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LEGAL UPDATES

Implementation of the Employment Permits Act 2024

The new Employment Permits Act will come into force today, Monday 2nd September 2024.

This Act consolidates and modernises employment permits law and will apply to non-EEA nationals who wish to take up eligible employment and residence in the Republic of Ireland.

Main provisions of the Act

The Employment Permits Act 2024 will introduce a number of changes to the existing system, including:

  • the introduction of a Seasonal Employment Permit, based on strong labour rights, which will support the seasonal needs of certain sectors.
  • the ability to change an employment permit to a new employer after nine months to allow for better opportunities for workers and improve working conditions.
  • moving operational details, such as the requirements of the Labour Market Needs Test to secondary legislation, which will allow the system to adapt quickly to changes in the labour market.
  • requiring additional conditions such as training and accommodation support for employment permit holders, which will make Ireland a more attractive destination.
  • allowing for non-consultant hospital doctors to have a permit which will allow them to work at multiple sites, which will help to further streamline the system.
  • allowing permit holders to be promoted within their roles without the need for a new permit.

Seasonal Employment Permit

The new Seasonal Employment Permit is a short-term employment permit which will allow the permit holder to work for a maximum of 7 months per calendar year in a seasonally recurrent employment. It is designed to support targeted economic sectors, such as horticulture and agriculture, in addressing labour shortages and will be renewable across multiple years for the set calendar season. Arrangements for the provision of accommodation and health insurance will be included in the scheme. The permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025.

Change of employer 

The Act introduces a new provision allowing certain employment permit holders to change their permit employer to another employer after a period of nine months has elapsed.

  • The change of employer applies to the General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP).
  • The holder of a GEP can apply to change to an employer within the type of employment for which they have been granted a permit.
  • The holder of a CSEP can change to an employer across a broader category of employments, for example, different engineering roles. This is because there is a high demand of these skills in the Labour market.

Progression within the role

The Act aims to improve the status and employment opportunities of permit holders by including a provision to allow for promotion and internal transfer in the same company where a permit holder would use the same skills, thus removing the requirement for the permit holder to undergo a new employment permit application process should this situation arise.

Modernised Labour Market Needs Test

The Act also addresses the inflexibility inherent in the Labour Market Needs Test, which requires that a role be advertised across the EEA and in print media prior to a permit being sought. The new Bill will simplify the process by requiring employers to publish vacancies online only and will reflect modern advertising practices.

The Department of Enterprise, Trade and Employment has published additional information in relation to the 2024 Act which is available here

A copy of the of the Employment Permits Act 2024 Is available here

CASE LAW UPDATES

ADJ-00037668

Matt McGranaghan (Complainant) V MEPC Music Limited

Unfair dismissal, failure to pay notice pay, failure to pay holiday pay, failure to compensate for Sunday working

Background

This case is of particular significance to employers as it is the first WRC decision on employment status since the Supreme Court handed down its judgement in The Revenue Commissioners v Karshan Midlands t/a Domino’s Pizza in October 2023. You will recall from our update here  that the Supreme Court found  Domino’s Pizza delivery drivers in this case (which is a tax case) ought to be treated as employees and not as independent contractors.

The decision of the Supreme Court was the final instalment in a long series of adjudications which originated in the Tax Appeals commission.

Legal arguments centred on the key components required to demonstrate employee status, with mutuality of obligation central to the arguments. This principle being that an employer is obliged to offer, and an employee is obliged to accept, any work.

However, the Supreme Court took the view that the term ‘mutuality of obligation’ has ‘generated unnecessary confusion’ and should be ‘avoided’ going forward; removing the notion that mutuality of obligation is a decisive or determinative factor in establishing employee status.

The Court reiterated the importance of considering all the circumstances to identify features that are consistent with an employment contract or a self-employed/independent contractor, and considered the following five steps as being determinative:

  1. Does the contract involve the exchange of wage or other remuneration for work?
  2. If so, is the agreement one pursuant to which the worker is agreeing to provide their own services, and not those of a third party, to the employer?
  3. If so, does the employer exercise sufficient control over the employee to render the agreement one that is capable of being an employment agreement?
  4. If these three requirements are met, the factual matrix and working arrangements must be considered.
  5. Is there anything in the particular legislative regime under consideration that requires the court to adjust or supplement any of the foregoing?

Adjudication Officer (AO) Caroline Reidy considered the Supreme Court Judgment when determining the claim below.

Facts

The Complainant was a fiddle player who, since 2013 had performed with leading Irish country music singer, Michael English and his band. Following a series of disputes between Michael English/his manager regarding a variety of issues, including the Complainant’s employment status, he was advised, by an email, in September 2021 that ‘his services were no longer required’. The Complainant asserted that he was an employee of the Respondent and his classification as self-employed by them was a ‘sham’.

He presented the following complaints to the WRC:

  1. That he had been unfairly dismissed.
  2. That he had been dismissed without notice pay.
  3. That he did not receive compensation for Sunday working.
  4. That he did not receive statutory annual leave.
  5. That he did not receive payment for public holidays.
  6. That he did not receive a statement of his core terms of employment.

