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1
Jul 21

Posted by
Jennifer Patton

Your GDPR Questions Have Been Answered!

GDPR/ the General Data Protection Regulation has been around since May 2018 but the stipulations surrounding GDPR can still be confusing at times which is why we decided to cover this topic as FAQ's but firstly to explain what GDPR is, it is the toughest privacy and security law in the world. Even though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. Under GDPR you have a fundamental right of access to your personal data from data controllers.

What is personal data?

Personal data is information that relates to you, or can identify you, either by itself or together with other available information. Personal data can include your name, address, contact details, an identification number, IP address, CCTV footage, access cards, audio-visual or audio recordings of you, and location data.

What personal data can employers lawfully process?
GDPR states that to be able to ‘Lawfully Process’ personal data you must be able to fall into at least 1 of the 6 processing classifications, the first one being Consent. Consent must be:

  • Specific, informed, unambiguous, and freely given – there must be evidence that clear affirmative action has been given.
  • Must be for a specified purpose
  • Where consent is obtained as part of a larger document covering other things, consent text must be clearly distinguished from everything else
  • Evidence needs to be retained as to how the consent was obtained. For example; forms, brochures signage, website screenshots.
  • Language must be accessible and easily understood.
  • Have a clear and seamless opt-Out process in place.
  • If you have mailing lists that you’ve used pre GDPR you will not be able to continue using them if you haven’t got specific approval or consent from the individuals.

Do we need to ask for consent from our employees to process their data?

No, as the reliance for processing and retaining their data will be down to lawful processing because of the employer’s legal obligation to deduct taxes etc. and also down to the contractual agreement in place to pay them and pay forward the taxes owed on their behalf. And also to the nature of the relationship between the employer and the employee, the status quo is in the employer’s favour so consent would not be unambiguous or freely given.

Is the emailing of pay slips permissible under GDPR?
There is nothing in the GDPR that states it is no longer permissible to email payslips, this practice is still very much acceptable. The thing to keep in mind in relation to emailing payslips is to ensure that all appropriate security measures are in place. The payslips that are emailed from BrightPay are encrypted and deleted from our servers once sent, however it may also be prudent of a processor of the payroll to password protect the payslips also. It will be the responsibility of the Data controllers (employers) to be vigilant that correct email addresses are inputted.

Do I need to provide my employees with training about GDPR?

It is advised that employers provide training to all individuals about their data protection responsibilities as part of the induction process. Additional training should be provided at regular intervals thereafter or whenever there is a substantial change in the law or The Company’s policy and procedures.

If data protection is breached, what are the consequences?

It is important that you comply with the GDPR legislation and put adequate policies and procedures in place. Your organisation can be inspected and could face significant penalties if your practices are in breach of GDPR. The GDPR allows the EU's Data Protection Authorities to issue fines of up to €20 million or 4% of annual global turnover (whichever is higher).

Bright Contracts contains a 'Data Protection' section of the Company Handbook which can be viewed under the 'Introduction' tab. Download a trial of our software to see a sample of this content.

 Related Articles:

 - How BrightPay Connect is helping with GDPR

Online Payslips: Their benefits and why you should use them

GDPR and Thesaurus Software

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employee Records, GDPR, General Data Protection Regulation

12
May 21

Posted by
Jennifer Patton

Time Saving With Bright Contracts

Contracts. . . they are the pain point of every HR professional when recruiting new employees, processing promotions, extending contracts etc. To non HR professionals it may seem like typing up contracts is quick and easy work but this could not be further from the truth. The following are just some of the pain points I’ve had when typing up contracts, read and tick off any that may apply to you too when creating contracts of employment:

  • Formatting Issues
  • Grammatical Errors
  • Mis-matched Fonts
  • Saving Error: Corrupted file error meaning I have lost my entire document
  • Time consuming reading complete contract to check for errors
  • Printing Errors: Prints off centre or like a jigsaw puzzle making it frustrating to read

Well, how many points did you tick off that were applicable to you? If you found yourself even ticking off two of the above then you need Bright Contracts in your life as this software eliminates every single one of them pain points and produces a consistent, formatted, clean and compliant contract and handbook for each of your employees.

Read the below quick fire Q&A to gain an insight into what bright Contracts is, how it works and how it can help you with your contract and handbook creation:


What is Bright Contracts?
Bright Contracts is a software package that has everything you need to create and manage a professional staff handbook and contracts of employment. What was once traditionally an expensive, complicated and time-consuming process is now quick, easy and affordable with Bright Contracts.

