
workplace or otherwise in the course of his or her employment by reason of accepting or
rejecting the harassment, or it could be reasonably anticipated that he or she would be so
treated, then that harassment or sexual harassment shall constitute discrimination by the
victim’s employer in relation to the victim’s terms and conditions of employment.

Note: Employee, for the purposes of the Acts, also refers to self employed contractors
and partners in a partnership.

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Bullying in the Workplace
Bullying is a form of harassment. Like harassment, bullying may have many motivations
- race, colour, gender, religion, sexual orientation, disability. In order to be protected by
the Employment Equality Acts 1998-2015, the bullying must be based on one of the
grounds protected under the Acts. Bullying is best understood as a direct and systematic
attempt either by means of physical or psychological behaviour to undermine an
employee’s sense of value of his/her employment.

Definition

Bullying in the workplace is repeated inappropriate behaviour, direct or indirect,

whether verbal, physical or otherwise, conducted by one or more persons against another
or others, at the place of work and/or in the course of employment, which could
reasonably be regarded as undermining the individual‘s right to dignity at work.

An isolated incident of the behaviour described in this definition may be an affront to

dignity at work but as a once off incident is not considered to be bullying.

(Task Force Report, Government Publications, April 2001)

The Health and Safety Authority is the central coordinating state agency handling
bullying at work. Bullying is considered a workplace hazard alongside more traditional
hazards and as such, must be treated within the Safety Management System. Bullying
must be identified as a hazard and a risk assessment carried out to eliminate or reduce the
risk of its consequences should it occur.

All employers have a responsibility, as far as is reasonably practical, to provide a

workplace where accident, disease and impairment of physical and mental health are
prevented. The Safety, Health and Welfare at Work Acts 2005 states that the employer's
duty includes in particular the provision of systems of work that are planned, organised,
performed and maintained so as to be, as far as is reasonably practicable, safe and
without risk to health.

Where a bullying culture has been identified, employers must take reasonable measures
to prevent incidents of bullying occurring and also when and if they do occur, prevent the
risk of injury to the health of employees worsening by providing and implementing
transparent and just anti-bullying policies and procedures.

Employees have a responsibility to ensure that they are not contributing to a bullying
culture and it is the duty of every employee to take reasonable care for his own safety,
health and welfare and that of any other person who may be affected by his acts or
omissions while at work.

Managers and supervisors have a particular responsibility to promote dignity in the

workplace for all. They should be alert to the possibility of bullying behaviour and be

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familiar with the policies and procedures for dealing with allegations of bullying, as
bullying has been identified as a workplace hazard.

Examples of some forms of bullying, intimidation, harassment

 Any aggressive behaviour by a Manager, Colleague, Employee.
 Any repeated verbal harassment.
 Any physical harassment.
 Any personal insults and name calling.
 Persistent criticism.
 Persistent “picking” on a person for the butt of a joke, horseplay,
uncomplimentary remarks or other behaviour likely to cause offence.
 The maligning or ridiculing of a person directly to others by rumour, gossip,
ridicule and / or innuendo.
 Unfair delegation of duties and responsibilities.
 Intimidation and threats in general.
 Social exclusion or isolation.
 Manipulating the nature of the work or the ability of the victim to perform the
work, for example by withholding information or setting meaningless tasks.

Examples of Sexual Harassment

 Any unwelcome verbal advance.
 Any unwanted pressure for social contact.
 Sexually derogatory statements.
 The display of sexually suggestive or degrading objects, pictures or calendars in
the workplace.
 Sexually discriminatory remarks, or innuendo, or jokes made by someone that is
offensive or objectionable to the recipient, or which causes the recipient
discomfort, humiliation, or which interferes with their job performance.
 Any unwelcome physical advance, which includes:
- Unnecessary touching, groping, pinching, patting, fondling, or kissing.
 Sexually aggressive or derogatory remarks.
 Leering at a person’s body.
 Compromising invitations.
 Unwelcome sexual advances.
 Demands for sexual favours.
 Sexual assault or rape (where civil/criminal proceedings may also be appropriate).

It is the unwanted and unwelcome nature of sexual harassment, which distinguishes it

from behaviour which is welcome and reciprocal. A single incident of sufficiently
outrageous behaviour will suffice – it does not necessarily have to be repeated. It should
also be noted that it is the impact of the conduct on the recipient and not the intent of the
perpetrator that determines whether the behaviour is acceptable.

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Outside the workforce
Bullying, intimidation, harassment and sexual harassment may occur outside the
workplace e.g. at a Company Meeting, or Christmas Party, whilst attending a conference
on behalf of the Company. The employer may have a vicarious liability or responsibility
for such actions if they occur and the degree of control available to the Employer in the
particular circumstances would be a relevant factor.

Disciplinary Action
On receipt of a formal complaint a full investigation should be conducted and it may be
necessary to initiate disciplinary action against a perpetrator. Disciplinary action may
involve dismissal, suspension, or relocation of the bully / harasser together with an
apology from the harasser for his/her conduct to the complainant – if the complainant so
wishes. The complainant will not be relocated except at this/her own request. Records
should be held as per the Company Disciplinary procedure.

Details of any action taken should be entered on the harasser’s Personnel File and
appropriate records of the complaint and the resolution of the same will be maintained.
Disciplinary action should also be taken against any person found to be victimising or
otherwise bullying or harassing a complainant or a witness to harassment, with
appropriate records placed on the that person’s Personnel File. For further information
see Sample policy on page 11 in this section)

Policy Statements for Harassment & Bullying

Organisations should commit themselves to working together to maintain a workplace
environment that encourages and supports dignity at work. Harassment or/and Bullying
in any form should not be accepted or tolerated. In order to do this, the employer should
make it clear, in policy statements and in the operation of these policies, in written form
and in appropriate and timely action taken, that he or she is intolerant of workplace
bullying and intolerant to behaviour which infringes an individual’s right to dignity at
work.

 One of the first steps in the prevention of workplace harassment/bullying is the

drawing up of a written policy. The policy should be drawn up in consultation
with staff representatives, unions or others, as appropriate. It should state the
management and staff commitment to dignity in the workplace. It should clearly
outline what harassment/bullying is and the step by step procedure for making an
informal or formal complaint.
 The policy should be publicised, made visible and all individuals whether
permanent or temporary should receive a copy. Organisations should raise
awareness of the issue by inclusion in staff bulletins, training, at recruitment stage
and using any other appropriate method.
 Allegations of harassment/bullying should be investigated, fairly and thoroughly
without reprisals for the complainant. Complaints should be dealt with in a
confidential manner and as speedily as possible. Natural justice applies and
accused persons are presumed innocent until, and if, proven guilty.

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The objective of this process is to create and maintain a positive work environment where
the right of each individual to dignity at work is recognised and protected. Further
details are included in sample harassment & bullying policies on page 137 in this
section.

Defence
If bullying, harassment or sexual harassment is perpetrated by a person other than the
employer, it shall be the defence for the employer to prove that the employer took such
steps as are reasonably practicable to:

 Prevent the person from harassing or sexually harassing the victim, or any class of
persons including the victim; and/or
 Prevent the victim from being treated differently in the workplace or otherwise in
the course of employment, and to reverse the effects of any such treatment where
it has occurred.

A person’s rejection of or submission to bullying, harassment or sexual harassment may

not be used as a basis for any decision affecting that person.

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SAMPLE POLICY ON HARASSMENT AND
BULLYING
Harassment and Bullying In The Workplace

The Company will make every effort to ensure that its work environment gives all staff
the freedom do their work without having to suffer harassment or bullying from any
source. All employees should be aware that harassment or bullying is unacceptable
behaviour and is in breach of Company policy.

Present day changes of attitude mean that behaviour once tolerated by colleagues is no
longer acceptable. Behaviour that is acceptable to one person may not be acceptable to
another. If the behaviour is unwelcome and unacceptable, then it is a problem. Whether
the harasser intended it to be offensive is not the point. If the behaviour is unwelcome it
is harassment. The Company will not tolerate harassment of employees from employees,
nor at any level in the organisation or third parties.

Under this policy harassment includes:

 Harassment on grounds of gender

 Harassment on grounds of sexual orientation
 Harassment on grounds of disability
 Harassment on grounds Race/Ethnic Origin
 Harassment on grounds of religion
 Harassment on grounds of Age/Marital status/ family Status/ Member of the
travelling community.
 General Harassment or Bullying

Definitions:

Sexual Harassment is defined as unwanted conduct based on a person’s gender

which is offensive to the recipient, and which might threaten a persons job security or
create a stressful, hostile or intimidating work environment. While it is generally
regarded that sexual harassment is an offence committed by men against women, the
evidence of recent years shows that men are also victims of this form of maltreatment.

Sexual Harassment takes various forms, for example:

Verbal – jokes, innuendo, requests for sexual favours, persisting in attempts to continue a
relationship against the wishes of the other person.
Visual – display of or sending offensive pictures, slogans
Physical – unwanted physical contact, from “groping” to rape.

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Harassment on grounds of sexual orientation may take several forms, from
jokes and innuendo to serious physical assault and may include a person’s perceived
rather than actual sexual orientation.

Harassment may include:

Verbal harassment – offensive jokes about a person’s race of ethnic origin (which may
include membership of the travelling community), or their country of origin.
Visual Harassment – display of material offensive to a particular racial or ethnic group,
such as cartoons, racial propaganda material etc.
Physical Harassment – physical assault.

Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical

or otherwise, conducted by one or more persons against another or others, at the place of
work and/or in the course of employment, which could reasonably be regarded as
undermining the individuals right to dignity at work. An isolated incident of the
behaviour described in this definition may be an affront to dignity at work but as a once
off incident is not considered to be bullying.

The following are some examples of bullying behaviour:

 Personal insults of name-calling.
 Public or private humiliation.
 Shouting at staff in public and/or private.
 Aggression, sneering, sarcasm.
 Persistently undermining an individual’s job performance.
 Constantly changing working guidelines.
 Making it difficult for staff to have access to general information, e.g. staff
vacancy notices or staff information notices.
 Continually refusing reasonable requests for Annual Leave without good reason.
 Ignoring and isolating people on purpose and excluding them from discussions
 Intimidation and threats in general.

Effects of Harassment

Harassment can:
 Cause distress and affect the employee’s confidence and self-esteem.
 Affect the recipient’s job performance.
 Create an upsetting and stressful work environment.
 Decrease staff morale.
 Undermine the recipient’s job security.
 Affect productivity levels.

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Location

Harassment can take place:

 In the workplace.
 At functions such as Christmas parties or sports functions taking place under the
aegis of the Company.
 Any other place where employees are present on Company business, such as
training courses, business meetings away from the Company’s workplace,
overnights away from base, etc.

Harassment by outsiders
Harassment by Company personnel by person’s not employed by the Company, such as
repair persons, customers, clients, etc, is unacceptable and should be promptly reported to
one of the contact people listed at the end of this section. Although the Company has no
power to discipline the offenders in such cases, upon receipt of a complaint and after
investigation, it will take action in the effort to prevent the recurrence of such conduct.

Undertaking by Management
Any complaint involving harassment will be immediately, seriously and sympathetically
investigated. It is recognised that harassment, especially sexual harassment, is very
difficult for all concerned to deal with. Where a complaint has been substantiated, the
victim will be protected and will not be required to move unless they wish to do so.
Victims shall be protected from intimidation, victimisation, or discrimination for filing a
complaint under this policy. Employees assisting in an investigation will also be
protected. All staff will be provided with a copy of this policy.

Responsibilities

Employees: In addition in securing their own behaviour does not cause problems, all
employees have an important role in creating an environment where sexual harassment or
bullying is unacceptable. They should make clear to others they find such behaviour
unacceptable and support colleagues suffering such treatment.

Supervisors: In addition to securing their own behaviour does not cause problems,
supervisors are responsible for preventing incidents of sexual harassment or bullying and
must ensure that all staff members adhere to Company policy. Supervisors who become
aware of incidents of sexual harassment are required to immediately advise their
Manager.

Management: In addition to ensuring their own behaviour does not cause problems,
Management should:

 Know the Company policy.

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  Communicate the policy as necessary.
 Endeavour to maintain a harassment-free work environment.
 Immediately inform one of the contact people if a complaint is received.

Malicious Complaints
Malicious complaints will be treated seriously and may result in disciplinary action. In
this regard it should be noted that where a complaint is not upheld, this does not
necessarily indicate that the complaint was malicious.

Complaints Procedure
If you believe you are being harassed or bullied you should consider carefully if that is
the case. If so you should raise the problem with the alleged perpetrator, point out that
their behaviour is unacceptable and ask that it stop.

If the harassment/bullying does not cease or if you find it difficult or if you find it
difficult or embarrassing to confront the alleged perpetrator, you may seek advice from
one of the contact people listed at the end of this section, from your Trade Union
representative, or from a Senior Manager. It would be useful to keep a record of
incidents, dates and witnesses, if any.

If you proceed with the complaint, you may contact one of the contact people for
assistance who, depending on the nature of the complaint, will try to find a solution
acceptable to both parties.

Complaints will be handled speedily and in a confidential manner. They will be treated
seriously and sympathetically.

It is a requirement that all individuals involved maintain confidentiality on the subject.

All concerned are guaranteed a fair and impartial hearing.

If a problem is not resolved under the above Complaints Procedure, the Formal Procedure
outlined below will apply.

Formal Procedures for Handling Complaints

For serious complaints, individual preference or where the problem is not resolved under
the procedures outlined above, the following Formal Procedure will apply:

 The person making the complaint will be required to put the complaint in writing.

 The alleged harasser will be given a copy of the written complaint and given three
days to respond in writing.

 A formal investigation will be carried out by the investigators from the panel
listed below, not including the person who was trying to resolve the problem

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 informally. In view of the complex and sensitive nature of cases, the investigator
may also enlist the assistance of outside experts in the field concerned.

 It is a requirement that all parties involved maintain confidentiality.

 Both the complainant and the person complained against may have representation
at the hearings if they so wish.

 The investigation will be carried out speedily, within a four-week period if

circumstances allow.

 Both parties will be notified in writing of the outcome of the investigation.

Outcome
1) Should management decide that the complaint is well founded; the alleged
perpetrator(s) should be given a formal interview to determine an appropriate course of
action. Such action could, for example, involve counselling and / or monitoring or
progressing the issue through the disciplinary and grievance procedure.

2) If either party is unhappy with the outcome of the investigation, the issue may be
referred to the Workplace Relations Commission..

Policy Review
This policy will be reviewed from time to time.

Contact People
You should contact the following people if you wish to discuss any incidents with regard
to this policy ___________________________.

