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HR Considerations for Winter 2020 It has been a rollercoaster year for businesses in every sector and individual organisations have been impacted in a specific manner by the pandemic. As we continue to live with Covid-19, we wish to alert HAI members to some HR considerations that are likely to be relevant as we look to close out Winter 2020. 1. Annual Leave 2020: It has been a broken year with the opening and closing of businesses as a result of the lock-downs due to the Covid-19 pandemic. Employees may not have accrued their normal annual leave figures. They may also not have taken their usual quota of holidays if initial plans were cancelled and nothing new was ever planned. We recommend that employers conduct a stock take on outstanding annual leave totals for 2020 now and communicate the results to their employees. Develop a plan for using untaken annual leave or consider what employees can carry over into 2021. If you generally do not allow a carry-over of untaken annual leave perhaps you could make a special allowance for this year only. (Be sure to clarify this in writing!). Remember employees cannot be paid for any untaken annual leave. Ultimately, it is up to the employee to take annual leave, but an employer must be seen to make sufficient efforts to allow time slots for leave to be taken. 2. WRC Inspections: The Workplace Relations Commission (WRC) are currently carrying out inspections on both employment law compliance and Government Return to Work Safely and Covid-19 protection measures. As part of this, they are paying specific attention to the following five areas: • Annual Leave: As reflected in point number 1 above, inspectors have been checking that employers and employees are working together to ensure annual leave entitlements are available for employees to take. • Public Holidays: The October Public Holiday occurred during the latest Level 5 lockdown. Employees who were on lay off are still entitled to receive their entitlement for this public holiday. It is important to note this as inspectors have been focusing on the area of Public Holiday entitlements. • Working Time Tracking: As per the Organisation of Working Time Act, employers must record the working time of their employees and inspectors continue to request these records. In the instance where manual and / or fingerprint clock-in machines are no longer in use, paper timesheets, once they meet certain minimal requirements, are acceptable. • Premium Rates of Pay e.g. Sunday and Overtime: If employees are working different hours due to Covid-19, employers need to ensure that they are capturing any contractual right they may have to premium payments. The WRC also will request to see employee pay slips; these premiums must be outlined on the pay slip along with their normal basic pay. • Dignity at Work: While inspections can cover a wide range of areas, we have noticed a particular focus on checking an employer’s Dignity at Work and/or Bullying & Harassment policies. Employers must be able to provide evidence that they have
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TOMMY SMYTH, Tom Smyth & Associates
policies on bullying and harassment. The Covid-19 pandemic is, of course, a source of anxiety for many and in certain workplaces some colleagues are more affected than others. Unfortunately, tales of parties, gatherings, socialising and non-compliance with restrictions may circulate and potentially lead to confrontation amongst workers. We recommend that employers review and communicate their relevant policies, encourage employees to behave in a respectful manner at work and ensure employees know what protocols to follow should an issue arise.
3. Mental health support: This year has been extremely challenging both physically and mentally for everyone. Mental health issues have come to the fore as an area of concern and employers must be more aware and understanding of the impact Covid-19 may have had on their team’s mental health. • There are a range of supports available from both Government and Independent bodies, such as: - www.hsa.ie - www.yourmentalhealth.ie - www.mentalhealthireland.ie - www.workpositive.ie - www.samaritans.org - Text ‘TALK’ to 50808 to access the HSE free text support service. This is for anyone going through a mental health or emotional crisis. Trained volunteers are available 24/7 for anonymous, supportive text conversations. • Introducing an Employee Assistance Programme (EAP) will provide support to employees struggling with work or personal problems. These schemes are available to purchase from private health insurers and specialist operators who can make customised supports available to your employees. • Many corporate insurers have additional supports for mental health already included in their policies, make sure to check your insurance policy to see if these are included. • Sometimes a simple ‘thank you’ can go a long way to ensure your teams know you appreciate the efforts they are making so don’t be shy about positive feedback! Remember, this has been a challenging year for both employers and employees alike. Take some time to acknowledge the efforts put in by your employees and consider if, in the likely absence of a Christmas party, there are other ways in which you can show your appreciation to staff who have stayed the course in these unprecedented times. We wish everyone all the best for the rest of the year. If you have any questions, please do not hesitate to contact any member of the team on info@tsaconsultants.ie or call 021 4634154.
November/December 2020
