This week's top 5:

1. Lots of fallouts from the 2025 Budget...
2. 5 common generative AI prompt writing mistakes (and how to fix them)
3. Long delayed pension auto-enrolment set to begin in September 2025
4. 10 October is World Mental Health Day: It is Time to Prioritize Mental Health in the Workplace
5. Annual Review Session of the Week: Substance Abuse in the Workplace: HR Strategies for Addressing the Growing Issue

And in other news…………. Barry Phillips asks whether we can expect a major battle soon for LLM supremacy in the workplace. But is it just a straight fight between ChatGPT and Co-Pilot? He thinks not - listen here!

CONTENTS

1. Annual Review Session of the Week: Substance Abuse in the Workplace: HR Strategies for Addressing the Growing Issue
2. Case Law Review
3. AI and Employment Law
4. Budget 2025
5. Pensions
6. Health unions to ballot staff on industrial action over HSE staffing levels
7. Wellbeing
8. Two recent cases in Ireland apply new Supreme Court test for determining employment status
9. EU CSRD: which countries have implemented?
10. HR Developments
11. Employment News in the Media
12. Friends of Legal Island
13. Free Webinars This Month

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1. Annual Review Session of the Week: Substance Abuse in the Workplace: HR Strategies for Addressing the Growing Issue

A 2023 report by the Health Research Board (HRB) highlighted the ongoing issue of substance abuse in Ireland, with an increasing number of individuals using illegal drugs. Managing substance misuse in the workplace is challenging, with serious legal implications for employers. Join Caroline Reidy from The HR Suite as she provides practical guidance on addressing these issues compassionately while adhering to best practices in employment law. Learn how to identify signs of misuse, develop effective policies, and support employees struggling with substance abuse.

To find out more about this and the rest of the program and book your place, click here:
https://bit.ly/ktroiarel24

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2. Case Law Review

Suman Bhurtel v Chicken Castle Limited Chicken Club

Reference: ADJ-00050788

Applicant: Suman Bhurtel

Respondent: Chicken Castle Limited Chicken Club

Keywords: Working time, annual leave, minimum wage

Summary Sentence: Exploited Worker Wins Multiple Claims 

Practical Guidance for Employers: 

• Ensure compliance with National Minimum Wage regulations, paying employees at least the statutory minimum.
• Pay appropriate premiums for Sunday and public holiday work, in line with the Organisation of Working Time Act 1997.
• Maintain accurate records of hours worked, especially for Sunday and holiday shifts.
• Ensure employees receive their entitled rest periods and weekly breaks.
• Properly document and pay for annual leave to avoid disputes.
• Handle wage-related grievances promptly to avoid legal action.
• Provide clear, transparent employment contracts and ensure all statutory obligations are met regarding working hours and wages.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/suman-bhurtel-v-chicken-castle-limited-chicken-club-2024/

Brendan Connor v Irish Rail 

Reference: ADJ-00048167

Applicant: Brendan Connor

Respondent: Irish Rail 

Keywords: Age Discrimination 

Summary Sentence: Worker held to have been retired without objective reason. 

Practical Guidance for Employers: 

• Review Employment Contracts: Ensure all employees receive written contracts outlining their terms of employment to avoid disputes.
• Understand Age Discrimination Laws: Familiarise yourself with the Employment Equality Act and ensure compliance to prevent age discrimination claims.
• Clarify Retirement Policies: Clearly communicate retirement policies and ensure they align with legal requirements and collective agreements.
• Document Decision-Making Processes: Maintain thorough documentation for decisions regarding retirements, especially those based on age or health.
• Engage in Fair Practices: Ensure that decisions regarding continued employment past retirement age are based on objective criteria, such as capability and business needs.
• Provide Equal Opportunities: Treat all employees equitably regardless of their age, especially regarding voluntary severance and retirement options.
• Review Medical Assessments: When assessing employees' fitness for roles, use objective medical evaluations relevant to their specific duties.
• Consult Collective Agreements: Regularly review collective agreements to ensure compliance with retirement and employment terms.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/brendan-connor-v-irish-rail/

These case reviews were written by Patrick Barrett BL.

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Remember: Our Irish case law reviews are now held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.ie/employment-law-hub/case-law-search-page/

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3. AI and Employment Law

Battle of the Workplace LLMs

Barry Phillips asks whether we can expect a major battle soon for LLM supremacy in the workplace. But is it just a straight fight between ChatGPT and Co-Pilot? He thinks not. 