He relied on the following facts to demonstrate that he was an employee:

  • The Respondent directed him what songs to play/rehearse and when to do so.
  • He was required to wear a uniform.
  • He was paid each week by the Respondent for gigs performed.
  • The Respondent covered expenses, including travel and accommodation.
  • He was required to undertake rehearsals for gigs which was also paid at a set rate.
  • If he was unavailable for work, the Respondent was solely responsible for arranging a substitute in his absence.
  • He had contacted the Department of Social Protection who conducted a Scope investigation and found that he was ‘employed under a contact of service and is an employee’.

The Respondent asserted that there was no mutuality of obligation between the parties, demonstrated by the Complainant’s refusal to accept certain gigs and that he was free to work elsewhere at any time. The Respondent’s representative also stated that the very nature of a band means that all musicians will have to take direction/instruction from one person who will control the performance. The Respondent also contended that the Complainant’s claims had not been made within the statutory time period of 6 months, or even within the further 6 month extended period provided for by the legislation taking into consideration the prolonged period in 2020 that the Complainant had not worked for the Respondent due to the COVID pandemic.

Decision

Based on the 5-step test set out by the Supreme Court (detailed above), and other relevant authorities, as well as the evidence presented by the parties, AO Reidy found the Complainant met the requirement of the legislation and case law to be considered an employee.

Having found that the Complainant was deemed to be an employee, AO Reidy then considered the relevant chronology provided and found that the dismissal was deemed to have taken effect on 22nd September 2021 and, as the Claim to the WRC was presented on 4th March 2022, the claims were in time.

The AO then determined each of the separate claims that the Complainant had presented, as set out above, and found the Complainant’s claims had been made out. The Complainant received a total of €43,840 in respect of his complaints.

Learning points for employers

Employers should review the working arrangements with independent contractors, having regard to the 5-step test set out by the Supreme Court in Karshan, to ensure they have been properly categorised, and they are not falling foul of the employment protections for employees.

Any Member who requires further assistance in relation to this issue should contact the ROI legal team.

FREE Briefing Session: Good Jobs’ Employment Rights Bill Consultation

Date: Friday 30 August 2024 at 10am

Location: Online

Employment law is devolved in Northern Ireland, and it is widely recognised that we are long overdue a review of our legislation, not least if the intent is to keep pace with developments in GB and ROI.  In recognition of the need for reform, on 1 July 2024, the Department for the Economy launched its very ambitious  Good Jobs’ Employment Rights Bill Consultation  – which in some respects is a ‘catch up’ with our counterparts but it also paves the way for more significant changes further down the line.

On Friday 30 August 2024, we are holding a Briefing Session, in a partnership with Manufacturing NI to provide an overview of the Consultation’s content and share insights on what maybe taken forward. We will be joined by Michelle McGinley, Director of Legal & Policy, Kathryn O’Lone, Head of ROI and Business Improvement and Stephen Kelly, our CEO.

For anyone who missed our in-person session in July this is a good opportunity to get to grips with the content of the Consultation

It is vital that the business community’s voice is heard, and we will share views on It is vital for the business voice being heard and what we need to do to provide effective responses.

To register please follow the link:- https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fevents.teams.microsoft.com%2Fevent%2F36b1d877-16dc-4c6b-9d4c-a9b3b6c2b028%4078a5ea4a-88af-4c7a-aeb2-b0a3d9dc328f&data=05%7C02%7Cinfo%40eefni.org%7C9a4349baa9f44bce8eff08dcc10c9bb6%7C2e891a61d09349dcbba104dbef0e3318%7C0%7C0%7C638597507136623601%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=a62j6Q%2BG%2Bv5tWJ3RYNfCh1oWYaDzn%2FnFq2XVpDkElak%3D&reserved=0

 

BACKGROUND

Employment law is devolved in Northern Ireland, and it is widely recognised that we are long overdue a review of our legislation, not least to keep pace with developments in GB and ROI.

In recognition of the need for reform, on 1 July 2024 the Department for the Economy launched its very ambitious  ‘Good Jobs’ Employment Rights Bill Consultation – aiming not only to ‘catch up’ with our counterparts but also to pave the way for more significant changes further down the line.

On Wednesday 31st July 2024, we held a Briefing Session with members and non-members providing a high-level overview of its content and insights on what we thought would be taken forward. We also discussed the importance for the business voice being heard and how best they could respond.

We have summarised below the key content of the Consultation:

SUMMARY

In the Ministerial Foreword, the Minster for Economy Conor Murphy states that the first objective of his Economic Vision is the creation of good jobs and that everyone benefits from ‘Good Jobs.’ The aim of this Consultation is to fulfil that objective to increase the number of good jobs. In setting out its proposals and calls for evidence the Consultation adopts a range of approaches:

  1. Where proposals are more fully formed, views are sought on how to implement policy.
  2. Policies that entail a range of options, views are sought on which best addresses issues.
  3. Some areas are, a Calls for Information to inform policy options further downstream.

The consultation seeks views on four aspects of a ‘Good Job’ as defined by Carnegie Trust:

Theme A: Terms of Employment

Theme B: Pay & Benefits

Theme C: Voice and Representation

Theme D: Work Life Balance

 We have explored each Theme below highlighting some of the proposals:

Theme A: Terms of Employment

The key purpose of Theme A is to increase protection for those considered to be in precarious working arrangements and address the one-sided flexibility that may be exploitative. From the outset of his appointment the Minister has committed to tackling the use of Zero-Hour Contracts.