I have read and understand the contents of this policy:

Signed (Employee):______________ Date:___________

Signed (Employer):______________ Date:___________

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 SECTION 8 – DISCIPLINARY &
GRIEVANCE PROCEDURE
Under the Unfair Dismissals Act 1977 – 2007 the onus is on the employer to prove that
the employee was fairly dismissed from employment. If the employee does not have a
contract of employment/statement of terms the difficulty is that there is no documented
proof that the employee is aware of a disciplinary procedure, or has his/her behaviour,
duties or standards in relation to work outlined. Ensure that the employee rights are
adhered to in all stages of a disciplinary procedure, and that the employee is aware of the
problem and how this can be improved. Encourage the employee as they make progress
and compliment them. Should the employee slip away from improvement determine the
reasons why and take appropriate action.

At all times in the disciplinary procedure natural justice must prevail. A disciplinary
procedure should be used as a corrective method with the hope of a positive result
for the employee.

Counselling Interview - Informal

Before commencing into a formal disciplinary procedure it would be advisable to hold a
Counselling Interview (which is informal) with the employee and advise the employee
of the nature of the problem, and ensure that the employee understands where the
standard of performance has fallen below the expected standard. Outline to the employee
how this may be improved and set out a time frame for which this improvement must be
shown. During the time given for improvement it may be advisable at a half way stage to
re-evaluate the performance. Also advise the employee during the informal meeting that
if the performance does not improve a disciplinary process will be implemented. Ensure
the employee has a copy of the disciplinary procedure. The disciplinary process may be
built up of 3 or 4 stages, which are 1st verbal warning, 2nd verbal warning (if a 4 stage
procedure), written warning and final written warning, suspension and dismissal.
If there is no improvement, you may progress to Stage 1 of the disciplinary
procedure.

Stage 1 - Verbal Warning

Step 1
Full investigation. The employer must hold a full investigation involving evidence and
witnesses. This must take place before any disciplinary action is implemented. The
decision to take action and the nature of the sanction taken will depend on the seriousness
of the case, the employees past performance record and any mitigating circumstances that
might exist.

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Step 2
A formal meeting is held with the employee, at this stage the employee must be aware of
the following:
- The case taken against him/her.
- The right to reply.
- The right to due consideration.
- The right to representation – this can be a colleague, friend, trade union
representative or other individual acceptable to the company. The onus is on the
employee to arrange for his or her own representation but the employer should
ensure the employee is aware of this right. If the employee rejects representation
this should be noted, recorded and kept on file.
- The right to appeal through the grievance procedure.

Step 3
A time scale should be devised for improvement including an evaluation date. These
improvements should be outlined. Also advise the employee of consequences, if no
improvement occurs.
Step 4
The employee is then given a verbal warning and advised this will be held active for 6
months. However, should at any stage during the period of improvement, the employee’s
standards fall the employer has the right to instigate Stage 2 of the disciplinary procedure.
A written record of verbal warning is placed on the employee’s file.

Stage 2 - Formal Written Warning

Step 1
Full investigation. The employer must hold a full investigation involving evidence and
witnesses must take place before any disciplinary action is implemented. The decision to
take action and the nature of the sanction taken will depend on the seriousness of the
case, the employee’s past performance record and any mitigating circumstances that
might exist.
Step 2
A formal meeting is held with the employee; at this stage the employee must be aware of
the following:
- The case taken against him/her. The employee has made no improvements, etc.
and that this is the second stage of the disciplinary procedure.
- The right to reply.
- The right to due consideration.
- The right to representation - this can be a colleague, friend, trade union
representation or other individual acceptable to the company. The onus is on the
employee to arrange for his or her own representation but the employer should
ensure the employee is aware of this right. If the employee rejects representation
this should be noted, recorded and kept on file.
- The right to appeal.

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Step 3
A time scale should be devised for improvement including an evaluation date. These
improvements should be outlined. Also advise the employee of the consequences. If no
improvement occurs during this period, action may result in suspension without pay,
demotion or dismissal.
Step 4
The employee is given a written warning and advised that this will be held active for 1
year. However, should at any stage during the period of improvement the employee’s
standards fall, the employer has the right to instigate Stage 3/4 of the disciplinary
procedure.

Stage 3 - 2nd Formal Written Warning

(optional if 4 stage process, if not continue to Stage 4)

Step 1
Full investigation. The employer must hold a full investigation involving evidence and
witnesses which must take place before any disciplinary action is implemented. The
decision to take action and the nature of the sanction taken will depend on the seriousness
of the case, the employees past performance record and any mitigating circumstances that
might exist.
Step 2
A formal meeting is held with the employee and at this stage the employee must be aware
of the following
- The case taken against him/her. The employee has made no improvements and
that this is the second stage of the disciplinary procedure.
- The right to reply
- The right to due consideration
- The right to representation – this can be a colleague, friend, trade union
representation or other individual acceptable to the company. The onus is on the
employee to arrange for his or her own representation but the employer should
ensure the employee is aware of this right. If the employee rejects representation
this should be noted, recorded and kept on file.
- The right to appeal through the grievance procedure.
Step 3
A time scale should be devised for improvement including an evaluation date. These
improvements should be outlined. Also advise the employee of consequences, if no
improvement occurs during this period, action may result in suspension without pay,
demotion or dismissal.
Step 4
The employee is given a written warning and advised this will be held active for 1 year.
However, should at any stage during the period of improvement the employees standards
fall, the employer has the right to instigate Stage 4 of the disciplinary procedure.

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Stage 4 – Suspension or Demotion or Dismissal.

Step 1
Full investigation. The employer must hold a full investigation involving evidence and
witnesses must take place before any disciplinary action is implemented. The decision to
take action and the nature of the sanction taken will depend on the seriousness of the
case, the employees past performance record and any mitigating circumstances that might
exist.
Step 2
A formal meeting is held with the employee, at this stage the employee must be aware of
the following:
- The case taken against him/her. The employee has made no improvements, etc
- The right to reply.
- The right to due consideration
- The right to representation – this can be a colleague, friend, trade union
representation or other individual acceptable to the company. The onus is on the
employee to arrange for his or her own representation. If the employee rejects
representation this should be noted, recorded and kept on file.
- The right to appeal.
Step 3
The employer advises the employee that he/she has been given all the support and
possibility to improve but has not. At this time the employer may choose to suspend the
employee with pay (an employee can only be suspended without pay if stated in the
contract of employment and disciplinary procedure) or demotion or dismissal.
The option chosen will be given to the employee in writing, stating the nature of the
problem and the reason for the suspension/demotion/dismissal.
The integrity of the Disciplinary Procedure is dependent on its consistent application in
all cases that warrant action.
Ensure that all-disciplinary warnings and actions are recorded (including verbal
warnings). A copy of warning/action should be given to the individual concerned.

Gross Misconduct
In the event of Gross Misconduct this relates to gross breaches of standards of behaviour
and/or gross breach of rules and regulations. Where an employee has been involved in
gross misconduct, they may be dismissed, without notice. In such a case, before reaching
this decision the employer will have:

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 Conducted a full investigation.
 Allowed the employee the opportunities to representation and full response to all
allegations.
 The employer will have fully investigated any additional matters raised.
 Based on all information and witness statements make a decision.
 During such an investigation an employee may be suspended on pay.

Where an employee is involved in Gross Misconduct, the Company may determine that
the employee should be dismissed without reference to any of the Stages of the
Disciplinary Procedure. Before such a determination, however, the Company will have
conducted a full investigation into the matter and the employee may be suspended - with
pay - pending the conclusion of such an investigation. Acts of Gross Misconduct are
construed as being deliberate acts by the employee, or the negligent failure by the
employee to act, to the detriment of the Company.

Examples of Gross Misconduct are as follows:

 Gross Incompetence/Negligence;
 Physical violence or threatening behaviour;
 Deliberate failure to carry out instructions;
 Deliberate misrepresentation;
 Bullying / Intimidation / Harassment / Discrimination;
 Deliberate damage to Company property;
 Falsifying Company documentation;
 Deliberately poor work performance;
 Sexual Harassment;
 Consuming or being under the influence of alcohol, drugs, or other abusive
substances whilst at work;
 Sleeping whilst on Duty;
 The taking of Company property without authorisation;
 Willful/deliberate absence from duty;
 Breach of Confidentiality;
 Flagrant/Deliberate disregard of Safety/Health/Hygiene precautions/procedures
likely to endanger any person.

(This list is not exhaustive)

Note: As part of a comprehensive disciplinary procedure employees at each stage of

the process should be afforded the right to appeal any disciplinary action sanctioned
by the employer. The employee should make the appeal in writing within 10
working days of the final decision and have that appeal heard without prejudice.
The person or persons hearing the appeal may consider the earlier investigation and
decide that no further action is necessary on their part. They may decide to carry
out additional investigations themselves and may, as a result, overturn the decision
to dismiss.

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SPECIMEN DISCIPLINARY PROCEDURE
Infringement of a term of Contract of Employment, or of established Company rules, can
lead - depending on the gravity of the breach - to disciplinary action being taken by the
Company. Where the Company is considering disciplinary action, the employee will be
advised in advance of the nature of the meeting, advised they will be given every
opportunity to respond to any charges being made and may be accompanied by a work
colleague/representative at any disciplinary meeting.

The following specimen procedure is given solely for the purpose of demonstrating the
steps which would be taken by the employer prior to dismissal. The details in this case,
concerning absenteeism, are hypothetical. As every case of dismissal is unique, the
employer is urged to obtain professional advice when contemplating dismissal.

First Meeting with Employee – Counselling

The employer arranges a meeting with the employee. A witness can be present. The
complaint or omission is explained to the employee, (in this instance an unacceptable
absenteeism record), also, how the complaint or omission falls short of the standard
expected by the company is explained. The employer checks that the employee has
understood what has been said and allows him/her the opportunity to respond. Any
assistance, which the employee needs, or could benefit from, is offered. When the
meeting ends, the details of the conversation, including the date are recorded.
Second Meeting with Employee - Verbal Warning
Assuming the first conversation has had no effect, a second meeting is held at which the
procedure for the first meeting is repeated. The employer should advise the employee
that they have the option, if s/he wishes to have a colleague or union representative
present. The employer advises the employee that the first conversation has had no effect
and issues a verbal warning to the effect that the situation cannot be allowed to continue.
Details of the conversation, including the date are recorded. (NOTE: the reasons for
another meeting need not be the same). The Manager will inform the employee
concerned that this is an Official Warning, a written confirmation of which will be
retained on their Personnel File and will remain effective for a period of 6 months. After
this period whilst it will remain on file as a matter of record, it should not be used as the
basis for going to the next stage.

Third Meeting with Employee - Written Warning

The procedure for meeting with the employee is repeated. The employer must advise the
employee of their right to have a colleague/representative present. The employer refers
to the previous meetings and the verbal warning and advises that these have not had the
desired effect. The employee is again given the opportunity to state his/her case. If the
reason/explanation given by the employee remains unsatisfactory, a written warning is
issued.

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The details of the conversation are again recorded and a copy of the written warning
retained. The warning letter should state that further disciplinary procedures will follow if
no improvement is forthcoming. This warning will remain effective for a period of 12
months. After this period it will remain on file as a matter of record, it should not be used
as the basis for going to the next stage.

First Written Warning

Dear
Following our meeting on _________ held in the presence of your
colleague/representative, I am writing to advise you that I remain concerned (at your very
poor level of attendance).
On the two previous occasions when we met, (date) and (date), you explained that your
absences were, on all occasions, due to illness. However, as I stated to you this morning,
your failure to produce any medical certificates, despite committing yourself to do so at
each of our meetings, makes this explanation unacceptable.
As there has been no improvement in your level of attendance since the issue was first
raised, I must now advise you that, unless your attendance returns to an acceptable level,
the company will have no choice but to consider a more serious course of action. It is,
however, my hope that this will prove unnecessary.

Yours sincerely,
Signed
Senior Manager

Fourth Meeting with Employee - Final Written Warning & Suspension

The procedure for earlier meetings is repeated. The employer explains again to the
employee why his/her behaviour falls short of the standards expected by the company
and affords the employee an opportunity to respond. If the explanation remains
unacceptable, the employee can be suspended without pay for a specific period, and a
final warning is issued and it must be made clear to the employee that dismissal is the
next stage if there is no improvement. All details of the conversation are recorded and a
copy of the letter retained.

Final Written Warning

Dear
Following our meeting on __________ held in the presence of your
colleague/representative, I am writing to advise you that your attendance remains at a
level, which is unacceptable to the company. I advised you of this in writing on (date)
and verbally on (dates) in the hope that an improvement in your attendance would result.

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There has, however, been no apparent effort on your part to improve since the issue was
first raised. I must now advise you that if your attendance remains at an unsatisfactory
level, we will have no option but to terminate your employment.

It is my hope that such action will prove unnecessary.

Yours sincerely,

Signed
Senior Manager

Final Meeting
The final meeting, at which the employer advises the employee of his/her dismissal, must
adhere to the procedure for previous meeting, i.e., having a senior manager present,
allowing the employee to be accompanied by a colleague or representative, giving the
employee an opportunity to state his/her case, etc. Additionally, the details of the final
meeting are recorded. The meeting is closed and a decision regarding
dismissal/suspension is then considered and communicated by letter.

Where an employee is dismissed because they have reached the final stage and the reason
was not in itself gross misconduct, they would be entitled to minimum notice.

The Letter Confirming Dismissal:

Re: Termination of Employment
Dear
Following our meeting yesterday evening, held in the presence of your
colleague/representative, I am writing to advise of the decision to terminate your
employment. Your continued failure to improve your attendance despite repeated
opportunity and warnings issued to you on (dates) leaves the company with no
alternative. The company cannot accept the explanation(s) offered. I enclose your P.45
and outstanding entitlements (holiday pay, wages for work performed that are due).
Yours sincerely,
Signed
Senior Manager

An employer reserves the right to miss certain stages of the disciplinary procedure
where the circumstances involved necessitate more serious action being taken.

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 GRIEVANCE PROCEDURE
A grievance procedure is a formal expression of employee dissatisfaction. Employers
should pay particular attention to effective grievance handling and its contribution to the
promotion of good employee relations in the workplace. If a grievance is not dealt with
speedily it tends to become deep-rooted. This can then lead to frustration that can filter
through the company, causing an uneasy work environment and industrial unrest.

Specimen Procedure & Policy

STAGE 1
- Grievances, which may arise from time to time, should be raised with your
_________(supervisor/manager).
- You have the option to have a friend, colleague or representative present. The
problem will be discussed and a prompt decision given. A summary of the meeting
will be recorded and a copy given to those in attendance.
- The ________(supervisor/manager) has the responsibility of trying to resolve the
matter within a___________(day’s) period.

