INCREASE TO STATUTORY SICK LEAVE FROM 1 JANUARY 2024
An employee's entitlement to paid statutory sick leave increased from three days to five days from 1 January 2024. The Department of Social Protection (DSP) published updated guidance on how the increase to an employee's statutory sick leave entitlements may impact Illness Benefit (see further details on the DSP website here). Employers should review and update sick leave policies to reflect the recent changes.
Further information on statutory sick leave under Irish law is available here: Employer Alert: From 1 January 2024 Paid Statutory Sick Leave Will Increase To 5 Days
GOVERNMENT'S LEGISLATIVE PROGRAMME SPRING 2024 – EMPLOYMENT LAW
The Government recently published its Legislative Programme for Spring ( here). Our Employment Group highlighted in its briefing some of the legislation for publication and prioritisation, as well as other bills which are expected to be of relevance to employment law matters. See 2024 Priority Legislation for Publication relating to Employment Law
SIGNIFICANT CHANGES TO IRISH EMPLOYMENT PERMIT SYSTEM EFFECTIVE FROM 17 JANUARY 2024
On 22 December 2023, new legislation was enacted to implement significant changes to the Irish Employment Permit system. These changes came into effect on 17 January 2024. Our Employment Group have set out these key changes in its briefing: Significant changes to Irish Employment Permit System effective from 17 January 2024
NEW "ON THE SPOT" FINES FOR EMPLOYMENT LAW OFFENCES
A number of new "on the spot" fines (also known as "fixed payment notices") have been introduced for employment law offences. New regulations published in January consolidate new and existing fixed payment notices which can be issued by Workplace Relations Commission inspectors. Our briefing sets out the complete list of fines for employment law offences, which includes a fine of €1,500 for failure of an employer to provide an employee with their terms and conditions within one month of their start date: New "on the spot" fines for employment law offences
UPDATED CODE OF PRACTICE ON DETERMINING EMPLOYMENT STATUS EXPECTED
Revenue confirmed that, following the Supreme Court decision in the Domino's Pizza case, the Code of Practice on Determining Employment Status is being updated by Revenue, the Department of Social Protection and the Workplace Relations Commission to reflect the judgment. In addition to updating the Code, Revenue confirmed that it will issue separate guidelines on the judgment and its impact on the employment status of individuals for tax purposes in early 2024. Our briefing from the Employment Group and Tax Group is available here: Updated Code of Practice on Determining Employment Status to be Published Following Domino's Pizza Case
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WORK LIFE BALANCE
Code of Practice – Remote Working and Flexible Working Arrangements
It had previously been confirmed by Government that the Code of Practice on the right to request remote working and flexible working arrangements would be published by the end of January 2024. At the time of publication, the Code of Practice has not yet been published.
The Code of Practice is being developed by the Workplace Relations Commission and will provide practical guidance to employers and employees on dealing with these requests under the statutory framework in the Work Life Balance and Miscellaneous Provisions Act 2023.
HEALTH AND SAFETY
Intoxicants in the Workplace
Issues relating to the use and dependency of intoxicants, both in and outside the workplace, remains a prevalent issue for employers. In the Employment Group's recent briefing, it revisited some of the primary considerations from an employment law and health and safety perspective when navigating these complex issues. See Intoxicants in the Workplace - Arthur Cox LLP
PROTECTED DISCLOSURES
Updated Statutory Guidance on the Protected Disclosures Act for Public Bodies
The Employment Group published a detailed overview of the Government's revised and updated Statutory Guidance for Public Bodies and Prescribed Persons to assist them in the performance of their functions under the Protected Disclosures Act 2014 (as amended). The briefing is available here: Overview of the Updated Statutory Guidance on the Protected Disclosures Act for Public Bodies
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