The proposals include:

  1. Replacing Zero Hours Contracts (ZHC) with new contracts which protect worker’s rights and seeks views on introducing a right to request to a banded hour and/or more predictable work pattern.
  2. Understanding Employment Status and Bogus Self Employment and asks questions of the necessity of retaining the 3 categories of employee, worker and self-employed.
  3. Discouraging the use of unscrupulous behaviour and unfair practice including addressing Fire & Re-Hire.
  4. Removal of the Swedish Derogation / Pay between Assignment Contacts for Agency workers.
  5. Making the Right to a Written Statement a Day1 right, expanding its provision to workers (not just employees), and increasing the particulars that must be provided.
  6. Providing a right for agency workers to receive a Key Information Document giving transparency on pertinent details of pay for an assignment in one document.

With the exception of 1 above, all these proposals are already in place in Great Britain. The Labour Government is also proposing to review the use of ZHC and consider options similar to banded hours provisions.

THEME B: PAY & BENEFITS

Theme B examines ways to improve an individual’s overall pay and benefits so that they have all the information they need to ensure they understand how their pay and annual leave are calculated.

Some of the proposals include:

  1. The fair allocation of tips, gratuities, and service charges.
  2. Extending the right to a payslip to workers and increasing details that must be itemised including the number of hours worked (were pay varies according to the hours).
  3. Extending the holiday pay calculation reference period for workers on variable hours from 12 weeks to 52 weeks.
  4. Reviewing the Record Keeping Requirements to measure the daily working time of all workers required under Working Time Regulations and considering if the GB approach would work in NI.
  5. Considering if there is a need for a Right to Disconnect.

Points 7 – 9 are already in place in GB and indeed the increase to the holiday pay calculation reference period will, in our view, be very welcome by the vast majority of employers. Businesses need to consider if increasing the Record Keeping obligation set out in Point 11 would place an onerous burden on businesses. At this stage it is unlikely that this will be taken forward in this mandate.

The Right to Disconnect is part of the Labour Government’s Manifesto. We suspect that such a right will not be embodied into law at this stage, but Guidance could be issued from the Labour Relations Agency. In terms of that Guidance, any feedback from business operating in ROI (where a Code of Practice is in place) may help inform it and make it more effective for businesses.

THEME C: VOICE AND REPRESENTATION

The Minister has been clear that increasing the role of trade unions, particularly in low paying sectors, is a priority area and the cornerstone of the Consultation. To do that, the Consultation explores ways that the operation of trade unions can continue to develop and modernise. The key under this Theme is to promote effective and productive workplace relationships.

All areas considered under this Theme are Calls for Information. The evidence gathered could pave the way for future development later and/or we may see a soft approach to some of the issues.

The areas under consideration include:

  1. Views on increasing Trade unions rights to access the workplace over and beyond the current law which only gives unions a limited access in prescribed circumstances. Reference is made to New Zealand were an automatic right to access the workplace exists in any company where the union has members. In New Zealand, a union can also request (that cannot be unreasonably withheld), a right to access were there are no unions member, that includes for the purpose of increasing union membership.
  2. In relation to Trade Union Recognition views are sought on decreasing the threshold that the Organisation must employ at least 21 employees to 11 employees.
  3. Views are sought on the introduction of Collective Sectoral Bargaining to introduce minimum standards for pay, working hours in an affected sector.
  4. Reducing the ballot notice period required to be given to an employer of industrial action be reduced from 7 to 5 days.
  5. Allowing the introduction of electronic balloting and asking if the requirement for the independent scrutineer should be removed.
  6. Opinions are asked about increasing current level of protection for representatives and employees who take part in industrial action (protecting employees from dismissal beyond 12 weeks).
  7. Facilitating Productive Workplace Relationships through a code of practice setting out a guide or common set of principles / behaviours expected.
  8. Extending the ability to apply for Information and Consultation of Employees Agreement so that threshold that needs to be meet relates to the individual establishment rather than the entire legal undertaking.
  9. Reducing the threshold to get an Information and Consultation of Employees Agreement from 10% to 2% of employees in the undertaking (or establishment if above proposal in place).
  10. Whilst no proposals TUPE are set out, views are sought on aligning the NI to that in GB in some areas.

THEME D: WORK LIFE BALANCE

Another component to ‘Good Jobs’ is that an individual should be able to balance their work with family and private life. The proposals in this Theme are seeking to align NI with GB in respect of the new rights introduced by way of Private Member Bills under the previous government:

  1. Making it a Day 1 Right to Request Flexible Working, extending the number of requests to 2 in a 12-month period and removing the requirement for the employee to explain the effect of request.
  2. Introducing a new Right to Carer’s Leave and views sought on how to implement it.
  3. Introducing a new right to Neonatal Care Leave and Pay and views sought on how to implement it.
  4. Furthering the legal protection for pregnant employees against redundancy for 18 months from when the child is born.
  5. Amending rules governing Paternity Leave to allow it to be taken in separate blocks of 1 or 2 weeks, up until child is 1 and making it a Day 1 right.

