WHAT TO KEEP AN EYE OUT FOR…
Sleepover Pay in Play
The HSE has stated it intends to pay outstanding sleepover payments to directly-employed staff in the intellectual disability and mental health services before the end of this year. IMPACT won the commitment in the Workplace Relations Commission (WRC), where further talks on the need for extra resources to properly structure sleepover rosters are planned.
There will also be further discussions on the development of a transparent process to establish the amount of cash given to section 39 organisations to fund sleepovers, and to highlight outstanding payments needed. Sleepover payments are channelled from the HSE to section 39 bodies via Community Health Organisations. The WRC outcome will also see a review of section 38 organisations to address gaps in the receipt of sleepover payments from the HSE.
During the talks, IMPACT official Ian McDonnell raised a range of issues including payment of the national minimum wage for HSE and voluntary sector sleepover hours. He also sought a transparent process to allow the union to establish whether sleepover funding has been forwarded to Section 39 organisations.
“We have made a fair bit of progress, but now we need to focus on the need for adequate resources and procedures to fund sleepovers in a way that complies with the 48-hour working week average required under the Organisation of Working Time Act,” he started.
Retirement Age for Public Sector Works to rise from 65 to 70
The compulsory retirement age for public service workers is set to increase from 65 to 70 under plans to be announced by Minister for Finance Paschal Donohoe.
It is understood that workers will still be able to retire at age 65 if they choose but will be given the option to work until age 70 if they so wish. The issue of public sector workers having to retire at 65, when they cannot receive their pension until they are 66, was raised in recent budget negotiations by Independent Alliance minister Kevin “Boxer” Moran.
The change was approved by Cabinet at its normal weekly meeting. The formal pension age was increased to 66 in 2013 and a bridging payment for those who had to quit at 65 was abolished. It led to a situation where many of those retiring from the public sector had to draw the dole for a year after their mandatory retirement at 65.
The age at which people are entitled to a State pension will rise to 67 in 2021 and to 68 within the next decade. The Economic and Social Research Institute (ESRI) has also said the retirement age should rise to 70. The ESRI argued that this would counteract a fall in the workforce and the rise in the number of pensioners.
ICTU wants complaints of sexual harassment in the Workplace to be protected
The Irish Congress of Trade Unions (ICTU) has called for complaints of sexual harassment in the workplace to be covered by protected disclosure legislation. The Congress has informed Minister for Employment Affairs Regina Doherty that an amendment to existing legislation would ensure stronger protection for people suffering workplace sexual harassment and help remove barriers to the reporting of abuse.
Currently reports of sexual harassment are treated as 'workplace grievances', and under the new proposals complainants would be ensured of stronger protection and reporting mechanisms. Congress General Secretary Patricia King described the proposed change as "a potential game changer and a major step forward for those suffering such abuse." Speaking on RTÉ's Morning Ireland, Ms King said the reason she is seeking this is based on the experience of dealing with such cases over several years. She said that in some cases the alleged perpetrator may be the most senior person in the organisation, and that under the Protected Disclosure Act there is an option that the worker can actually refer their complaint to an external prescribed body.
She further stated: "A major deterrent or obstacle for workers experiencing such behaviour and in bringing forward a grievance, that grievance usually ends up in the worker having a great fear of reprisal or retribution. In our view that prescribed body should, in these instances, be the Workplace Relations Committee or the Health and Safety Authority where somebody can make the referral in confidence.
Ms King has written to Minister Doherty setting out the case for a change to existing legislation. The letter states: "The Employment Equality Act (1998) adequately defines sexual harassment. It clearly identifies that such harassment constitutes discrimination and, as such, is contrary to the law. However it stipulates that any infringement is regarded as a 'grievance' and therefore a worker is obliged to submit any such complaint or claim directly to the employer only."
New Zero Hours Contracts Legislation Announced
The Minister for Employment and Social Protection has stated the new legislation, published this month, will significantly improve the employment protections for people who are in less secure arrangements, not by choice, and may not know from week to week what hours they will be working.
The Zero Hour Contracts Bill outlines the “Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances”
Key Points to be aware of:
Contracts of Employment:
Summary: Employers must inform Employees in writing, within 5 days of commencement of employment with 5 core terms of employment.
Details: Employers are required to issue Employees with their written terms and conditions within two months of commencing employment. These terms and conditions of employment should include 15 terms. The UL study recommended that all 15 items be given on the first day. However, it has been accepted that this would be excessive. Therefore, instead of this, it is proposed that Employers must inform Employees in writing, within 5 days of commencement of employment, of the following 5 core terms of employment:
The Ministers’ proposals state that there should be a creation of a new offence for when an Employer fails to provide the proposed statement of the five core terms of employment within one month of the Employee commencing employment. The proposals state that strengthening the sanction for non-compliance will help to promote better work practices and provide greater clarity regarding the essential elements of the employment relationship.