STAGE 2
- Should the matter remain unresolved or the response not adequate the issue will be
raised with the __________(Supervisors Superior/ Manager).
- You have the option to have a friend, colleague or representative present. The
problem will be discussed and a prompt decision given. A summary of the meeting
will be recorded and a copy given to those in attendance.
- The ________(Supervisors Super/ Manager) who, in conjunction with the parties
concerned will attempt to resolve the matter within _______(days) period.

STAGE 3
- Should the matter remain unresolved or the response not adequate the issue will be
raised with the __________(MD /HR Manager).
- You have the option to have a friend, colleague or representative present. The
problem will be discussed and a prompt decision given. A summary of the meeting
will be recorded and copies given to those in attendance.
- The ____________(MD/ HR Manager) who, in conjunction with the parties
concerned will attempt to resolve the matter within a _________(day’s) period.

Should the matter remain unresolved it shall be referred to the Workplace Relations
Commission.

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Whilst a grievance is being pursued any lawful instruction given should be carried out,
albeit under protest if necessary, until the matter has been dealt with under the above
procedure.
Should a grievance arise from harassment, sexual or otherwise, you have a duty to inform
the ______________(manager) of the matter and of the person being complained about.
The__________(manager) will deal with the matter in accordance with the Employers’
Policy on Harassment.

(See “Bullying” section 7 page 7 and “Sexual Harassment” section 7 page 8)

Note: The timeframes for dealing with a grievance procedure must be realistic, in order
to investigate the circumstances of the problem. However, the grievance must be dealt
with effectively and efficiently without delay. Employer must ensure that the procedure
is carried out with the utmost confidentiality.

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 SECTION 9 – TERMINATION OF
EMPLOYMENT
UNFAIR DISMISSAL
The Unfair Dismissals Act 1977 - 2007 lays down the criteria by which dismissals are to
be deemed unfair. It protects employees from unfair dismissal in providing for
reinstatement, re-engagement or financial compensation for those unfairly dismissed
from their jobs.

Summary Points

 The Act covers full-time and part-time employees with at least one year's continuous
service. Contractors and commission agents are not employees.
However the requirement of one years-continuous service does not apply where the
dismissal results from the following:
- An employee’s pregnancy, giving birth or breast-feeding or any matters
connected therewith.
- The exercise or proposed exercise by an employee of a right under the Maternity
Protection Acts, 1994 & 2004.
- The exercise or contemplated exercises by an employee of the right to Adoptive
Leave or Additional Adoptive Leave under the Adoptive Leave Acts 1995 &
2005.
- An employee’s trade union membership or activities.
 The Acts do not cover employees on fixed term or fixed purpose contracts who are let
go when the contract expires or the purpose ceases provided the contract of
employment, signed by both parties, specifies that the Unfair Dismissals Acts do not
apply.

Note: If a series of two or more of these contracts between which there was no more
than a 3 month break, is considered to have existed for the purpose of avoidance by
the employer of liability under the Acts, they will be added together in calculation of
continuous service of an employee for eligibility under the Acts.

 The Acts do not cover employees on fixed term or fixed purpose contracts who are let
go - when the contract expires or the purpose ceases, provided the contract of
employment,
- Is signed by both parties, and
- Specifies that the Unfair Dismissals Acts do not apply.
 Every dismissal of an employee is presumed to have been unfair unless the employer
can demonstrate that there were substantial grounds to justify the dismissal.

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 An employer may be able to justify a dismissal on the following grounds:
- The capability, competence or qualifications of the employee (e.g.
absence/ability);
- The conduct of the employee (e.g. acts of violence, theft);
- Redundancy;
- Where the continuation of employment would be unlawful (e.g. the employee is
discovered to be under age) or
- Other substantial grounds.

Note: If a series of two or more contracts (that are not fixed term or fixed purpose)
which there was no more than 26 weeks of a break, is considered to exist for the
purpose of avoidance of liability by the employer under the Acts, the length of the
various contracts may be added together in calculation of continuous service of an
employee for eligibility under the Acts.
 Dismissal will be deemed automatically unfair where it is demonstrated that it
resulted from any of the following:
- Trade union membership/activity, either outside working hours or during working
hours with the employer's permission.
- The religious or political opinions of the employee.
- Civil or criminal proceedings against the employer to which the employee is a
part or witness.
- Civil or criminal proceedings against the employee to which the employer is a
part or witness.
- The race or colour of the employee.
- The pregnancy or the taking of Maternity Leave by an employee including natal
care absences (under the Maternity Protection Acts, 1994 & 2004).
- The exercise or contemplated exercise of the right to Adoptive Leave or
Additional Adoptive Leave by the employee (under the Adoptive Leave Act
1995).
- Redundancy, where selection is unfair or when agreed procedure has been
contravened or where the employer cannot demonstrate a genuine redundancy.
- Age of the employee.
- Sexual orientation.
- Employee’s membership of the travelling community.
Note: In the case of dismissal on grounds of pregnancy/maternity/adoptive leave or
trade union membership, an employee need not have one year's continuous
service to claim redress for unfair dismissal.

Constructive Dismissal
A dismissal can occur when an employee resigns from or leaves employment due to the
unreasonable conduct of the employer, e.g., refusal to provide work, false accusations of
theft, etc. The termination must be in response to the employer’s conduct, for instance, if
an employee is harassed by other employees, this will not give rise to constructive
dismissal unless the employer condoned the behaviour or, having been informed of it,
failed to take reasonable steps to prevent its reoccurrence. In the case of constructive

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dismissal the burden of proof falls to the employee to prove that they were constructively
dismissed.

Probation/Training/Apprenticeship
Employees on probation or undergoing training are not covered by the Act if the contract
of employment is in writing, the duration of the probation or training is one year and is
specified in the contract. The Act does not apply to FAS trainees or apprentices where
the employee is let go in the month following completion of the apprenticeship provided
the employee is not absent from work on protective leave.

Should a probation period be specified, this should be incorporated into the contract of
employment. A probationary period allows for protection for the employer to ensure that
the candidate selected for employment meets the requirements as outlined in their
contract. Should the candidate not prove to be meeting the requirements the employer
must bring this to his/her attention before the probationary period ends in order for the
employee to improve. The employer may also have the option to extend the period of
probation to allow for the employee to improve. At all times the employer must notify
the employee of what is required of them and to ensure that the employee fully
understands, this should be reviewed, tested and recorded and the employee informed of
progress.

Notice to Employees of Procedure for Dismissal

 The employer must, within 28 days of employment commencement, provide the
employee with a notice in writing setting out the procedure, which the employer will
observe before and for the purpose of dismissing an employee. The employer must
also provide the employee with an altered procedure in writing within 28 days after
the alteration takes effect.

 An employer who has dismissed an employee must, if asked, furnish in writing within
14 days, the reason for the dismissal.

Dismissal Procedure
(The text given below does not form part of the Unfair Dismissal Act 1977-2007)
 The procedure, which the employer observes prior to dismissal, should afford the
employee a genuine opportunity to change. In other words, the objective of any such
procedure is not dismissal, but instead, to bring about positive change so that
dismissal is not necessary.
 It is vital that the procedure adopted up to and including dismissal demonstrates basic
fairness. Some fundamental rules apply.
- Advise the employee in advance that it is a disciplinary meeting;
- Advise the employee in advance what the meeting is about;
- Offer the opportunity for the employee to be represented;
- Always outline the nature and seriousness of the problem;
- Always provide the employee with an opportunity to respond.

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 It is important that the employer keeps a record of his interventions so that if
dismissal takes place, he will have evidence of a fair and reasonable procedure having
been exhausted.
Note: Investigation must be carried out by the Employer
The onus is on the employer to show that the dismissal was “Fair”. The employer will
be expected to show:
- The employee was aware of all allegations and complaints that formed the
basis of the proposed dismissal;
- The employee had adequate opportunity to deny the allegations or explain the
circumstances of the incident;
- Evidence of witnesses or other involved parties was sought where the
allegations were denied or the facts were in dispute;
- Remember that all employees have the right to representation during an
investigation, if a request is denied this would be likely to affect the
fairness of the decision to dismiss.

 Except in the cases of gross misconduct, in particular, cases in which the safety of
other employees is perceived to be at risk, the employer should see dismissal as the
very last option available.

 A decision to dismiss should not relate entirely to the employee's immediate offence.
Due regard must be given to the employee's past record.

 Complaints should be considered as having lapsed after an appropriate period of

satisfactory performance and should not affect the employer's view of future
complaints or omissions.

Redress for Unfair Dismissal:

 Where an employee has been found to be unfairly dismissed s/he shall be entitled to
redress consisting of one of the following:
- Re-instatement by the employer of the employee in the position which s/he held
immediately before his/her dismissal on the same terms and conditions. The
employee's service is unbroken.
- Re-engagement by the employer of the employee either in the position which s/he
held immediately before his/her dismissal or in a different position, which would
be reasonably suitable for him/her.
- Payment by the employer to the employee of compensation (not exceeding the
sum of 104 week's remuneration in respect of the employment from which the
employee was dismissed).

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 Redundancy

The Redundancy Payment Acts 1967-2007 provide for an employee to receive a lump-
sum payment in the event of losing his/her job through redundancy.

The Protection of Employment Act 1977 provides for the protection of groups of workers
faced with redundancy. It obliges the employer (normally employing more than 20
persons) to consult with employees and to notify the Minister for Jobs, Enterprise &
Innovation of the proposed redundancies at least 30 days in advance of the first dismissal
taking effect.

Summary Points
 The employee is entitled to a lump sum of 2 weeks statutory redundancy payment for
every year of service regardless of age plus one additional week's pay. (A week’s pay
is a normal week’s pay subject to a maximum of €600.00 as outlined in the
legislation.) All excess days should be calculated as a portion of 365 days i.e. 4 years
192 days equates to 4.52 years.

 The entitlement to a lump sum payment applies to full-time and regular part-time
employees who have been in continuous employment for at least 104 weeks, not
counting employment prior to the employee's 16th birthday.

 An employee is considered redundant when dismissed from his/her employment for

reasons such as closure of the company or the company continuing in business with a
requirement for fewer employees.

 The entitlement to a lump-sum payment does not apply to an employee dismissed for
reasons such as misconduct or inefficiency.

 An employee must not be made redundant for reasons such as trade union
membership/activities, religious or political convictions, race or colour or pregnancy.

Note: The Employer’s Rebate, previously 15% of the redundancy lump sum payable to
employees was abolished from January 1st, 2013.

Selection for Redundancy

A redundancy situation in general means that the job no longer exists and the person is
not replaced. The emphasis is on the job and not the person in contrast, for example, to a
situation where a person is dismissed for alleged misconduct or where a person
voluntarily resigns.

When selecting those who will be made redundant an employer is required to do so with
clear objective criteria, such as last in first out. Where a selection criteria has been

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agreed between the employer and a union then they must be followed unless exceptional
circumstances exist. When selecting, an employer should also consider alternative
positions in the company or work pattern, before making anyone redundant.

Failure to act fairly may result in an employee maintaining they were unfairly dismissed
as they were “unfairly selected” for redundancy.

Offers of Employment on the right to Redundancy Payments

 If the employer offers the employee who is to be made redundant a renewal of his
contract or to re-engage him under a new contract, whose terms and conditions are
the same as the previous contract, and will come into effect before the date of
dismissal, then should the employee accept this offer, the employee will be looked
upon as never being dismissed and his service will be continuous.

 If the employee refuses the offer, his/her dismissal will take effect and may lose the
entitlement to redundancy payment.

 If an employer makes an offer in writing to the redundant employee to renew or re-

engage the employee under a new contract which differs wholly or in part from those
of the previous contract and if the new/renewed contract takes effect not later than
four weeks after the date of dismissal and the employee accepts the offer then his/her
employment will be seen as continuous.

Should the employee refuse the offer, his/her dismissal will take effect but the
employee will only be entitled to a redundancy payment if it can be shown that the
refusal of the offer was not unreasonable. (The employer’s offer of employment must
constitute an offer of suitable employment in relation to the employee).

 If an employee whose job is no longer available and is offered alternative work by the
employer, the employee is entitled to take it for a trial period of not more than four
weeks. If during that period the offer is refused, this temporary acceptance will not
operate to make the employees refusal as unreasonable.

Change of Ownership

 Where there is a change in ownership and the employee by arrangement continues to

work for the new owner without a break in employment, he/she is not entitled to a
redundancy payment but his/her continuity of employment is preserved for the
purposes of a redundancy payment in the event the employee is dismissed by means
of redundancy by the new employer at any future date.

 An employee cannot be made to accept employment with a new employer but any
unreasonable refusal of employment will effect his/her entitlement to a redundancy

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 payment. The fact of a change of owner of the business will not be seen in itself as a
good reason for refusal.

 Should a new owner merely buy the property, this will not constitute a change in
ownership, and the former employer will be liable to pay redundancy payment which
might be due to the employee for the loss of the job.

Calculating Service
 The following absences do not count as service for the purpose of calculating the
lump sum. Please note however that these absences only apply to the final 3 years of
service ending on the date of termination of employment. For example, if an
employee was working in a company for a period of 10 years the absences referred
below only apply to the final 3 years and all absences in the previous 7 years are
deemed to be fully reckonable.

- More than 52 consecutive weeks due to occupational accident or disease;

- More than 26 consecutive weeks because of illness due to some other cause;
- Periods spent on strike. (absence due to lock-out is counted as service);
- Absence due to lay-off by employer.

Calculation of Redundancy Payment

- Two weeks pay for each year of service (Max €600 per week) irrespective of age
(All excess days should be calculated as a portion of 365 days in the final year),
plus
- One additional week’s pay

Claims for redundancy payment must be made within 26 weeks of the date that the
employee was dismissed.

Lay-offs and Short-time

 Only if there is a provision in the contract of employment to lay off or place on short
time, or agreement between the employer and the employee(s) concerned or a union
representing the employees, can an employer legally take this action. Short-time is
defined as working less than half the normal weekly working hours or for less than
half the normal weekly earnings.

 An employee may be entitled to redundancy payments when laid off or put on short
time for either four weeks running or six weeks in a thirteen week period and may
make a claim for such a payment. To claim a redundancy payment the employee must
serve a written notice (Form RP9) stating that he/she intends to claim.

 If the employer has grounds for believing that within four weeks he will take the
employee back for at least 13 weeks full working, then a counter notice may be
served on the employee. This counter notice must be served within 7 days of receipt
of the employees notice. Form RP9 may be used for this purpose.

