In the past menopause has been secret and taboo. However, over the past few years, it has become more mainstream. 50% of the population will experience menopause (with 80% of those experiencing symptoms). And the other 50% may be impacted, directly or indirectly. Menopause affects women personally and professionally, with 45 being the average age of perimenopause (the lead up to menopause) and 51 being the average age of menopause (when menstruation stops). According to the most recent Census in 2022 there are 652,000 menopausal women in Ireland and 420, 000 of these are in paid employment.  This is a very large part of the workforce in Ireland.

Discussing an intimate health condition in the workplace can be very daunting for employers, and managing a sensitive conversation around health can be difficult. A good start is to approach with empathy and understanding. While there are lots of issues for employers already to manage in todays’ workplace, there are some straightforward things that employers can do to support employees, which can result in a happier and more effective workforce.

Some of the common symptoms that can impact women at work are: Cognitive (76%) like poor concentration or memory, fatigue (63%), anxiety (52%), feeling overwhelmed (48%) and loss of confidence (48%). Physically woman can experience hot flushes/flashes or heavy menstruation/periods. However there are many other varied symptoms reported.

Some examples of what employers might be able to do to support are:

• Regular team engagement, one to ones, feedback and a buddy system where suitable
• EAP Programme if costs allow
• Flexible working arrangements where possible
• Provision of a fan or a workstation close to a window
• Short breaks to step out for fresh air
• Easy access to toilet/hygiene facilities with flexibility to use these facilities as and when needed, for example when working in a customer facing role or a production line

Research carried out by The Menopause Hub in September 2023, with 3044 peri/menopausal women in Ireland found that:

• 84% of respondents were negatively impacted by symptoms at work;
• 38% took time off work due to symptoms;
• 18% took 3+ days off;
• 34% were considering giving up work;
• Up to 10% will leave work due to symptoms.

When these women were asked what they would like from their employers:

• 90% wanted training for HR and managers
• 94% wanted a menopause policy

There are a number of training modules available free from the HSE on www.hseland.ie that are just 20 minutes long.  In order to access these you’ll need to set up a HSEland account at https://www.hseland.ie/dash/Account/Login

Other helpful resources are:

https://assets.hse.ie/media/documents/Menopause_and_the_workplace_-_considerations_for_managers.pdf

https://healthservice.hse.ie/staff/procedures-guidelines/hse-menopause-policy/

https://www.hsa.ie/eng/workplace_health/occupational_health/menopause_and_the_workplace.html

https://www.themenopausehub.ie/menopause-blog/how-to-create-menopause-inclusive-workplace

ISME’s Employee Assistance Programme (EAP)

We offer an Employee Assistance Programme (EAP) to support our members and their employees. We are committed to delivering the best and most appropriate, and accessible solutions along with our partners, Laya healthcare and their health and wellbeing provider, Spectrum Life. All of their services continue to be delivered to the highest clinical standards by fully accredited, experienced professionals.

This programme offers unlimited access for your employees & their families to a 365 freephone EAP service also accessible via website, app, or live chat.

What is the cost?

Members up to 30 employees €950 (fixed cost per year)

Each subsequent employee €8 per employee per year

This is a discounted rate for ISME Members

For further information visit  https://isme.ie/isme-wellness-programme/

This article explores the core aspects of the Act, who it applies to, and how businesses can prepare effectively.

Understanding the Gender Pay Gap

The gender pay gap refers to the difference in average earnings between men and women within an organisation. Expressed as a percentage of men’s earnings, this measure sheds light on systemic disparities in pay structures, career progression opportunities, and representation in leadership roles. While it does not necessarily indicate direct pay discrimination, it serves as a crucial metric for assessing broader gender-based inequities in the workplace.

Overview of the Gender Pay Gap Information Act

The Gender Pay Gap Information Act was introduced to address these inequities by mandating transparency in pay-related data. Under this legislation, employers in Ireland must publicly disclose detailed information about their gender pay gap, including:

• Mean and Median Hourly Remuneration – The difference in average (mean) and middle-point (median) hourly earnings of male and female employees.
• Mean and Median Bonus Payments – The average and median differences in bonus payments between genders.
• Percentage Receiving Bonuses or Benefits in Kind – The proportion of male and female employees receiving bonuses or non-monetary benefits, such as company cars or health insurance.
• Explanatory Notes – A narrative that explains the factors contributing to the pay gap and the measures being implemented to address them.

