Graphite Workshops

• Developing an Employee Handbook – one day workshop, 29th March 2007.
• Investigator Training – two day workshop, 3rd and 4th April 2007.
• Coaching Skills for Managers – one day workshop, 17th April 2007.
• Train the Support Contact Person – one day workshop, 24th April 2007.
• Selection Interviewing Skills – one day workshop, 25th April 2007.

Please note that places are limited on all workshops. For further information, or to make a booking, please contact Fran on 01 – 6627099 or fran.graydon@graphitehrm.com

Employment Law Update

• Increased Maternity and Adoptive leave entitlement from 1st March 2007

HR News

• Siptu National Women’s Forum Conference - the Myth of Equality

Practical Steps

• Work-Life Balance Initiatives
• Positive Action Programmes
• Positive Action Toward Disability

Graphite Consultation Queries

• I have just received a request for Part-Time Working from an employee. Do I have to grant it?

Increased Maternity and Adoptive leave entitlement from 1st March 2007

We would like to remind employers that the new maternity leave and adoptive leave entitlements came into effect from 1st March 2007.

For employees going on maternity leave on or after 1st March 2007, the maternity leave period has increased to 26-weeks, while additional maternity leave increased to up to 16-weeks.

Also, for employees going on adoptive leave on or after 1st March 2007, the adoptive leave period has increased to 24-weeks, with additional adoptive leave increased to up to 16-weeks.

For more information on Maternity and Adoptive Leave and related entitlements, see Chapter 11, Leave of Absence, in Personnel Policies and Procedures - The Law in Perspective.

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Siptu National Women’s Forum Conference - the Myth of Equality

The Siptu National Women’s Forum conference was held early in March. The Legislation and Social Affairs Officer with ICTU, Esther Lynch, was quoted as saying that women should challenge the 'child bar' as they previously did the 'marriage bar'. She said that it was a myth that women had achieved equality, and that, in fact, most of the decision-makers in Ireland are men. Ms Lynch pointed out that while only 14% of TDs are women, 95% of secretary generals in Government Departments are men.

Ms Lynch highlighted recent statistics showing that women were behind men in the numbers in employment, in promotions, and in pay. She was quoted as stating that the 14% pay gap between women and men's hourly pay increased with age, and that women in the 55-64 age group earned on average only 53% of men’s income. Further, she explained, only a quarter of working women over the age of 35 had a third-level qualification, and she stressed that second-chance education had to become a reality for older women.

Ms Lynch explained that women were working shorter hours when they had children because of childcare costs and because work environments were not very supportive of parents. She pointed out that this was having an impact on promotions for women. In light of these issues, she suggested that mandatory paid parental leave for fathers, as well as legislating for the right to flexible working arrangements should be considered.

Given the changes implemented in Irish law over the last 10 years in particular, matters in relation to women in the workplace are likely to evolve and be addressed by the Government in the future. Graphite HRM will update clients as important developments arise.

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Work-Life Balance Initiatives

Thursday 1st March 2007 saw the celebration of Ireland's fourth annual Work-Life Balance Day. To mark this event, Graphite HRM is looking at different Work-Life Balance initiatives that can assist employers to get the maximum benefit from their diverse workforce. Work-Life Balance means putting in place a range of flexible working arrangements which help employees to combine employment with other aspects of their lives, such as living a significant distance from the workplace, having a family or pursuing other interests, like training for a marathon. Some of the options that employers offer are part-time working, job-sharing, e-working, term-time working, and career breaks.

While many employers may feel that they are not able to offer flexible hours to their employees, most organisations report that they are surprised by the initiatives that they can offer once they look into the possibilities. For very little cost, an employer can reap considerable benefits, as this article explains.

Article Location: Login to the Client Zone > Click Work Life Balance – select article under Practical Steps.

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Positive Action Programmes

The Employment Equality Acts 1998 and 2004 provide that employers may undertake positive action programmes on the nine grounds covered by the Acts. Positive action is permitted to achieve certain objectives as set out in the Acts. Companies can demonstrate positive action in many different ways, which could include action in the areas of recruitment, physical environment, education and awareness. This article explains how employers can take positive action within the terms of the legislation.

Article Location: Login to the Client Zone > Click Dignity at Work-Equality – select article from under Practical Steps.

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Positive Action Toward Disability

The Employment Equality Act 2004 increased the requirements for employers to provide reasonable accommodation to promote the participation of people with disabilities in the workplace. Disabilities can vary greatly, and the definition of ‘disability’ as given in the Act is very broad. Employers should be aware of this in how they manage their employees, particularly where difficulties arise with regard to performance or attendance.

Employers are expected to provide special facilities, equipment or other relevant supports to a person with a disability where such supports would assist the individual to undertake a role in the organisation. The requirement applies where the provision of such facilities would not give rise to a disproportionate burden for the company.

This article gives examples of the broad range of conditions that could be considered a disability, and sets out how to ascertain what constitutes a proportionate burden for an organisation to reasonably accommodate an employee with a disability. It also provides guidelines on how employers can ensure that they are meeting the requirements of the Employment Equality Acts 1998 and 2004 with regard to disability.

Article Location : Login to the Client Zone > Click Dignity at Work-Equality – select article from under Practical Steps.

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For Premium and Premium Plus customers, Graphite provides a HR Consultation Service. As part of our regular monthly review in HR e-ssentials, Graphite HRM provides you with an insight into the type of queries we get through this consultation service.

Question: I have just received a request for Part-Time Working from an employee. Do I have to grant it?

Answer:

While there is no automatic entitlement to part-time working arrangements in Ireland, an employer should be seen to carefully consider the request in the context of the job requirements before making a final decision. This obligation has been further emphasised by the Labour Court’s publication of a Code of Practice on Part-Time Working in 2006. If the role cannot reasonably facilitate a part-time arrangement, the employee should be informed of same showing that the company genuinely investigated the possibility and the reasons why it is, or is not, possible. Bear in mind that while part-time arrangements may not be appropriate, other flexible arrangements such as job sharing or an alteration of start and finish times, may work.

When implementing a part-time working arrangement, it is also prudent to reserve the right to revert the position to full-time, normal business hours, should the business require it in the future. The role and the employee's performance should be monitored regularly in the first six months to ensure that the arrangement is suitable and that the employee is working well in the new set up. Should an organisation decide to revert a position to full-time at any point in the future, this should be clearly communicated to the employee with as much notice as possible, explaining the reasons why and the alternatives the company had looked at prior to making the final decision.

Employers should be cognisant of the fact that both part-time and job-sharing employees are entitled to the same terms and conditions of employment as a comparable full-time colleague under the Protection of Employees (Part-Time Work) Act, 2001.

To read more about the Protection of Employees (Part-Time Work) Act, 2001, consult Chapter 1, ‘Conditions of Employment’, in Personnel Policies and Procedures – The Law in Perspective.

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