Adare Responds to the Challenges of Ireland’s New Remote and Flexible Working
Adare, one of Ireland’s leading HR and employment law consultancy firms responds to the right to request remote working arrangements for all Employees and the right to request flexible working arrangements for parents and carers that came into operation on March 7th, 2024, following the publication of a new Code of Practice by the Workplace Relations Commission (WRC).
These new Employee rights represent a significant shift for businesses necessitating a reassessment of internal processes, aligning with modern workforce needs, and maintaining compliance in response to more flexible employment structures. Adare is committed to guiding Employers through the evolving landscape of employment laws and practices.
“We aim to support Irish businesses as they get to grips with these new regulations. While these changes reflect modern workforce needs, they do pose considerable challenges for Employers, necessitating Employers to re-evaluate their operational frameworks, update policies, and ensure compliance,” said Sarah Fagan, Managing Director of Adare, “The new Code of Practice encourages businesses to assess the effectiveness of their current flexible working practices and identify any benefits or potential issues, aligning them with Employee perspectives to foster a balanced approach.”
“In reality, the interdependencies within Organisations mean that an increase in flexible work arrangements could trigger unforeseen consequences, which will only become apparent through the actual implementation of the new Code. Performance is another consideration, fostering high performance in a remote environment presents unique challenges. Connecting Employees to company culture in remote work settings has also been difficult for many Irish Employers. These points underline the importance of a robust review mechanism within any flexible or remote working practices”.
“We do expect that there will be many challenges from an Employment Law perspective and urge Employers to refresh and prepare Remote and Flexible work policies and procedures to avoid any potential future penalties. Adare is committed to supporting Employers and providing services to Organisations to successfully implement remote and flexible working policies.”
Adare is excited to announce the forthcoming release of our bi-annual HR Barometer report on April 10th, 2024. This comprehensive benchmarking and forecasting report is invaluable for Employers, delving into critical national workplace trends, including HR Priorities, HR Metrics, Health and Well-being, Conflicts and Disputes, Pay & Benefits, and Working Practices. The HR Barometer gives cutting-edge insights that will identify emerging trends, empowering HR strategies to support organisational goals and future-proofing businesses in 2024 and beyond.
Employers Aware of New and Updated Fines
Employers should pay close attention to the new and amended ‘on the spot’ fines introduced under The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023. These regulations permit Workplace Relations Commission (WRC) inspectors to issue immediate fines for specific employment law offences. While these fines might seem small individually, they can accumulate rapidly for Employers committing multiple infractions across various Employees.
The new fines that the WRC can levy under this legislation are:
Existing amended fines include:
The Process
The Regulations prescribe the form of fixed payment notices in lieu of prosecution. This form is issued by an inspector of the WRC on the basis of an allegation that an employer has committed one of the offences mentioned above.
The form requires the identification of the legal basis for the offence, the date and details of the offence and the grounds upon which the inspector is satisfied that the offence has occurred, as well as the fixed amount to be paid.
Fined employers will have 42 days to pay the fine which can only be paid by electronic fund transfer. While an employer is not obliged to make the payment, if they do not, then prosecution may follow. However, no prosecution will occur during the 42-day period.
If an employer fails to pay a fine within 42 days, the WRC’s internal legal affairs committee may initiate criminal prosecution, with a potential summary conviction fine of €2,500 for each offence.
Adare can Help
Our team of Employment Law and Human Resource experts can be your HR partners and guide you through compliance, ensuring your business knows its obligations; staying protected and informed. Reach out to us at (01) 561 3594 or info@adarehrm.ie for support tailored to your needs. Learn more about our services at www.adarehrm.ie.