In Brief: Important Updates from March 2018

Employment Law is a complex area that is continually changing. It can be difficult to keep up to date with the latest developments, but don’t fret, the Irish Employment Law Hub is the best way to stay informed. The Hub offers in-depth articles written by expert employment lawyers and leading HR professionals, case law analysis and materials tailored specifically to how the law applies in Ireland. It is fully searchable, available 24/7 and has a useful browse by topic function.

In case you missed it… here’s a quick recap of some of the topics that featured in March 2018, including:

• Deirdre Crowley, Partner & Head of the Technology and Employment Law in Crowley Solicitors, sets out practical tips on how to become GDPR compliant;
• we consider five key issues of the Employment (Miscellaneous Provisions) Bill 2017;
• Emily Sexton of CKT Solicitors reviews the recent Court of Appeal judgment in Nano Nagle School v. Marie Daly [2018] IECA 11;
• Harry Wall of RDJ Solicitors explains how to avoid discrimination against part-time workers;
• and we ask Laura Graham, Associate in the Employment Law team at Reddy Charlton Solicitors, whether employers should include a data protection clause in their contracts of employment.

Deirdre Crowley’s Guide to the GDPR for HR Professionals

In this 45-minute webinar recording, Deirdre Crowley, Partner & Head of the Technology and Employment Law Units in Crowley Solicitors, sets out practical tips on how to become GDPR compliant.

In Crowley Solicitors monthly article contribution, Eimear Boyle gives an overview of the prevalence of risk and explains how HR professionals should start thinking about their approach to risk assessments required under the GDPR.

Nano Nagle School, Appellant, v. Marie Daly, Respondent [2018] IECA 11

The Court of Appeal examined the interpretation of Section 16 of the Employment Equality Act 1998 as amended, concerning the scope of the obligation on employers to provide reasonable accommodation for employees with a disability in certain circumstances. The case provides guidance on when it may be reasonable for an employer to determine that it may be open to them to terminate an employee’s employment due to incapacity.

The Employment (Miscellaneous Provisions) Bill 2017

The key objective of the Bill is to improve the security and predictability of working hours for employees on insecure contracts and those working variable hours. It is aimed at tackling exploitative employment arrangements and those unscrupulous employers who do not respect even the most basic rights of employees.

The Bill addresses the following five key issues which have been identified as being areas where current employment law should be strengthened to the benefit of employees without imposing unnecessarily onerous burdens on employers.

1.  One is ensuring that employees are better informed about the nature of their employment arrangements, in particular their core terms, at an early stage of their employment. A new offence is being created where employers fail to comply with the new information requirements.
2. A second issue is strengthening the provisions around minimum payments to low-paid, vulnerable employees who may be called into work for a period but not provided with that work.
3. A third issue is prohibiting zero-hour contracts except in limited, specific circumstances.
4. A fourth issue is ensuring that employees on low hour contracts who consistently work more hours each week than provided for in their contracts are entitled to be placed in a band of hours that better reflects the reality of the hours they have worked on a consistent basis over an extended period.
5. A fifth issue is strengthening the anti-penalisation provisions for employees who invoke or try to invoke a right under these proposals. The Bill seeks to achieve its aims through appropriate amendments to the Terms of Employment (Information) Act 1994 and the Organisation of Working Time Act 1997.

https://www.legal-island.ie/articles/ire/features/review/2018/mar/review-of-recent-employment-developments-in-ireland-232018/#Bill

Preventing Discrimination against Part-Time Workers - How Do I Handle It?

Our business is engaging employees on a part-time basis for the first time. I understand that part-time employees cannot be treated less favourably than equivalent full-time employees regarding certain terms and conditions. Does this apply to extra benefits made available to employees? How do I handle it?

Harry Wall of RDJ Solicitors explains the protection afforded to part-time employees under the Protection of Employees (Part Time Work) Act 2001 and explains that a part-time worker may be treated less favourably than a full-time employee where there are objective grounds to justify such treatment.

How to Carry Out & Comply with the GDPR

The need to understand and appreciate the strict obligations on employers with regards the storing and processing of data is now more important than ever as we move closer to the deadline on the 25^th May 2018.

Bríd Nic Suibhne, Associate in A&L Goodbody’s employment law group answers a number of GDPR-related queries, clarifying the position on consent, retention periods, data protection officers, contracts with third parties and the storage of employee data.

Should Employers Include a Data Protection Clause in their Contracts of Employment?

With the threat of severe financial penalties for non-compliance (up to €20m or 4% of global turnover for data breaches and up to €10m or 2% of global turnover for administrative breaches) many employers are making GDPR compliance a business critical issue and will be asking whether contracts of employment should be amended to reflect GDPR requirements.

Laura Graham, Associate in the Employment Law team at Reddy Charlton Solicitors, considers whether employers should include a data protection clause in their contracts of employment.

And finally… our favourite news story involved a waiter in Canada fired for "aggressive" and "rude" behaviour towards other staff says he has an excuse: he's French. Arguing his sacking amounts discrimination, Guillaume Rey has filed a complaint with British Columbia's Human Rights Tribunal stating French culture "tends to be more direct and expressive."
http://www.bbc.co.uk/news/world-us-canada-43507949