This week's top 5:

1. 29% of businesses list unrealistic demands regarding hybrid and remote working as key recruitment challenge
2. Annual Review Session of the Week: HR's guide to managing ill-health
3. ‘Purple Washing’ to hide poor disability inclusion practice - what is it and how does it happen?
4. Businesses urged to implement menopause policies
5. Are employers using tactics to weaken union activity?

And in other news…………. Have ideas? Share them with us by completing our quick survey  and help shape our Knowledge Hub. Your feedback could bag you a cool €50! Who knew great ideas paid off so literally? Survey closes TODAY and the winner will be drawn on Monday 14 of October.

CONTENTS

1. Annual Review Session of the week: HR's guide to managing ill-health
2. Case law review
3. AI and employment law
4. Recruitment and retention
5. Women in the workplace
6. Employee health and wellbeing
7. Unions see firms making it harder to represent workers
8. Future legal developments
9. Just in case you missed it...
10. HR developments
11. Employment news in the media
12. Friends of Legal Island
13. Free webinars this month

===============================================

1. Annual Review Session of the week: HR's guide to managing ill-health

With the rising number of employees facing long-term health issues and increasing sickness absence rates, managing workplace ill-health is more important than ever. Join our expert, who will address best practices for creating a supportive workplace environment, developing and implementing health policies, and ensuring compliance with the Sick Leave Act 2022. This session will equip you with the tools needed to maintain productivity while supporting employees dealing with health challenges.

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

 Back to top

===============================================

2. Case law review

Leonie Shiels v Symetri Limited

Reference: ADJ-00045068

Applicant: Leonie Shiels

Respondent: Symetri Limited

Keywords: Constructive dismissal, Fair Procedures.

Summary Sentence: Constructive dismissal due to flawed bullying investigation and appeal process.

Practical Guidance for Employers:

• Ensure Impartial Appeal Processes: Provide an unbiased and clear path for appeals, avoiding involvement of individuals previously connected to the original complaint.
• Communicate Appeal Procedures Clearly: Clearly communicate the appeal process and designate appropriate, unbiased contacts to prevent confusion or mistrust among employees.
• Document All Communication: Maintain records of all communication related to complaints and appeals to demonstrate adherence to procedures and ensure transparency.
• Offer External Review Options: Consider outsourcing the appeal process to an impartial third party when internal neutrality is difficult to guarantee.
• Avoid Procedural Ambiguities: Ensure that the Employee Handbook and contracts clearly outline the appeal mechanisms, avoiding vague instructions that may confuse employees.
• Maintain Mutual Trust: Foster an environment of support by addressing complaints professionally and avoiding actions that may undermine mutual trust and confidence.
• Adopt Fair Procedure Policies: Ensure that procedural fairness is applied consistently, adhering to the principles of the Unfair Dismissals Act(s) to avoid constructive dismissal claims.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/leonie-shiels-v-symetri-limited-2024/

Poliane Fernandes Lima v Elland Distributors Limited Born Clothing

Reference: ADJ-00049872

Applicant: Poliane Fernandes Lima

Respondent: Elland Distributors Limited Born Clothing

Keywords: Unfair dismissal; visa renewal; termination process.

Summary Sentence: Unfair dismissal claim due to mishandled visa renewal and termination process.

Practical Guidance for Employers: 

• Ensure Clear Understanding of Visa Regulations: Stay informed of all relevant visa guidelines, including renewal grace periods. Misinterpretation of regulations may lead to unjustified dismissals and potential liabilities.
• Maintain Open Communication: Foster transparent communication with employees regarding visa status, renewal processes, and any concerns that may impact their employment.
• Establish a Robust HR Process: Even in the absence of a formal HR department, employers should have clear procedures for managing employee matters, including visa renewals and contract extensions, to avoid legal repercussions.
• Provide Opportunities for Representation: Always offer employees the chance to defend themselves, particularly in matters concerning immigration status or employment termination.
• Adopt a Fair Appeal Process: Ensure that dismissed employees are given an opportunity to appeal decisions, especially in complex cases involving immigration or contractual issues.
• Document All Actions: Keep thorough records of all employee interactions, including discussions on visas, investigations, and any legal advice received, to demonstrate procedural fairness.
• Seek Legal Advice Proactively: Ensure that legal advice is sought well in advance of taking any action to verify employee status and verify advice against official resources.
• Understand Employment Rights: Be aware of employees’ rights under the Unfair Dismissals Act 1977, including the importance of fair procedures, notice periods, and just cause for termination.

