Whether you employ 1 worker, 20 workers or 200 workers, your company needs a solid foundation in the area of HR practises from the outset. From the basic contract of employment, to the mandatory employee handbook and right up to handling redundancies or layoff procedures, there are, under law, a set of rules that employers are required to follow in order for them to be deemed compliant from a legislative point of view.
It can seem an overwhelming concept in the initial stages, just thinking about employment contracts, job specifications, handbooks – can seem altogether daunting considering it’s not your expertise or the product or service of the business you are offering, but unfortunately if you are an employer the onus is on you to ensure these procedures are implemented, functioning and continuously updated in accordance with legislation.
There’s a much higher possibility nowadays that NERA (National Employments Right Authority) will come knocking at some point during the course of your operational year. Be ready for this unexpected visit, have your housekeeping in order, be confident that your business will not be exposed to an unnecessary fine due to the lack of adherence on your part!
No employer has the time nor the intention to end up in a tribunal with a disgruntled employee or ex-employee but unfortunately the possibility of that happening is much greater if you do not do your due diligence and ensure you have protected your business and adhered to the letter of the law when it comes to your responsibilities in the areas of HR procedures.
Preventing such problems before they arise is the easiest way to ensure you are not the unfortunate person that ends up in this situation. By implementing the policies, procedures and practises and ensuring their upkeep is managed correctly the results should speak for themselves.
Irish Law and Legislation states it’s the duty of an employer to ensure their part time, full time or casual personnel are protected in the following areas;
Our Associate CIPD accredited HR Consultant and her team are available to risk assess your current HR processes and advise you on how to bring this area of your business up to date and in line with legislative requirements so if you are faced with a NERA inspection or a dispute of some kind you can feel safe in the knowledge that your company is compliant.
It is our business to help you protect your business. We want to work with you to decide the best course of action required to bring your business in line with what is required. Keeping up with changes in the area of HR & Employment Law can be difficult especially when your focus is and should be directed at the core operations of your own business. That’s where we come in. Risk assessments will be carried out by Claire Farrell who is an accredited associate CIPD member as well as a trained and accredited commercial and civil mediator and who has over 15 years’ experience in HR practises, recruitment & selection, strategic staff planning, business development and management. Let us help you!
John Bradley owns a small bakery in a prime location in Galway. He has 4 full time and 2 part time staff members on his books. He has one generic style contract that he gives to all staff; the only difference with each contract is their names and employee numbers. There is a handbook that all staff has access to in the back office which he downloaded off an Australian website.
Is John compliant?
Would John be found compliant if NERA were to carry out an inspection?
The answer is no, John would not be found to be compliant under Irish legislation. His contracts need to be tailored to each specific role for each specific person and the duties required of them in order to meet the needs of the business. The handbook must comply with Irish legislation; other countries may have different regulations to what we practise here.
John’s defence in the face of a NERA inspection might be – I didn’t know! But unfortunately not knowing does not excuse your failure to adhere to the responsibilities set upon employers in this country.
At this point the only solution left for John would be to engage the assistance of a service such as ISS Prevent who will assess, decide, implement and educate your designated staff on a brand new HR system.
or email at:
reception (at) issrecruitment.com
Unit L, Naas Town Centre,
Naas, Co. Kidare,
Rep. of Ireland