ISSUES NOT COVERED IN THE CONSULTATION 

Despite this Consultation being perhaps one of the most expansive and ambitious perhaps ever seen in Northern Ireland, there are several areas that are missing. These include:

  • Gender Pay Gap Reporting as responsibility for this lies with the Department for Communities and not the Department of Economy. DfC has stated these Regulations will be implemented in due course
  • Review of Discrimination Laws: the responsibility for equality matters rest with The Executive Office. There is a current inquiry into differences in equality legislation between Northern Ireland and other regions of the UK as well as between Northern Ireland and the Republic of Ireland and the EU with responses being sought until 6 September 2024
  • Collection of the Apprenticeship Levy is a reserved matter although the distribution of funding is administered locally. Labour Government has committed to reviewing the Levy and it is unknown how far that will impact on NI
  • Domestic Abuse Leave & Pay is already enacted into law and the Department of Economy has a separate Public Consultation Public Consultation Domestic Abuse – Safe Leave seeking views on how to operationalise the law. That Consultation also runs until 30 September 2024
  • There is no mention of any reducing the consultation period for proposals for collective redundancy of 100 or more employees from 90 days to 45
  • We believe it is unlikely a 2-year back stop for unlawful deduction from wages claims will be introduced
  • Guidance around calculating holiday pay for typical workers and in particular permanent part year workers
  • Some of Labour’s Manifesto Commitments such as:
  • Making it a Day 1 Right to claim unfair dismissal
  • Extending the for bringing Tribunal claims from 3 – 6 months
  • Establishing new Enforcement Agency for workers rights

TIMELINE

The Department recognises that it is not ideal launching a Consultation over the summer months. However, they have said that is necessary in order to ensure they have sufficient time remaining in the current mandate (which expires in 2027) to get legislation through Stormont and into law.

We anticipate that the earliest we will see any changes will be in 2026 or early 2027.

RESPONSES

The Consultation will close on 30th September.

Responses can be completed online on the Department of Economy website. It is necessary to state whether you are responding as an individual or representing the views of an organisation.

Employers Federation encourages members and non-members to respond using practical insights to ensure that the practicalities of any changes are well-thought-out.

For any queries or feedback in relation on how to respond please contact Michelle McGinley on michelle@eefni.org

 

NORTHERN IRELAND

Gender Pay Gap Reporting is not yet the law in Northern Ireland.

Whilst the laws for Gender Pay Gap Reporting are provided for in Section 19 of the Employment Act (Northern Ireland) 2016,  the legal obligation has yet to be implemented.

Gender Pay Gap Reporting is not included in the Department for Economy’s huge, Public Consultation: ‘Good Jobs’ Employment Rights .  This is because responsibility for Gender Pay does not sit with the Department for Economy but instead with the the Department for Communities.

The Department for Communities has stated that the Regulations will be implemented in due course.

It is of note that, when enacted,  the obligations and reporting requirements in Northern Ireland will go further than the rest of the UK. Northern Ireland will also require a breakdown of information for ethnicity and disability.

GREAT BRITAIN

In 2017, Great Britain introduced a legal requirement for public, private and voluntary sector organisations, with 250 or more employees, to annually report their gender pay gap using a specified snapshot date relevant to their sector.

Labour Government has committed to build on the existing Gender Pay Gap Reporting to introduce disability and ethnicity pay gap reporting for large employers.

IRELAND

In 2021 (taking practical effect in 2022) the Republic of Ireland introduced their equivalent obligations for eligible employers to publish their Gender Pay Gap. Initially the obligations to report only applied to employers with 250 or more employees at the ‘snapshot’ date however this was extended on 31st May 2024 to cover employers with 150 or more employees.

We will of course keep Members informed of any updates from the Department of Communities in respect of Gender Pay Gap Reporting in Northern Ireland.

 

 

 

On 30 July 2024, the UK Government published its Policy Paper National Minimum Wage and National Living Wage: Low Pay Commission remit July 2024 in which it tasks the Low Pay Commission to ‘make work pay.’

The Low Pay Commission is the independent body that advises the Government about the National Living Wage and the National Minimum Wage.

The Government has stated that it is “committed to ensuring that the minimum wage is a genuine living wage which delivers improved living standards for working people right across the United Kingdom.”

Despite increases to the National Minimum Wage, working people face “the brunt of unprecedented cost of living challenge”. The Government’s aim is to protect and boost low earning, whilst maintaining competitiveness and protecting the UK’s economy as a whole.

It therefore recommends a staged transition to a single adult rate and removal of what it calls the ‘discriminatory age bands for adults.’

In the interim, the Government has asked the Commission recommends a National Minimum Wage rate that should apply to 18–20-year-olds from April 2025. It is intended that this will continue to narrow the gap with the National Living Wage, taking steps to in time, achieve the single adult rate.

The Low Pay Commission has been asked to ensure that the rate does not drop below two-thirds of UK median earnings for workers aged 21 and over, a recognised measure of low hourly pay.

This will be of interest to those in or preparing for pay negotiations or budgeting.

The Government has stressed that the pursuit of this ambition must consider the effects on employment of younger workers, incentives for them to remain in training or education and the wider economy.

The Low Pay Commission has been asked to provide a final report in response by the end of October 2024.

In 2022, the P&O scandal brought the spotlight onto dismissal & re-engagement when the Company sacked approximately 800 employees without any consultation or re-engagement.

