Employment Law Audit

Avoid being sued or prosecuted

The day to day demands of running a business can often leave you with little time to carry out a full review of the employment law documents and procedures you use as an employer in Ireland.

The cost of having the wrong document or procedure can be great. Even something as simple as a job offer letter can create difficulty for you if it is not worded properly. Are your contracts of employment up-to-date? Are you maintaining the correct records for the right length of time?

An employment law full audit will review all of the documents and procedures which you use. You will then be advised of any areas where you may be in breach of current employment law legislation. One of our experienced experts will offer guidance on how to fix any areas which need attention.

We can tailor documents, contracts, procedures, job offers, to suit your individual needs.

With an audit from us, you need not fear an inspection from NERA . or from the Workplace Relations Commission (WRC) 

The WRC carry out approximately 5,000 on site inspections annually. With that number of inspections taking place the odds are increasing that you will be inspected. Almost half of the inspections carried out by The Workplace Relations Commission are unannounced. That means they arrive at your door with no advance notice. Take this as advance notice and get a test audit carried out now by our experts and avoid the risk of prosecution.

We can work with you on a regular basis so that changes are embedded in your organisation and policies are kept up-to-date.

An employment law audit is a major step in pro actively reducing the chances of being sued by an employee.

It is better to avoid being sued. Even when you win an employment law case, you are left with the feeling that you have invested a lot of your precious time, defending an action which may have been avoided.

Contact us for more details on our employment law audit for your business.

Use the orange Tell Me More button below.   and we will contact you at a suitable time.

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Employment Records

What records must I keep as an Employer in Ireland?

Irish employment legislation places an obligation on an employer to maintain the following minimum records:

1. Your employer registration number with the Revenue Commissioners

2. Name, Address and PPS number for each employee

3. The terms of employment for each employee

4. Copies of all payslips

5. Payroll details .e.g. Allowances, gross to net, overtime, shift allowances, commissions, bonuses, etc.

6. Employees Job Classifications

7. Hours of work for each employee. These must be very detailed, and include start and finish times, breaks and rest periods.

8. Commencement date and where applicable termination date, for each employee.

9. A register must be maintained of all employees under 18 years of age .

10. Details of any provision for board and lodgings.

11. Holiday and Public Holiday entitlements taken by each employee.

12. Such documents as may arise under employment rights legislation.

An inspector carrying out an inspection on behalf of the National Employment Rights Authority can request to see all of those records.

What steps should I take to ensure compliance with Irish Employment legislation?

Using the check list below, you should carry out a quick review of the records you hold for each employee.

If you have a full record for each employee, in each category, well done.

If you find that there are some records either missing or not maintained, then you should contact us immediately to discuss how to sort out the problem and put you back in compliance with the law.

Don't put off taking action. If you find yourself the subject of a NERA inspection, you will be glad that you acted now.

We understand that most employers are working under extreme time constraints. That is why you should delegate the task to one of our experienced experts.

Contact us today, using the orange Tell Me More button below, to discuss your Irish Employment law needs, and get the peace of mind that comes from knowing that you are compliant.

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Disciplinary and Grievance procedures

Getting it right the first time

Every employer in Ireland has a legal obligation to provide each employee with a written copy of the procedures to be followed when dealing with grievances and discipline at work. Under the Unfair Dismissal Acts 1977 to 2007 this must be given within 28 days after entering a contract of employment.

Most employer cases are lost because the employer failed to follow correct procedures when dealing with an employee.

Having an up to date grievance and disciplinary procedures manual is the first step towards ensuring that expensive mistakes are avoided. The second step is making sure that everyone follows the procedures.

Take the time now to implement a good disciplinary procedures policy or waste time and money in a Workplace Relations hearing trying to defend an unfair dismissal claim which could lead to a substantial compensation payment.

What makes a good disciplinary and grievance procedure?

 The following attributes are essential to any effective grievance and disciplinary procedure:

• It must be fair

• It must be straightforward and avoid ambiguity.

• The penalties must be clearly stated.

• An internal appeals system must be laid out in simple steps.

• It must be in a format and language that is easily understood.

Take it in stages

Generally the steps in a disciplinary and grievance process will be progressive.

When a grievance is first raised, the employee should be encouraged to approach their line manager, in the first instance. Consideration should be given to whether the matter can be dealt with informally. After careful investigation it may be the case that a quiet word will help the offending party see the error of their ways.

If the grievance cannot be resolved informally, then it may be necessary to move to a more formal stage in the process, involving the carrying out of a formal investigation, followed by a disciplinary hearing. The results of the hearing should be communicated to the employee concerned without undue delay. The option to appeal the decision must be offered.

Then if requested by the employee, the appeal hearing must be held in a fair manner, in accordance with the procedures manual.

If a decision to penalise the employee is made, this can be implemented at different stages in the disciplinary scale, depending on the seriousness of the offence.

The penalties usually escalate from oral warning, then a written warning, then other penalties such as, suspension, transfer, demotion or dismissal. Where the breach is considered to be serious, the employer can implement the more serious disciplinary action at an earlier stage. For example, you may have to suspend an employee without starting at the oral warning stage.

The benefits of having a good grievance and disciplinary procedure in place

The importance of having fair procedures in place cannot be overemphasised. The benefits include;

• Where fair procedures are in place and are used consistently, employees tend to feel that their input is valued.
• Proper procedures can provide a framework for measuring performance. When performance falls short, to the extent that it creates a grievance, then either the employee or management can raise it, knowing that it will be dealt with in a professional manner.
• When all parties are familiar with the procedures, then problems tend to be sorted out earlier in the grievance cycle.
• A reputation for fair treatment in the workplace leads to excellent industrial relations.

How can I check if the procedure is fair?

We can review your disciplinary and grievance procedure for you at an agreed cost.

We can draft a new policy for you if you need one.

For a free initial consultation contact us using the orange Tell Me More button below.  

See article on Natural justice and discipline here

See article on gross misconduct here

Download a copy of the LRC's Grievance and Disciplinary Procedures Booklet,here

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• discipline
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