Offences:
Summary: An Employer found guilty of an offence may be liable to a fine not exceeding €5,000 and /or imprisonment for up to twelve months. The Workplace Relations Commission (WRC) can also issue a fixed payment notice where an inspector has reasonable grounds to believe the Employer has committed an offence. An Employee must have one month's service to pursue a claim to the WRC for an alleged breach of this section. If an Employee is successful in relation to an alleged breach of their rights, the WRC can order the Employer to pay to the Employee compensation as they believe is just and equitable in the circumstances but not exceeding four weeks' remuneration.
Minimum Payment:
Summary: Minimum payment will be introduced for low paid workers who are called into work but subsequently sent home again without the promised work or any real compensation.
Details: Bill introduces a new minimum payment for low-paid workers who may be called in to work and sent home again without work.
This section applies to an Employee whose contract of employment operates to require the Employee to make himself or herself available to work for the Employer in a week:
(a) a certain number of hours (‘the contract hours’),
(b) as and when the Employer requires him or her to do so, or
(c) both a certain number of hours and otherwise as and when the Employer requires him or her to do so.
If an Employer does not require an Employee to whom this section applies to work for the
Banded Hours:
Summary: Employees whose working hours do not reflect the actual hours worked over a reference period of eighteen months to request to be placed in a band of working hours that are a more accurate reflection of hours worked.
Details: Ensure that workers on low hour contracts who consistently work more hours each week than what is provided for in their contracts of employment, would be entitled to be placed in a band of hours that reflects the reality of the hours they have worked over an extended period.
The band of weekly working hours on which the Employee is entitled to be placed shall be determined by the Employer on the basis of the average number of hours worked by that Employee per week during the reference period.
Points for Employers to complete:
The HSE has stated it intends to pay outstanding sleepover payments to directly-employed staff in the intellectual disability and mental health services before the end of this year. IMPACT won the commitment in the Workplace Relations Commission (WRC), where further talks on the need for extra resources to properly structure sleepover rosters are planned.
There will also be further discussions on the development of a transparent process to establish the amount of cash given to section 39 organisations to fund sleepovers, and to highlight outstanding payments needed. Sleepover payments are channelled from the HSE to section 39 bodies via Community Health Organisations. The WRC outcome will also see a review of section 38 organisations to address gaps in the receipt of sleepover payments from the HSE.
During the talks, IMPACT official Ian McDonnell raised a range of issues including payment of the national minimum wage for HSE and voluntary sector sleepover hours. He also sought a transparent process to allow the union to establish whether sleepover funding has been forwarded to Section 39 organisations.
“We have made a fair bit of progress, but now we need to focus on the need for adequate resources and procedures to fund sleepovers in a way that complies with the 48-hour working week average required under the Organisation of Working Time Act,” he started.
Retirement Age for Public Sector Works to rise from 65 to 70
The compulsory retirement age for public service workers is set to increase from 65 to 70 under plans to be announced by Minister for Finance Paschal Donohoe.
It is understood that workers will still be able to retire at age 65 if they choose but will be given the option to work until age 70 if they so wish. The issue of public sector workers having to retire at 65, when they cannot receive their pension until they are 66, was raised in recent budget negotiations by Independent Alliance minister Kevin “Boxer” Moran.
The change was approved by Cabinet at its normal weekly meeting. The formal pension age was increased to 66 in 2013 and a bridging payment for those who had to quit at 65 was abolished. It led to a situation where many of those retiring from the public sector had to draw the dole for a year after their mandatory retirement at 65.
The age at which people are entitled to a State pension will rise to 67 in 2021 and to 68 within the next decade. The Economic and Social Research Institute (ESRI) has also said the retirement age should rise to 70. The ESRI argued that this would counteract a fall in the workforce and the rise in the number of pensioners.
ICTU wants complaints of sexual harassment in the Workplace to be protected
The Irish Congress of Trade Unions (ICTU) has called for complaints of sexual harassment in the workplace to be covered by protected disclosure legislation. The Congress has informed Minister for Employment Affairs Regina Doherty that an amendment to existing legislation would ensure stronger protection for people suffering workplace sexual harassment and help remove barriers to the reporting of abuse.
Currently reports of sexual harassment are treated as 'workplace grievances', and under the new proposals complainants would be ensured of stronger protection and reporting mechanisms. Congress General Secretary Patricia King described the proposed change as "a potential game changer and a major step forward for those suffering such abuse." Speaking on RTÉ's Morning Ireland, Ms King said the reason she is seeking this is based on the experience of dealing with such cases over several years. She said that in some cases the alleged perpetrator may be the most senior person in the organisation, and that under the Protected Disclosure Act there is an option that the worker can actually refer their complaint to an external prescribed body.