Why should I use it?
Without employee contracts in place, an employer is risking large settlements in the case of staff disputes, and fines in the case of regulatory inspections. Having contracts also clearly defines the contractual relationship between you and your employees. Bright Contracts is the easiest way to get sorted.

What legislation is the software based on?
Bright Contracts has been written taking into account employment legislation across England, Scotland, Wales and Northern Ireland. The main piece of legislation governing the content of Bright Contracts is The Employments Rights Act 1996 and The Employment Rights (Northern Ireland) Order 1996. The legislation specifies that employees must receive written terms and conditions of employment and what these terms and conditions are. In addition Bright Contracts has taken cognizance of current best practices as well as all relevant legislation in the creation of the content of the contract and handbook. Legislation also requires that employers are provided with details of procedures relating to dismissal, disciplinary and grievances, all of which are covered in our documentation.

How do we know this system complies with requirements and what if the law changes?
The system content has been compiled and tested by HR/Employment law experts. The system will be updated with any changes in legislation, changes brought about by case law or changes in best practice. These updates will be flagged to all current users and will be free to download.

How many people can access Bright Contracts?
When a licence is purchased it comes with two activations which means it can be activated on two separate computers. Once these activations have been used they cannot be deactivated and reactivated on another device.

Do I print off the handbooks and contracts?
The simple answer is yes however if you are trying to reduce your paper foot print then you can also have the handbook and contracts of employment as a pdf document which can then be e-mailed or, if you use our Bright Pay Connect product you can upload the documents to the employee’s connect profile.

You can avail of a free trial of the software or purchase a Bright Contracts licence to adapt these policies to your business today. If you are looking to adopt or change your HR Software book a free 15-minute online demo to see how Bright Contracts can change your world of HR.

Related Articles:

- Bright Contracts YouTube

Posted in Bright Contracts News, Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employment Contract, Employment Law, Staff Handbook

30
Mar 21

Posted by
Jennifer Patton

Bullying in the Workplace: What constitutes as bullying?

Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.

Examples of bullying behaviour includes but is not limited to the following:

  • Exclusion with negative consequences
  • Verbal abuse/insults
  • Being treated less favourably than colleagues in similar roles
  • Belittling a person’s opinion
  • Disseminating malicious rumours, gossip or innuendo
  • Socially excluding or isolating a person within the work sphere
  • Intrusion - pestering, spying or stalking
  • Intimidation/aggressive interactions
  • Excessive monitoring of work
  • Withholding information necessary for proper performance of a person's job
  • Repeatedly manipulating a person's job content and targets
  • Blaming a person for things beyond their control
  • Use of aggressive and obscene language

What is not considered workplace bullying?

An isolated incident of the behaviour described in the above definition may offend dignity at work, but, as a once off incident, is not considered to be bullying. Workplace bullying should meet the criteria of an on-going series of accumulation of seriously, negative, targeted behaviours against a person or persons to damage their esteem and standing in a harmful, continuous way.

Under the Code, the following examples set out behaviours that do not constitute as bullying:

  • Expressing differences of opinion strongly
  • Offering unwelcome constructive feedback, guidance, or advice about work-related behaviour
  • Ordinary performance management
  • Acceptable corrective action taken by an employer/ supervisor which relates to the management and direction of an employee (for example, an employer managing a worker’s performance, taking reasonable disciplinary action against the employee, or assigning the employee work)
  • Complaints relating to instructions issued by a manager, assignment of duties, terms and conditions of employment or other matters, which are appropriate for referral under other normal grievance procedures, do not constitute bullying.

How does bullying manifest in the workplace?

Workplace bullying ought to meet the criteria of a reoccurring cycle and accumulation of negative directed behaviours against a person or persons to damage their esteem and standing in a harmful, sustained way. A pattern and trend are involved so that a reasonable person would regard such behaviour as clearly wrong, undermining and humiliating. Bullying activities involve actions and behavioural patterns, directly or indirectly, spoken and/or written and could include the use of cyber or digital means for the goal of bullying.

The Bright Contracts Handbook has now been updated to reflect the bullying code of practice for employers and employees on the prevention and resolution of bullying in the workplace. To access the update, log out of your Bright Contracts company file and log back in, you will then see a yellow bar across the top of the page asking you if you would like to upgrade the content.