By promoting accountability, the Act encourages employers to take meaningful steps to close the gender pay gap.

Who Needs to Comply?

The implementation of the Act has been phased in gradually to allow businesses time to prepare. As of 2025, the reporting requirement now extends to all organisations with more than 50 employees, making it essential for employers of this size to be fully prepared.

7 Key Steps for Employers to Achieve Compliance

Ensuring compliance with the Gender Pay Gap Information Act requires a structured and proactive approach. Below are the essential steps businesses should take:

1. Understand the Legislative Requirements

Employers must familiarise themselves with the Act’s requirements by:

• Identifying the reporting metrics mandated by legislation.
• Staying informed about deadlines and updates from the government.
• Understanding the penalties for non-compliance, which could include reputational damage and potential legal consequences.

2. Determine Applicability

Businesses must confirm whether they meet the employee threshold for compliance. As mentioned previously, as of this year, the Act applies to organisations with over 50 employees.

3. Conduct a Pay Audit

A comprehensive pay audit is the foundation of compliance. Employers should:

• Collect and analyse payroll data for all employees, based on a snap shot date of their choosing in June.
• Calculate the mean and median hourly pay for male and female employees.
• Assess bonus payments and benefits in kind.

Employers must also ensure that data collection methods align with GDPR and data protection regulations.

4. Identify Contributing Factors

Once the data is compiled, it’s important to analyse it for root causes of any gender pay gaps. Contributing factors may include:

• Underrepresentation of women in senior leadership roles.
• Unequal access to training and development opportunities.
• A higher prevalence of part-time work among female employees.

5. Develop an Action Plan

A key aspect of compliance is the narrative accompanying the data. Employers must:

• Provide a clear explanation of the identified pay gap.
• Outline specific measures to address these disparities, such as mentorship programs, flexible working arrangements, and diversity initiatives.
• Set measurable goals and timelines to track progress.

6. Publish the Report

Employers must ensure their reports are publicly accessible on their website or another easily reachable platform by November each year. Reports should:

• Be clearly visible and easy to understand.
• Present data transparently, avoiding misleading interpretations.

A government-operated central portal for report submissions is also expected to increase accessibility.

7. Communicate with Stakeholders

Transparent communication is essential for demonstrating a commitment to gender equality. Employers should consider:

• Informing employees about findings and planned actions.
• Showcasing gender equity efforts in external communications to enhance employer branding.

Addressing the gender pay gap is an ongoing effort that requires continuous assessment and adaptation. As employers, you should regularly review pay data to evaluate the effectiveness of implemented measures and identify areas for improvement. Action plans should be adjusted based on insights gained from data analysis and employee feedback. Additionally, staying updated on legislative changes and best practices in gender pay equity ensures organisations remain compliant and proactive in fostering workplace equality.

But while the Act goes a long way to promote workplace fairness, some challenges may arise during implementation. Ensuring precise and comprehensive data collection can be complex, making data accuracy a significant concern. Smaller businesses may also face resource constraints, struggling to allocate sufficient time and expertise for compliance efforts. Additionally, overcoming ingrained biases and systemic barriers requires long-term cultural change, which can be difficult to implement effectively. Addressing these challenges proactively will be key to achieving meaningful progress in closing the gender pay gap.

Despite these challenges however, compliance with the Gender Pay Gap Information Act offers numerous advantages. Transparent pay practices will enhance your organisation’s reputation, improve public perception and strengthen your brand image. Demonstrating a commitment to workplace equity can also be a powerful tool for talent attraction, drawing jobseekers who prioritise fairness and inclusivity. Internally, addressing pay disparities fosters trust and loyalty among employees, leading to improved retention rates. Furthermore, research indicates that diverse and equitable workplaces achieve stronger financial performance and drive greater innovation, making gender pay gap compliance a strategic advantage for businesses.