This contrasts to most employers that only use dismissal & re-engagement as a very last resort when they have both a strong business case and have exhausted consultation to obtain agreement.
 

GREAT BRITAIN
On 18 July 2024, the GB Code of Practice on Dismissal and re-engagement came into force and shortly thereafter on 30 July 2024 the Code as updated  to clarify that:

“The employer should ensure that the only terms which are changed are those which have been subject to the information-sharing and consultation process, and should not use this as an opportunity to make any further changes.”

This Code may have the shortest life as Labour Government has committed to repealing it.

However, it will continue as an interim measure until they are able to build up the protection through the usual process.

On same day the Code came into force, Jonathon Reynolds (GB Secretary for Business and Trade) confirmed that the Government will introduce legislation ‘within first 100 days to put an end to these practices.’

He also confirmed that they ‘will replace the new Code with a strengthened version as soon as the laws are brought forward’.

Currently the Code sets out how employers should act when seeking to change employment terms & conditions. It includes that employers must:
-       contact ACAS before raising the prospect of fire & rehire
-       only used it as a last resort.

Employment Tribunal will be able to increase an employee’s compensation in certain circumstances by up to 25% if an employer has unreasonably failed to comply with the Code.

NORTHERN IRELAND 

At present, there is no definitive legal ban on the use of the practice in Northern Ireland. However, there are legal requirements that employers must fulfil in terms of timeframe relating to redundancy notification.

The issue of dismissal and re-engagement is also being considered as part of the Employment Rights Good Job Bill: Public Consultation.

Three policy proposals put forward in the consultation are:

  • Do nothing
  • Introduce a Statutory Code of Practice
  • Impose a statutory ban.

The Consultation states that it does not want to place unnecessary burdens on potentially struggling business at risk of closure, perhaps indicating that there will be limited circumstances when it can be used.

It will be interesting to see if the direction of travel in Great Britain influences Northern Ireland to adopt a more stringent approach.
 

Over The Bloody Moon working in partnership with Employers Federation

Dear All,

As you will be aware, we will be joined by Karina Todd of Over The Bloody Moon* at our Employment Law & HR Conference on 18 September 2024.

During October 2024 we are partnering with Over The Bloody Moon to roll out a series of in-depth menopause awareness training sessions. These sessions will be aimed at equipping managers in the workplace to be able to confidently support employees experiencing the effects of menopause.

Over The Bloody Moon will be delivering some of their key training programmes at our offices at a special per person rate, rather than their normal Organisation rate.

This will make the training accessible to a wider range of employers as there is no minimum number of delegates required to attend from one organisation. The training dates/details are:

Menopause Allies Training

Tuesday 1 October 2024

9.30am – 11.30am

£195 plus VAT pp (Member rate)

£225 plus VAT pp (non-Member rate)

 Aimed at: All employees

What is it?

A 2-hour interactive session that covers:

  • Why menopause matters in the workplace
  • The diversity of menopause experiences (types, triggers, stages, possible impacts, variances)
  • Symptom management options
  • Menopause allyship (role and responsibilities, cultivating conversation, signposting to support)
  • Q & A
  • MenoVest Demonstration & Trial

Learning outcomes:

  • Ensure all employees are more knowledgeable about menopause
  • Feel more positive about menopause
  • Feel more confident talking about menopause with others
  • Ensure all employees respond in an appropriate and consistent way

Menopause Ambassador Training

Tuesday 8 October 2024

9.30am – 2.00pm (with a break for lunch)

£375 plus VAT pp (Member rate)

£395 plus VAT pp (non-Member rate

Aimed at: Mental Health First Aiders, HR, ERG network leads or members, menopause advocates wanting to create a positive culture and noise around menopause in their workplace, as well as being the go-to frontline support to provide practical signposting to resources and a safe space for people to share  their experiences.

What is it?

A 4-hour live training, split into two sessions. Learners are required to watch four Menopause 101 bitesize videos on menopause before the session (viewing time of 10 mins). The training is interactive involving role play, group work and case studies.

The programme covers:

  • Session aims and expectations
  • Legal framework, role & allyship traits
  • Our PAUSSE model
  • Communication tips and event planning
  • Maximising engagement
  • Group vision and action planning
  • Certificate upon completion

Learning outcomes:

  • To equip Menopause Ambassadors with knowledge on the variances of menopause and possible impacts at work
  • To give learners the confidence to know how to support colleagues and managers, on an individual basis, across a variety of scenarios
  • To know how to signpost colleagues to resources and options to support themselves or others on menopause at work
  • To leave the session inspired and motivated with a clear menopause action plan for future events and training

Menopause – Advanced People Manager Training

 Tuesday 22 October 2024

9.30am – 11.30am

£195 plus VAT pp (Member rate)

£225 plus VAT pp (non-Member rate)

Aimed at: People Managers and HR Managers.

What is it?

  • A 2-hour interactive workshop with case studies, a role play, and quiz, facilitated by an OTBM
  • Trainer to accelerate learning
  • Learners are required to watch four Menopause 101 bitesize videos on menopause before the session

The programme covers:

  • Why menopause matters and possible impacts?
  • Legal framework, manager’s role and allyship (do’s and don’ts)
  • Cultivating conversations (role play)
  • Reasonable adjustments: a break-out case study
  • Encouraging positive change (resources)

Learning outcomes:

  • Up-skill managers so they feel confident and equipped to support those impacted by menopause
  • Understand their duty of care and respond appropriately
  • Be confident around reasonable adjustments to improve experiences of menopause at work
  • CPD accredited e-certificate, upon completion

If you would like to book a place on any of the above courses, please email John Gibson (john@eefni.org) to confirm the course you are interested attending, the number of delegates, and any dietary requirements or reasonable adjustments.

