Employer Resources Newsletter - January 2025

What Employers Need to Know in 2025

Starting in 2023, Ireland introduced a new annual public holiday to celebrate St Brigid's Day. This holiday is observed on the first Monday of February. However, if the 1st of February falls on a Friday, then that Friday becomes a public holiday instead. The St Brigid’s Day public holiday falls on Monday, 3 Feb this year.

It may seem quite straightforward but there are actually several considerations for Irish businesses with respect to their Employees’ public holiday entitlements. We consider some tricky scenarios such as:

• Businesses that require Employees to work on the public holiday
• How to handle part-time Employees’ entitlements
• What happens if an Employee is on leave or is on temporary lay-off?

Do you know your Employee Public Holiday Entitlements in 2025?

There are 10 public holidays in Ireland this year. The 10 Irish Public Holidays for 2025 are as follows:

1 January: New Year’s Day

3 February: Imbolc/St. Brigid’s Day (A new public holiday that commenced in 2023 is now celebrated annually on the first Monday in February unless the 1st of February falls on a Friday, in which case Friday, February 1st will be a public holiday)

17 March: St. Patrick’s Day

21 April, Easter Monday: Occurs on the Monday after Easter Sunday. Easter Sunday changes date each year, usually observed on a Sunday between March 22 and April 25 depending on lunar calendars.

5 May:  First Monday in May

2 June: First Monday in June

4 August: First Monday in August

27 October: Last Monday in October

25 December: Christmas Day

26 December: St. Stephen’s Day

There is often confusion around the status of Good Friday. Although some Organisations offer the day as a Company annual leave day, it is not a public holiday and is therefore treated as a normal working day under Irish employment law. 

Who is entitled to public holidays?

All Employees are entitled to a benefit for public holidays, but certain qualifying criteria must be met when it comes to part-time Employees.

What exactly are the entitlements?

An Employer can offer an Employee the following arrangements: 

1. a paid day off on the public holiday
2. a paid day off within a month of that day
3. an additional day’s pay; or
4. an additional day of annual leave

Full time Employees will automatically be entitled to one of the benefits above for the purposes of public holiday entitlements. Employees can request their Employer to confirm which arrangement applies at least 21 days before the public holiday. The Employer must respond at least 14 days in advance of the public holiday, or if you do not respond, the Employee is entitled to avail of option 1, a paid day off on the public holiday itself.

In order to qualify for a public holiday benefit, part-time Employees will need to have worked at least 40 hours in the 5 weeks preceding the public holiday.

For the purposes of the above, an additional day’s pay is determined as the previous day worked to the public holiday. However, this does not always equate to double time.

What is the entitlement where a part-time Employee is not required to work on the public holiday?

If part-time Employees have worked 40 hours in the 5 weeks preceding the public and are not required to work on the public holiday, they are entitled to receive one-fifth of their average weekly wage. If their average weekly wage varies from week to week, it is recommended that you seek an average from the previous 13 weeks worked.

What if I need my Employee to work on a public holiday?

If an Employee works on a public holiday they must be paid for the day at their agreed rates. They also have an entitlement to receive one of the public holiday benefits outlined above.

What are some other scenarios I should consider with respect to Employee public holiday entitlements?

• If the business is closed on a public holiday and an Employee would normally be due to work, then they get their agreed rate for a day's pay.
• If the business is open and an Employee works, they are entitled to either paid time off or an additional day's pay. The additional day's pay is what was paid for the normal daily hours last worked before the public holiday.
• If an Employee is not usually rostered to work, they are entitled to one-fifth of their normal weekly wage extra.
• If an Employee ceases to be employed during the week ending on the day before a public holiday, then they are entitled to receive payment for the public holiday provided they have worked for four weeks preceding the public holiday.
• Where the public holiday falls on a day that is not a normal working day for that business, Employees still have entitlement to benefit (2,3 or 4 above can be given as the benefit options). 
• If a person is on temporary lay-off, they are entitled toa benefit for public holidays that fall within the first thirteen weeks of a lay-off.

What if the Employee is on Protected Leave?

An Employee has an entitlement to any public holiday that takes place while they are on maternity leave, parental leave, paternity leave, adoptive leave, parent's leave. There are some exceptions to consider.  Employees do not have public holiday entitlements if they were absent from work immediately before the public holiday for the following reasons:

• Absent for over 13 weeks, due to layoff or some other reason (but not illness or injury) and authorised by the Employer
• Due to a strike
• After the first 13 weeks of carer's leave
• Absent from work for more than 26 weeks due to an ordinary illness or injury (but is not related to the workplace)
• Absent from work for more than 52 weeks due to an occupational injury

Record Keeping

It is a legal obligation for Employers to keep records of the public holiday benefits and payments that were given to Employees for a period of up to 3 years. Separate to that, the burden of proof lies with an Employer if a complaint relating to a contravention of the Organisation of Working Time Act is raised at the Workplace Relations Commission. In these circumstances, it is the Employer that must demonstrate their compliance with the provisions of the Act to mitigate any financial liability.

