Employer Resources Newsletter - November 2024

One of the key HR priorities to emerge from Adare’s most recent HR Barometer Series 8.2 was employee engagement and experience. Persistently tight labour market conditions go a long way to explaining HR’s recent focus on employee engagement. 

With the unemployment rate expected to hover around 4% into 2025, HR teams look set to continue focusing on employee engagement strategies into next year to drive better recruitment and retention metrics. Against this backdrop, there are also major compliance changes taking place in 2025. The first contributions under the pension auto-enrolment scheme will be collected in September 2025, gender pay gap reporting obligations will extend to organisations with 50 employees or more and wider pay transparency measures that affect recruitment processes and employment contracts will move a year closer. To help HR professionals prepare for 2025, this article will focus on key trends that HR professionals need to prepare for in the year ahead.

Employee Engagement – Work with Purpose

Why It Matters: Engaged employees are more committed to their organisations. employees who engage with an organisation’s mission, values and objectives tend to perform better and are less likely to seek alternative roles with competitors. In tight labour market conditions, organisations with high engagement levels therefore enjoy a competitive advantage over their rivals.

HR Strategy: To boost employee engagement, organisations should consider how they might cultivate a sense of purpose and better align work with broader organisational values. As the workforce increasingly values mission-driven work, organisations that provide employees with an appropriate amount of autonomy and highlight the impact of employee workplace contributions are more likely to have an engaged workforce that is less susceptible to approaches from competitors.

Working Practices - One Size Fits All Approach Losing Relevance

Why it Matters: employee expectations around workplace flexibility are at an all-time high. A key employee priority is striking the right balance between work-life and personal life. The challenge for HR departments remains creating a workplace culture that supports flexibility, autonomy, and empowerment while maintaining productivity and overall organisational performance.

HR Strategy: As more and more reports suggest that organisations are going to ramp up return to office policies next year, it is vital that HR engages with employees to see how an increase in office time will impact their work and personal lives. organisations that allow employees to maximise the time they devote to their personal lives may enjoy a competitive advantage in a tight labour market. Finding out what matters most to employees and providing targeted benefits and targeted flexible work options is more likely to earn loyalty across the workforce.

Preparing for New Compliance Requirements

Why It Matters: As employment laws evolve, HR professionals need to stay informed to ensure compliance and avoid legal risks. After a busy recent period of employment law developments, 2025 looks set to be no different. Next year will see the first contributions made under the auto-enrolment savings scheme, the widening of the obligation to publish a gender pay gap report to organisations with 50 employees or more, an increase in minimum wage as well as further pay transparency compliance and possible changes to statutory sick pay (subject to review of status quo).

HR Strategy: HR professionals must ensure to stay up to date with regulatory changes that may impact the workforce. Preparations for auto-enrolment and gender pay gap reporting in particular are likely to require significant stakeholder consultation. HR departments should begin scheduling time to meet with payroll and pension advisors in good time to ensure the relevant actions are taken well in advance of the June snapshot date for gender pay gap reporting and the September date for pension auto-enrolment.

The Multi-Generational Workforce

Why It Matters: With as many as five generations working in certain organisations, HR professionals must find ways to meet a wide range of employee expectations, values, and working styles. While managing this level of age diversity can be challenging, it also represents an opportunity for organisations to tap into a wide range of skills and experiences. The ongoing digitisation of work is also likely to influence different generations of employee in different ways.

HR Strategy: Different generations have different expectations regarding key workplace matters like career development, work-life balance, and benefits packages. HR will need to communicate with employees to establish their priorities and develop policies that meet the varied needs of a multi-generational workforce. HR will also be instrumental in fostering knowledge transfer and collaboration between younger and older employees. Relevant initiatives could include facilitating workshops that encourage mutual learning and respect across generations. As discussed above, ways of working and benefits packages may also need to be more flexible and tailored to the needs of different generations. Younger generations may prioritise career development, while older generations may value retirement planning and pension benefits. HR must therefore design benefits and policies that are inclusive and address a variety of needs.

Monitoring Progress in 2025

HR professionals will continue to play a vital role in fast moving developments in the world of work in 2025. The pace of change is challenging but determining the best path for an organisation will continue to involve a combination of internal self-examination and external assessment of how industry competitors are responding. Data-driven decision-making will also help to inform HR decisions around employee performance, engagement, and overall organisational health. In an increasingly data-driven world, HR teams must continue to monitor key metrics around employee engagement, employee satisfaction, and productivity to ensure that HR strategies for the year ahead are delivering anticipated results.

