5 Tips for Employers
Who would be an employer? !
On a weekly if not monthly basis we hear about new employment related legislation being enacted.
There are huge responsibilities and onerous obligations on employers, in this article we try and highlight some of the more pressing factors and issues that employers should take into account in their relationship with their employees:
- Contract of employment
Make sure that the contract is up to date and fit for purpose .For instance ,the new Sick Leave Act 2022 has been enacted and there should be provision in your employment Contract for this Act .Similarly, other relevant legislation should be covered by the Act including data protection, whistle blowing, disciplinary policies etc.
Contracts of employment should also deal with issues such as the right to put an employee on garden leave during notice, confidentiality, intellectual property and restrictive covenants i.e. the restriction on an employee in competing with the employer for a reasonable period of time following termination. The absence of such a suitably worded restrictive covenant can create huge difficulties for employers.
- Independent contractor
Employers often fall into the trap of entering into an independent contractor agreement with somebody who effectively to all intents and purposes can be categorised as an employee.
From a Revenues perspective if the independent “contractor” does not do work for anybody else, works the same hours as an employee, has the same rights as an employee then it is likely that the contractual arrangement will be treated as an employment contract and Revenue may seek backdated PRSI payments from the employer.
- Terminating the employment contract
Employers regularly fall into the trap of not following fair procedures or the terms of their own employment contract when seeking to terminate the employment of employees. It is very important to follow the termination provisions in your own employment contracts and also to follow fair procedures. Legal advice should always be taken when terminating an employment relationship.
- HR Issues
These are changing all of the time and it is very important that employers maintain their policies and procedures up to date to deal with a whole variety of ever-changing issues relating to data protection, email/internet use, social media use, whistle blowing, grievance procedures etc.
- Retirement age
The insistence in employment contracts of a retirement age of say 65 can be challenged by employees as being discriminatory and employers to be very careful that any retirement age be objectively justified.
For advice on these and any other employment related issues please do not hesitate to contact Brendan Dillon or Pauline Horkan on 01-2960666