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/oct/battle-of-the-workplace-llms/

5 common generative AI prompt writing mistakes (and how to fix them)

Generative AI is a powerful tool for creating various content, from business plans to movie scripts. However, the quality of its output hinges entirely on the quality of your input - the prompt. A well-crafted prompt acts as a clear roadmap, guiding the AI to produce results that align closely with your vision. Conversely, a poorly constructed prompt can lead to wasted time, irrelevant outputs, or even problematic content. Let's dive into the common pitfalls that even seasoned professionals stumble into when crafting AI prompts and learn how to sidestep them with this guidance from Forbes:
https://www.forbes.com/sites/bernardmarr/2024/10/01/5-common-generative-ai-prompt-writing-mistakes-and-how-to-fix-them/?ss=ai

How to get employees on board with AI adoption

HRLocker’s Crystel Robbins Rynne gives a step-by-step approach to ensuring employee buy-in when it comes to adopting AI in the workplace. Read more:
https://www.siliconrepublic.com/advice/ai-adoption-employees-trust-hr-advice

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4. Budget 2025

Big VAT blow for hospitality but other firms will gain from Budget

Key points from the budget include:

• Despite months of lobbying, there was no 9% VAT rate for the food-services sector (currently at 13.5%).
• The Minister for Public Expenditure announced a €170m energy support scheme which will provide around €4,000 to hospitality and retail businesses, with approximately 39,000 set to benefit.
• The minimum wage is to increase by 80c an hour from 1 January.
• The amount of tax-free money an employer can give employees as bonus payment will increase to €1,500 and will be payable across a maximum of five non-cash benefits instead of two.
• The surplus in the National Training Fund to be put to good use. It will be used over six years for both current and capital investment to fund research, further and higher education, skills and development and decarbonisation.

You can read the full details from RTÉ’s Will Goodbody here:
https://www.rte.ie/news/business/2024/1001/1473050-vat-blow-for-hospitality-but-other-firms-gain-from-budget/

Review of regulatory changes to cushion SMEs against sudden cost shocks, says Burke

Ongoing reassessments of proposed regulatory changes such as an extension of paid sick leave duration and the abolition of the sub-minimum wage are likely to help Ireland’s struggling small and medium enterprises even if the measures are eventually approved, Minister for Enterprise Peter Burke has suggested. He was speaking at a post-budget briefing on Wednesday during which he acknowledged he had been unsuccessful in having the VAT rate for the hospitality sector reduced to 9 per cent. The Irish Times has more on this story:
https://www.irishtimes.com/business/economy/2024/10/02/review-of-regulatory-changes-to-cushion-smes-against-sudden-cost-shocks-says-burke/

And unions’ responses to the budgets…

ICTU: A mixed budget – some positives but a lost opportunity to fix the economy’s long-term structural flaws

Budget 2025 is fiscally irresponsible. We are using potentially transitory corporation tax receipts to fuel a pre-election giveaway. The 80c increase in the minimum wage is welcome and the Government must stick to its commitment to raise the minimum wage to 60 per cent of hourly median wages by January 2026. In any event, what workers ultimately need is collective bargaining as promoted by the EU Adequate Minimum Wages Directive. That, along with expanded public services, is what will really help workers in the long run. The full statement is available here:
https://www.ictu.ie/news/mixed-budget-some-positives-lost-opportunity-fix-economys-long-term-structural-flaws

SIPTU: Budget 2025 is an irresponsible attempt to buy the election

SIPTU has branded Budget 2025 as an irresponsible attempt by the Government to buy an election and a recipe for long-term instability in our public finances. SIPTU Researcher, Michael Taft, said: “This is an irresponsible budget. The gains in take-home pay will melt away in the years ahead and leave future governments struggling to address falling living standards.” The full statement is available here:
https://www.siptu.ie/budget-2025-is-an-irresponsible-attempt-to-buy-the-election/

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5. Pensions

Long delayed pension auto-enrolment set to begin in September 2025

The long awaited pension auto-enrolment scheme for workers is set to kick in on 30 September 2025. Social Protection Minister Heather Humphreys made the announcement as part of Budget 2025. She also announced that the Pay Related Benefit scheme, which will see workers who lose their job entitled to up to €450 or 60% of their salary, will kick in from 31 March 2025. The Journal has more:
https://www.thejournal.ie/auto-enrolment-september-2025-6503842-Oct2024/