The full case review can be found here:
https://www.legal-island.ie/articles/ire/case-law/2024/october/poliane-fernandes-lima-v-elland-distributors-limited-born-clothing/

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/

 Back to top

===============================================

3. AI and Employment Law

Disconnect between workers and business leaders on impact of AI across the last year

Wrike just released its 2024 Impactful Work Report, using a survey covering 1,000 business leaders and 2,500 information workers. According to the leaders, AI helps with 32% of their workload — in comparison, information workers say it helps with just 14%. More from Tech:
https://tech.co/news/report-workloads-expanding-white-collar-workers

So...

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 here:
https://www.siliconrepublic.com/advice/ai-adoption-employees-trust-hr-advice

AI fuels surge in fake job ads

A survey commissioned by the Institute of Job Aggregation (IJA) has revealed growing concerns among job seekers regarding the rise of artificial intelligence (AI) in the recruitment process. Nearly half (48 per cent) of respondents reported seeing an increase in fake job advertisements since AI tools have become more prevalent. In comparison, an overwhelming 90 per cent expressed a lack of trust in AI to manage recruitment processes fairly. More from the Global Recruiter:
https://www.theglobalrecruiter.com/ai-fuels-surge-in-fake-job-ads/

This week Open AI presented HR with yet another reason it should be using ChatGPT : the Canvas upgrade
More on this from Barry Philips in his latest podcast episode.

===============================================

4. Recruitment and retention

Hiring and retention big challenge for all firms – survey

Almost all business leaders are experiencing difficulties with hiring, retention, or both, new research has found. The study by Censuswide on behalf of Expleo also revealed these top hiring challenges:

• Undesirable office location, which was cited by almost a third of respondents
• Unrealistic demands regarding hybrid and remote working arrangements were listed by 29% of businesses
• Cumbersome visa processes, a lack of available housing and rising salary expectations

RTÉ has more here:
https://www.rte.ie/news/business/2024/1008/1474103-hiring-and-retention-big-challenge-for-all-firms-survey/

However, on the other side of the coin…

Half of employees feel chances of getting a job are reduced due to one of four factors

A recent report published by recruitment firm Hays Ireland, reveals that over half (53%) of employees reported feeling their chances of being selected for a job were reduced due to identifying factors such as age, gender, ethnicity, or disability. With over half (61%) of professionals have felt misled by interviewers regarding the company’s culture, an issue that is particularly noticeable among neurodiverse individuals (75%) and those with non-white heritage (64%). Business Plus has more on this:
https://businessplus.ie/business-insights/employees-job-hays/

Further health union protests over staff shortages

Health unions will hold the latest in a series of lunchtime protests as part of an ongoing dispute over staff shortages. The group of trade unions, which includes the Irish Nurses and Midwives Organisation (INMO), Fórsa and SIPTU, has said that continuing recruitment restrictions in the health sector are putting patient services under enormous strain. More here from RTÉ:
https://www.rte.ie/news/2024/1009/1474301-health-union-protests/

 Back to top

===============================================

5. Women in the workplace

Ireland set to be one of first countries in world to allow women pause maternity leave if seriously ill

Roderic O’Gorman said the Maternity Protection Bill will entitle a pregnant employee who requires treatment for a serious medical reason to postpone their leave for a period of up to 52 weeks, ensuring they do not lose out on maternity leave because of illness. The legislation also gives members of the Oireachtas a statutory right to 26 weeks maternity leave. The Minister said this provision is “crucial” to move towards gender balance in the Oireachtas reports the Irish Times:
https://www.irishtimes.com/politics/oireachtas/2024/10/09/ireland-will-be-one-of-first-countries-in-world-to-allow-women-pause-maternity-leave-if-seriously-ill/

Businesses urged to implement menopause policies

Irish workplaces urged to 'catch up' and implement menopause-related policies to prevent a brain drain of highly skilled female staff reports RTÉ. Former Director of Public Prosecutions Claire Loftus has made the call and has warned of the potential damage to business if women are forced to leave employment or have their hours cut due to debilitating menopause symptoms:
https://www.rte.ie/news/business/2024/1009/1474503-businesses-urged-to-implement-menopause-policies/

