Our next article in a series of articles examining managing change in the workplace focuses on how to communicate both the need for change and the proposed changes within the workplace.

We set out below, examples of situations where an employer is legally obliged to notify employees of change; situations where the employer, needs to communicate and engage with employees to implement change.

Changes in Work Practices and Internal Policies

From time to time it is necessary for an employer to make changes to work practices to introduce new policies and procedures in the workplace. We propose to examine a process that might be followed in the example below;

On reviewing internal policies on data protection, use of e-mail and social media in the workplace, an employer decides to amend the existing policies and procedures.

Cyber liability insurance is in place to manage this risk and protect against loss of personal information, loss of corporate information, network security and to protect against reputational damage. The policy generally covers the employer in such circumstances unless there has been a criminal breach of law, regulation or fraudulent act; unlawful or unauthorised collection of third-party data, unsolicited materials, or any intentional, deliberate or reckless act committed by an officer of the company that would reasonably be expected to give rise to a claim against an insured.

At first glance, the typical exclusions on a cyber -liability insurance policy seem to be remote from the day to day business and interaction with clients, customers and employees. However, the exclusions highlight the requirement for clear and robust policies to be in place in the workplace with regard to the use of data, email, and social media, to ensure that everybody within the workplace knows what the requirements are.

The employer spends time and money with advisors having new policies and procedures drawn up covering data protection, e-mail and social media use and is ready to implement them. What next? The employer is concerned because up until now there was very little supervision of e-mail use and social media and believes that the changes will result in a negative response.

Each organisation and business is different and will have its own method of communications. The study carried out by the Department of Management and Centre of Innovation and Structural Changes, NUI Galway, addressed these issues in its publication “Organisational Change and Employee Information and Consultation”. This is a very interesting research project that was commissioned by the Department of Enterprise, Trade and Employment (now the Department of Justice, Enterprise and Innovation) to explore a range of employee information and consultation mechanisms in 15 Irish organisations.

The research identified general principles of good practice in the area of information and consultation, summarised as follows:

“Perceptions Matter
It appears that where employees believe their voice is listened to, then this equates to situations where information and consultation is regarded as more genuine and open.

Structures Matter
Our data supports the argument that well developed, robust and appropriate structures from employees to articulated concern or grievance are crucial.

Processes Matters
How employees are informed and how they are consulted is much more important than adopting as many mechanisms as possible. The key is appropriateness, understanding and clarity of objectives in devising a range of different mechanisms, and this warrants consideration of the forms used to inform and consult employees.

Integration Matters
Unless the systems to inform and consult employees have a logical resonance with other HR policies and practices for instance training, coaching skills, reward or employment security, then schemes run the risk of being regarded as short-lived and bolted on.

Representation Matters
For information and consultation to be regarded as affective and legitimate, there has to be an open climate that can encourage both critical and constructive views of employees and their representatives about managerial decisions”. 1

From the above principals of good practice, the researchers then went on to develop a process framework for implementing change; using the example of the introduction of a new email and social media policy the steps that might be followed are set out below:-

Changes to the Contract of Employment

In general, an employer must notify an employee in writing of any change to contract of employment. Section 5 of the Terms of Employment (Information) Acts 1994 -2001 requires that notification is given no later than one month after the change takes effect.

Best practice is to ensure that all changes to employment terms and conditions are given in writing and are communicated clearly to the workforce. This assists the employer in ensuring that all employees are aware of the change, can plan and prepare for it. In addition, it is good practice to allow employees plenty of opportunity to ask questions; if needs be receive additional training that might be required. A complaint in relation to a breach of Section 5 may be brought before a Rights Commissioner until after the 1st October 2015 when the complaint shall be made before the Adjudication Officers in the Workplace Relations Commission. Redress includes up to four weeks’ salary, directions that a written statement of terms is given to the employee and/or correction of any inaccurate terms given.

Code of Practice on Information and Consultation 2

The Code of Practice is designed to assist employers, employees and their representatives to develop arrangements for consultation in accordance with the provisions of the Employees (Provision of Information and Consultation) Act 2006. The Act gives employees the right to information and consultation about developments in the workplace on issues impacting on employment, in work organisation or in relation to contractual relationships.

The Act applies to any business/organisation whether public or private sector, whether operating for profit or otherwise with the following minimum workforce thresholds;

• At least 150 employees from 04 September 2006
• At least 100 employees from 23 March 2007
• At least 50 employees from 23 March 2008

How the workforce is calculated is set out in the Code of Practice together with a structure for setting up information and consultation arrangements. Schedule 1 to the Act sets out the Standard Rules on Information and Consultation which provide step by step guidance on the size of the consultation forum, the procedure at forum meetings and what information shall be discussed within the forum.

The Act provides that an employer should not penalise representatives for performing their functions under the Act (for example, by dismissal or other prejudicial treatment such as unfavourable changes in conditions of employment). The Act provides that a grievance arising in this regard can be referred to a Rights Commissioner and that a decision of a Rights Commissioner can be appealed to the Labour Court

The Protection of Employment Act 1977 -2007 provides for consultation for a minimum of 30 days between employers and employees prior to the implementation of collective redundancies. Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:

• 5 employees where 21-49 are employed
• 10 employees where 50-99 are employed
• 10% of the employees where 100-299 are employed
• 30 employees where 300 or more are employed

An employer is also obliged to provide the following information in writing to employee representatives:

• The reasons for the redundancy
• The number and descriptions of the employees affected
• The number and descriptions of employees normally employed
• The period in which the redundancies will happen
• The criteria for selection of employees for redundancy
• The method of calculating any redundancy payment.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 require both parties to a transaction to inform and consult with staff affected by the transfer in relation to certain aspects of it. In particular, both the transferor and the transferee are required to inform employee representatives of the reasons for the transfer, the legal, economic and social implications of the transfer for the employees, and of any measures envisaged in relation to them as a result of the transfer. If any such measures are envisaged, the employer is obliged to consult with employee representatives 30 days before the transfer, or otherwise in good time prior to it.

Change Introduced by New Laws

Similarly an employer must ensure that there is full compliance with new legislation which may affect the work place. For example, if new regulations are brought in under the Safety Health and Welfare at Work Act 2005. The Health & Safety Authority, in its introduction to the “Safety Representatives Resource Book” (published on the 28th April 2015)3, emphasises that best practice in ensuring a safe workplace is to allow for a consultation between the employees and employer, to facilitate the appointment of a safety representative, nominated by the employees, who can make representations to the employer on employee safety, health and welfare matters in the workplace.

The right to be consulted and informed was given statutory recognition in the Safety, Health & Welfare at Work Act 1989 and reaffirmed in the 2005 Act. Given that there are over 200 acts in statutory instruments, concerned with occupational health and safety, it stands to reason that having a good system of communication between employees and the employer on health and safety matters benefits all.

1 “Organisation Change and Employee Information and Consultation” Tony Dundon, Deirdre Curran, Maureen Moloney and Paul Ryan; Department of Management and the Centre for Innovation & Structural Change (CISC), NUI Galway, August 2003.

2 S.I 132/2008 Industrial Relations Act 1990 (Code of Practice on Information and Consultation Declaration) Order 2008.