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

Respondent illegally rejecting force majeure leave leads to Complainant receiving €2,500 compensation

Background

The Complainant’s wife had complications after giving birth and needed emergency surgery. She was sent home two days later, still very weak and needing a lot of help. This meant she couldn't look after their children.

The Complainant told his boss he needed to take time off work to care for his wife and children. He asked for special leave called "force majeure" because it was an emergency. His boss said no, and told him to use his regular vacation time instead.

The Complainant’s wife became more ill and had to return to the hospital. He asked the Respondent again for special leave, but was refused again. He had no choice but to use his vacation time, even though he felt it was unfair.

Later, the man tried to get his vacation time back. He argued that his situation was a real emergency, and he had no other option but to stay home and care for his wife. The Respondent refused, saying it wasn't a true emergency and he should have planned better. They said he was offered other types of leave, and what they did was legal and fair in accordance with legislation.

In simple terms:

The Complainant needed time off to care for his sick wife and children. The Respondent would not give him special emergency leave, so he had to use his vacation time. He felt this was unfair because it was a true emergency.

Summary of the Complainant’s Case:

On May 25th, the Complainant’s wife gave birth but faced complications requiring emergency surgery. She was unexpectedly discharged from the hospital on May 27th, still needing significant care. The Complainant had no help to look after his wife and children, so he informed his manager that he couldn’t work his next three shifts to take care of them. This situation was unplanned, unlike their previous childbirth experience.

Given the urgency, the Complainant requested force majeure leave, as he was the only available caregiver. However, his manager said this did not qualify as force majeure leave and advised him to take annual leave instead. The Complainant disagreed, noting the unexpected nature of the situation, but the manager said HR would review the request. Later, he was told he wasn’t eligible for force majeure leave.

The day after his wife’s discharge, the Public Health Nurse referred her back to the hospital with a suspected spinal fluid leak. While at the A&E with his children, the Complainant contacted his manager again. His manager informed him that legal advice was being sought and that force majeure leave was still unlikely. The final response was that he could take unpaid leave for medical care but not force majeure leave. The Complainant argued that he had never used force majeure leave before and met the requirements, but his manager reiterated the options of annual or unpaid leave. With his wife unable to walk or care for the children, the Complainant chose annual leave, planning to contest this later.

His wife required daily monitoring by the hospital to avoid further complications. The Complainant kept his manager informed of her condition over the phone. In light of this and a similar case (Dean Hart v Komfort Kare ADJ00051923), the Complainant wants his situation reconsidered, as it parallels the precedent where force majeure leave was wrongly denied.

Under the Parental Leave Act 1998, employees must notify their employer as soon as possible for force majeure leave. Acting promptly, the Complainant informed his employer upon learning about his wife’s need for care. The surgery left her severely anaemic and at risk of sepsis, needing medication and close observation for symptoms that could require emergency hospital visits.

Given his usual night shifts, the Complainant couldn’t leave his incapacitated wife alone, as she needed assistance with basic tasks like dressing and caring for their newborn and 7-year-old. When he first requested force majeure leave, his manager expressed sympathy but denied the request, offering annual or unpaid medical leave instead.

As his wife's condition worsened with a suspected spinal fluid leak, the Complainant updated his manager, who still denied force majeure leave. The Complainant pressed further, highlighting the severity of the situation, but received the same response. On May 28th, a day before his scheduled shift, he was under immense stress.

The Complainant believes he acted responsibly and in a timely manner. His wife’s condition was unforeseen, serious, and required his immediate care. Even if childcare had been available (which it wasn’t), his presence was necessary to assist her in emergencies, as seen on May 28th when she returned to the hospital. He contends that his support was essential, given the trauma his wife experienced and the lack of overnight care alternatives.

Summary of the Respondent’s Case:

Complainant's Background

The Complainant began working as a Security Officer for the Respondent on October 30, 2018, earning a gross hourly wage of €17.33. He remains employed with the company.

Issue Background

On May 27, 2024, the Complainant requested three days of Force Majeure Leave (May 29-31) from Mr. Dalibor Ambrozic, Deputy Key Accounts Manager, via phone. Mr. Ambrozic denied this request, stating it did not qualify for Force Majeure Leave and promised to follow up with an email explaining why. Later, he sent an email with a link to an article clarifying the meaning of "immediate and indispensable presence" under Force Majeure Leave.

