Employment Practices

Our ByrneWallace LLP Sustainability & ESG team advises public and private sector clients advice in relation to ESG matters such as employment equality, health and safety in the workplace, equal pay/gender pay gap reporting obligations, various family leaves and protected disclosures. Our specific experience in these areas includes: 

Employment Equality:

• Advising employers on their obligations arising from Employment Equality legislation including recruitment, reasonable accommodation and disability, discrimination based on all of the protected grounds including gender and family status.

• Advising employers on policies and training in relation to employment equality and workplace investigations.

• Advising employers regarding mandatory retirement ages.

• Designing and delivering training programmes to HR managers in relation to reasonable accommodation.

Protected Disclosures/Whistleblowing:

• Providing advice to clients on receipt of a protected disclosure, assessment of disclosure, the application of workplace processes, terms of reference, communicating with reporting person.

• Drafting and updating internal and external protected disclosures policies pursuant to amendments introduced by the Protected Disclosures (Amendment) Act 2022 and advising in relation to investigations under protected disclosure policies.

• Delivery of comprehensive training, including bespoke training, on protected disclosures to public and private sector clients, covering significant legislative changes effective since 1 January 2023 and the general protected disclosures landscape.

Remote & Flexible Working:

• Designing and delivering training programmes to employers on remote working.

• Advised employers on flexible work requests, the “right to disconnect” and hybrid working.

• Advising on all employment law aspects of remote working, including health and safety and equality issues.

Health & Safety:

• Advised public sector bodies relation to the provisions of the Safety, Health and Welfare at Work Act 2005 (as amended) in particular the obligation as employer to ensure as far as reasonably practicable a safe place of work.

• Regularly advising on a wide range of issues related to employee health and safety including the management of employee sickness/sick leave together with internal procedures to investigate alleged threats to employee health or safety.

• Supported and guided employers dealing with matters related to the Safety, Health and Welfare at Work Acts 2005 to 2014, advising on employers’ obligations and addressing penalisation claims.

• Advised on employers’ obligations under the Safety, Health and Welfare at Work Act 2005 in respect of third parties such as contractors visiting or attending other sites.

Gender Pay Gap:

• Advising employers in relation to the provisions of and compliance with gender pay gap legislation and equal pay.

• Advising employers in relation to their obligations regarding pay transparency and enhanced reporting obligations in advance of the EU Directive on Pay Transparency being ratified into Irish law.

Family Related Leaves:

• Assisted employers in navigating the legislation addressing protective leave, advising on all maternity protection matters and the recent amendments to parental leave legislation.

• Advising various employers on family leave related employment policies, including maternity leave, paternity leave, parent’s leave and parental leave policies. This includes amending existing policies and drafting new policies.

• Drafted and advised on policies relating to domestic violence leave further to its introduction by the Work Life Balance and Miscellaneous Provisions Act 2023.
  

Dignity at Work:

• Designing and delivering bespoke training on dignity at work issues including dignity at work investigations to public sector clients.

• Advising and supporting employers and employees through bullying, harassment and sexual harassment and alleged victimisation complaints and investigations.

• Drafting and updating dignity at work policies and procedures for private and public sector clients.

Pensions:

• Advising scheme trustees on their pensions investment duties and compliance with ESG regulations including ESG, SRD II and SFDR.

• Drafting and advising on ESG matters in the context of statements of investment governance, statements of investment policy principles and other policies mandated by IORP II, the Pensions Act and the Pensions Authority.

• Advising scheme trustees on mandatory SFDR-related disclosures in scheme documentation including trustee annual reports and accounts, remuneration policies, member explanatory booklets and member communications, and member investment guides and investment choice forms.