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Employers Direct is here to help small business owners in Ireland. So if you manage staff and have a question about HR or employment law, you’re in the right place.
You can call Employers Direct whenever you have a question or concern about managing staff. That includes issues relating to dismissals, conduct, absences, and more.
The Employers Direct helpline is 100% free to use. And you can call whenever you need support – it’s unlimited advice for all employers in Ireland.
When you call Employers Direct, you’ll speak to an Ireland-based employment law expert. Our advisers have years of experience in supporting business owners through complex situations, like redundancies or TUPE.
If a role within your business becomes obsolete, you may have to face the difficult situation of employee redundancy. It’s important you follow the correct process with redundancy.
Employers in Ireland have to remain compliant with the procedure set out in the Redundancy Payments Act 1967-2014. This sets out the obligations and rights of employers and employees in situations where an employee is made redundant. The requirements to consult on collective redundancies are set out in the:
You must ensure that you have an acceptable reason for any proposed redundancies under the legislation. If you do not adhere to this, the employee can claim unfair dismissal or make a complaint to the Workplace Relations Commission (WRC). Section 7(2) of the Act states that there are several genuine grounds for redundancy situations, summarised below.
You are required to consult with the employee before ending their employment as per the terms of the applicable award or registered agreement. Consultation usually involves notifying the employees of the proposed change to their employment, invite them to a meeting to discuss the matter and take any suggestions the employee might offer to keep their job into consideration before making a final decision.
Compulsory redundancy happens when you need to reduce the workforce and decide to make redundancies. In this situation you must decide which employees will be made redundant through fair selection criteria.
Before you formally go through the redundancy procedure you can decide to offer a package to encourage employees to leave their roles voluntarily. This is known as non-compulsory redundancy and can be used to avoid the compulsory redundancy process.
In the absence of contractual notice periods, the minimum statutory notice period for those selected for redundancy are those laid down in the Minimum Notice and Terms of Employment Act, 1973. An employee may wish to leave before the end of their notice period.
Not all employees have redundancy payment entitlements. Your employees must have been with your business for at least 104 weeks of continuous employment to qualify for a statutory redundancy payment.
Statutory redundancy payments made to employees are tax-free. However, discretionary lump-sum payments in compensation for loss of employment are subject to tax. If any ex-gratia payments made to employees as part of a redundancy round exceed the tax-free limits, they will be subject to income tax deductions.
Collective redundancy happens when a large number of employees lose their roles within your business. When 20 or more people are being made redundant in one establishment this is usually considered a collective redundancy.
If you’re considering making redundancies and need to know more, contact us for free support.
Neurodiversity is a concept that recognises that people have different neurological abilities. Neurodiverse individuals have neurological differences sometimes characterised as disabilities which include (but are not limited to):
• Autism Spectrum Disorder
• Attention Deficit Hyperactivity Disorder (ADHD)
• Dyslexia
• Dyscalculia
• Dysgraphia
• Tourette’s Syndrome.
There are still negative misconceptions about neurodiverse employees in the workplace. Employers may worry that these individuals will require too much support, won’t be a good culture fit, or won’t have the necessary skill sets. Neurodiverse employees bring unique skills to the workplace and so not accommodating them can have significant negative impacts on both the individual and your company, including:
• poor job performance
• reduced productivity
• high turnover
• discrimination (which can lead to legal action).
• Avoid stereotyping. There are plenty of assumptions out there around neurodivergent people. Every brain is different, and people will have different strengths and abilities. Employers should respect individual differences.
• Promote an inclusive workplace culture. Employers should create an environment where everyone feels valued and supported, regardless of neurodiversity. This can include implementing inclusive policies and practices, such as flexible work arrangements, accommodations for sensory sensitivities, and providing clear communication.
• Provide training and education. Providing training and education to all employees can help to raise awareness and understanding of neurodiversity. This can include workshops or training sessions on topics such as disability etiquette, communication strategies, and best practices for supporting neurodivergent employees. Employers should ensure that their HR staff are trained in identifying and supporting neurodiverse employees.