The Complainant replied, stating his wife had given birth on May 25, faced medical issues requiring surgery, and needed someone at home upon her discharge. He insisted his presence was urgent and renewed his request for Force Majeure Leave.

On May 28, 2024, Mr. Ambrozic responded, confirming that the situation did not qualify for Force Majeure Leave. However, he suggested the Complainant could apply for Medical Care Leave, which requires a minimum of five days but can be extended. The Complainant opted to take Annual Leave instead and indicated he would seek redress through the Workplace Relations Commission (WRC), filing a complaint on June 11, 2024.

Respondent’s Position

Under Section 13 (1) of the Parental Leave Act 1998, Force Majeure Leave is for urgent family reasons when an employee's immediate presence is indispensable due to a sudden illness or injury of a family member. The Respondent argues that the Complainant's case does not meet this definition. The delay in taking leave and the advanced notice given indicate the situation was not sudden or unforeseen. The Respondent believes the Complainant had sufficient time to arrange care for his wife and children or apply for another form of leave.

The Respondent also cites the case *McGahey v Liebherr Container Cranes Limited*, where the court ruled that the husband’s presence, while helpful, was not indispensable, setting a precedent that the necessity of immediate presence depends on specific circumstances. Furthermore, the Respondent referenced the *Thermo King v Nolan* case, reinforcing that all conditions of Section 13(1) must be met for Force Majeure Leave to apply.

In offering Annual Leave or Medical Care Leave (unpaid), the Respondent contends it acted reasonably. The Complainant chose Annual Leave but declined unpaid Medical Care Leave, which the Respondent deemed more suitable given the situation.

Conclusion

The Respondent maintains it acted lawfully in denying Force Majeure Leave and provided fair alternatives. The company believes its response was reasonable based on the statutory requirements and existing legal precedents.

Findings and Conclusion

The Parental Leave Act, 1998 states at section 13:

13(1) An employee shall be entitled to leave with pay from his or her employment, to be known and referred to in this Act as “force majeure leave”, where, for urgent family reasons, owing to an injury or the illness of a person specified in subsection (2), the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable.

13(2) The persons referred to in subsection (1) are –

(a) a person of whom the employee is the parent or adoptive parent,

(b) the spouse of the employee or a person with whom the employee is living as husband and wife, …..

I Adjudicator found that the Complainant primarily took emergency leave to care for his wife who was quite ill following the birth of the child.

The position adopted by the Respondent caused some stress and anxiety to not only the Complainant but also to his family.

The Adjudicator found that the days in question should be viewed as force majeure leave and the Respondent’s records amended accordingly. The annual leave taken from the complainant’s entitlement should be restored and the Adjudicator also ordered that compensation in the amount of €2,500 be paid by the Respondent to the Complainant.

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.

The Adjudicator found that the days in question should be viewed as force majeure leave and the Respondent’s records amended accordingly. The annual leave taken from the complainant’s entitlement should be restored and the Adjudicator also ordered that compensation in the amount of €2,500 be paid by the Respondent to the Complainant.

Our Commentary:

When dealing with a situation of force majeure, it is best to:

Understanding Force Majeure Leave: Legal Framework and Practical Application

Under the Parental Leave Act of 1998, specifically Section 13, force majeure leave is a provision designed to accommodate situations where an employee's immediate and urgent presence is required due to a sudden, unforeseeable illness or injury of a close family member. This leave is intended to address emergencies that demand the employee's presence, such as medical crises involving a spouse, child, parent, or other close relatives. The purpose of force majeure leave is to provide employees with the flexibility to attend to these urgent, unexpected situations without prior notice or the usual leave request procedures.

Individual Case Assessment and Decision-Making Criteria

Each request for force majeure leave should be evaluated on a case-by-case basis, considering the specific circumstances surrounding the request. It is important to assess the urgency of the situation and the indispensability of the employee's presence. For instance, if a family member has suffered a sudden health emergency or accident, the need for immediate leave may be warranted. The evaluation process should consider factors such as the nature of the illness or injury, the relationship between the employee and the affected family member, and whether the employee’s presence is crucial at that moment. employers must exercise discretion and sensitivity, acknowledging the unforeseen nature of such events, and ensure that decisions are made promptly to address the employee's immediate needs.