Conclusion

The Gender Pay Gap Information Act represents a pivotal moment in advancing workplace equality. By understanding the legislation and taking proactive measures, employers can not only meet their legal obligations but also contribute to a more equitable society.

Rather than treating compliance as a mere legal requirement, you should see this as an opportunity to assess internal practices, cultivate inclusivity, and foster an environment where all employees can thrive.

At MSS, The HR People, we have the expertise to guide you through this legislation and reporting requirement with confidence. We can even assist you with completing it. Contact us today to ensure your organisation remains fully compliant and prepared for the future of workplace equality. Info@mssthehrpeople.ie │ www.mssthehrpeople.ie

Effective 17^th October 2025, a revision to 2024 ERO for the sector SI No 255 of 2024 will come into effect and sets out revised minimum pay and allowances for over 30,000 workers in the industry.

Under the new terms, the minimum hourly rate for adult contract cleaning workers will rise to €14.10 per hour with a further increase will take effect on 1 January 2026, raising the hourly minimum to €14.80.

The ERO also introduces a new unsocial hours premium. From 17 October 2025, cleaners working between midnight and 6:00 a.m. must receive an additional €1.00 per hour. This allowance applies for a minimum of three hours. 

For employers, the ERO creates both obligations and challenges. Payroll systems must be updated to reflect the new rates, and companies will need to budget for the January 2026 rise.

Legally, the new pay framework is set out in SI No. 430 of 2025, ensuring compliance is enforceable.

Any breaches of an Employment Regulation Order may be referred to the Workplace Relations Commission for appropriate action.

For further information or support on this or any HR matter, ISME Members can contact the HR Advice Line via HR@ISME.ie or 01 6622755.

Types of Employment Permits

The Irish Government, through the Department of Enterprise, Trade and Employment (DETE), issues several types of employment permits. There are nine different work permit options available although the most common are:

• Critical Skills Employment Permit: Designed to attract highly skilled workers in occupations experiencing shortages, such as ICT professionals, engineers, and healthcare workers. This permit is valid for 2 years and can lead to residency without further permits.
• General Employment Permit: Available for occupations not on the Critical Skills list but still requiring a permit. It typically requires a Labour Market Needs Test and is issued for 2 years initially.
• Intra-Company Transfer Permit: For multinational companies transferring employees to their Irish operations on a temporary basis.

Other permits include the Contract for Services Permit, Internship Employment Permit, and the Sport and Cultural Employment Permit.

When Is a Work Permit Required?

A work permit is required for most non-EEA nationals who wish to work legally in Ireland, with some exceptions:

• EEA and Swiss citizens do not need a permit.
• Non-EEA spouses or dependants of Irish or EEA nationals may not need one, depending on their status.
• Students on certain visas may work part-time but have limitations.

Employers are legally responsible for ensuring the appropriate permit is in place before employment begins.

Employer Obligations

Employers must:

• Ensure the role is eligible for a permit. The Ineligible List of Occupations for Employment Permits provides details of what roles in respect of which an employment permit shall not be granted
• Offer terms and conditions that comply with Irish employment law (e.g., pay, hours, leave).  Please ensure the same company name is used across all documents submitted as errors will cancel the work permit.
• Keep records of employment permits and renewals.
• Notify the Department if employment ends prematurely.

For General Employment Permits, employers must typically show that they were unable to find a suitable EEA candidate, usually through a Labour Market Needs Test, which involves advertising the job on EURES for at least 28 day days before a valid application can be submitted.

Permit Application Process

Applications are usually made online through the Employment Permits Online System (EPOS) and can be submitted by either the employer or the employee. Key documents include:

• A copy of the job offer/contract
• Details of the business
• Proof of labour market testing (if required)
• Passport details of the applicant

Processing times vary but typically range from 4 to 8 weeks. Fees depend on the type and duration of the permit (e.g., €1,000 for a two-year General Employment Permit).

Risks of Non-Compliance

Employing someone without a valid permit can lead to:

• Fines and / or legal action up to €250,000 and 10 years’ imprisonment
• Reputational damage
• Barriers to future permit approvals

It is essential for Employers to establish a robust immigration compliance process, including regular permit tracking and renewals.