*Over The Bloody Moon

 

Over The Bloody Moon (OTBM) is a global menopause training agency with a best practice framework to help organisations become menopause inclusive. Services include award-winning training and experiential learning events, webinars and digital resources. They are the proud recipients of the 2023 Elite Business Award for “Best Menopause Training Organisation.”

Introduction

The King’s Speech was handed down on 17 July 2024 when King Charles announced the Government’s legislative programme. The programme is heralded by the Government as being mission led and based upon the principles of security, fairness and opportunity for all. During the Speech the King told the Members of the House of Commons that the new Labour Government will introduce 35 new Bills into Parliament. The first one mentioned was the Employment Bill which signals the importance placed on it by the Government. Indeed, the Bill was described by the Deputy Prime Minister, Angela Rayner, who later that day chaired her first Cabinet Committee on the Future of Work, as the biggest upgrade to rights at work for a generation.

Whilst employment law is devolved in Northern Ireland, there is undoubtedly synergy between the UK’s Government plans to prioritise growth across all regions and Northern Ireland’s Economic Vision to increase productivity, address Regional imbalance and increase the number of persons in ‘Good Jobs.’

The Briefing Notes to the King’s Speech 2024 provide some, but not all, of the detail behind the headlines. We have highlighted below some of the proposed new rights and how they compare to the current, and possible future, position in Northern Ireland.

In Northern Ireland there is a ongoing Public Consultation on an Employment Rights ‘Good Jobs’ Bill which closes on 30 September 2024. Some of the areas being considered in Great Britain are also up for consideration in Northern Ireland.

The proposals in Great Britain are set out below along with the position in Northern Ireland:

1. Banning Exploitative Zero-Hour Contracts

Great Britain:

The Labour Government plans to ban Exploitative Zero-Hour Contracts ensuring workers have the right to a contract that reflects the number of hours they regularly work and get reasonable notice of changes in shift with proportionate compensation.

Northern Ireland:

This is also being considered in the current Northern Ireland Consultation. As well as considering an outright ban, there is a proposal to replace zero hour contracts with contracts that provide flexibility and protect workers’ rights. One of the proposals being considered is using a similar model as to the Banded Hours provisions that are in place in the Republic of Ireland. Provisions are also being considered to ban exclusivity clauses (which are already unlawful in Great Britain) and introduce a mechanism for some form of compensation for late cancellation of work hours.

2. Ending ‘Fire & Rehire’ & ‘Fire & Replace’

Great Britain:

The new Statutory Code of Practice on dismissal and re-engagement only came into force on 18 July 2024 and is one of the legacies of the last Conservative Government. It will be a short lived Code, as the Labour Government has committed to repealing it. They state they want to reform the law to provide more effective remedies.

Northern Ireland:

The issue of dismissal and re-engagement is also being considered as part of the Consultation with proposals ranging from: do nothing; introduce a Statutory Code of Practice; or impose a statutory ban. It will be interesting to see if the direction of travel in Great Britain influences Northern Ireland to adopt a more stringent approach.

3. Parental Leave, Sick Pay & Protection and Unfair Dismissal 

Great Britain:

The Labour Government announced their plans to make Parental Leave, Sick Pay & Protection from Unfair Dismissal Day 1 Rights.

The removal of the 2 year continuous service requirement in order to bring an unfair dismissal claim, is perhaps one of the most publicised measures and will have a real impact on workplaces. The Government has said that it will still allow dismissals during the probationary period but it is not clear how that will operate.

In terms of SSP, they intend to remove the lower earnings threshold for entitlement to SSP and also remove 3 day waiting period.

Northern Ireland:

In Northern Ireland there is a continuous service requirement of 1 year in which to bring an unfair dismissal claim; there is no proposal to change this.

Whilst SSP is a devolved matter for Northern Ireland, historically we mirror GB changes and could well adopt them here.

There are some proposals looking at Paternity Leave but not Parental Leave

4. Flexible Working

Great Britain:

On 6 April 2024, the right to request flexible working became a day 1 right in Great Britain. Two requests in a 12 month period can now also be made and parts of the statutory process have changed.

The Labour Government wants to go further; rather than a right to request, it intends to make Flexible Working the default position from day 1. The onus will therefore be on employers who will be required to accommodate a flexible working request as far as reasonable.

Northern Ireland:

The current proposal is to make flexible working a day 1 right and essentially bring Northern Ireland in line with the changes that came into effect in Great Britain on 6 April 2024.

5. Enhancing protection to women who are pregnant or have had a baby

Great Britain:

In 2024 the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, and the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 enhanced the protections afforded in respect of maternity, adoption and shared parental leave for 18 months following birth.

The Labour Government proposes to make it unlawful to dismiss for 6 months after return to work, except in specific circumstances.