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Minimum Period of Notice
 The employee must be given a minimum period of two weeks notice. A shorter
period of notice may reduce the amount of the rebate to the employer. The employee
may be entitled to additional notice under the Minimum Notice and Terms of
Employment Acts 1973 - 2001 and Terms of Employment (Amendment) Act 1994, or
by the employees contract of employment.

Time off to Look for Work

 During the final two weeks of redundancy notice, the employee is entitled to paid
time off to look for work.

Collective Redundancy
 In the event of collective redundancies, the employer is obliged to consult with
employee representatives, provide employees with specified information and notify
the Minister for Jobs, Enterprise & Innovation at least 30 days in advance of the first
dismissal taking effect.

 A Collective Redundancy arises where an employer proposes to make :

- 5 redundancies in an establishment normally employing 21 - 49 persons, or
- 10 redundancies in an establishment normally employing 50 - 99 persons, or
- 10% or more of workforce in an establishment normally employing 100 - 299, or
- 30 or more redundancies in an establishment normally employing 300 or more.

Consultation with Employees' Representatives

 In collective redundancy situations, the employer must consult the representatives
of the employees at the earliest opportunity but no later than 30 days in advance of the
first dismissal. Where there is no union involved the employees must be advised that
they are entitled to elect from within the group of workers affected representatives.

 The consultation with the employee's representatives, for the purpose of reaching
agreement, must address the following points:
- The possibility of avoiding the proposed redundancies or of reducing the number;
- The basis of selecting the individuals to be made redundant.

Provision of Information to Employees

 The employer must provide the following information in writing to the employees'
representatives:
- The reason/s for the proposed redundancies;
- The proposed number and categories of employees to be made redundant;
- The number of employees normally employed;
- The period of time during which the proposed redundancies will take effect;
- The criteria for selection of employees for redundancy;
- The method of calculating any redundancy payments.

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Redundancy Panel

Please note that under the Protection of Employment (Collective Redundancies &
Related Matters) Act 2007 a redundancy panel is being set up by the Department of Jobs,
Enterprise & Innovation in accordance with the partnership agreement ‘Towards
2016’.The panel will deal with collective redundancies to ensure that they are genuine
redundancies as opposed to a situation where workers are replaced by new workers doing
the same job for lower wages.

Notification to Minister for Labour

 The employer must notify the Minister for Jobs, Enterprise & Innovation in writing of
the proposed collective redundancy. This information must be given at the earliest
opportunity but no later than 30 days in advance of the first dismissal.

 This notice should contain details such as the reasons for the proposed redundancies,
the number of redundancies, description and categories of employees affected, the
number of employees normally employed and the period during which the proposed
redundancies are to take place.

 A copy of this notice must be supplied promptly to the employee’s representatives.

 It is unlawful for the first dismissal to take effect before the expiry of the 30 days
beginning on the date of notification to the Minister.

 The Minister may request the employer to consult with him/her or with an authorised
officer of the Department, with the objective of seeking solutions to the problem
caused by the proposed redundancies.

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SAMPLE REDUNDANCY LETTER

Dear Mr/Ms/etc .........

Further to our meeting of (date), where we discussed the various options available,I
(regretfully) confirm that your employment with us is terminated with effect from
(date)/with immediate effect.
This is due to your position having to be made redundant, and in no way reflects your
performance in your job, which has been entirely satisfactory/excellent.
(Optionally, if applicable, outline or explain the organizational or trading circumstances
which have led to the redundancy.)
As stated at our meeting (and agreed with whatever body is relevant) the terms of your
redundancy are as follows:
 (Employer must clearly state all details of
notice period and the redundancy settlement.
Refer to the statutory norms, or procedures for
notice and settlement, agreements with trade
union(s), as applicable.
 (Clearly state requirements regarding return of
documentation, equipment, car, submission of
final expenses claims, and any other leaving
administration issues.)
 (Clearly state actual leaving date, requirement
or otherwise to serve period of notice, holiday
pay, and other pay and pension details.)

( (Acknowledge the person's efforts and contribution. Offer to help with references. If
applicable say that you would gladly re-employ the person should circumstances allow
[which in many situations is the employer's legal obligation to do anyway]. Thank the
person for their response to the situation and wish them all the best for the future.)
Yours, etc.

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Minimum Notice
The Minimum Notice and Terms of Employment Acts 1973 - 2001 specifies the
minimum period of notice to be given by employers to employees when employment is to
end. It also sets out the minimum period of notice, which must be given by the employee
to the employer.
Summary Points
 The Act covers all employees with continuous service for a period of 13 weeks or
more.
 The Act specifies the following period of notice that must be given by the employer
to the employee according to length of service:
Length of Service: Minimum Notice:
- Thirteen weeks to two years One week
- Two years to five years Two weeks
- Five years to ten years Four weeks
- Ten years to fifteen years Six weeks
- More than fifteen years Eight weeks
 Service may be broken by strikes, lockout, and lay-off.

The Right to Notice

 The employer is entitled to not less than one week's notice from the employee who
has been in his continuous employment for thirteen weeks or more. However, if the
employee's contract states that a longer period of notice shall apply then that is the
period of notice that should be used.
 The employer cannot alter the employee’s right to a minimum period of notice
specified in the Act. Any term or provision contained in a contract of employment
for longer periods will apply.
 The employer and employee are not, however, precluded from waiving the right to
notice or accepting payment in lieu of notice, (should an employee accept payment in
lieu of notice). In those cases, the date of termination of that person’s employment
will be deemed to be the date of which notice if given would have expired.
 Notice must be certain and specify the expiry date.

Calculating Service
 To calculate the period of service of an employee, every week in which he/she is
expected to work is counted.
 The following absences count as service:
- Service with the Reserve Defence Forces
- Up to 26 weeks between consecutive periods of employment due to lay-offs,
sickness or injury or when taken with the agreement of the employer.

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 - A week, or part of a week, when locked out by the employer or when absent due
to a trade dispute in another business.

 Any period of absence during which the employee was taking part in a strike relating
to the business in which s/he is employed does not count as service.

Continuity of Service
 The employee's service is continuous unless he/she is either dismissed or voluntarily
leaves the job.
 Continuity of service may not be affected by the following breaks:
- Strikes
- Lay-off
- Lock-out
- Dismissal followed by immediate re-employment.
 The transfer of a trade or business does not break continuity of service. The
employee's service with the new employer includes continuous service with the
previous owner.
 An employee who gives notice of his/her intention to claim redundancy payment
because of lay-off or short time is considered to have voluntarily left the employment.

Rights of the Employee during the period of Notice

Where the employer or employee wishes to terminate the employment, during the period
of notice the employee shall be entitled to the same wages and the same rights i.e. sick
pay, holidays, etc, as he/she would have if notice of termination of his/her contract of
employment had not been given.

Misconduct
 The right of an employer to dismiss without notice due to misconduct is not affected
by the Act.

Lay off / Short time working

The employer may not place a person on Lay off or short time working during a period of
notice, if the employee is available to work.

Disputes
Under the Acts any dispute regarding notice may be referred to the Workplace Relations
Commission.

167
SECTION 10 – KEY EMPLOYMENT
POLICIES

Bullying & Harassment Policy

Bullying and harassment of employees, whether by colleagues or management, is a
serious matter, and one that is not always easily recognised. The sample policy detailed
below has been designed to assist in both the identification of incidents of bullying and
harassment, and in dealing with such incidents once a complaint has been received.

SAMPLE BULLYING & HARASSMENT POLICY

The Company will make every effort to ensure that its work environment gives all staff
the freedom do their work without having to suffer harassment or bullying from any
source. All employees should be aware that harassment or bullying is unacceptable
behaviour and is in breach of Company policy.

Present day changes of attitude mean that behaviour once tolerated by colleagues is no
longer acceptable. Behaviour that is acceptable to one person may not be acceptable to
another. If the behaviour is unwelcome and unacceptable, then it is a problem. Whether
the harasser intended it to be offensive is not the point. If the behaviour is unwelcome it
is harassment. The Company will not tolerate harassment of employees from employees,
nor at any level in the organisation or third parties.

Under this policy harassment includes:

 Harassment on grounds of Gender

 Harassment on grounds of Sexual orientation
 Harassment on grounds of Disability
 Harassment on grounds Race/Ethnic Origin
 Harassment on grounds of Religion
 Harassment on grounds of Age/Marital status/ Family Status/ Member of the
travelling community.
 General Harassment or Bullying

Definitions:

Sexual Harassment is defined as unwanted conduct based on a person’s gender which is

offensive to the recipient, and which might threaten a persons job security or create a
stressful, hostile or intimidating work environment. While it is generally regarded that

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sexual harassment is an offence committed by men against women, the evidence of recent
years shows that men are also victims of this form of maltreatment.

Sexual Harassment takes various forms, for example:

Verbal – jokes, innuendo, requests for sexual favours, persisting in attempts to continue a
relationship against the wishes of the other person.
Visual – display of or sending offensive pictures, slogans
Physical – unwanted physical contact, from “groping” to rape.
Harassment on grounds of sexual orientation may take several forms, from jokes and
innuendo to serious physical assault and may include a person’s perceived rather than
actual sexual orientation.

Harassment may include:

 Verbal harassment – offensive jokes about a person’s race of ethnic origin (which
may include membership of the travelling community), or their country of origin
 Visual Harassment – display of material offensive to a particular racial or ethnic
group, such as cartoons, racial propaganda material etc
 Physical Harassment – physical assault

Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical

or otherwise, conducted by one or more persons against another or others, at the place of
work and/or in the course of employment, which could reasonably be regarded as
undermining the individuals’ right to dignity at work. An isolated incident of the
behaviour described in this definition may be an affront to dignity at work but as a once
off incident is not considered to be bullying.

The following are some examples of bullying behaviour:

 Personal insults of name-calling.
 Public or private humiliation.
 Shouting at staff in public and/or private.
 Aggression, sneering, sarcasm.
 Persistently undermining an individual’s job performance.
 Constantly changing working guidelines.
 Making it difficult for staff to have access to general information, e.g. staff
vacancy notices or staff information notices.
 Continually refusing reasonable requests for Annual Leave without good reason.
 Ignoring and isolating people on purpose and excluding them from discussions
 Intimidation and threats in general.

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Effects of Harassment

Harassment can:
 Cause distress and affect the employee’s confidence and self-esteem.
 Affect the recipient’s job performance.
 Create an upsetting and stressful work environment.
 Decrease staff morale.
 Undermine the recipient’s job security.
 Affect productivity levels.

Location

Harassment can take place:

 In the workplace.
 At functions such as Christmas parties or sports functions taking place under the
aegis of the Company.
 Any other place where employees are present on Company business, such as
training courses, business meetings away from the Company’s workplace,
overnights away from base, etc.

Harassment by outsiders
Harassment by Company personnel by person’s not employed by the Company, such as
repair persons, customers, clients, etc, is unacceptable and should be promptly reported to
one of the contact people listed at the end of this section. Although the Company has no
power to discipline the offenders in such cases, upon receipt of a complaint and after
investigation, it will take action in the effort to prevent the recurrence of such conduct.

Undertaking by Management
Any complaint involving harassment will be immediately, seriously and sympathetically
investigated. It is recognised that harassment, especially sexual harassment, is very
difficult for all concerned to deal with. Where a complaint has been substantiated, the
victim will be protected and will not be required to move unless they wish to do so.
Victims shall be protected from intimidation, victimisation, or discrimination for filing a
complaint under this policy. Employees assisting in an investigation will also be
protected. All staff will be provided with a copy of this policy.

Responsibilities

Employees: In addition in securing their own behaviour does not cause problems, all
employees have an important role in creating an environment where sexual harassment or
bullying is unacceptable. They should make clear to others they find such behaviour
unacceptable and support colleagues suffering such treatment.

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Supervisors: In addition to securing their own behaviour does not cause problems,
supervisors are responsible for preventing incidents of sexual harassment or bullying and
must ensure that all staff members adhere to Company policy. Supervisors who become
aware of incidents of sexual harassment are required to immediately advise their
Manager.

Management: In addition to ensuring their own behaviour does not cause problems,
Management should:

 Know the Company policy.

 Communicate the policy as necessary.
 Endeavour to maintain a harassment-free work environment.
 Immediately inform one of the contact people if a complaint is received.

Malicious Complaints

Malicious complaints will be treated seriously and may result in disciplinary action. In
this regard it should be noted that where a complaint is not upheld, this does not
necessarily indicate that the complaint was malicious.

Complaints Procedure

If you believe you are being harassed or bullied you should consider carefully if that is
the case. If so you should raise the problem with the alleged perpetrator, point out that
their behaviour is unacceptable and ask that it stop.

If the harassment/bullying does not cease or if you find it difficult or if you find it
difficult or embarrassing to confront the alleged perpetrator, you may seek advice from
one of the contact people listed at the end of this section, from your Trade Union
representative, or from a Senior Manager. It would be useful to keep a record of
incidents, dates and witnesses, if any.

If you proceed with the complaint, you may contact one of the contact people for
assistance who, depending on the nature of the complaint, will try to find a solution
acceptable to both parties.

Complaints will be handled speedily and in a confidential manner. They will be treated
seriously and sympathetically.

It is a requirement that all individuals involved maintain confidentiality on the subject.

All concerned are guaranteed a fair and impartial hearing.

If a problem is not resolved under the above Complaints Procedure, the Formal Procedure
outlined below will apply.

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Formal Procedures for Handling Complaints

For serious complaints, individual preference or where the problem is not resolved under
the procedures outlined above, the following Formal Procedure will apply:

 The person making the complaint will be required to put the complaint in writing.

 The alleged harasser will be given a copy of the written complaint and given three
days to respond in writing.

 A formal investigation will be carried out by the investigators from the panel
listed below, not including the person who was trying to resolve the problem
informally. In view of the complex and sensitive nature of cases, the investigator
may also enlist the assistance of outside experts in the field concerned.

 It is a requirement that all parties involved maintain confidentiality.

 Both the complainant and the person complained against may have representation
at the hearings if they so wish.

 The investigation will be carried out speedily, within a four-week period if

circumstances allow.

 Both parties will be notified in writing of the outcome of the investigation.

Outcome

1) Should management decide that the complaint is well founded; the alleged
perpetrator(s) should be given a formal interview to determine an appropriate course of
action. Such action could, for example, involve counselling and / or monitoring or
progressing the issue through the disciplinary and grievance procedure.

2) If either party is unhappy with the outcome of the investigation, the issue may be
referred to the Workplace Relations Commission.

Policy Review

This policy will be reviewed from time to time.

Contact People
You should contact the following people if you wish to discuss any incidents with regard
to this policy ___________________________.