Gender pension gap is shrinking fast – and it may be gone entirely by 2049

Currently, Irish women have 31pc less than men in their pension pots when they retire. The study by The Future Laboratory, which was commissioned by AIB, concludes that, due to policy changes and social shifts, the already closing gender pension gap could be gone by 2049. This could accelerate due to the introduction of pension auto-enrolment next year, the impact of compulsory reporting on the gender pay gap by companies, as well as economic and demographic shifts, the study finds. More from the Irish Independent:
https://www.independent.ie/business/irish/gender-pension-gap-is-shrinking-fast-and-it-may-be-gone-entirely-by-2049/a456643664.html

No tax relief for workers’ contributions in auto-enrolment pension scheme

Employers who contribute to their workers’ pension through the Government’s planned compulsory workplace pension scheme will be entitled to receive tax relief – but employees will not be able to claim relief, according to documents released by the Department of Finance. The much-delayed auto-enrolment (AE) pension scheme was designed to provide workplace pension coverage to about 800,000 workers earning at least €20,000 and aged between 23 and 60, so they won’t have to rely solely on the state pension when they retire. About a third of private-sector workers do not have a private pension. The Irish Independent has more here:
https://www.independent.ie/business/irish/no-tax-relief-for-workers-contributions-in-auto-enrolment-pension-scheme/a467278635.html

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6. Health unions to ballot staff on industrial action over HSE staffing levels

Two of the country’s largest health unions are to ballot their members on industrial action as part of a dispute with the HSE over staffing levels at the organisation. The Irish Nurses and Midwives Organisation (INMO) and Fórsa are among a wider group of unions to have been critical of the limits on recruitment and overall staffing levels set out in HSE’s Pay and Numbers Strategy (PNS) which was published at the start of the summer. The unions argue the arbitrary nature of the limits mean thousands of jobs that existed but were temporarily vacant at the end of last year were effectively suppressed when the PNS figures were put in place. The Irish Times has more on this story:
https://www.irishtimes.com/business/work/2024/09/26/health-unions-to-ballot-staff-on-industrial-action-over-hse-staffing-levels/

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7. Wellbeing

World Mental Health Day 10 October: It is Time to Prioritize Mental Health in the Workplace

Employed adults spend more time working than any other activity during their waking hours. In a myriad ways, and at its best, work can provide a livelihood and be a source of meaning, purpose, and joy. However, for too many people, work falls far short of its potential, failing to enhance our lives and detracting from our mental health and well-being in ways that result in excessive distress and mental ill health. When left untreated, the staggering economic cost is estimated at US$1 trillion annually by the WHO. The WMHD website provides ideas and resources on how employers can improve wellbeing in their workplaces:
https://wfmh.global/news/2024.24-04-17_wmhd2024-theme

Councils come together to offer creative activities in workplaces

A new joint initiative involving Cork and Kerry County Councils will see employees in workplaces across the region participating in creative workshops in activities such as book-binding, printmaking, embroidery, clay sculpting and drawing. The Make or Break programme was initially developed by Cork County Council's Library and Arts Service as part of its Creative Ireland programme last year and now has been expanded in collaboration with the Arts Service in Kerry, the Crawford Art Gallery and HSE Southwest and its expansion is being funded by Creative Ireland. Designed to be both enjoyable and relaxing, the central focus of the programme is to offer employees the chance to get creative and to promote mental wellbeing, contributing to a positive workplace environment. Echo Live has more here:
https://www.echolive.ie/corknews/arid-41485321.html

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8. Two recent cases in Ireland apply new Supreme Court test for determining employment status

In two recent cases, Lewis Silkin sees how the Workplace Relations Commission in Ireland has applied the new five-step test formulated by the Supreme Court last year for determining employment status. The cases highlight the risks associated with engaging self-employed contractors and the importance of carefully reviewing workplace arrangements to avoid misclassification claims:
https://www.lewissilkin.com/en/insights/two-recent-cases-in-ireland-apply-new-supreme-court-test-for-determining-employment-status

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9. EU CSRD: which countries have implemented?

The Corporate Sustainability Reporting Directive significantly extends the amount of sustainability information that companies must report, building on the minimum level of sustainability reporting obligations under the EU Non-Financial Reporting Directive. Companies will need to report a significant amount of employee-related information and therefore need to involve HR/people managers, as required. The new rules will take effect in four stages between 2024 and 2028. Member States had until 6 July 2024 to implement the directive. This implementation map by Ius Laboris shows the current status of transposition of the directive’s provisions into local laws:
https://iuslaboris.com/insights/eu-csrd-which-countries-have-implemented/

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10. HR Developments

Addiction: Supporting employees with alcohol and drug issues

The pandemic and the cost-of-living crisis that followed have fuelled a huge surge in the number of employees battling with alcohol and drug dependencies. Personnel Today looks at how employers can identify and support staff who may be struggling with addictions:
https://www.personneltoday.com/hr/alcohol-drug-addiction-supporting-employees/