Communication and Offering Alternatives in Case of Denial

In situations where a request for force majeure leave cannot be granted, it is essential for employers to provide clear and compassionate communication to the employee. The reasons for denying the leave request should be explained thoroughly, detailing why the specific circumstances do not meet the criteria for force majeure leave as outlined in the Parental Leave Act. In such cases, employers should also present alternative options to the employee, such as offering unpaid leave, annual leave, or compassionate leave. It is important, however, not to impose these alternatives as a mandatory substitute for force majeure leave but rather to suggest them as available options to support the employee during the emergency. This approach ensures that the employee feels supported and understands the reasoning behind the decision.

Seeking Legal and HR Guidance: Ensuring Compliance and Fairness

When faced with uncertainty regarding the application of force majeure leave, it is advisable for employers to consult with HR professionals or legal advisors to navigate the complexities of the Parental Leave Act. Reviewing relevant case precedents can also provide valuable insights into how similar situations have been handled in the past, aiding in making fair and consistent decisions. This proactive approach helps to ensure that the employer's response aligns with legal requirements and best practices, minimising the risk of disputes or non-compliance. By consulting experts and adhering to established precedents, employers can make informed, fair, and legally compliant decisions that respect both the needs of the employee and the obligations of the organisation.

Supporting Men in the Workplace on International Men’s Day

International Men’s Day is celebrated each year on November 19th and serves as a reminder of the importance of ensuring all employees are treated equally. Equality in the workplace is not just a legal requirement but also a vital component in fostering an inclusive and transparent work environment. While women face specific challenges in the workplace, there are also steps that employers can take to ensure that men receive the support they might need to cope with societal stereotypes and expectations.

Under the Employment Equality Acts 1998–2015, employers are prohibited from discriminating against employees based on nine protected grounds, including gender. While much of the focus in workplace equality has focused on gender discrimination against women, employers must also be mindful of ensuring fair treatment for men. Employment equality law applies across all aspects of employment—from recruitment and training to promotion opportunities and pay.

How Employment Equality Obligations Support Men in the Workplace

• Equal Pay for Equal Work: employers must ensure that men and women are paid equally for similar work or work of equal value. This is crucial in avoiding gender pay gaps, which can disadvantage both men and women, depending on the sector and job role.
• Non-Discriminatory Policies: employers are required to implement policies that promote equal opportunities and prevent discrimination, harassment, or victimisation based on gender. This includes providing a workplace free from gender-based stereotypes or bias, particularly in roles traditionally dominated by one gender.
• Parental and Paternity Rights: Irish employment law provides for paternity leave, parental leave and parent’s leave which fathers can avail of. employers should ensure men feel equally supported and encouraged to take advantage of these entitlements, promoting a culture where men are actively involved in family responsibilities without fear of stigma.
• Combatting Stereotypes: organisations may need to challenge societal stereotypes, ensuring that men are not discouraged from taking up job roles traditionally viewed as female-dominated (e.g., nursing or caregiving) or subjected to assumptions that undermine their contributions to work-life balance.
• Promotion of Mental Health: Men often face social pressures that discourage them from discussing mental health issues. Organisations should seek to develop an open and supportive environment where all employees, including men, feel comfortable addressing mental wellbeing. This inclusive approach recognises that gender equality extends to all employees.

International Men’s Day is a timely reminder for organisations to ensure compliance with employment equality laws and promote a gender-balanced workplace that supports fairness for all employees. By addressing issues that impact men, such as equal treatment, mental health, and rights to statutory leave, organisations can contribute to a truly inclusive and supportive work environment that recognises and appreciates the contribution men make to the workplace.

The Wheel Members Discount! – Workplace Investigation & Performance Management Training

In response to the many inquiries we've received, we're pleased to announce that we will be running two final training sessions of the year on Performance Management and Workplace Investigations Training.

Members of The Wheel will receive a special discount when using the code “THEWHEEL” which can be entered on the payment page.

1. Performance Management Training Workshop: Wednesday, 27 November 2024 10.00 am - 12.00 pm Online via Zoom 
    
2. Workplace Investigation Training Workshop: Thursday, 28 November 2024 10.00 am - 12.00 pm Online via Zoom
    

• €325 per person - 1 workshop (Standard Price €450) 
• €650 per person - 2 workshops (Standard Price €900)

Click through here for more information on Workplace Investigation and Performance Management Training. If you have any further or specific enquiries about either training workshop, please email marketing@adarehrm.ie