I have read and understand the contents of this policy:

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Signed (Employee):______________ Date:___________

Signed (Employer):______________ Date:___________

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 Confidentiality Policy
The details below form the basis of a sample basic confidentiality policy. Always seek
professional advice before implementing such a policy.

SAMPLE CONFIDENTIALITY POLICY

The confidential nature of your work requires that you never disclose any information
you may acquire about the affairs of the company or any of its suppliers/customers. The
records and forms you work with are the property of the company and must not be shown
or given to outsiders without official approval. Failure to comply with these
requirements may result in disciplinary action, up to and including dismissal.

____________(Company Name) Privacy Promise is a commitment to keeping members

and company information secure and using it only as the company would want you to.
Keeping sensitive information secure means that as a business we incorporate this Policy
into our workplace.

We must safeguard, according to strict standards of security and confidentiality any

information the company shares with you.

We will limit the collection and use of______________ (company/supplier/customer)

information to the minimum.

We will permit only authorised company employees, to have access to information.

Employees who violate our Privacy Promise will be subject to corrective action.

We will not reveal ____________ (company/supplier/customer) information to any

external organisation unless we have previously informed the ___________ in
disclosures or agreements, been authorised by the _______________
(company/customer/supplier), or are required by law.

Whenever we hire other organisations to provide support services, we will require them
to conform to our privacy standards and to allow us to audit them for compliance. We
will endeavour to keep company files complete, up-to-date and accurate.

We maintain sensitive information about ___________(company name) and our

customers/suppliers because it helps us to serve them better. At the same time, trust is
the foundation of our relationship, without that no company can succeed. And nowhere

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is trust put more to the test than with the sensitive information we maintain about
_________(company name) and the _______(customers/suppliers). Both parties have a
right to expect that we treat their information with the utmost respect, integrity and care.

____________(Company Name) Privacy Policy remains one of our highest priorities and
one in which we must endeavour to be vigilant at all times.

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 Internet & Email Policies

Summary
Before putting a policy together the following points should be noted

 Be clear about the risks you are trying to avoid.

 Consult staff about the proposed policies and get their input.
 It is important to strike a balance between practicality and control. Remember that
trust is as important as supervision.
 Where appropriate, include the new policies in staff handbooks, new employee
induction, intranet sites and so on.
 It needs to tie in with your disciplinary procedures, employee contracts and other
policies such as non-discrimination.
 Make sure that everyone sees the policy once it is finalised.
 Make sure that the policy is available for people to consult.
 Encourage feedback from employees.
 Someone in the company should be responsible for implementing and monitoring
the policy.
 Keep the policy under review to make sure it stays current.

SAMPLE EMAIL POLICY

This policy applies to all employees when using the electronic mail (or the intranet) in
(Company Name) and on behalf of (Company Name).

Every employee has a responsibility to maintain the company’s image, to use these
electronic resources in a productive manner and to avoid placing the company at risk of
legal liability based on their use.

Use of email
All messages distributed via the company’s email system, even personal emails, are
(Company Name)’s property. You must have no expectation of privacy in anything that
you create, store, send or receive on the company’s email system.

Your emails can be monitored without prior notification if (Company Name) deems this
necessary. If there is evidence that you are not adhering to the guidelines set out in this
policy, the company reserves the right to take disciplinary action, including termination
and/or legal action.

Email is a business communication tool and users are obliged to use this tool in a
responsible, effective and lawful manner. Although by its nature email seems to be less
formal than other written communication, the same laws apply. Therefore, it is important
that users are aware of the legal risks of email:
1. An email message may go to persons other than the intended recipient. If it contains
confidential or commercially sensitive this could be damaging to (Company Name).

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2. Letters, files and other documents attached to emails may belong to others. By
forwarding this information, without permission from the sender, to another recipient
you may be liable for copyright infringement.

3. Email is a fast form of communication. Often messages are written and sent
simultaneously, without the opportunity to check for accuracy. If you send emails
with any libellous, defamatory, offensive, racist or obscene remarks, you and
(Company Name) can be held liable.

4. An email message may legally bind (Company Name) contractually in certain

instances without the proper authority being obtained internally.

5. Email messages can carry computer viruses. If you send an attachment that contains a
virus, you and (Company Name) can be held liable. By opening emails and
attachments from an unknown sender you may introduce a virus into (Company
Name)’s computer operations generally.

6. All personal data contained in emails may be accessible under Data Protection
legislation and, furthermore, a substantial portion of emails to Government and other
public bodies may be accessible under Freedom of Information legislation. Email
should always be regarded as potentially public information, which carry a
heightened risk of legal liability for the sender, the recipient and the organisations for
which they work.

Rules for email use

(Company Name) considers email as an important means of communication and

recognises the importance of proper email content and speedy replies in conveying a
professional image and delivering good customer service. Users should take the same
care in drafting an email as they would for any other communication. Therefore
(Company Name) wishes users to adhere to the following rules:

1. (Company Name)’s name is included in the heading carried with every message sent
by a (Company Name) staff member. Emails reflect on (Company Name)’s image
and reputation. Therefore, email messages must be appropriate and professional.

2. It is strictly forbidden to use (Company Name)’s email system for anything other than
legitimate business purposes. Therefore, the sending of personal emails, chain letters,
junk mail, and jokes is prohibited. All messages distributed via the company’s email
system are (Company Name)’s property.

3. All emails will carry a disclaimer stating that the email is intended only for (Company
Name) use and if used for any other purpose a named person should be contacted
immediately within (Company Name).

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4. Particular care should be taken when sending confidential or commercially sensitive
information. If in doubt, please consult your manager.

5. Company confidential messages should be distributed to personnel only. Forwarding

to locations outside is prohibited.

6. Great care must be taken when attaching documents or files to an email. Letters, files
and other documents attached to emails may belong to others. By forwarding this
information, without permission from the sender, to another recipient you may be
liable for copyright infringement. Again, if in doubt, please consult your manager.

7. Only send emails of which the content could be displayed on a public notice board. If
emails cannot be displayed publicly in their current state, consider rephrasing them,
using other means of communication, or protecting information by using a password.

8. Subscription to electronic services or other contracts on behalf of (Company Name) is

prohibited unless you have the express authority from an authorised member of staff
to do so.

9. If you receive any offensive, unpleasant, harassing or intimidating messages via email
or intranet you are requested to inform your Manager or the IT Personnel
immediately. It is important that we trace such emails as quickly as possible.

10. A hard copy of any important or potentially contentious communication which you
have received via email should be printed and filed appropriately (e.g. confirmation
of order, etc.). Where important to do so you should obtain confirmation that the
recipient has received your email.

11. Documents prepared by (Company Name) for customers may be attached via the
email however information received from a customer may not be issued without prior
consent of the original sender. If in doubt consult your Manager.

12. Users must spell check all mails prior to transmission.

13. (Company Name) reserves and intends to exercise the right to review, audit, intercept,
access and disclose all messages created, received or sent over the electronic mail
system for any purpose. All computer pass codes must be provided to
(managers/supervisor/named position). No pass code may be used that is unknown to
the company.

Notwithstanding the company’s right to retrieve and read any electronic mail messages,
such messages should be treated as confidential by other employees and accessed only by
the intended recipient. Employees are not authorised to retrieve or read any email
messages that are not sent to them. Any exception to this policy must receive prior
approval from your manager. However, the confidentiality of any message should not be
assumed. Even when a message is erased it is still possible to retrieve and read that

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message. If any breach of our email policy is observed then disciplinary action up to and
including dismissal may be taken.

By signing on the line below, I acknowledge that I have read, understand and agree to
comply with the foregoing Email Use Policy. I understand that, if I do not comply with
the Email Use Policy, I may be subject to discipline, including loss of access to
(Company Name)’s facilities. I may also be subject to legal action for damages or
indemnification.

Signature__________________________ Date_________________________

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 Sample Internet Use Policy
This policy applies to all employees when using the Internet in (Company Name) and on
behalf of (Company Name).

System users are expected to be responsible, considerate and ethical in using company
systems, to protect valuable company information and to exercise prudent judgement.
Misuse of company systems may result in restriction or termination of access privileges
and other disciplinary action, up to and including termination.

Internet Rules

1. (Company Name)’s Internet connections are intended for activities that either support
(Company Name) business or the professional development of employees. Web
surfing unrelated to these activities is strictly forbidden. Staff members whom in the
opinion of management have abused this will be subject to disciplinary sanction.

2. General Internet access will only be provided to authorised personnel. Authorised

personnel will be issued with appropriate passwords and those passwords should not
be divulged to any other person at any other stage. Authorised personnel will have
responsibility for Internet access under their password and hence will also have
responsibility for illicit use of that password with or without their consent.

3. Internet usage will be monitored on a systematic basis by the company.

4. To prevent computer viruses being transmitted through the system there should be no
unauthorised downloading of any software. All software downloads will be done
through the IT Personnel or authorised manager.

5. You may not download or use material from the Internet or elsewhere in violation of
software licenses or the copyright trademark and patent laws. You may not install or
use any software obtained over the Internet without written permission from the
Systems Administrator or authorised manager.

6. To access, download or transmit any indecent, obscene, pornographic, racist,

defamatory or other inappropriate material as well as the circulation of such materials
will be a dismissible offence. This rule will be strictly enforced and is viewed an
extremely serious with potential criminal liabilities arising therefrom. The Gardai or
other appropriate authority will be informed where appropriate.

7. If you observe or learn about a violation of this policy, you must report it immediately
to your supervisor or to the Systems Administrator.

8. Use of company Internet access facilities to commit infractions such as misuse of

company assets or resources, sexual harassment, unauthorised public speaking and
misappropriation or theft of intellectual property are also prohibited by general

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 company policy, and will be sanctioned under the relevant provisions of the terms and
conditions of employment.

By signing on the line below, I acknowledge that I have read, understand and agree to
comply with the foregoing Internet Use Policy. I understand that, if I do not comply with
the Internet Use Policy, I may be subject to discipline, including loss of access to
(Company Name)’s facilities. I may also be subject to legal action for damages or
indemnification.

Signature__________________________ Date_________________________

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 Sample Mobile Phone Policy
This policy applies to all employees of (Company Name).

Use of Mobile Phones

In consideration of the welfare and safety of all employees, the use of mobile phones
whilst on company property is strictly forbidden, except in emergency circumstances and
where permission has been obtained prior to their use.

This policy does not apply to the use of mobile phones provided by the company, where
such use is strictly limited to company business.

Failure to adhere to this policy could result in disciplinary action being taken against the
employee, which could ultimately result in dismissal.

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 Maternity & Additional Maternity Leave Policy
This policy applies to all female employees, but can also be applied to the male spouses
of pregnant spouses in the event that the woman dies during pregnancy.

SAMPLE MATERNITY LEAVE POLICY

If you are expecting a baby you are entitled to paid Maternity Leave for a minimum
period of twenty two weeks. During this period you can claim social welfare from the
Department of Social and Family Affair. (EMPLOYERS See Note at end)

Of these twenty two weeks, two weeks must be taken before the expected date of delivery
and four weeks after. The remaining sixteen weeks may be taken as you wish. You may
apply to alter the commencement date provided the application is for medical reasons and
a certificate is produced from your doctor.

In the event that you give birth later than expected, you are entitled to at least four weeks
leave after the birth. In the event that you give birth prematurely you are also entitled to
minimum period of 22 weeks.

You are required to advise the Company in writing four weeks before the commencement
of your maternity leave. A Doctor’s Certificate stating the expected date of delivery and
a note regarding your intentions regarding the return to work must also be provided.

You may also take a further sixteen weeks unpaid leave if you wish. Notice of additional
leave must be given to the Company at least four weeks before your maternity leave is
due to expire. Notification must be given to the Company as soon as possible after the
confinement, but not less than four weeks of the planned date of return to work.

Full details of the Maternity Protection Act 1994 & 2004 are available from
______________.

NOTE: It is not statutory for employers to pay Maternity Leave. Employees are
only entitled to state benefit during Maternity Leave.

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 Restrictive Practice Policy
The details below form the basis of a sample basic restrictive practice policy. Always
seek professional advice before implementing such a policy.

SAMPLE RESTRICTIVE PRACTICE POLICY

During the period of this contract, you will devote the whole of your time and attention to
the business of the Company and you undertake that during the period of this contract
you will not engage in any other activity which is likely to prejudice your ability to serve
the company, nor will you engage in any business activity which may cause a conflict of
interest with the business of the company.

You will not at any time either during the subsistence of this contract or after its
termination make use of or communicate to any unauthorised, any of the trade secrets or
confidential information of the Company which you may have obtained while in the
service of the Company

Any discovery, invention or process made or discovered by you whilst in the employment
of the Company and relating to the business of the Company will be the property of the
Company and must be disclosed to the Company and you undertake to join with the
Company at any time in applying for letters, patent or other appropriate licence for such
discovery, invention or process. Failure to comply with these requirements may result in
disciplinary action, up to and including dismissal.

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 Smoking In The Workplace Policy
Legislation in relation to smoking in the workplace is covered by the Public Health
(Tobacco) Acts 2002 and 2004 Section 47 - Smoking Prohibitions.

Under the legislation smoking will not be permitted in any enclosed workplace, although
some exemptions apply (see below). In areas where the legislation will apply smoking
rooms / areas will not be permitted.

There are currently no regulations around the use of e-cigarettes in the workplace, it is
therefore for the employer to determine the acceptability of their use by employees.

Where will the exemptions apply?

Most workplaces are covered by this measure; however, there are some exemptions:
- Outdoor places of work
- Places of detention
- Places that are similar to a private dwelling such as bedrooms in hotels, guesthouses,
hostels and B&Bs
- Some care institutions such as nursing homes, hospices, psychiatric hospitals and
certain charitable institutions, and
- Some outdoor locations such as beer gardens and smoking shelters, provided they
comply with the legislation.

An exemption does not constitute a right to smoke and employers are still bound by
duty of care to protect their employees.

It should be noted that an employer could decide not to avail of the above exemptions.

Is an employer obliged to provide an outdoor smoking area?

No. There is no obligation on an employer to provide an outdoor smoking area. Any
outdoor smoking facility that may be provided is at the discretion of the employer and is
subject to the requirements of the legislation.

How do Employers comply with the legislation?

Employers, managers and other persons in charge of workplaces in which smoking is
prohibited must make all reasonable efforts to ensure that:
- their staff or any other persons (e.g. visitors or customers) are aware of the
prohibition on smoking in order to facilitate compliance with the law.
- that employees, customers and visitors to their premises do not smoke in
contravention of the law.
- if they are made aware of a person smoking in contravention of the law they should
make all reasonable efforts to ensure that the contravention ceases and is not repeated.