 Back to top

===============================================

6. Employee health and wellbeing

Work issues a factor in mental health problems for over one third, survey finds

St Patrick’s Mental Health Services is focusing on how workplace mental health needs to be “prioritised”. The annual survey titled Annual Attitudes to Mental Health and Stigma, which covers a nationally representative sample of some 1,000 adults, revealed that 37 per cent of respondents cited work-related issues as impacting on them psychologically. A further 47 per cent were not aware that employers are obliged to provide reasonable accommodations for staff experiencing mental health difficulties, reports the Irish Times:
https://www.irishtimes.com/health/2024/10/07/work-issues-a-factor-in-mental-health-problems-for-over-one-third-survey-finds/

Helping working parents avoid burnout: A guide for employers

A 2023 study by Deloitte and the Meltzer Center at NYU Law found that many workers, including parents, hide parts of their identity to avoid being judged at work. The study showed that while 60% of workers reported “covering,” a staggering 68% of caregivers — including parents — admitted to hiding or downplaying their caregiving responsibilities. HRD Connect outlines helpful tips here:
https://www.hrdconnect.com/2024/10/09/helping-working-parents-avoid-burnout-a-guide-for-employers/

 Back to top

===============================================

 7. Unions see firms making it harder to represent workers

Companies are making it harder for trade unions to organise or represent their workers, the “Union Access to Workers in Ireland – Barriers faced by representatives in Ireland within a comparative European context,” report suggests.  Employers are using tactics such as refusing officials physical access to workplaces, monitoring employee communications and victimising activists to weaken union activity, according to the survey of trade union officials and suggests 92 per cent have witnessed or experienced incidents of victimisation of members or activists. You can read more from the Irish Times here:
https://www.irishtimes.com/business/work/2024/10/09/unions-see-firms-making-it-harder-to-represent-workers/

 Back to top

===============================================

8. Future legal developments

Workplace Relations (Exemplary Damages, Unfair Dismissals and Other Provisions) Bill 2024

This Bill will enable the award of exemplary damages in certain circumstances by adjudication officers of the Workplace Relations Commission and by the Labour Court; to make certain non-disclosure agreements unenforceable as against employees who have not received independent advice; to make amendments to the Unfair Dismissals Act 1977 in order to give fuller effect to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. The bill is currently before Seanad Eireann, Second Stage:
https://www.oireachtas.ie/en/bills/bill/2024/82/#:~:text=Bill%20entitled%20an%20Act%20to,to%20make%20amendments%20to%20the

IHREC welcomes Government’s commitment to accede Optional Protocol to the CRPD

The Irish Human Rights and Equality Commission (IHREC) has welcomed the commitment by the Government to accede to the Optional Protocol to the UN Convention on the Rights of People with Disabilities (‘the CRPD’). Once acceded, this will provide a pathway for people with disabilities to make a complaint directly to the UN to vindicate their rights. Deirdre Malone, Director of the Commission said: “We welcome the Government’s announcement on the Optional Protocol, and urge the Government to commit to full implementation of the Convention of the Rights of People with Disabilities. This is a landmark day for disabled people, and the Commission pays tribute to their immense work over the years to get us to this moment.” You can read the full press release here:
https://www.ihrec.ie/commission-welcomes-governments-commitment-to-accede-optional-protocol-to-the-crpd/

 Back to top

===============================================

9. Just in Case You Missed It...

What We Learned Last Quarter

A quarterly update to highlight the latest on key themes you can’t afford to miss on our hub—from AI shaping the future of HR to the latest case law developments in Ireland. Whether it’s managing annual leave or remote work challenges, we’ve got the insights to keep you ahead of the game:
https://www.legal-island.ie/articles/ire/features/hr/2024/october/what-we-learned-last-quarter--q3/

 Back to top

===============================================

10. HR Developments

Are businesses using ‘Purple Washing’ to hide poor disability inclusion practice?