She further stated: "A major deterrent or obstacle for workers experiencing such behaviour and in bringing forward a grievance, that grievance usually ends up in the worker having a great fear of reprisal or retribution. In our view that prescribed body should, in these instances, be the Workplace Relations Committee or the Health and Safety Authority where somebody can make the referral in confidence.
Ms King has written to Minister Doherty setting out the case for a change to existing legislation. The letter states: "The Employment Equality Act (1998) adequately defines sexual harassment. It clearly identifies that such harassment constitutes discrimination and, as such, is contrary to the law. However it stipulates that any infringement is regarded as a 'grievance' and therefore a worker is obliged to submit any such complaint or claim directly to the employer only."
New Zero Hours Contracts Legislation Announced
The Minister for Employment and Social Protection has stated the new legislation, published this month, will significantly improve the employment protections for people who are in less secure arrangements, not by choice, and may not know from week to week what hours they will be working.
The Zero Hour Contracts Bill outlines the “Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances”
Key Points to be aware of:
- Five core terms of employment to be provided within five days of commencement of the employment relationship.
- Prohibition of zero hours except in certain limited circumstances such as emergency situations.
- Minimum payment to prevent the practice of calling Employees in to work but not providing them with work.
- Introduction of a banded hours' provision.
- Enhanced anti-penalisation protections for Employees.
Contracts of Employment:
Summary: Employers must inform Employees in writing, within 5 days of commencement of employment with 5 core terms of employment.
Details: Employers are required to issue Employees with their written terms and conditions within two months of commencing employment. These terms and conditions of employment should include 15 terms. The UL study recommended that all 15 items be given on the first day. However, it has been accepted that this would be excessive. Therefore, instead of this, it is proposed that Employers must inform Employees in writing, within 5 days of commencement of employment, of the following 5 core terms of employment:
- The full name of the Employer and Employee,
- The address of the Employer,
- The expected duration of the contract (where the contract is temporary or fixed-term),
- The rate or method of calculating pay, and
- What the Employer reasonably expects the normal length of the Employee’s working day and week will be.
The Ministers’ proposals state that there should be a creation of a new offence for when an Employer fails to provide the proposed statement of the five core terms of employment within one month of the Employee commencing employment. The proposals state that strengthening the sanction for non-compliance will help to promote better work practices and provide greater clarity regarding the essential elements of the employment relationship.
Offences:
Summary: An Employer found guilty of an offence may be liable to a fine not exceeding €5,000 and /or imprisonment for up to twelve months. The Workplace Relations Commission (WRC) can also issue a fixed payment notice where an inspector has reasonable grounds to believe the Employer has committed an offence. An Employee must have one month's service to pursue a claim to the WRC for an alleged breach of this section. If an Employee is successful in relation to an alleged breach of their rights, the WRC can order the Employer to pay to the Employee compensation as they believe is just and equitable in the circumstances but not exceeding four weeks' remuneration.
Minimum Payment:
Summary: Minimum payment will be introduced for low paid workers who are called into work but subsequently sent home again without the promised work or any real compensation.
Details: Bill introduces a new minimum payment for low-paid workers who may be called in to work and sent home again without work.
This section applies to an Employee whose contract of employment operates to require the Employee to make himself or herself available to work for the Employer in a week:
(a) a certain number of hours (‘the contract hours’),
(b) as and when the Employer requires him or her to do so, or
(c) both a certain number of hours and otherwise as and when the Employer requires him or her to do so.
If an Employer does not require an Employee to whom this section applies to work for the
Banded Hours:
Summary: Employees whose working hours do not reflect the actual hours worked over a reference period of eighteen months to request to be placed in a band of working hours that are a more accurate reflection of hours worked.
Details: Ensure that workers on low hour contracts who consistently work more hours each week than what is provided for in their contracts of employment, would be entitled to be placed in a band of hours that reflects the reality of the hours they have worked over an extended period.
The band of weekly working hours on which the Employee is entitled to be placed shall be determined by the Employer on the basis of the average number of hours worked by that Employee per week during the reference period.
Points for Employers to complete:
- Ensure procedures and checklists are in place to allow the core terms of employment be furnished within five days of the employment commencing, and ensure follow up with all other terms and conditions within two months.
- Identify if zero hours contracts are being used as they are only now allowed the case of emergency cover or short term relief work.
- Ensure banded hours contracts currently reflect the reality of the hours being worked to avoid the possibility of a claim before the WRC.
- Become aware of the anti-penalisation provisions in the Bill so as to ensure that they do not inadvertently penalise or threaten penalisation of an employee for asserting their rights.