Adare is a team of expert-led Employment Law, Industrial Relations and best practice Human Resource Management consultants. If your organisation needs advice, support, or guidance about compliance requirements or any HR issues, please contact Adare to learn what services are available to support your organisation.

Dublin Office: (01) 561 3594 | Cork Office: (021) 486 1420 | Shannon Office: (061) 363 805

info@adarehrm.ie | www.adarehrm.ie

Complainant’s request for remote work denied by WRC Adjudicator

Background

The Complainant requested a three-day workweek due to a 150KM daily commute, but her line manager denied it in January. Seeking guidance from the WRC, she later applied for full-time remote work using their template but admitted she hadn’t formally requested changes from her employer.

The Respondent stated core hours were Monday to Friday, with two remote days per week allowed. The Complainant’s requests for remote work on specific days in October 2022 and October 2023 were approved, with the latter arrangement still in place. The Respondent noted no formal request for full remote work and raised concerns about her attendance and adherence to office requirements.

Summary of the Complainant’s Case:

The Complainant stated that she currently works remotely two days per week. In January 2024, she contacted her manager to request a three-day workweek, citing the strain of her 150-kilometer daily commute. However, her manager dismissed the request, and she is unsure if it was ever escalated to HR. Following the rejection, the Complainant reached out to the WRC but found limited information about her rights or how to proceed. 

To address the issue, she decided to apply for full-time remote work, building on her existing two-day remote arrangement. Using the WRC's online remote working template, she completed an application dated July 17, 2024, and included it with her submission to the WRC. During the hearing, she acknowledged that she had not formally submitted a written request to her employer to change her current arrangement.

Summary of the Respondent’s Case:

The Respondent outlined that the employment's core hours are Monday to Friday, with some flexibility for earlier or later start times. The Complainant adjusted her working hours in January 2024. Under the Respondent's hybrid working policy, employees are limited to two remote workdays per week. 

The Complainant's initial request, submitted on October 4, 2022, to work remotely on Wednesdays and Thursdays was approved. On October 18, 2023, she applied to shift her remote days to Thursdays and Fridays, which was also approved and remains her current arrangement. The Complainant did not formally submit a remote working request to HR or provide a written request to her manager, who has since left the organization. The Respondent highlighted concerns in their submissions regarding the Complainant's attendance and performance, particularly her adherence to office attendance requirements.

Findings and Conclusion

Section 21(1) of the Work Life Balance and Miscellaneous Provisions Act 2023 does not explicitly prevent employees from requesting an increase in remote working within a hybrid arrangement. However, it requires that such requests follow Section 20(3), which states that a request for remote working must be in writing and signed by the employee. In this case, both parties agreed that the Complainant did not submit a formal written request for a new remote working arrangement in 2024. Instead, the application submitted to the WRC was not in line with the Act and does not qualify as a valid request.

As a result, the complaint cannot succeed since the employer did not receive a proper written request, which would have required them to respond by either approving or rejecting it in writing with reasons.

At this early stage of implementing the Act, it is important to note that the WRC, under Section 27, does not evaluate the merits of remote working requests. Its role is limited to ensuring that the processes outlined in Section 21 are followed, including applying, responding in writing within the specified timeframe, and documenting any agreement.

While there is no adverse finding against the employer in this case, I raised concerns during the hearing about the employer's response, which criticized the Complainant's performance. This approach seemed inappropriate in a public hearing focused on a technical issue under the law, where the Complainant was exercising her perceived rights. Additionally, it was noted that while the Respondent limits hybrid working to two remote days per week, the Act and the WRC’s Code of Practice suggest that employers should have a clear written policy outlining how requests for flexible and remote working can be made, specifying decision-makers. Such a policy should also address other aspects of the legislation, including the rights of parents and carers to seek flexible arrangements, which should be integrated into the employer’s approach.

Decision

Section 41 of the Workplace Relations Act 2015 required the Adjudicator to make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Complaint seeking adjudication by an Adjudication Officer under s27 of the Work life Balance and Miscellaneous Provisions Act 2023 found the complaint made by Dienifir Taylor against Microchip Technology Ireland Ltd to be not well founded.

