GHR Consulting March Newsletter
GHR Consulting
GHR Consulting helps SMEs save on their HR and Recruitment costs by providing policy documents, recruitment and advice.
Welcome to our GHR Consulting March Newsletter. In this month's article we will be covering the new sick pay legislation, importance of probationary periods, WRC case of pregnancy discrimination and GHR Consulting's Charity Partner for 2023.
1. New Sick Pay Legislation
From January 1st 2023, a new piece of legislation came into effect - The Sick Leave Act 2022. Employers will eventually cover the cost of 10 sick days per year in 2026.
Do all employees not already get sick pay?
Before this legislation, there was no statutory sick pay (SSP) for Irish employees. It was previously at the discretion of employers to decide policy on sick pay and sick leave, subject to the employee's contract or terms of employment.?
What is the timeline of the sick pay?
The entitlement to paid sick leave is being phased in over 4 years:
Who is entitled to receive the Statutory Sick Pay?
In order to receive the paid sick leave, employees must fulfil the following conditions:
Interested in finding out more about the new sick pay? Read here: https://ghrconsulting.ie/new-sick-pay-legislation-2023/
2. Publisher of Parenting Forum ‘EveryMum’ Ordered to Pay Sales Executive €32,500 for Maternity-Related Discrimination.
Zahra Publishing Ltd, the publishing group behind ‘EveryMum’ and cookery magazine EasyFood ,was found to have breached the Employment Equality Act 1998 by dismissing Sandra Varian four months after she told the company’s CEO she was pregnant.?
Having started with the firm on 1 July 2021 as group sales director, the female employee advised the company on 5 August that year that she was 12 weeks’ pregnant. "He seemed a little surprised," the employee said of the CEO.?
The firm’s commercial director met with the employee on 21 September 2021 and discussed issues including the quality of presentations. Formal and informal meetings between the employee and the firm's commercial director followed in October and November, the tribunal was told. The director stated? the employee’s target for the second half of 2021 was €250,000 in new and repeat business, a target cut first to €225,000 and again to €100,000 to be achieved by 13 December.
He said the CEO "contacted the company’s solicitor seeking legal advice in relation to the complainant's poor performance" on 5 November 2021. Ms Varian said the commercial director told her on 16 November that she was "coming under pressure about her figures" and the CEO "seemed very dismissive".
The employee said she asked her boss whether it was "goodbye" if she failed to meet the target of €100,000 in sales by 13 December. He replied that it was "looking that way", she said.
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What happened next? Click here: https://ghrconsulting.ie/publisher-of-parenting-forum-everymum-ordered-to-pay-sales-executive-e32500-for-maternity-related-discrimination/
3. Importance of Probationary Periods for Employees and Employers
What is a probationary period?
A probationary period is known as a trial period of employment during which an employee is employed only subject to satisfactorily completing this period of time. Probationary periods are mainly used with new employees.? If the employee fails to meet expectations and is not suitable for the role, the period provides employers with a safety net to terminate their employment in line with legislation.?
How long do probationary periods last?
Typically, a probationary period normally lasts 3-6 months to give the employer a sufficient length of time to assess the employee as a suitable, long-term addition.?
What are the new legislative changes for probationary periods in Ireland?
In December 2022, amendments were made to the Terms of Employment Act 1994, which is the legislation that requires employers to issue employees with written statements of their terms and conditions of employment. Under the new legislation, probationary periods can no longer exceed 6 months. Only in exceptional circumstances, the probation can be extended for up to a further 6 months (up to a maximum of 12 months in total).
The probation can be extended where it is in the employee's interests or where the employee has been on extended leave, such as sick leave, during their probation. The exception of ‘employee’s interests’ has yet to be specifically defined. It can also be extended where it is justified by the nature of the work, for example public service employment.
What if I was on a probationary period before the amended legislation commenced?
If an employee who commenced employment prior to 16 December 2022 is subject to probation of longer than 6 months and the employee has completed at least 6 months of the probationary period, then it will expire by 1 February 2023, or the date on which the probationary period was due to expire (if earlier).?
To learn more about probationary periods in Ireland, click here:
4. GHR Consulting announces Claddagh Watch as its Charity Partner for 2023
GHR Consulting is delighted that Claddagh Watch Patrol has accepted our offer to have them as our Charity Partner for 2023.
Claddagh Watch is a Voluntary organisation established to prevent accidental death and suicide and to increase Water Safety and Awareness on the Galway Waterways. Trained volunteers operate Safety Prevention Patrols on various nights each week.?
More about our charity partnership on our website: https://ghrconsulting.ie/ghr-consulting-announces-claddagh-watch-as-its-charity-partner-for-2023/