• Offer accommodations and support. Neurodiverse employees often face challenges in the workplace, but there are steps that you can take to help these employees work more comfortably. Accommodations can include providing noise-cancelling headphones, offering a quiet workspace, or adjusting work schedules to reduce sensory overload. Employers may also consider providing support, such as mentorship or coaching, to help neurodiverse employees succeed in their roles.
• Focus on strengths, not weaknesses. Employers should focus on the strengths that neurodiverse employees bring to the workplace, rather than their weaknesses. Neurodiverse individuals can bring unique skills and perspectives to their work, such as attention to detail, problem-solving abilities, and creativity.
• Foster communication and feedback. Regular communication and feedback are essential to supporting neurodiverse employees in the workplace. You should provide clear and direct communication. It’s also recommended to allow for regular check-ins to ensure that neurodiverse employees are comfortable and productive in their roles.
Accommodating neurodiverse employees is not only a legal and ethical obligation but also a key aspect of promoting a diverse and inclusive workforce. Employers who fail to provide reasonable accommodations may face legal consequences and negative impacts on their business, while those who prioritise accommodation can benefit from increased employee productivity, engagement, and retention.
Please speak to one of our HR and employment law advisors for free at 1800 719 014 or fill in the form here to request a callback.
When running a business, dealing with absent employees comes with the territory. Usually there is a genuine reason for an employee being away from work. However, this isn’t always the case. Managing employee absences is vitally important to the success of your business.
The following FAQs should help you understand the different types of absences, what causes them, and what you can do to reduce absenteeism in the workplace.
Absenteeism in the workplace is when an employee doesn’t turn up to work at their scheduled time. However, this doesn’t include occasional absences for unavoidable and legitimate reasons, such as sickness.
There are several types of absenteeism that exist in the workplace, these are:
An approved absence refers to any time off that has been previously agreed to between employer and employee. Common examples of this are:
You should prepare for an authorised absence. Always ensure work is completed and scheduled for when the employee is off work.
Unauthorised absenteeism is when an employee doesn’t turn up to work but doesn’t make you or their line manager know. This type of absence can quickly become an issue. It can be highly frustrating for their colleagues, as someone will need to pick up the absent employee’s work whilst they’re off.
Sometimes, absences can’t be avoided and are completely unplanned. Although they can disrupt the workplace, these types of absences are part of an employee’s life.
Typically, an unplanned absence from work will only be for a singular day. If the employee requires more time off, you may need to grant them a period of personal leave. Examples of this form of absence are:
Chronic absenteeism is when an employee is absent from work consistently. This can lead to them not being able to complete their work in a timely and productive manner. This type of absenteeism typically violates a company’s absence policy.
As an employer, you need to understand what can cause excessive and chronic absenteeism in your company. Doing so can go a long way to helping you to manage it.
There are many different reasons and causes of absenteeism. Here are some:
There’s no set amount of days that explain how many days make an absence excessive. However, a good rule to use in your company is three or more unexcused absences in a 90-day period. An employee going over three days in that time period may have problems that you need to address.
There are many indirect costs that come with high levels of absenteeism in the workplace. You may not be aware of how it can affect your company. So as an employer, you need to understand them. Let’s discuss each one in more detail:
High levels of absences can lead to reduced productivity and employee morale. Not just for the member of staff that is off work, but for other members of the workforce. For example, other employees who have been covering the extra workload due to frequent absences may become burnt out and stressed. This is especially the case if the absent employee is senior and important to the business. Someone having to cover someone else’s workload over a period of time may lead to workplace conflict between co-workers.
High levels of absenteeism can lead to financial losses for your company. If their absence leads to dismissal, there are increased administrative costs to hire replacements. As well as costs for the actual dismissal, there is a potential decrease in profits due to a drop in productivity.