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11. Employment News in the Media

A fashion buyer who felt she was "treated like a criminal" when she was sacked while waiting for her work visa to be renewed has won €25,000 for unfair dismissal. The tribunal said her former employer, Elland Distributors Ltd, trading as Born Clothing, was acting on "incorrect information" when it sacked the worker. RTÉ has more here:
https://www.rte.ie/news/business/2024/0927/1472351-i-was-treated-like-a-criminal-fashion-buyer-wins-25k/

Two Sinn Féin press officers have resigned after they gave references for a party colleague who was being investigated for child sex offences. Michael McMonagle last week pleaded guilty to 14 offences of attempted sexual communication with a child and attempting to incite a child to engage in sexual activity. A Sinn Féin spokesperson said that three months after McMonagle had left his job in the party, two former work colleagues were asked for references in relation to his time working with them as a press officer. The party’s spokesperson said that the references were provided “without clearance” from Sinn Féin. More here from the Journal:
https://www.thejournal.ie/sf-press-officers-resign-after-giving-references-for-colleague-accused-of-child-sex-offences-6500657-Sep2024/

A property company has been ordered to pay a former employee nearly €32,000 after putting him on gardening leave for three months - but failing to pay him for it. Corry Bourke was awarded the sum after the Workplace Relations Commission (WRC) upheld his complaint under the Payment of Wages Act 1991 against his former employer, Allied Irish Property Ltd, reports RTÉ:
https://www.rte.ie/news/business/2024/0930/1472795-wrc-gardening-leave-case/

Drug giant Pfizer is cutting more manufacturing jobs in Ireland as the company continues to struggle with the post-Covid landscape in the pharmaceuticals sector. Up to 210 jobs will go across three sites, which amounts to just under 5 per cent of the group’s manufacturing workforce in Ireland. Some of the redundancies will happen before the end of this year with the balance taking place in 2025. The company, which employs around 5,000 people across five plants in Ireland, said it was “actively engaging with colleagues and their representatives” after making the decision to shed jobs in Ireland. More from the Irish Times:
https://www.irishtimes.com/business/2024/10/01/pfizer-to-cut-another-210-jobs-from-irish-manufacturing-sites/

A man and woman have reportedly been fired from their jobs at the Vatican bank because they flouted a ban on marriage between employees. The young couple, nicknamed “Romeo and Juliet” by the Italian media, got married in August, believing they might be spared as the draconian rule had not begun to be enforced until September. Instead, the newlyweds were given 30 days for one to resign so the other could keep their job. Neither was willing to do this, and so they were both sacked after the deadline expired on Tuesday, reports the Irish Examiner:
https://www.irishexaminer.com/world/arid-41488082.html

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12. Friends of Legal Island

Finalists for the 2024 Charity Excellence Awards

The Charities Institute Ireland has released its list of finalists for the 2024 Charity Excellence Awards with over 130 entries from more than 70 charities. We are delighted that a number of Legal Island friends are finalists. Congratulations to all! For the full list of finalists, you can look here:
https://charitiesinstitute.ie/pages/charity-excellence-awards

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13. Free Webinars This Month

Did you miss our webinar this week? Catch up below!

From Blunders to Brilliance: Transforming Accidental Managers into Effective Leaders

Ever wondered why your top talent is heading for the exit? The answer might be closer than you think. Join us for a lively session uncovering the pitfalls of 'accidental managers'—those well-meaning but undertrained leaders who are costing your organisation its best people. Fortune magazine reported 66% of managers are defined as ‘accidental managers’ and in this webinar,  Caroline Reidy of the HR Suite and Julie Holmes, Knowledge Partner at Legal Island, uncover why undertrained managers are driving nearly a third of your workforce out the door. We’ll look at:

• impact of accidental managers on their teams and company culture
• key challenges accidental managers face in leadership roles
• HR’s role in ensuring long-term leadership success
• Discover how to transform these unintentional culprits into skilled leaders who inspire and retain, rather than repel, your workforce. Expect practical insights, surprising stats, and a dash of humour as we tackle one of HR’s most pressing challenges.

Catch up here:
https://www.legal-island.ie/articles/ire/resources/webinars/2024/oct-2024/from-blunders-to-brilliance-transforming-accidental-managers-into-effective-leaders/

All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research:
https://www.legal-island.ie/resources/webinar-recordings/

Enjoy the weekend.

Legal-Island