Our Commentary

To align with the requirements of the Work Life Balance and Miscellaneous Provisions Act 2023, employers should establish and maintain a robust framework for managing flexible and remote working requests. This begins with the creation of a detailed written policy that clearly outlines the process for submitting such requests. The policy should specify that applications must be submitted in writing, signed by the employee, and should identify the appropriate decision-makers responsible for reviewing and responding to these requests. A clear and transparent policy not only ensures compliance with legal obligations but also builds trust and clarity within the workforce.

It is equally important to provide training to managers who handle such requests. Managers should be fully informed about the legal requirements and internal procedures associated with flexible and remote working arrangements. Proper training helps avoid informal or inappropriate dismissals of requests, which could result in non-compliance with statutory obligations or unnecessary disputes.

When addressing complaints, particularly in public forums such as hearings before the Workplace Relations Commission (WRC), employers must remain focused on the specific issue under discussion. Comments or criticisms regarding an employee’s unrelated performance issues should be avoided unless they are directly relevant to the case. Maintaining professionalism in such settings ensures that the employer’s position is not undermined and reflects a commitment to addressing matters fairly and respectfully.

Communication with employees is another critical aspect. Employers should regularly share updates on their policies and clearly explain the rights afforded to employees under the Act. This includes detailing the steps required to submit valid requests for flexible or remote working arrangements. Clear communication minimizes confusion and ensures that employees are aware of the procedures they must follow, thereby reducing the likelihood of disputes arising from misunderstandings.

By implementing these measures, employers can foster a supportive workplace environment, comply with statutory obligations, and effectively manage requests for flexibility and remote working arrangements. 

Why Your Leadership Team Needs a Leadership Charter in 2025

Adare’s latest HR Barometer 8.2 cites that 51% of Organisations top HR priority for 2025 is Employee Engagement and Experience. Leading an Organisation is a huge challenge. The complexity of managing operations, internal and external stakeholders as well as the wider business environment means that no two days are the same. To help meet the multifaceted challenge of leading an Organisation in a coherent way, leadership teams are increasingly turning to Leadership Charters.

The key benefit of a Leadership Charter is that it provides a clear and consistent foundation that informs leadership decisions around how an Organisation operates, how decisions are made, and how individual leaders interact with stakeholders. This article will examine what exactly a Leadership Charter is, why it is important for business leaders and how your Organisation can implement its own Leadership Charter.

What is a Leadership Charter?

A Leadership Charter is a formal document or statement that outlines the principles, behaviours, and commitments expected of the leaders within an Organisation. It serves as a powerful tool that Organisations can leverage to align leadership behaviours, foster accountability, and drive organisational success.

Leadership Charters work best if they are developed in conjunction with an Organisation’s leaders themselves.

Some of the principles that can appear in a Leadership Charter include:

• Core values: The beliefs and priorities that leaders should embody, such as integrity, collaboration, or innovation. These principles should reflect the Organisation’s mission.
• Key behaviours: Specific actions leaders are expected to demonstrate, like active listening, mentoring, or decisive decision-making.
• Milestones: The measurable responsibilities leaders have, such as achieving business goals while fostering Employee engagement.
• Commitments to stakeholders: Pledges to Employees, customers, and other stakeholders about how leaders will conduct themselves and lead the Organisation.

Why is a Leadership Charter Important?

By establishing a Leadership Charter, Organisations can create a cohesive, resilient leadership culture that drives both Employee satisfaction and business success.

Organisations that implement a Leadership Charter experience key competitive advantages including:

Consistency Across Leadership Teams

Leadership Charters ensure that all leaders operate from a shared understanding of the Organisation’s stakeholder expectations and core values which creates consistency in delivery across leadership teams.

Development of Organisational Culture

A Leadership Charter reflects and reinforces the Organisation’s culture and ensures that leadership decisions always align with the company’s mission, vision, and values.

Guidance Around Softer Skills

A Leadership Charter provides a clear set of Organisational values for business leaders that helps them understand how to carry out their roles beyond their functional expertise. Leaders that better understand the human and strategic aspects of leadership are more likely to gain the respect and loyalty of internal and external stakeholders.

Greater Accountability

By documenting expected behaviours, milestones and outcomes, a Leadership Charter holds leaders accountable for their actions.

Employee Engagement

A well-articulated and effectively communicated Leadership Carter inspires trust and respect among Employees who can hold leaders to account against the stated values in the charter.

Adaptability

A consistent leadership framework can be invaluable during times of transformation or growth. While the Leadership Charter may need to be refined, the core values behind it will guide leaders through difficult periods.

Transform Leadership Through HR

Ready to empower your team to lead the way in creating a cohesive and aligned leadership culture? Contact us today to learn more about our bespoke leadership workshop and start building a leadership charter that inspires excellence.

Email info@adarehrm.ie for more details or click here.