This week's top 5:

1. Annual Review Session of the Week: Act Now: Understanding the Immediate Impact of the Automatic Enrolment Savings Bill
2. Pensions lobby group calls for auto-enrolment clarity in October budget
3. Irish employers least likely to use AI - global survey
4. Why is employee surveillance and tracking on the rise?
5. Productivity problems persist for HR with hybrid workplace ‘fauxductivity’

And in other news............... Are you working in a cross-border role? Would you like to get a recognised, accredited qualification in Northern Ireland employment law from the comfort of your own home/office, wherever you are based? Join the Legal Island and Ulster University 'Post Graduate Certificate in NI Employment Law and Practice 2024/25'. Find out more HERE

CONTENTS

1. Annual Review Session of the Week
2. Case Law Review
3. AI and Employment Law
4. Pensions lobby group calls for auto-enrolment clarity in October budget
5. Why is employee surveillance and tracking on the rise?
6. Recruitment and Skills Shortage
7. Supporting disabled workers with hybrid working: Guidance for employers from UK EHRC
8. Almost half of workers suffering from financial stress amid cost-of-living crisis
9. HR Developments
10. Health & Safety Developments
11. Employment News in the Media
12. Free Webinars This Month

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1. Annual Review Session of the Week: ⚓︎

Act Now: Understanding the Immediate Impact of the Automatic Enrolment Savings Bill

The Automatic Enrolment Savings Bill represents a major shift in Irish pension provision, and HR professionals need to be fully informed. Lorcan Keenan, Partner at Matheson, will guide you through the workings of the new system, including eligibility, contribution rates, and your organization’s immediate responsibilities. Learn the essential steps to prepare for the scheme's launch and ensure your compliance in this rapidly changing landscape.

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 ⚓︎

Caroline Ahearne v Regional Foods Ltd Simpsons Supermarket

Reference: ADJ-00030590

Applicant: Caroline Ahearne

Respondent: Regional Foods Ltd Simpsons Supermarket

Keywords: Sexual Harassment

Summary Sentence: Award of €30,000 made for sexual harassment finding.

Practical Guidance for Employers: Employers should implement and enforce a clear harassment policy that outlines definitions, reporting procedures, and investigative steps. Complaints must be investigated promptly, and any threats against employees taken seriously, with swift action taken to protect staff. Maintain objectivity in handling complaints and avoid informal dismissals. Provide regular harassment training for employees, document all actions taken, and offer support to complainants, such as counselling or alternative working arrangements, to ensure a safe and respectful workplace.

The full case review can be found here: https://www.legal-island.ie/articles/ire/case-law/2024/september/caroline-ahearne-v-regional-foods-ltd-simpsons-supermarket/ 

A Waiter v A Hotel

Reference: ADJ-00046780

Applicant: A Waiter

Respondent: A Hotel

Keywords: Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

Summary Sentence: Employer withheld Waiter’s Tips leading to Dispute

Practical Guidance for Employers: Employers must comply with the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 by clearly displaying notices about tip distribution for both cash and electronic tips. Ensure fair and transparent tip management, and avoid instructing employees to hand over cash tips without clear guidelines. Address concerns professionally to avoid retaliation claims, keep detailed records of tips and hours worked, and respond promptly to any legal disputes to prevent unfavourable outcomes.

The full case review can be found here: https://www.legal-island.ie/articles/ire/case-law/2024/september/a-waiter-v-a-hotel-2024/

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 ⚓︎

Using ChatGPT to Process Your Monthly Expense Claim – Why Wouldn’t You?

Barry Phillips this week looks at a simple use case for ChatGPT that will save everyone time and represents a great place to start for anyone in HR struggling to secure employee sign up to using AI. Listen here:

https://www.legal-island.ie/articles/ire/resources/ai-for-hr-weekly-podcast/2024/sept/using-chatgpt-to-process-your-monthly-expense-claim--why-wouldnt-you/

Irish employers least likely to use AI - global survey

Irish employers are least likely to use artificial intelligence (AI) in the workplace, according to new global research. The survey of 79,000 businesses across Australia, Canada, Ireland, New Zealand, and the UK was conducted by HR firm The Peninsula Group. The research found that employers in Australia and New Zealand are the most likely to use AI regularly, while Irish employers are the least likely. Nearly one-in-four Irish employers said they were fearful of the unknown when it came to AI and over half of Irish SMEs said they were concerned about the risk AI poses to security. RTÉ has more here:
https://www.rte.ie/news/business/2024/0909/1469010-ai-business-survey/

Workers with AI skills top of employers’ wishlists amid expected hiring surge in coming months

Workers with AI skills are top of tech employers' hiring wishlists as a major surge in recruitment is predicted in the coming months. A new survey by ManpowerGroup Ireland published says Irish tech companies expect a resurgence in hiring plans in the next three months. More from the Irish Independent here:
https://www.independent.ie/irish-news/workers-with-ai-skills-top-of-employers-wishlists-amid-expected-hiring-surge-in-coming-months/a930940733.html