Conclusion

Work permits play a vital role in accessing global talent, but they come with serious responsibilities. A proactive, compliant approach ensures not only legal adherence but also a smoother employee experience. Partnering with legal experts or immigration consultants can further reduce risk and streamline the process.

Additionally, FAQ’s published by the Department of Enterprise, Trade and Employment on work permits can be found here.

As a member of ISME you’ll find further details and resources in relation to work permits on our website at https://isme.ie/members-area/hr-hub/recruitment/

How long is the Probationary Period?

The standard period of probation is 6 months.  This period may be extended in exceptional circumstances if it is in the interest of the employee to do so, or where the employee has been on extended leave during their probation period. Any extension should not exceed a total probation period of one year. During the probation period, either party may terminate the contract of employment at any time however notice has to be provided as set out in the contract of employment.

Contract of employment

Employers must provide the core terms of employment to employees, in writing, within 5 days of starting their job. It’s recommended however that this be provided to the employee prior to their start date.  The core terms include the duration and conditions relating to the probation period.  Employers must also provide a written statement of the remaining terms of employment within 1 month of the employee’s start date. This should include details regarding the probationary period.

Managing an employee during the probationary period?

• Provide a Structured Onboarding Process – Start with a clear and supportive onboarding plan. Provide necessary training, introduce team members, and outline expectations early on.
• Set Clear Goals and Milestones – Establish realistic, measurable objectives for the probation period. Documenting these makes it easier to evaluate performance fairly and objectively.
• Offer Regular Feedback – Don’t wait until the end of the probation period to share concerns. Schedule regular one-on-ones to provide guidance, encouragement, and constructive feedback.
• Document Performance – Maintain records of performance discussions, achievements, and any issues. This documentation is helpful for decision-making and for providing clarity to the employee.
• Be Transparent and Decisive – If a new hire isn’t meeting expectations, communicate this clearly and professionally. Provide a chance to improve, but also be prepared to make tough decisions if necessary.

Below is an example of the kind of questions employers could ask as part of a probation review:

• How do you feel everything has gone so far?
• What has been positive about your time with the company?
• What has been the biggest challenge to date?
• Do you need any support or training in your role?
• Have you any feedback for management?
• Agreed Actions – Employee

Holding regular reviews with the employee is reolcommended, for example having a 1, 3, and 5 month review, in addition to regular informal feedback and one to one meetings with the employee.

Dismissal during probation

If after actively managing the probation period with the employee, it’s clear they are unsuitable for the role or are not performing at the level required for the role, an employer can take the decision to end the employment contract.

Employees on probation are not protected by the Unfair Dismissals Act until they have completed 12 months of continuous service.

While the Unfair Dismissals Act might not apply, employers should still follow fair procedures when dismissing an employee, especially if the termination is due to alleged misconduct.

Other legislation, such as the Employment Equality Acts, the Industrial Relations Acts, and the Protected Disclosures Act, do not have minimum service requirements and can still be relevant during a probation period.

During probation, employees can still bring claims for unfair dismissal if they are dismissed for reasons like trade union membership, pregnancy, or making a protected disclosure.

Employers who are terminating a contract during a probation period due to misconduct, should be aware that the employee has a right to ‘natural justice’, which means due process and fair procedures.

Also, employees may be able to take a claim for ‘wrongful dismissal’ during the probation period even if they have less than 12 months service. Wrongful dismissal occurs when an employer does not meet an implied or an express term in the contract of employment, or does not give an employee adequate notice.

The best approach for employers is to manage the employee closely from day one, not to let performance or conduct issues go without clear and timely feedback, and approach the process in a fair and reasonable manner.

As a member of ISME you’ll find further details and resources in relation to managing probations on our website  at https://isme.ie/members-area/hr-hub/onboarding/

In conclusion, Irish employment law provides a comprehensive framework of leave entitlements designed to support employees through various life events, from illness and parenthood to emergencies and annual rest. These statutory rights not only promote work-life balance but also reflect a broader commitment to employee well-being and equality in the workplace. For both employers and employees, understanding and adhering to these entitlements is key to maintaining legal compliance and fostering a positive, respectful working environment. As legislation continues to adapt, staying informed ensures that everyone can benefit from the protections and supports in place.