Organisations with a diverse workforce perform better but how can you tell if a business is truly diverse or just ‘purple washing’? Find out more from HR Director here:
https://www.thehrdirector.com/business-news/diversity-and-equality-inclusion/businesses-using-purple-washing-hide-poor-disability-inclusion-practice/

Grieving employees can turn work into a refuge

Contrary to traditional narratives, which depict work as often a burden in times of grief, the research reveals that grieving employees can actively shape the workplace into a refuge through a phenomenon known as job crafting. The research, conducted by Dr Lidiia Pletneva, an Assistant Professor of Management in the Department of Management at LSE, has been published in the Academy of Management Journal. Pletneva interviewed dozens of grieving employees to understand the role that work plays in helping people deal with their grief, and the effects that the work-grief dynamic has on their personal and professional lives. More here from HR Director:
https://www.thehrdirector.com/business-news/health-and-wellbeing/grieving-employees-can-turn-work-refuge/

  Back to top

===============================================

11. Employment news in the media

Talks between Boeing and its largest union to end an almost month-long strike collapsed for a third time, extending a shutdown of the plane maker’s key commercial manufacturing base on the US west coast. Both the embattled plane maker and the International Association of Machinists and Aerospace Workers blamed each other for the impasse, following two days of mediated negotiations over a previously disclosed proposal that would have hiked wages 30 per cent and boosted retirement benefits. Boeing said it has withdrawn the offer, saying further talks don’t make sense at this time. More from the Irish Times:
https://www.irishtimes.com/business/work/2024/10/09/boeing-withdraws-contract-offer-as-union-talks-break-down/

Britain's Labour government set out its plans for a sweeping package of new workers' rights on Thursday including plans to end fire-and-rehire practices and strengthening sick pay in the biggest change to employment law in a generation. The contents of the Employment Rights Bill have been debated for months and will be closely watched by trade unions, who traditionally fund the governing Labour Party, and business leaders, who are concerned about some of the changes reports Yahoo:
https://uk.finance.yahoo.com/news/britain-outlines-details-closely-watched-230331538.html

A manager sacked by Bidvest Noonan nearly four years ago says the findings of a company investigation into alleged false overtime claims, which he denies, are still causing him "difficulties" finding new work in the industry. Marek Zalewski's trade union, SIPTU, says the contract cleaning company "failed to properly investigate the allegations" or give him a chance to account for timesheets regarded as "inflated" by the firm before sacking him. Read more on the case here:
https://www.rte.ie/news/business/2024/1004/1473677-manager-says-false-allegations-prevent-him-finding-work/

Mary Lou Mcdonald and Michelle O’Neill have apologised on behalf of Sinn Féin over the actions of two former party press officers who provided references for Michael McMonagle. The Sinn Féin president said she has asked the incoming general secretary to “immediately initiate a complete overhaul of governance procedures” within the party, adding that it will do “everything necessary to ensure that an incident like this never arises again”. McMonagle was arrested in August 2021 following an investigation into child sex offences. He later found employment in the communications department of the British Heart Foundation (BHF) reports the Journal:
https://www.thejournal.ie/first-minister-to-face-questions-in-stormont-over-sex-offender-former-employee-6507804-Oct2024/

Plumbers, pipefitters, welders and apprentices, who are members of the Unite trade union, are engaging in another day of strike action in a dispute over travel allowances. The latest in a series of 24-hour work stoppages began at midnight and will see pickets placed at the Intel site in Co Kildare, where several members of the employers group the Mechanical Engineering & Building Services Contractors' Association (MEBSCA) are carrying out works. Read more on the strike action here:
https://www.rte.ie/news/business/2024/1007/1473884-plumbers-strike/

  Back to top

===============================================

12. Friends of Legal Island

Shared Island Mediation Forum

As part of Northern Ireland’s inaugural Mediation Week in October 2024, Ulster University is proud to host a special evening event on Thursday, 17 October, exploring how different jurisdictions across the British Isles approach mediation. This unique event will feature three keynote talks, starting with a senior Irish judge who will discuss the legislative path taken by the Republic of Ireland regarding mediation, followed by a panel discussion. Professor Bryan Clark of Newcastle University will then present on the mediation framework in England and Wales. The final talk will be delivered by a senior member of the Northern Ireland judiciary, addressing the current and future role of mediation in Northern Ireland. This session will conclude with a panel discussion. Attendees of this event will receive 2 CPD points. Find out more and book your free spot here:
https://www.eventbrite.co.uk/e/shared-island-mediation-forum-tickets-911963586637

 Back to top

===============================================

13. Free webinars this month

 Did you miss our webinars? 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. Caroline Reidy uncovered the pitfalls of 'accidental managers'—those well-meaning but undertrained leaders who are costing your organisation its best people. It's available 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