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The minimum reasonable efforts required are:
- Developing and implementing a smoke-free policy in the work place and ensuring
that any infringements are dealt with under local disciplinary procedures or as set out
on page 9 in this section.
- Displaying “No Smoking” signs to alert employees, customers or visitors of the
workplace smoking ban.
- Removing all ashtrays from the premises and providing appropriate bins at entrances
if required.

An employer should:
Create a Smoke-Free Environment:

 Eliminate existing indoor or enclosed designated smoking rooms.

 Conspicuously display sign indicating that this is a smoke-free workplace.
 Workplaces will be obliged to display a sign indicating the owner or person in
charge, and the name of the person to whom a complaint can be made, if
necessary.
 Remove ashtrays and provide suitable receptacles at entrances for cigarette butts
and packs.

Have a Smoke-Free Workplace Policy

Any person in charge of a workplace should develop and implement a written policy and
procedures to ensure compliance with the legislation. The main aim of the policy is to
create a healthy environment for all employees by creating a smoke-free workplace.

The policy should clearly identify which members of management/staff have

responsibility for its implementation and include procedures to be followed in the event
of non-compliance. The policy must be communicated to all staff. A sample smoke-free
workplace policy is contained in this Guide.

Communicate and Consult with Employees

Educate and consult with employees about

 Second-hand smoke
 The requirements of the legislation
 Developing a Smoke-Free Work Policy
 The changes in the work environment needed to comply with legislation
 The disciplinary procedures for non-compliance

Support Smokers Wanting to Quit:

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  Display and circulate details of the national smokers’ Quitline 1850 201 203
 Further advice on smoking cessation is available at www.healthpromotion.ie
 Encourage all employees to support smokers in adapting to the changed
environment.

What do Employees need to do?

Employees and any other persons (e.g. visitors or customers) are not permitted to smoke
in an enclose workplace and must comply with the legislation in this regard. Failure to
comply with the legislation may result in prosecution.

Further information on smoke-free at work is available from www.smoke freeatwork.ie,

the Office of Tobacco Control (www.otc.ie) or your local Health Board.

Penalties
Under the Public Health (Tobacco) Acts a person who smokes in contravention of the
legislation is guilty of an offence.

Under the Act where a person smokes in contravention of the legislation, the occupier /
manager or person in charge of the place where the contravention occurs shall be guilty
of an offence.

The Act established a defence for a person whom proceedings are brought against,
provided that they can demonstrate that they have made all reasonable efforts to ensure
compliance.

A person found guilty of an offence is liable on summary conviction to a fine of €3,000

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 Sample Smoke-Free Work Policy
To fully comply with Public Health Tobacco Acts 2002 and 2004 Section 47 - Smoking
Prohibitions, and in the interest of providing a safe and healthy environment for both
employees and the public, it is the policy of (company name) that all of its work places
are smoke free and that all employees have a right to work in a smoke-free environment.

Implementation
Overall responsibility for implementation of the Smoke-Free Workplace Policy rests with
the employer / occupier / manager / (name of the person in charge of the workplace).
However all staff are obliged to adhere to, and facilitate the implementation of this
policy.

Smoking is not permitted throughout the entire workplace with no exceptions. This
policy applies to all (company name) employees, clients, contractors, customers and
visitors. (Optional) Smoking shall only occur at a reasonable distance (e.g., 20 feet or
more) outside any enclosed area where smoking is prohibited to insure that
environmental tobacco smoke does not enter the area through entrances, windows,
ventilation systems or any other means and may only be done during official break times.

Copies of this policy shall be distributed to all employees and contractors with (company
name). No Smoking signs shall be posted at all building entrances.

Policy Infringements
Failure to comply with the policy outlined above will result in company disciplinary
procedures being applied. Infringements by clients, contractors, customers or visitors will
be dealt with in accordance with the legislation.

Any employee, clients, contractors, customers or visitors who contravene legislation

prohibiting smoking in the workplace are also liable to incur a criminal prosecution with
an associated fine of up to €3,000.

Smoking Cessation
Information on how to obtain help quitting smoking available from 1850 201 203 (The
National Smokers Quitline or the Health Promotion Services of the local health board).

The success of this policy will depend upon the thoughtfulness, consideration and
cooperation of smokers and non-smokers. All employees share in the responsibility for
adhering to and enforcing this policy.

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 Social Media Policy
The Social Media Policy document provides guidance and direction to staff when
utilising all types of online social media sites and networks. This policy applies to all
employees either participating personally, or communicating on behalf of the company,
while online.

Misuse or abuse of social and digital media can cause significant injury to third parties
and can also impact negatively on the credibility of the company. This is particularly
relevant in the context of safeguarding patient care and personal information. The
company is potentially vicariously liable for injury caused by misuse or abuse of social
and digital media channels by it’s employees. Consequently the company takes any
misuse or abuse of social and digital media by employees very seriously and can lead to
significant disciplinary and legal actions.

Like all employee policies, it is the responsibility of local line management to address
any issues that arise in relation to breach of these policies and regulations. There is also a
significant personal responsibility placed on each employee.

Information Security Policy

Each user is responsible for respecting and protecting the privacy and confidentiality of
the information they process at all times

Electronic Communications Policy

Confidential information regarding company business practices and procedures or
personal information about any suppliers, clients or employees must not be posted or
discussed on internet social networking websites, internet video hosting/sharing websites,
internet discussion forums, message boards or internet chat rooms.

The company reserves the right to take such action as it deems appropriate against users
who breach the conditions of these policies or Data Protection regulations. Employees
who breach these policies may be denied access to the organisation’s information
technology resources, and may be subject to disciplinary action, including suspension and
dismissal as provided for in the disciplinary procedure.

Code of Standards and Behaviour

There is an implied term of mutual trust and confidence between employer and employee
in all employment contracts. A very negative, defamatory or damaging posting or
communication by an employee may entitle the employer to proceed with the
Disciplinary Process, including investigation, and discipline up to dismissal if warranted.
If defamatory material is posted on a social networking site, defamation claims may arise
against the employee.

Employees must not improperly disclose, during or following termination of

employment, information gained in the course of their work. Employees are expected to

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comply with the Code of Standards and Behaviour at all times. Breaches of the code will
constitute a breach of the terms of employment and may result in disciplinary action
being pursued in accordance with agreed procedures.

SAMPLE SOCIAL MEDIA POLICY

Representing the Company
The same rules that apply to our communications in traditional media, like newspapers,
television and radio, also apply in online news or social media sites or networks.
 Official comment from the company to be broadcast online should be routed through
appropriate Communications staff in the first instance.
 Any section / department that wishes to establish a social media profile or site should
seek communications support via the appropriate manager, who will then be then
responsible for the ongoing management and governance of authorised social media
pages or profiles and consequently must be familiar with this policy document.
 The company will ensure that any official comments made online meet obligations
under the Data Protection Act, especially in relation to private information.
 It will also be cognisant of any copyrights, trademarks, rights of publicity, and other
third party rights in the online social media space, including user generated content
(UGC).
 Any requests from the media, public representatives or other organisations for official
comment from the company on any topic should be referred to the manager.

Personal Social Media Profiles

Over 2 million people in Ireland have a Facebook profile, and most of them use it on a
weekly or daily basis. This is one only of a range of websites that allows visitors to
establish a profile and enter into debate, comment and conversation online, like Youtube,
Twitter, Pinterest, news sites like the Journal.ie and many more.

Everyone is entitled to explore and engage in social media communities in a personal

capacity, at a level at which they feel comfortable. As time passes, more and more people
tend to link together in this way, and many social media sites will continue to allow you
to register personal information like your hometown, education, likes, interests - and
details of your employer.

If you choose to identify yourself as an employee on social media profiles, or in your

commentary on personal topics within social media sites, it is important to use common
sense and be aware of the nature of your comments and their possible consequences. It is
important that all our employees are aware of the implications of engaging in forms of
social media and online conversations that reference the company or your association
with the company. Privacy, Data Protection requirements, defamation law and basic duty
of care all still apply in comments that are made while off-duty and online. If an
employee comments online in a personal capacity while identified as an employee, these
comments can be attributed or perceived as the official position of the company.

Remember, when using social media in personal time:

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 Be respectful of all individuals, races, religions and cultures; how you conduct
yourself in the online social media space not only reflects on you – it is a direct
reflection on your professionalism, your clients and your employer.
 Think before you post. Anything you post that is inaccurate, unfair, or breaking
privacy standards will ultimately be your responsibility.
 You may come across negative posts about the company, but should avoid
responding yourself. The post in question should be forwarded to the manager who is
authorised to respond to comments on behalf of the company.
 Be conscious when mixing your business and personal lives. Online, your personal
and business profiles are likely to intersect. The company respects the privacy of all
employees, but you must remember that clients and colleagues may have access to the
online content you post. Keep this in mind when publishing information online that
can be seen by more than friends and family, and know that information originally
intended just for friends and family can be forwarded on very easily.
 Know that the Internet is permanent. Once information is published online, it is
essentially part of a permanent record, even if you “remove/delete” it later or attempt
to make it anonymous.

Protecting Employees from online abuse

Given the nature of and the high levels of participation in social media sites like
Facebook in Ireland, employees may from time to time become the victim of abuse or
defamation by members of the public through comments made and published on the
internet or on social networks.

Where this occurs, local line management will work to support its employees in every
way possible. Responsibility for responding to staff concerns about and co-ordinating the
response to abusive online comments rests with local line management, as is does with all
staff health safety and welfare issues.

Where staff are notified of or are concerned about an abusive or defamatory post, profile,
comment or page relating to an employee or service, this should be reported immediately
to the senior line manager. The line manager should arrange for the post to be reviewed,
and where possible or appropriate, the post should be reported as abuse with the relevant
site’s existing reporting process. A screenshot should be recorded of the comment.

The company senior management are available to assist line managers in responding to
cases such as this, by providing access to sites such as Facebook to allow for online
reporting, and also by giving advice on how to approach website or network owners and
publishers directly in relation to reporting abusive content.

191
 Sample CCTV System Policy

1 Introduction
1.1 The purpose of the CCTV System Policy of X Company (“the Policy”) is
to regulate the management, operation and use of the closed circuit
television (CCTV) system (“the System”) at X Company (“the
Company”).

1.2 The system comprises a number of fixed and dome cameras located
around the company site. The Policy follows the Data Protection
Commissioner’s published guidelines and is in accordance with the Data
Protection Acts 1988-2003 (“the Acts”).

1.3 The System is wholly owned by the Company.

2 Objectives of the System

(a) To act as a deterrent against criminal activity affecting property belonging
to the company.
(b) To increase safety of staff, customers and visitors.
(c) The System will not be used to monitor the movements of staff, customers
or visitors.

3 Statement of intent
3.1 The Company will treat the System and all information, documents and
data images obtained and used there from as data which may be deemed
personal data requiring protection under the Acts.

3.2 It is intended that the CCTV cameras will be used to capture images of
intruders or individuals damaging property or removing goods without
authorization, and release this information to and at the request of, the
Gardai.

3.3 Information captured as a result of the use of the System will not be used
for any commercial purpose. The recorded images shall be stored on
DVDs which will only be released to third parties for use in the
investigation of a specific crime and with the written authority of the
Garda Siochana. DVDs containing personal data will never be released to
the media or other third parties for any purpose that is not permitted under
the Policy without the Data Subject’s consent.

3.4 The planning and operation of the System has been designed to ensure that
it provides maximum effectiveness and efficiency insofar as is reasonably
practicable, but it is not possible to guarantee that the System will cover or
detect every single incident taking place in the areas of coverage.

192
 3.5 Warning signs, as required by the Code of Practice of the Data Protection
Commissioner have been placed at all access points to areas covered by
the company CCTVs to inform all persons who may be deemed Data
Subjects, of the existence of the System.

4 Operation of the system

4.1 For the purposes of the Data Protection Acts 1988-2003 the Data
Controller will be (Company). In practice, the System will be managed by
the Manager, in accordance with the principles and objectives expressed in
the Policy.

4.2 The day-to-day management will be the responsibility of the Manager and
be approved by the Chief Executive. Other personnel may also be
authorised by the Chief Executive to view recorded images for the
purposes outlined in this policy, e.g. the Assistant Manager.

4.3 The Manager’s office (referred to in 6 below) will only be staffed by the
Company’s authorised security and management personnel who shall also
adhere to the Policy.

4.4 The System will be operated 24 hours each day, every day of the year,
except for periods of breakdown or necessary maintenance.

5 Control Room
5.1 The Manager’s office is where the system is installed and from where it is
controlled. The Manager will check and confirm the efficiency of the
System regularly and in particular that the equipment is properly recording
and that cameras are functional. The recording equipment is located in a
locked cabinet in the Manager’s office. The key will be held by the
Manager.

5.2 Access to the Manager’s office will be limited to authorised personnel

while recorded data is being viewed.

5.3 If out of hours emergency maintenance arises, the Management and or

Data Controller must be satisfied of the identity and purpose of contractors
before allowing access to the Control cabinet.

5.4 During the working day when the Manager’s office is not manned the
Control cabinet will be kept locked.

6 Recording procedures
6.1 CCTV recording will be maintained at all times.

6.2 CCTV Monitors are installed in the following areas and will be used in
accordance with this policy:
(a) Manager’s office

193
 (b) Other locations (if any). Should this be a remote monitor its use
will be restricted to ensure that staff and customer movements are
not being monitored or captured continuously.

7 Video recording procedures

7.1 Recordings are initially made to a hard disk which is located in the locked
Control cabinet in the Manager’s office. The equipment is programmed to
delete images after 28 days automatically. Data can be recorded on to
DVDs for specific purposes in accordance with this policy and with the
authorization of the Chief Executive. Such DVDs will be stored in the
locked Control cabinet.

7.2 In order to maintain and preserve the integrity of the DVDs used to record
events from the hard drive and the facility to use them in any future
proceedings, the following procedures for their use and retention must be
strictly adhered to:
(a) Each DVD must be identified by a unique mark.
(b) Before use each DVD must be cleaned of any previous recording.
(c) The Manager shall register the date and time of DVD insert,
including DVD reference.
(d) A DVD required for evidential purposes must be sealed, witnessed,
signed by the Manager, dated and stored in a separate and secure,
safety container. If a DVD is not copied for the Gardai before it is
sealed, a copy may be made at a later date providing that it is then
resealed, witnessed, signed by the Manager, dated and returned to
the evidence DVD store.
(e) If the DVD is archived the reference must be noted.

7.3 DVDs may be viewed by the Gardai when requested to assist them in their
duties.

7.4 A record will be maintained of the release or viewing of DVDs to the

Gardai or other authorised persons. A register will be maintained for this
purpose.