Northern Ireland:

The current proposal is to enhance the protection and essentially bring Northern Ireland in line with the changes that came into effect in Great Britain on 6 April 2024.

6. Establishing new Single Enforcement Body, called Fair Work Agency to strengthen enforcement of workplace rights

Great Britain:

This will only apply to Great Britain; it is proposed that this will make it easier to enforce workplace rights.

Northern Ireland:

No such proposals are currently being considered.

7. Sectoral Pay Agreements

Great Britain:

The Labour Government has committed to establishing a Fair Pay Agreement in the adult social care sector. Thereafter, following review, they plan to assess how and to what extent such agreements could benefit other sectors. This type of sectoral pay agreement is effectively a collective agreement that covers all workers in a sector of the economy, whether they wish to be a part of a union or not. It contrasts to private collective bargaining where agreements only cover individual firms.

Northern Ireland:

Sectoral type agreements are mentioned in the current Consultation in Northern Ireland but no proposals are set out. The Consultation is only asking for views on how sectoral collective bargaining could be improved.

8. Trade Union Legislation and Minimum Service Levels

Great Britain:

The Labour Government plans to remove unnecessary restrictions on trade union activity and ensure industrial relations are based around good faith negotiation and bargaining. They plan to introduce a regulated route to ensure workers and union members have a reasonable right to access a union within workplaces.

The Strikes (Minimum Service Levels) Act 2023 came into force (in Great Britain only) on 20 July 2023 and have faced much controversy. The purpose of the legislation is to require trade union workers in England, Scotland and Wales to provide a minimum service during a strike in health, education services, fire and rescue, border security, transport and nuclear decommissioning. The Labour Government has confirmed that it will repeal this law.

Northern Ireland:

Northern Ireland did not introduce similar laws. Indeed in Northern Ireland, as we did not introduce counterpart laws to the GB Trade Union Act 2016, there is less restriction on trade unions.

The current Consultation also wants to further strengthen ‘voice and representation’ in the workplace by fostering strong relationships between workers, employers and government. This includes developing and modernising the framework within which trade unions operate. It proposes doing this through, for example:

  • Increasing ability for unions to access workplaces
  • Permitting e-balloting
  • Decreasing the information and notice required before taking industrial action
  • Seeking views on the adequacy of protection for employees against detriment who have took part in industrial action

In terms of the minimum service laws, no such equivalent was proposed or exists in Northern Ireland.

9. Simplifying the Process of Statutory Recognition

Great Britain:

The detail on this is lacking in the Briefing Notes. However the Labour Party Manifesto states they will introduce e-balloting and review the existing thresholds which they say place too high a hurdle in modern workplaces. They plan to remove the requirement in GB (introduced by the Trade Union Act 2016) that trade unions show that 50% of workers are likely to support their claim before the process has begun; this would be amended to only requiring a simple majority for a union to obtain recognition.

Northern Ireland:

As stated above Northern Ireland did not introduce laws similar to the Trade Union Act 2016. The Consultation notes that 65% of business in Northern Ireland fall outside of the threshold for which a union could obtain statutory recognition as they do not employ at least 21 workers. The Consultation seeks views on whether this threshold should be lowered in line with the threshold for monitoring with Equality Commission i.e. 11 or more workers working 16 hours or more per week.

10. Draft Equality (Race and Disability) Bill

Great Britain:

The Labour Government states that the draft Bill will tackle inequality for ethnic minority and disabled people by enshrining in law the full right to equal pay for ethnic minorities and disabled people and introducing mandatory ethnicity and disability pay reporting for larger employers (those with 250+ employees).

Northern Ireland:

Discrimination issues fall outside the remit of the Department of Economy which has issued the ‘Good Jobs’ Bill Consultation. In Northern Ireland, the ability to introduce gender pay reporting is contained in section 19 of the Employment Act (Northern Ireland) 2016 in tandem with the introduction of Gender Pay Gap Reporting Regulations.

Of note, when those Regulations are implemented in Northern Ireland (see below) they will not only require gender pay reporting but also ethnicity and disability reporting. This law and Regulations fall under the responsibility of the Department for Communities which confirmed that the way forward on how this legislation is to be enacted is currently being considered and will be announced in due course.

11. Reform GB Apprenticeship Levy

Great Britain:

The Labour Government plans to reform the apprenticeship levy.

Northern Ireland:

The system for administering the apprenticeship levy is different in Northern Ireland but there is widespread support amongst businesses for reform.

The Minister for the Economy has stated the Department is recalibrating its skills agenda. It has also been recognised that the way the apprenticeship levy currently operates in Northern Ireland is not working – larger businesses in Northern Ireland must pay an apprenticeship levy to the UK Treasury (of circa £80 million) but have no guarantee that Northern Ireland will have any direct benefit.

As the apprenticeship levy is a reserved matter, politicians are making the case that it does not work for our local organisations.

Conclusion

Certainly this is a time of significant change for employment law / HR professionals as we work through these changes in the workplace. Whilst the Labour Government plans to introduce an Employment Bill in the first 100 days (i.e. by 12 October 2024), by the time it goes through the parliamentary process, it is unlikely that any of the new laws and rights will be in force for another 12-18 months (October 2025 or April 2026.) This gives workplaces in Great Britain time to plan and prepare.