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4. Pensions lobby group calls for auto-enrolment clarity in October budget ⚓︎

The Irish Association of Pension Funds (IAPF) has called on the Government to either concede that it will not be in a position to start the landmark auto-enrolment (AE) pension scheme next year — or confirm “with absolute certainty” a date for when it will commence. The lobby group made the call in a submission in advance of Budget 2025 being unveiled on October 1st. More from the Irish Times:
https://www.irishtimes.com/business/2024/09/10/pensions-lobby-group-calls-for-auto-enrolment-clarity-in-budget/

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5. Why is employee surveillance and tracking on the rise? ⚓︎

Here's the latest in a series of increasingly sinister salvos in the war between employers and employees about whether and when they must return to the office. Price Waterhouse Coopers, one of the world's "big four" accounting firms, plans to use geolocation technology to track the location of their employees in the UK to enforce a back-to-the office-mandates. More from RTÉ:
https://www.rte.ie/brainstorm/2024/0909/1469047-employee-surveillance-tracking-workplace-pwc/

And a possible reason why...

Over a third of Irish employees admit to faking activity at work – survey

More than a third of employees have admitted to faking activity during work hours, according to a new survey from Irish tech firm Workhuman and Pollfish. The report, which featured insights from 1,000 full-time employees in Ireland, revealed that 42pc of those surveyed scroll through social media while pretending to be busy reports the Irish Independent:
https://www.independent.ie/business/irish/over-a-third-of-irish-employees-admit-to-faking-activity-at-work-survey/a71157880.html

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6. Recruitment and Skills Shortage ⚓︎

Engineers Ireland warns of shortage of female engineers

The shortage of women entering the engineering profession will have long term implications for the sector, according to Engineers Ireland. The organisation is calling on more women and female students to consider engineering as a career to meet the growing needs of the industry in Ireland and to address predicted skills shortages. More:
https://www.rte.ie/news/business/2024/0911/1469560-engineers-ireland/

Garda numbers fall as dozens of successful candidates choose not to take up their places

Garda numbers fell during the summer months as efforts to increase the size of the force to the Government target of 15,000 continue to falter. There are now fewer sworn Garda members than at the start of last year, despite a recruitment campaign. A combination of resignations, retirements and smaller than expected classes entering the Garda College has resulted in two years of post-pandemic Garda recruitment making little progress. While the force aims to recruit 200 to the Garda College each year, dozens of successful candidates in each intake have not been taking up their places over the past two years reports the Irish Times:
https://www.irishtimes.com/crime-law/2024/09/09/garda-blames-recruitment-struggles-on-competitive-employment-market/

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7. Supporting disabled workers with hybrid working: Guidance for employers from UK EHRC ⚓︎

The UK Employment and Human Rights Commission has published new guidance for employers. Although the advice is aimed at employers in the UK, it is aimed at managers and leaders who are supporting disabled workers with participating fully in hybrid working. It provides practical tips, conversation prompts, questions and case study examples. It covers both recruitment and employment:
https://www.equalityhumanrights.com/guidance/supporting-disabled-workers-hybrid-working-guidance-employers

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8. Almost half of workers suffering from financial stress amid cost-of-living crisis ⚓︎

Concerns about their financial wellbeing and the strain of the cost-of-living crisis are weighing heavily on Irish workers in the weeks before Budget 2025, a new survey has found, with many employees unconvinced their employers are doing enough to relieve the burden. The poll of more than 1,000 employees in the Republic reveals a large cohort – 41 per cent – of respondents who said their employer did not adequately compensate them for inflation last year. The research was conducted by iVox on behalf of payroll and HR technology company SD Worx. Read in full:
https://www.irishtimes.com/business/2024/09/12/almost-half-of-workers-suffering-from-financial-stress-amid-cost-of-living-crisis/

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9. HR Developments ⚓︎

Productivity problems persist for HR with hybrid workplace ‘fauxductivity’

Half of managers still believe their staff are engaging in “fauxductivity” — or faking activity and pretending to work while on the clock, according to a new survey from Workhuman including responses from over 3,000 full-time employees in the U.S., U.K. and Ireland. While 70% of workers say they aren’t pretending to work, interestingly 40% of managers said they themselves are engaging in faking productivity. Worklife has more on this:
https://www.worklife.news/culture/productivity-problems-persist-for-hr-with-hybrid-workplace-fauxductivity/

HR’s increasing role in office moves

HR decision-makers are prioritising employee productivity, amenities, wellbeing and ESG in office moves as 35% of respondents to a survey run by Savills on Personnel Today indicated their intention to increase office footprint in the next 12 months. The research, which represents the views of over 150,000 employees, found that more than 90% of HR professionals believe that real estate plays an important role in attracting and retaining talent:
https://www.personneltoday.com/hr/exclusive-hr-increasing-role-in-office-moves-savills/