Reporting

Reporting began in 2022 and is being continuously extended to smaller organisations. Organisations need to calculate the data for employees using a “snapshot date” in June each year. The reporting period is the 12-month period immediately before and including this snapshot date.

This year is no different and will introduce a mandatory reporting expansion of the legal obligation to report on the Gender Pay Gap.  Gender Pay Gap reporting will now apply to employers with 50 or more employees from June 2025.

The data must include the following:

1. The differences between the:

• Mean hourly pay and the median hourly pay of male and female employees
• Data on bonus pay
• Mean part-time pay and median pay of part-time male and female employees
• Mean pay and median pay of male and female employees on temporary contracts

2. The proportions of male and female employees in the lower, lower middle, upper middle and upper quartile pay bands.
3. If a gap is identified:
   1. A report explaining the reasons why a Gender Pay Gap exists within the organisation.
   2. Details of the actions the organisation plan to take to reduce or close the gap.

Reporting Portal

Minister Norma Foley, Minister for Children, Disability and Equality announced that a gender pay reporting portal will be launched this year. Details of this portal are not yet available but will be in the coming months. The aim of this portal will be to encourage organisations to address pay disparities and the intention is to replace the requirement for organisations to publish reports on their own websites.

Employers with 50 or more employees will now be required to publish a Gender Pay Gap report on this portal. This portal simplifies the process of Gender Pay Gap reporting by merging reports from all private and public sector organisations onto one accessible database. The portal will be fully searchable by members of the public. This year there is a shift whereby employers will now be required to publish their report in November instead of December.

In advance of this year’s reporting deadline ISME recommend that all members in this category begin to collate the data, conduct internal audits, review pay structure, engage with employees and review internal relevant policies to ensure they all promote equal opportunities.

For further information on how to calculate Gender Pay Gap metrics, please refer to the below links:

• how to calculate the gender pay gap metrics.
• Employment Equality Act 1998 (section 20A)(Gender Pay Gap Information) Regulations 2022

As always, if you require any support with HR or Employment Law you can contact the ISME HR Team on 01 6622755 Option 2 or via HR@ISME.ie. Members also have access to the ISME HR Hub which provides further guidance on this topic.

The entitlement to domestic violence leave comes from the Work Life Balance and Miscellaneous Provisions Act 2023.

Domestic violence is defined under the Act as violence or threat of violence, including sexual violence and acts of coercive control committed against an employee or a relevant person in relation to an employee.

Employees do not need to be working in their job for a certain amount of time to qualify for this leave. And they do not have to give their employer notice to take the leave in emergency circumstances. However, they should give notice if they are able to.

An employee is not required to give their employer any supporting information or evidence when requesting domestic violence leave.  There might be exceptional situations where an employer could ask for supporting documents, but this would be rare and is not in line with the intentions of the legislation.

As an employer you may assign a specific or designated person to handle matters related to domestic violence leave and other available support. The designated person could be a HR Manager or the business owner.  It’s important that the designated person is well-trained to handle employee disclosures properly.

All employees who have experienced or are currently experiencing abuse are entitled to domestic violence leave. Employees who are supporting a ‘relevant person’ are also eligible for domestic violence leave. Who a relevant person is defined within the legislation.

An employee has the right to 5 days of domestic violence leave in any consecutive 12 months. This is the statutory entitlement (that means the legal minimum). An employer can take a decision to pay an employee more than the statutory entitlement, or they may decide to provide additional paid or unpaid special leave.

Part-time employees are entitled to domestic violence leave on a pro-rata basis. This means, for example, if an employee work 50% of a normal working week, they are entitled to 2.5 days’ leave.

The leave does not need to be taken all at once. It can be taken as single or multiple days. An absence for part of a day is counted as one day.

Domestic violence leave is paid by an employer at the employee’s normal daily rate of pay.  An employer should not make any reference to domestic violence leave on an employee’s payslip.

Records of Domestic Violence Leave must be kept for a period of three years.