Yes, you can dismiss an employee for excessive absenteeism. However, you need to give the employee the best possible chance to improve their attendance. As well as this, you must follow a fair dismissal procedure, failure to do so can lead to claims being raised against you.
There are a few possible reasons that can lead to dismissal due to absenteeism. They are:
You can measure the rate of absences in your company by finding the absenteeism rate. The absenteeism rate is the annual recording of staff absences that are caused by sickness and other personal reasons. The rate for your company can be measured against a single employee, a team, or the overall company. So, you need to know how to calculate the rate for your business.
The following calculation can help you to measure the rate of absences:
For example, three absences over 25 working days. 3 divided by 25 = 0.12, 0.12 x 100 = 12% absence rate. However, you shouldn’t include agreed leaves within your calculation.
Reducing absenteeism in your company should be one of your main priorities. And, there are plenty of things you can do to improve your absence rate.
There are many things you can do to manage absenteeism in your company and improve the overall employee experience. You can:
Compassionate leave and bereavement leave are sensitive issues that must be dealt with in all businesses at one point or another. As an employer it is important you know how to address these types of leave and that you get it right for your business. With good practices in place you should be able to support your employees cope during a difficult period of their life.
Compassionate leave is a type of absence taken when an employee must deal with a difficult or upsetting situation.
Examples of when an employee takes compassionate leave could include:
Bereavement leave is taking time off work by the employee following the death of a loved one. Compassionate leave is the time taken off to look after someone close like a relative or dependant or when an employee must take time off to deal with an upsetting situation.
In some cases of bereavement leave, but certainly not all, the employee may expect the situation to be coming. For example, if an employee has a family member going through a terminal illness. With compassionate leave the situation may be a sudden and unexpected occurrence. A traumatic event that has occurred for your employee’s partner or family member, for example, can be a harrowing experience. In some case you, the employer, may have not have a date for when the employee returns to work and it’s important you handle this sensitively and appropriately.
Because of the unexpected nature of compassionate leave, you may have to deal with other staff who may become annoyed if they must step in and do more work or extra hours because of the employee’s absence on compassionate leave.
Compassionate leave is not a statutory right in Ireland so technically no one is entitled to it. While most Irish businesses are not legally obligated to provide it to employees, common sense has dictated that employers provide compassionate leave to their employees.
Generally an employee may request between three and five days of paid leave but it is up to the discretion of the employer.
It’s recommended that your business have a compassionate leave policy. If your business has no contingency plans for an unexpected or indefinite absence then it will not be prepared for the disruption. Your employees may also be resentful if they feel they are not supported during a difficult time. Having a compassionate leave policy may ensure your business will encourage positive company culture, staff loyalty, and lower staff turnover.
Like compassionate leave, bereavement leave is a discretionary employment policy that allows employees a limited amount of paid-time off work to grieve the loss of a loved one. Bereavement leave allows them to attend to their family responsibilities during a difficult period in their personal lives.
The amount of leave granted can vary from business to business and will largely depend on the proximity of the employee’s relationship with the deceased relative. There is no standard length of time that employers should provide to grieving staff. Employers will need to exercise their judgment and communicate with the employee involved to determine when they are ready to come back to work
A close family member is generally defined as a spouse or civil partner, daughter, son, parent, sister or brother and may include grandparents or a father-in-law, for instance. In the event of the death of a grandparent, an in-law, aunt or uncle, one day of paid bereavement leave is typical.
However, custom and practice will also need to be borne in mind. If employees have received paid time off following a family bereavement in the past, it could be considered unfair not to give the same amount of time off to all employees. This is why it is useful to have a bereavement leave policy in place that can be applied consistently.
It’s prudent to have a detailed policy if your business does differentiate between the number of days provided for different relationships, and these details should be clearly stated in the policy.
For bereavement leave, up to three days’ paid leave following the death of close family members is common. Some businesses may provide five days’ paid leave. What is appropriate in the circumstances is at the discretion of the employer.
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