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10. Health and Safety Developments ⚓︎

Adapting workplaces to climate change

While employers are legally responsible for the health and safety of workers and are obliged to carry out risk assessments under binding European Union legislation, staff representatives and local trade unions play a crucial role in regulating workplace hazards. They can prompt employers to reduce on-the-job hazards, influence the level of regulatory oversight and educate workers about occupational risks. More from Social Europe:
https://www.socialeurope.eu/adapting-workplaces-to-climate-change

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11. Employment News in the Media ⚓︎

The Department of Public Expenditure, NDP Delivery and Reform has rejected a business case put forward by another Government department for an increase in the €525 per diem rate for 31 external WRC Adjudicator Officers. In the Labour Court ruling, chairman, Kevin Foley reveals that the Department of Public Expenditure rejected the business case for the pay increase put forward by the Department of Enterprise, Trade and Employment in July. Mr Foley stated that the Department of Public Expenditure refused to sanction the proposed increase in the "daily rate" because, it says, "sufficient evidence has not been provided in the business case submitted to justify sanction of an increased rate". You can read more from RTÉ here:
https://www.rte.ie/news/business/2024/0906/1468762-dept-rejects-pay-rise-case-for-wrc-adjudication-officers/

A former Iceland shop steward has been awarded €8,300 after the then-owner of its Irish stores, Naeem Maniar, threatened to sue her personally on the eve of a strike. The award, equivalent to six months' wages for employee Jeanette Joyce, was made by the Workplace Relations Commission (WRC) in a decision on foot of her complaint under the Employees (Provision of Information and Consultation) Act 2006.). The WRC found that Ms Joyce was penalised in connection with her trade union activity. Read on the case here:
https://www.rte.ie/news/business/2024/0909/1469152-former-iceland-shop-steward-awarded-8-300-by-wrc/

Hundreds of plumbers, pipefitters, welders and apprentices, who are members of the Unite trade union, have taken further strike action in a dispute over travel allowances. Last week, construction projects for major companies including Intel, Diageo, Eli Lilly, Analog and the ESB were hit by a 24-hour work stoppage. The action involved pickets being placed on selected large construction sites where members of the Mechanical Engineering & Building Services Contractors' Association (MEBSCA) are carrying out works. The workers are seeking the restoration of a payment for the first hour of their travel time, which Unite said was cut as a temporary measure following the 2008 financial crash. More from RTÉ:
https://www.rte.ie/news/ireland/2024/0910/1469320-plumbers-welders-strike/

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12. Free Webinars This Month ⚓︎

Comparative Law Webinar with Lewis Silkin LLP

Thurs 19th Sept, 11am - 11.45am

With a new Labour government in GB, the ‘Good Jobs’ consultation in NI and recent changes in ROI we’re all playing catch up on the divergence of laws between the neighbouring jurisdictions. Join Emma Grossmith, Managing Associate, Lewis Silkin (NI) LLP and Catherine Hayes, Managing Associate, Lewis Silkin LLP ROI as they discuss recent, and upcoming, changes to:

• Zero-hours contracts
• Family rights
• Domestic abuse

This webinar will coincide with the launch of a Special Edition of the Legal Island Comparative Law table produced in association with Lewis Silkin LLP. Register for free:
https://attendee.gotowebinar.com/register/2564054959976973149?source=Round+Up

Thinking Differently: Legal and Practical Approaches to Neuroinclusion 

Thurs 26th Sept, 11am - 11.45am

As HR professionals, ensuring an inclusive and supportive workplace is a fundamental responsibility. A recent Irish survey conducted by Red C on behalf of Bank of Ireland revealed that almost 1 in 10 adults in Ireland identify as neurodivergent, yet only half of neurodivergent employees have disclosed their condition to their employer. Neurodiversity refers to the natural variation in how the human brain works and processes information, leading to diverse behavioural traits and interactions in the workplace. Despite this, many organisations overlook the importance of raising awareness about neurodiversity and fostering neuroinclusion.

In this webinar, Declan MacQuillan, Senior Associate from Arthur Cox joins Victoria Smith from Legal Island to discuss the significance of neurodiversity in the workplace. Declan will outline the practicalities and provide his legal insights to help you:

• Understand your legal responsibilities under the Employment Equality Acts 1998-2015 and how to avoid discrimination claims.
• Review case law examples of how some organisations have been deemed by relevant authorities to have failed to meet their obligations to neurodivergent staff, and what we can learn from these cases
• Outline best practices in supporting and empowering your neurodivergent employees.

Victoria will also take your questions at the end and discuss with Declan what HR can and should be doing to promote neuroinclusion.

Register for free:
https://attendee.gotowebinar.com/register/8788317717202410332?source=Round+Up

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