If you are worried about someone you know, you can call the Women’s Aid 24 hour National Freephone Helpline on 1800 341 900.

Further information and support for employers can be found on https://dvatwork.ie/

As always, if you require any support with HR or Employment Law you can contact the ISME HR Team on 01 6622755 Option 2 or via HR@ISME.ie. Members also have access to the ISME HR Hub which provides further guidance on this topic.

In 2024, Absence was the main topic the ISME HR Team advised our members on.  13% of all the HR queries received last year fell under this category.

The main types of absences managers and business owners have been dealing with are as follows:

• Short Term Absence – absence from work for short periods of time which is typically anything from one day up to a month in duration.
• Long Term Absence – usually absence of at least four weeks
• Sporadic Absence – where an employee will have a number of days absence, usually a day or two at a time, built up over a long period of time.
• Unauthorised Absence – otherwise known as AWOL, when an employee leaves or does not show up for work without consent and without contacting their employer.

In order to ensure that the employee is supported, it is important to ensure that the ‘Return to Work’ process is managed appropriately. Successful absence management is reliant on strong procedures being implemented in the workplace. Below is an outline of some vital steps your company should consider to help you successfully manage sickness absence in your organisation.

• A clear and comprehensive absence management policy which is communicated and shared with your team is crucial. The recommendation would be that management ensure employees are aware of the company expectations when it comes to reporting absences. Ensure the policy outlines notification and certification requirements, details of sick pay scheme (SSP or a more favourable Company Sick Pay Scheme) and an indication of how the company will

approach attendance issues.

• Effective absence management can be achieved if you ensure early intervention by line managers. This includes regular communication with the employee during the absence and on their return to work and ensuring the company is keeping records of the employees absence. ISME recommends that companies conduct Return to Work Interviewsafter every period of sick leave in order to accurately maintain absence records and to act as a deterrent for non-attendance for nongenuine reasons.
• A key step to success is to ensure that all managers are trained in the organisation’s absence policies and procedures and understand the role they are expected to play.
• Maintain regular contact with absent employee to ensure you stay up to date with

their prognosis and potential return to work dates. Remember that the longer someone is off sick, the harder it can be for them to return.

• In certain situations the company may need to consider sourcing medical advice from an Occupational Health Practitioner. Actioning this step will be dependent on the details of each case to see if it is appropriate. Consulting a medical practitioner can be extremely beneficial to understand the situation and get professional advice on next steps and how to move forward.
• When an employee is out on Long Term Absence ISME would suggest you engage with the employee through regular Welfare Meetings. This purpose of these meetings is to assist the company gain a better understanding of the employee’s current health situation, to establish how long they’re likely to be absent from work, how likely they’re going to be able to perform their job role on their return, and what steps can be taken to support them.

In essence, effective absence management involves finding a balance between supporting employees with health problems and ensuring that the employer’s business objectives are not compromised. Companies may need to consider the following two points when managing Absence. ISME would advise that you call our helpline for further guidance on these areas:

Reasonable accommodation

Under the Employment Equality Acts employers must make reasonable accommodation for people with disabilities to return to work. The accommodations should be ‘reasonable’ and should not impose a ‘disproportionate burden’ on the company.

Capability

Managing sickness absences can be complicated. Unfortunately on occasion a business may have to consider termination due to incapability. In these circumstances it is vital that the best practice process is followed and ISME would recommend companies take the time to manage things properly to avoid costly claims or challenges in the future.

The final key point to note would be to ensure the management of absence always adheres to the guidelines set down in the company’s absence policy.

SSP 2025

Since the introduction of Statutory Sick Pay in 2022, employees with 13 weeks continuous service, have been entitled to receive statutory sick pay which increased in increments each year.  These days are paid by the employer at 70% of their normal pay, up to a maximum of €110 per day. The employee must be certified by a registered medical practitioner as unable to work.

For 2025, it had been scheduled for SSP would increase to 7 days pay increasing to 10 days in 2026. However, it has now been confirmed that this phased approach has been paused to allow the Government to review ESRI research on the impact of statutory sick leave and that therefore the entitlement currently remains at 5 days.