Some of proposals are similar to what is being considered in the current Northern Ireland Good Jobs Bill Consultation but undoubtedly the GB proposals go much further.

It will be very interesting to see how far the direction in Great Britain influences the way forward in Northern Ireland.

LEGAL UPDATES

  1. Extension of paid Parent’s Leave and Benefit

The Parent’s Leave and Benefit Act 2019 (Extension of Periods of Leave) Order 2024 has been signed into law and, with effect from 1st August 2024, parents will be able to avail of nine weeks paid Parent’s Leave and Benefit during the first two years of a child’s life, or in the case of adoption, within two years of the placement of the child with the family.

The leave will also apply retrospectively to parents who have taken seven weeks’ Parent’s Leave prior to August 2024 (i.e. they will now have an entitlement to an additional two weeks) if their child had not reached the age of two when the leave is taken (in the case of an adopted child it is still within two years of the date of placement of the child when the leave is taken).

A copy of the Parents Leave and Benefit Act 2019 is available here.

A copy of the Parent’s Leave and Benefit Act 2019 (Extension of Periods of Leave) Order 2024  is available here

Members should update their internal policies accordingly.

  1. The Automatic Enrolment Retirement Savings System Act 2024

The Automatic Enrolment Retirement Savings System Bill 2024 has been passed by both Houses of the Oireachtas and on 9th July 2024 was signed into law by President Higgins.

The Act provides for a new retirement savings scheme for workers who earn over €20,000 and who are not already members of a pension scheme.

The Act also establishes an independent public body, the National Automatic Enrolment Retirement Savings Authority (NAERSA) to administer the system and ensure compliance, under the auspices of the Department of Social Protection.

Tata Consultancy Services (TCS), a leading global IT services, consulting, and business solutions organisation, has been selected to provide this administration as a managed service.

NAERSA will identify and enrol participants, collect and pool contributions, arrange for the investment of contributions, manage participant accounts including opt-outs, suspensions and opt-ins, and facilitate the payment of savings at retirement. This will mean employers will have minimal administrative work in relation to Auto Enrolment.

We previously set out details of the proposed scheme to members  here, however we have summarised the main provisions below.

  • All employees not already in an occupational or equivalent pension scheme, aged between 23 and 60, and earning over €20,000 across all of their employments, will be automatically enrolled. Exempt employment is defined in chapter 2 of the Act.
  • Auto Enrolment will commence in 2025 on a gradual phased basis over a 10 year period. Initially employer and employee contributions starting at 1.5% and increasing every three years by 1.5% until they eventually reach 6% by Year 10 (2034).
  • Matching contributions will be made by employers to those contributions made by employees up to a maximum of €80,000 of earnings.
  • The State will also top up contributions by €1 for every €3 saved by the employee, up to a maximum of €80,000 of earnings. This is in addition to the €3 that will also be contributed by the employer.
  • The system will be voluntary but will operate on an ‘opt-out’ rather than an ‘opt-in’ basis.
  • Eligible employees will be automatically enrolled/ ‘opted-in’ but will have the choice after six months’ participation to opt-out or suspend participation.
  • Participants will have a range of four retirement savings strategies to choose from. Those who do not express a preference for any strategy will be enrolled into the default strategy.
  • Workers moving between jobs will not have to change pension schemes or join a new scheme. They will remain members of the Auto Enrolment scheme on a ‘pot-follows the member’ basis. In addition, people with multiple employments will have their pension savings consolidated into one AE ‘pension pot.’

A copy of The Automatic Enrolment Retirement Savings System Act 2024 is available here. We will keep Members updated of the provision of Regulations for any matter referred to under the Act.

LABOUR RELATIONS AGENCY ANNUAL REPORT (July 2024)


The Labour Relations Agency has recently published its Annual Report and Accounts 2023/2024

Gordon Milligan, the Chair of the Board stated is his Foreword that the Agency has finally realised its longstanding vision, which is:

‘to be widely recognized As Northern Ireland’s leading authority in promoting productive working relationships for the benefit of individuals and organizations to support the creation of a thriving and inclusive economy.’

The report, which covers performance, governance and accounting issues, states that the Agency has become thought leader and has conducted research in areas including:

  • Cost of Conflict
  • Building a Business Case for Good jobs

The Agency has also held a number of events such as “Flexible Futures’ and ’10X Reasons (and more) for Good Employment Relations Conference.’

The report highlights how the Agency has been stretched in terms of capacity. Staff have been dealing with increased number of Collective Conciliations (in effort to avoid or stop strikes).  The huge number of Tribunal Claims for Holiday Pay and Pension claims (of which there are thousands in the Tribunal) have also absorbed their capacity.

Looking at its future, the Agency is continuing to work on a Good Employment Charter and developing a New Code of Practice on Collective Bargaining, the latter of which will take into account the Minister’s proposals to strengthen the trade unions.

Some of the work conducted by the Agency has also been at a Sectoral level and again this will feed into the Minister’s Economic Vision about gathering evidence to consider the introduction of Collective Sectoral Bargaining.

The above is very much a high-level summary of the report. The Agency however does a tremendous amount of other work which is set out in more detail in its publication, and it is fair to say punches well above its weight for its modest size and resource.

To fully appreciate the extent of the LRA’s role in promoting good employment relations in Northern Ireland, we recommend that you read the report in full.