7.5 Should a DVD be required as evidence, a copy may be released to the

Gardai under the procedures described in paragraph 7.2 (d) of the Policy.
DVDs will only be released to the Gardai on the clear understanding that
the recording remains the property of the Company, and both the DVD
and information contained on it are to be treated in accordance with this
code. The Company also retains the right to refuse permission for the
Gardai to pass to any other person the DVD or any part of the information
contained thereon. On occasions when a Court requires the release of an
original DVD this will be produced from the secure evidence DVD store,
complete in its sealed bag.

194
 7.6 The Gardai may require the company to retain the stored DVDs for
possible use as evidence in the future. Such DVDs will be properly
indexed and properly and securely stored until they are needed by the
Gardai.

7.7 In respect of DVDs not required to be retained for security, crime

detection or other legitimate purposes, the Company will ensure its best
endeavours are used to safely and properly dispose of the contents of the
DVDs after 28 days.

7.8 Applications received from outside bodies (e.g. solicitors) to view or

release personal data stored on DVDs and held by the Company will be
referred to the Chief Executive. In these circumstances a copy of the
relevant DVD will normally be made available for viewing or released
where satisfactory documentary evidence is produced showing that they
are required for legal proceedings, a subject access request, or in response
to a Court Order. A fee can be charged in such circumstances: €6.35 for
subject access requests; a sum not exceeding the cost of materials in other
cases.

8 Breaches of the Policy (including breaches of security)

8.1 Any breach of the Policy by the Company staff or any other person with
responsibility under the Policy will be initially investigated by the Chief
Executive, in order for him/her to take the appropriate disciplinary action.

8.2 Any serious breach of the Policy will be immediately investigated and an
independent investigation will be carried out by nominees of the Chief
Executive to make recommendations on how to remedy the breach.

9 Assessment of the System

9.1 Maintenance and performance of the system, including random operating
checks, will routinely be carried out by the Manager.

10 Complaints
10.1 Any complaints about the Company’s CCTV system should be addressed
to the Chief Executive.

10.2 Complaints will be investigated in accordance with paragraphs 8.1 and 8.2
of the Policy.

10.3 Any person who might be deemed a Data Subject in relation to the System
shall be at liberty to make a complaint directly to the office of the Data
Protection Commissioner, Canal House, Station Road, Portarlington, Co.
Laois.

195
11 Access by the Data Subject
11.1 The Acts provide Data Subjects (individuals to whom "personal data"
relate) with a right of access to personal data held about themselves
(including images recorded by the System and stored on DVDs), under the
terms of the Acts.

11.2 Requests by Data Subjects for such access should be made in writing to
the Chief Executive.
11.3 The form of access granted may consist of facilities being offered at the
Company premises to view the relevant personal data or the release of a
copy DVD storing the relevant personal data.

12 Public information
Copies of the Policy will be available to the public from the Company Office and
the Chief Executive.

Date:

196
 SECTION 11 – INDUSTRIAL
RELATIONS
Workplace Relations Commission (WRC)

As of the 1st October 2015, the Workplace Relations Commission is now the first port of
call for all employment claims. The previous set up had five separate bodies dealing with
employment issues - The Labour Relations Commission (LRC), the National
Employment Rights Authority (NERA), the Equality Tribunal, Employment Appeals
Tribunal (EAT) and the Labour Court and it was cumbersome process. These bodies have
now been subsumed into the Workplace Relations Commission.

The new structure has only two bodies for employers, employees and legal profession to
deal with:
1. The Workplace Relations Commission which will deal with complaints of first
instance and
2. The Labour Court which will deal with appeals

The reform was necessary as the old system had become outdated and arduous for
employee, employer and representatives alike. Previously if an employee had multiple
claims they would be heard separately by each of the regulatory bodies however under
the new system all claims made by an employee can be heard by the WRC, resulting in a
speedier process for all parties involved.

Workplace Relations Reform - the Key Points

The following are the key points for employers to take from the reform process:

 All employment claims lodged on or after 01 October 2015 will be heard by

the WRC
 Any claims lodged to the EAT prior to 01 October 2015 will still be heard by
the EAT under the old system.

197
  Any claims lodged to the LRC or Equality Tribunal, whether before or after 01
October 2015, will now be heard by the WRC.
 There will be no right of appeal to the Circuit Court under the new system. If any
party wishes to appeal a Labour Court decision then it will be to the High Court
on a point of law only.
 WRC hearings will not be conducted in public and decisions published online
will not disclose the names of the employer or employee. Labour Court hearings,
party names, and decisions will be made public however.
 Under the new system, the WRC or Labour Court can request that certain claims
be heard by means of written submission only. However, neither party will be
obliged to agree to this request.
 All employment claims under the new system must be taken within 6 months
of the alleged incident. If the employee has failed to do so then the deadline may
be extended to 12 months where the employee had a reasonable cause for the
delay.
 If an employer fails to comply with a decision to award compensation then this
will be deemed an offence which, on summary conviction, can result in a fine up
to €5000 or imprisonment up to 6 months, or both.

The new system places a heavy focus on mediation. If the WRC feels that a claim can be
resolved by mediation, and the employer and employee agree, then it will be referred to a
mediation officer. Any resolution reached through mediation will be legally binding.

198
 Sample Induction Policy and Checklist
POLICY STATEMENT

1. GENERAL

<Company> believes that all new employees MUST be given timely induction training.
This training is regarded as a vital part of staff recruitment and integration into the
working environment. This policy, associated procedures and guidelines define the
Company’s commitment to ensure that all staff are supported during the period of
induction, to the benefit of the employee and Company alike.

2. AIM

It is the aim of the Company to ensure that staff induction is dealt with in an organised
and consistent manner, to enable staff to be introduced into a new post and working
environment quickly, so that they can contribute effectively as soon as possible. This
induction policy, associated procedures and guidelines aim to set out general steps for
managers and staff to follow during the induction process. It is expected that all managers
and staff will adhere to this policy.

The Company expects that the implementation of good induction practice by

managers/supervisors will:
 Enable new employees to settle into the Company quickly and become productive
and efficient members of staff within a short period of time.
 Ensure that new entrants are highly motivated and that this motivation is
reinforced.
 Assist in reducing staff turnover, lateness, absenteeism and poor performance
generally.
 Assist in developing a management style where the emphasis is on leadership.
 Ensure that employees operate in a safe working environment.
 Will reduce costs associated with repeated recruitment, training and lost
production.

3. THE COMPANY’S COMMITMENT

The Company Human Resources Department / Head Office will:

 Issue guidelines to familiarise managers and staff with the induction process.
 Maintain and update the Induction Policy.
 Provide a checklist for managers and staff to follow during the induction period.
 Ensure there is effective monitoring of the induction process particularly in the
first three months.
 Deal with any problems promptly providing an efficient service for both
managers and staff.
 Review all policy, procedure and guideline documents on a regular basis.
 Provide relevant formal training courses necessary to assist the induction process.

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GUIDELINES FOR MANAGERS/SUPERVISORS

1. GENERAL

Starting a new job is a demanding and often stressful experience. Quite apart from the
obvious challenge of tackling new tasks, there is also the need to become accustomed to a
new organisation, a new environment and new colleagues. The purpose of induction is to
support new employees during this difficult period and to help them become fully
integrated into the Company as quickly and as easily as possible.

Induction has benefits for all involved in the process. Employees who settle quickly into
the Company will become productive and efficient at an early stage and in turn will
experience feelings of worth and satisfaction.

It is generally recognised that new employees are highly motivated and an effective
induction process will ensure that this motivation is reinforced.

2. BENEFITS OF INDUCTION

The advantages of an effective and systematic induction process are as follows:

 To enable new employees to settle into the Company quickly and become
productive and efficient members of staff within a short period of time.
 To ensure that new entrants are highly motivated and that this motivation is
reinforced.
 To assist in reducing staff turnover, lateness, absenteeism and poor performance
generally.
 To assist in developing a management style where the emphasis is on leadership.
 To ensure that new employees operate in a safe working environment.
 To reduce costs associated with repeated recruitment, training and lost production.

3. INDUCTION CHECKLIST

The Induction checklist is a very useful way of ensuring that information is imparted to
new employees when they are likely to be most receptive. It avoids overloading
employees with information during the first weeks whilst ensuring that all areas are
covered. Managers/supervisors should ensure that these matters have been properly
understood whilst the checklist is being completed, perhaps in the form of a weekly chat
with the new entrant. Arrangements should also be made for the employee to visit any
relevant departments with which they have regular contact in the course of their duties.
At the end of the process the induction checklist should be signed by the relevant parties
and placed in the member of staff's personnel file.

200
4. FIRST DAY OF EMPLOYMENT

Preparations should be made for the arrival of the new entrant well in advance, for
example, arrangements should be made to provide desk, equipment and lockers etc.
Most new employees tend to be concerned primarily with two matters:

a) whether they can do the job and

b) how they will get on with their new colleagues.

It is therefore important to introduce them to their new workplace and colleagues at the
earliest opportunity. An introductory talk will be appropriate at this time and can be
combined with the provision of general information and exchanging any necessary
documentation. This talk should be as brief as possible, because the employee is unlikely
to be receptive to detailed information at this stage, and should be conducted by someone
who is well prepared and has sufficient time available. Managers/supervisors should refer
to the Induction Checklist and use it as a basis for discussion thus ensuring all
documentation is complete.

A tour of the workplace should be arranged for the new entrant allowing the Company /
Division to be viewed as a whole and the recruit to see where he/she fits into the
organisation.

The new entrant will want to get to know his/her colleagues and quickly become part of
the team and time should be made for this process. Colleagues should be briefed on the
new entrant’s arrival. If possible one of the new entrants colleagues should be nominated
to ensure that he/she has every assistance in settling in quickly.

5. INDUCTION PROGRAMMES

Induction programmes must be geared to the individual’s needs. Some of the more
obvious new members of staff requiring special attention are as follows:

School Leavers
For most new employees, induction is concerned with getting accustomed to a new job.
For school leavers, however, it is about adjusting to a whole new way of life - the world
of work. Consequently, school leavers are likely to need more support than other groups.
Wherever possible, induction and subsequent training should relate to knowledge and
skills which go beyond the employee’s own particular job. School leavers will need
guidance on wider issues, such as career planning, acquiring qualifications, coping with
the routine and discipline of work and managing money.

It would also be helpful for school leavers to be introduced to an approachable person to

whom they could take any queries they might have.

201
Graduates
Graduates tend to have a high level knowledge but may not have the skills relevant to the
job. They will want to feel that they are making a contribution from early on and to
understand the organisation of the Company and their role within it. Also they will want
to have a clear picture of future career prospects and to gain broad experience with this in
mind. The Trust should provide the graduate recruit with an adviser - such as a senior
manager - who can organise the necessary breadth of experience and offer advice and
support in relation to career progression.

Managers
Whilst many of the points in the checklist apply equally to all new managerial staff, in
most cases individual induction programmes will be necessary. These should be drawn
up in consultation with new managers, taking into account their backgrounds and
experience and the nature of their new roles. Priority should be given to helping new
managers establish and maintain relationships with management colleagues and
opportunities should be provided for them to spend time in other relevant departments to
facilitate this process. This will help managers quickly to gain an understanding of the
Company’s philosophies, strategic plans and business plans.

Ethnic Minorities
In some cases, it may be necessary to design induction programmes with the special
needs of ethnic minorities in mind. Language problems and attitudes amongst existing
staff may be areas requiring particular attention. This is preparation that should be
completed before any member of staff joins the Company. The Company will not tolerate
racist or prejudiced behaviour in any form.

Long-term Unemployed
Previously long-term unemployed people who have been recruited may have been absent
from the working environment for some time so it will be helpful to recap on some of the
issues relating to school leavers. these should, of course, be adapted to suit older workers,
who may need to build up confidence and the induction process can be used to update
knowledge of basic office technology (photocopiers, fax machines, telephone systems,
etc. as well as computers).

Other Groups
Other groups that may need particular consideration include disabled employees and
women returning to work after having raised a family.

These groups will also require the induction procedure as women returning to work may,
like the long-term unemployed, be out of touch and lacking in confidence. Disabled
employees may have all or a combination of induction needs, but these needs may be
compounded by their disabilities. Part of the induction process for disabled employees
will involve checking such things as wheelchair access to parts of the workplace, toilets
and lifts etc. The necessary reasonable adjustments to the workplace required to
accommodate the disabled individual should be completed prior to them commencing,
and carried out in discussion with the individual or their adviser.

202
COMPLETING THE INDUCTION PROCESS
Induction can be said to end when the individual become fully integrated into the
organisation. Of course, there is no set timescale within which this will happen and
follow up is essential. Giving new employees the opportunity to ask questions several
weeks into employment can be useful, and the induction checklist will provide this
opportunity. In some areas, such as understanding wider aspects of the organisation,
follow up after a number of months may be appropriate.

203
 COMPANY NAME

INDUCTION PROGRAMME FOR NEW STAFF

DEPARTMENT ......................................................................

NAME OF EMPLOYEE ......................................................…………..

JOB TITLE ......................................................................

DATE COMMENCED ......................................................…………..

This is a checklist of information for Induction which managers / supervisors should use
with new staff as part of their induction programme within the first few days, and
certainly within the first two weeks of employment. Health and Safety items should be
identified immediately. The new employee should be asked to tick each subject as he/she
has been informed about it, and sign the end of the form. The manager / supervisor then
sends the form to the Personnel Department / Head Office for inclusion in the employee’s
personnel file.

Not all the following subjects are applicable to all departments. Should this be the case,
record N/A.

Please read the guidance notes below before completing this form.

Guidance Notes
Certain groups of staff have specific induction needs. the main groups are detailed below,
with particular points to take account of, highlighted.

ITEMS SPECIFIC TO THE FOLLOWING GROUPS OF STAFF

Staff with Disabilities

Disabilities include for example physical handicap, deafness, blindness, mental handicap.
consider the following for discussion:

1. Confirm the nature of the disability.

2. Clarify if the employee has any special needs relating to disability.
3. Check whether employee has any particular concerns regarding the workplace.

Graduates and College/School Leavers

These staff may have no previous work experience and will need careful integration into
the department. Discuss the following:

204
1. Role within the department.
2. Reporting responsibilities.
3. Allocation and prioritisation of work.

Staff Returning to Work after a Period of Absence

This includes staff who were previously unemployed, women returning after starting a
family, or after any other prolonged period of non-employment. Discussion should
include, for example:

1. The difference between the employee’s previous working environment and this new
one.
2. Changes in skills required for this area of work.
3. Requirement for training to update skills.

Managers and Professional Staff

These staff need a broader induction to put their post in context.