In light of these developments, we recommend that employers:

• Continue to apply the 5-day entitlement to those eligible
• Inform your employees of this update, particularly if they may not be aware of the change
• Review and update your Sick Pay Policy, Terms and Conditions of Employment and/ or Employee Handbook, should they reference the previous phased arrangement, to ensure alignment with the current legislation.

As always, if you require any support with HR or Employment Law you can contact the ISME HR Team on 01 6622755 Option 2 or via HR@ISME.ie. Members also have access to a full suite of HR templates regarding Absence management on the ISME HR Hub .

While each change outlined in the above has a great impact on the day to day operations of your business, below is a deep dive into some of the more pertinent legislative updates that we would advise are included in your end of year review process.

On the Spot Fines:

January saw the introduction of the Workplong-awaitedons Act 2015 (Fixed Payment Notice) Regulations 2023 (the “Regulations”) providing WRC Inspectors with the power to issue on the spot fines up to €2000 for a number of factors.  Notably:

• €2,000 – Employer fails in a collective redundancy situation to consult with employees’ representatives and to provide them with mandatory specified information.
• €1500 – Employer failure to issue Terms of employment to Employee within 1 month
• €500 – Employer does not display a ‘tips and gratuities notice’ or a ‘contract Workers Tips and Gratuities Notice’.

Work Life Balance – Code of Practice on Right to Request Remote and Flexible Working:

March 2024 saw the introduction of the Code of Practice on the Right to Request Remote and Flexible Working. This long awaited code outlines in great detail the role of the Employer, the Employee along with Health and Safety and Working Arrangements requirements. It is an excellent tool to use once a request for remote or hybrid working has been received. In addition, there are forms that can be used by all businesses.

In summary, when an employee submits a request to a flexible or remote working arrangement, the employer should ensure that:

• Written decision is provided to the employee within 4 weeks of submitting their request; or advise employee if there is a need to extend for further 4 weeks
• Employer gives fair consideration to the Business and Employee needs
• Provide reasons why it is or is not viable at this time in writing to the Employee

oIf declining the request, consider providing a reasonable timeframe when can be reviewed again – while this is not a legislative requirement, it certainly eases the message if not approving the request at the time.

• Where an agreement has been reached, it will likely effect the terms of the employees Contract of Employment. The Employer should draft up a contract amendment letter with both parties signing off on the agreement
• The WRC heard it’s first case under this legislation in the case of Alina Karabko vs TiktokTechnology Ltd; the full case can be read here: Alina Karabko vs Tiktok Technology Ltd

Guidelines for Determining Employment Status for Taxation Purposes

Following from the Supreme Court ruling in the case of The Revenue Commissioners v. Karshan (Midlands) Ltd t/a Dominio’s Pizza, Revenue have recently published its “Guidelines for Determining Employment Status for Taxation Purposes”.

This allowed for employers to make an informed decision to determine if someone is Self Employed or an Employee.

The five-step framework is outlined in here provides for 5 questions on the Decision Making

Pension Auto-Enrolment Scheme

Budget 2025 confirmed the commencement of Auto Enrolment Scheme will commence in on 30th September 2025.

The Government have prepared papers on Auto-enrolment Retirement Savings System for Employees and Employers along with a Q&A document; these documents can be found here.

As the table above identifies, there are continuous legislative changes impacting on Employers and Employees in Ireland.

_______________________________

In October 2024, Employment Law expert Katherine McVeigh, Barrister-at-Law, hosted a 2024 Employment Law Update providing exceptional insights Mandatory Retirement Age, Self Employment v Employee, Statutory Sick Pay and some fantastic insights in 2024 judgements from the WRC and beyond.

This webinar can be viewed using the link below at a cost of € 65 for non-members plus a 10% discount code for members.  https://isme.ie/watch-back-your-2024-employment-law-update/

As always, if you require any support with HR or Employment Law you can contact the ISME HR Team on 01 6622755 Option 2 or via HR@ISME.ie. Members also have access to a full suite of HR templates regarding Absence management on the ISME HR Hub

2025 will undoubtedly bring more changes from both an EU and national perspective.

This will be outlined in the next ISME publication.