1. Structure and culture of department.

2. Role in relation to Department / Company as appropriate.
3. Training course in supervisory and management skills, if required.

ITEMS TO COVER WITH EACH NEW EMPLOYEE

The Department Complete

1. Department function
2. Introduction to colleagues
3. New entrant’s own job
4. Supervision
5. General layout - entrances and exits
6. Telephone system, bleeps and intercom systems

Conditions of Employment
1. Information on hours of work, including duty rotas, shift systems "on-call"
breaks
2. Time recording, flexi-time
3. Bonus scheme, allowances
4. Probationary periods of employment
5. Company Pension scheme and eligibility
6. Reporting in when sick including when on leave
7. Arrangements for requesting leave: annual leave, unpaid leave, compassionate
leave
8. Issue of uniforms, and uniform policy, protective clothing, replacement,
laundry

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arrangements

Health and Safety, Security, Fire

1. Health and safety information relevant to the department
2. Issuing of fire instructions and procedure
3. Location of fire-fighting equipment
4. Accident reporting
5. First aid facilities/pre-employment health screening/role of Occupational
Health /
Company Doctor
6. Loss of personal effects
7. Security of department/building
8. Arrangement for keys, passes, ID Badges etc.
9. Violence and aggressive behaviour
10. Management of monies/valuables
11. Major Incident procedures

Conduct
1. Personal presentation
2. Disciplinary procedures
3. Courtesy to the customer and the public
4. Confidentiality
5. Noise Control
6. Acceptance of gifts
7. Statements to the Press
8. Local rules regarding smoking
9. Private use of telephones
10. Standards of Business Conduct

Facilities
1. Cloakroom, lockers, lavatories
2. Canteen

Education, Training, Promotion

1. Study leave
2. Means of advancement, promotion opportunities
3. Employee appraisal, review systems

Employee Involvement and Communication

1. Employee or Trade Union representative
2. Communication arrangements
3. Information sources, e.g. notice boards, circulars etc.
4. Food and Health Policy
5. Handling Complaints

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Items Specific to Department
1. Pay
2. Notice of termination of employment
3. Sick certificates
4. Waste disposal
5. Control of infection
6. Lifting and handling

OTHER RELEVANT ISSUES SPECIFIC TO DEPARTMENT

I have been informed about and understand the above items.

Signature:...................................……………………………………………………
Date:..............

I confirm that the above Induction Programme has been completed for the above member
of staff.

Signature of Head of Department/

Designated Officer:...................................…………………………………………
Date:..............

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 Index
S = Section, P = Page
Example: S3-P29 = Section 3, Page 29
A Unfair Dismissals Acts, 1977 – 2005,
Absenteeism, S3-P94
Acts;
Adoptive Leave Acts, 1995 & 2005,
S3-P82, S9-P156
Carer’s Leave Act, 2001, S3-P89
Data Protection Acts, 1998 & 2003,
S5-P107
Employees (Provision of
Information and Consultation) Act
2006, S2-P44
Employment Equality Acts, 1998 &
2004, S7-P131
Employment of Young Persons
(Employment) Act, 1996, S2-P39
Equal Status Acts, 2000 & 2004,
S7-P135
Maternity Protection Acts, 1994 &
2004, S3-P72
Minimum Notice and Terms of
Employment Act, 1973 – 2001, S9-
P163
National Minimum Wage Act, 2000,
S4-P102
Organisation of Working Time Act,
1997, S2-P65
Parental Leave Act, 1998, S3-P84
Payment of Wages Act, 1991, S4-
P99
Protection of Employees (Collective
Redundancies & Related Matters)
Act, 2007, S9-P163, 165
Protection of Employees (Fixed
Term Workers) Act, 2003, S2-P33
Protection of Employees (Part Time
Work) Act, 2001, S2-P37
Redundancy Payments Acts, 1967-
2003, S9-P162
Safety, Health & Welfare at Work Act,
2005, S6-P117
Terms of Employment (Amendment)
Act, 1994, S9-P163
Terms of Employment (Information)
Acts, 1994 & 2001, S2-P22
S8-146
Adoptive Leave, S3-P82
Additional Leave, S3-P82
Adoptive Leave Acts, 1995 & 2005,
S3-P82, S9-P156
Advertising, S7-P134
Age, S7-P131
Employment of Young Persons, S2-
P39
Equality, S7-P131
Equal Status Acts, 2000 & 2004, S7-
P135
Annual Leave, S3-P65
Irregular hours, S3-P66
Part-time employees, S3-P65
Payment of, S3-P67
Sample Annual Leave Form,
S3-P69
Application (Employment) Form, S1-P12
B
Bereavements, S2-P51
Breaks, S2-P42
Breastfeeding, S3-P78
Bullying, S7-P137, S10-P168
Bullying policy, S7-P137, S10-P168
C
Carer’s Leave, S3-P89
Sample Form, S3-P90
Confirmation document, S3-P90
CCTV Policy (Sample), S10-P192
Collective Agreements, S2-P43
Collective Redundancy, S9-P163
Compensatory rest, S2-P42
208
Competence, dismissal on grounds of, S9-
P157
Confidentiality policy, S10-P173
Constructive dismissal, S9-P157
Consultation and information, S2-P44
Contract of Employment, S2-P22
Changing the contract, S2-P24
Fixed Term contract, S2-P33
Sample Contract of Employment,
S2-P27
Termination of contract, S2-P24,
S9-P156
D Equality, S7-P131
Data Controller, S5-P108
Data Protection, S5-P107
Data Protection Acts, 1998 and
2003, S5-P107
Data Protection Commissioner, S5-
P112
Sample policy, S5-P115
Deductions from Wages, S4-P100
Disability, S7-P132
Disciplinary Procedures, S8-P151
Dismissal, S8-P153
Informal interview, S8-P151
Sample procedures, S8-P151
Suspension, S8-P152
Verbal warning, S8-P151
Warnings, S8-P151
Discrimination, S1-P10
Direct discrimination, S1-P10
Indirect discrimination, S1-P10
Pay related discrimination, S7-
P132
Vicarious liability, S1-P11, S7-P135
Dismissal, S9-P156
Constructive Dismissal, S9-P157
Disciplinary Procedures, S8-P151
Grounds for Dismissal, S9-P157
Redundancy, S9-P160
Unfair Dismissals Act, 1977-2001, S8-
P146, S9-P156
Disputes, S2-P36, S3-P68
E
E-mail, S10-P176
Sample E-mail policy, S10-P176
Employees (Provision of Information and
Consultation) Act 2006, S2-P44
Employment of Children and Young Persons,
S2-P39
Employment Equality, S7-P131
Employment Equality Act 1998-2015,
S7-P131
Employee Representatives, S2-P44
Employer’s Right to Notice, S9-P158
Equal Status Acts 2000 & 2004, S7-P135
Discrimination, S1-P10
Sexual and other harassment,
S7-P136, 138, 139, 141
Vicarious liability, S7-P135
F
Family Status, S7-P131
First Aid, S6-P127
Fixed Term Contracts, S2-P23
Fixed Term Employment, S2-P23
Force Majeure Leave, S3-P84
G
Gender, S7-P131
Gender based Discrimination, S7-P131
Grievance Procedures, S8-P154
Sample procedures, S8-P154
Gross Misconduct, S8-P149
H
Harassment, S7-P134, 136, 138, S10-168
Bullying, S7-P137, S10-P168
Disciplinary procedures, S8-P151
Harassment in the workplace,
S7-P134
Sample policy, S7-P141, S10-P168
Sexual harassment, S2-P56, S7-P136
Health and Safety, S6-P117
Electricity, S6-P126
Duties of Employer, S6-P117
Duties of Employees, S6-P119
209
 Lifting Equipment Regulations, S6-
P128
General Application Regulations
2007, S6-P125
Safety, Health and Welfare at Work
Act, 2005, S6-P117
Safety Representative, S6-P122
Safety Signs, S6-P127
Safety Statement, S6-P121
Work at Heights, S6-P127
Health and Safety Authority, S6-P117
Health and Safety Leave, S3-P77
Holiday Pay, S3-P67
Holidays, S3-P65
Irregular hours, S3-P66
Part-time workers, S3-P65
Payment of, S3-P67
Sample Annual Leave Form,
S3-P69
Hours of Work, S2-P41
Maximum Weekly Working Time,
S2-P41
Night Workers, S2-P42
Shift workers, S2-P42
I Night work, S2-P42
Induction Policy, S1-P14, S10-P199
Industrial Relations Bodies, S11-P197
Information and Consultation, S2-P44
Internet use policy, S10-P176, 180
Interviewing, S1-P13
Irregular Hours (Contract of), S2-P43
J Rest periods, S2-P41
Job interview questions, S1-P15
Job specification, S1-P11
Jury Duty, S3-P94
L Parental Leave Act, 1998, S3-P84
Lay-offs and Short-time, S9-P162
M Payment methods, S4-P99
Maternity Leave, S3-P72, S10-P183
Additional Maternity Leave, S3-P72
Ante natal classes, S3-P73
Breastfeeding, S3-P78
Maternity Protection Acts, 1994 and
2004, S3-P72
Sample policy, S3-P80, S10-P183
Marital status, S7-P131
Maximum weekly working time, S2-P41
Minimum notice, S9-P163
Calculating service, S9-P162
Employee entitlements, S9-P162
Employer’s right to notice, S9-P166
Minimum Notice and Terms of
Employment Act, 1973 – 2001, S9-
P163
Minimum rest periods, S2-P41
Minimum wage, S4-P102
Calculation of the Minimum Wage,
S4-P102
National Minimum Wage Act, 2000,
S4-P102
Mobile Phone Policy, S10-P182
N
National Minimum Wage Act, 2000,
S4-P102
Natural justice, S8-P146
Notice periods, S9-P166
Minimum notice, S9-P166
O
Organisation of Working Time Act, 1997,
S2-P41
Night work, S2-P42
Overtime, S2-P49
P
Parental Leave, S3-P84
Part-time workers, S2-P37
Annual leave, S3-P65
Payment of annual leave, S3-P67
Payment of wages, S4-P99
Payment of Wages Act, 1991,
S4-P99
210
 Deductions from wages, S4-P100
Pregnant employees, S3-P72
Ante natal classes, S3-P73
Maternity Leave, S3-P72
Maternity Protection Acts, 1994
and 2004, S3-P72
Sample policy, S3-P80, S10-P183
Prescribed Course of study/training, S4-
P105
Protection of Employees (Fixed Term
Workers, S2-P33
Protection of Employees (Part Time
Workers), S2-P37
Protection of Employees (Temporary
Agency Workers), S2-P38
Protection of Young Persons
(Employment), S2-P39
Public Holidays, S3-P70
Conditions for qualifying, S3-P70
R Sample Policy
Race, S7-P132
Records, S1-P13
Recruitment, S1-P10
Advertising, S1-P11. S7-P134
Application form, S1-P12
Common job interview questions,
S1-P15
Interviewing, S1-P13
Job specification, S1-P11
Screening candidates, S1-P12
Short-listing, S1-P12
Redundancy, S9-P160
Calculating Payments, S9-P162
Calculating Service, S9-P162
Collective Redundancy, S9-P163
Lay-offs and Short-time, S9-P162
Protection of Employees (Collective
Redundancies & Related Matters)
Act, 2007, S9-P163
Redundancy Payments Acts, 1967-
2003, S9-P162
Redundancy Panel, S9-P164
Selection for, S9-P160
Unfair Dismissals Act, 1977 – 2007,
S9-P156
Religious beliefs, S7-P131
Rest Periods, S2-P41
Restrictive Practices Policy, S10-P184
Right to information, S1-P14
S
Safety, Health and Welfare at Work Act,
2005, S6-P117
Duties of Employer, S6-P117
Duties of Employees, S6-P119
Offences and Penalties, S6-P123
Safety Statement, S6-P121
Safety Representative, S6-P122
Sample Forms
Employment Contract, S2-P27
Induction Checklist, P204
Sample Job Interview Questions, S1-
P15
Bullying, S7-P141
CCTV, S10-P192
Confidentiality, S10-P173
Data Protection, S5-P115
Disciplinary Procedures, S8-P151
E-mail, S10-P176
Grievance Procedures, S8-P154
Harassment, S7-P138, S10-P168
Induction Policy, S10-P199
Internet Use, S10-P180
Maternity & Additional Maternity
leave, S3-P80, S10-P183
Mobile Phone Policy, S10-P182
Restrictive Practice, S10-P184
Smoke-free policy, S10-P185
Social Media, S10-P189
Selection, S1-P10, S9-P160
For Redundancy, S9-P160
Recruitment, S1-P10
Short-listing, S1-P12
Sexual Harassment, S7-P136
Bullying, S7-P136, 137
Discrimination, S7-P133
Other forms of harassment, S7-P136
211
 Sample policy, S7-P141
Sexual Orientation, S7-P131
Shift and split shift working, S2-P42
Short-time and Lay-offs, S9-P162
Sick Leave, S3-P95
Sample form, S3-P98
Sick pay, S3-P95
Smoke-free policy, S10-P185
Social Media Policy, S10-P189
Suspension, S8-P152
T Warnings, S8-P146
Temporary Agency Workers, S2-P38
Termination of employment, S9-P156
Constructive dismissal, S9-P157
Disciplinary procedures, S8-P151
Fixed-term contracts, S2-P23
Grounds for dismissal, S9-P157
Redundancy, S9-P160
Unfair Dismissals Act, 1977-2001,
S9-P156
Unfair reasons for dismissal,
S9-P156
TUPE, S9-P161
TUPE (Change of Ownership), S9-P161
Grounds for dismissal, S9-P157
Redundancy, S9-P160
V
Verbal warning, S8-P146
Vicarious liability, S1-P11
W
Wages, Payment of, S4-P99
Deductions, S4-P100
Disciplinary procedures, S8-P151
Working Time, S2-P41
Organisation of Working Time Act,
1997, S2-P41
Maximum weekly working time, S2-
P41
Work of Equal Value, S7-P133
Workplace Relations Commission, S11-P197
Written statement of terms of employment,
S2-P22
Wrongful dismissals, S9-P156
Unfair reasons for dismissal,
S9-P156

U Y
Unfair Dismissals, S9-P156 Young Persons, Employment of, S2-P39
Unfair Dismissals Acts, 1977-2005, Youth Persons, Employment of, Act,
S9-P156 1996, S2-P39
Constructive dismissal, S9-P157
Disciplinary procedures, S8-P151

Disclaimer:

“A Guide to Employment Law for SMEs” is for information purposes only and ISME
assumes no responsibility for any use to which the information may be put, or for any
errors. This guide does not purport to be a substitute for specialist industrial relations
and/or legal advice

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