 If you are not a Bright Contracts customer but are looking to adopt or change your HR Software please don’t hesitate to get in touch. Book a free 15-minute online demo to see how Bright Contracts can change your world of HR.


Posted in Bright Contracts News, Bullying and Harassment, Company handbook

17
Sep 18

Posted by
Jennie Hussey

Data Protection complaints increase since introduction of GDPR

Nearly 4 months since the General data Protection Regulation (GDPR) was introduced across all of Europe, complaints around Data Protection have nearly doubled in the UK and are up by nearly 2 thirds in Ireland.


GDPR was designed to give Data Subjects more control over their personal data, with more transparency and the threat of larger fines to those in breach of the new rules. The GDPR requires any company that suffers a data breach to notify its users/data subjects within 72 hours of the breach being discovered.


• Ireland’s Data Protection Commission (DPC), head of communications - Graham Doyle has said that ‘there has been a significant increase in the volumes of both breaches and complaints to the DPC since May 25th.’ Since GDPR enforcement began the DPC has seen monthly data breach reports double, while data protection complaints increased by 65%.

• Data protection complaints to the UK’s Information Commissioners Office (ICO) rose to 4214 in July compared to just 2310 complaints received in May before the GDPR came into force. A spokes person for the ICO said the increase was expected, as more users became aware of data protection because of publicity around the new rules and following a series of high-profile data scandals involving big technology firms.


Experts note, however that the increase does not mean that the number of data breaches has suddenly gone up, but rather reflects the full scale of the data breach problem becoming better known.
Organisations that fail to comply with GDPR can face fines of up to 4% of annual global revenue or €20 million, whichever is greater. So far none of the EU’s Data Protection Agency’s has issued any fines. Graham Doyle at the DPC said ‘It is too soon to expect to see any fines levied against organizations that have violated GDPR – given its only 3 months after it went into full effect.’

 

We will be hosting a free online webinar - ‘GDPR 3 Months On’ on Thursday September 20th at 11am, where Graham Doyle will joining us as a guest speaker.


To register for this webinar please click here.

Posted in Company handbook, Employee Contracts, Employee Self Service, Employment Update, Events, GDPR, General Data Protection Regulation

24
Jul 18

Posted by
Jennie Hussey

Back to Basics - New Employees

We often get calls into the helpline requesting basic information on HR/Employment Law queries like how to deal with new starters or when should an employer invoke the disciplinary procedures, so we will look at some basic HR topics in a series of blogs starting today with new employees.


New Employees
• A new employee is required by law, under the Unfair Dismissal Act, to receive a copy of the company’s ‘Dismissal Procedures’, which are usually contained in the ‘Disciplinary/Grievance Procedures’ of the Staff or Company Handbook, within 28 days of starting work with the company.
• Under the Terms of Employment (Information) Act 1994 the employer is obliged to furnish new employees within 2 months of starting, with a ‘Written Statement of ‘certain’ terms and conditions’ of their employment, also known as an ‘Employment Contract’.
• The new GDPR regulations specify that employers must provide their employees with information about what personal data they hold on them, for what purpose and how it was collected, who it may be shared with, what security measures are in place to keep it safe and what the employee’s rights are as well as other specific requirements. This is called an ‘Employee Privacy Policy’ or ‘Employee Privacy Notice’ and should be given to the employee as an addendum to their Employment Contract.

Based on these 3 pieces of legislation it would be best practice to provide your new starter with their Employment Contract, Privacy Policy and Staff/Company Handbook on their first day of work, if not before it. An employer can be fined up to 4 weeks pay for not providing the employee with their ‘Written Statement of Terms and Conditions of Employment’ within the 2 month timeframe, so it is best to get into the habit of furnishing the documents as soon as possible.

There is no requirement for a signature from the employee on any of these documents; however it would be prudent of an employer to request a signature from the employee or at least some form of acknowledgement or proof of the employee receiving the documents.

The new Employment Bill 2017, yet to be introduced, stipulates that a new employee should receive some details of their terms of employment within 5 days of starting with a company but it is yet to be seen whether this aspect of the Bill will get the go ahead.

Bright Contracts offers employers a simple and user-friendly system which enables them to easily create and customize all of these documents and keep an electronic record on file. To download a Free Trial click here or book an online Demo of the Bright Contracts software.

 

Bright Contracts | Thesaurus Payroll Software | BrightPay Payroll Software

Posted in Company handbook, Contract of employment, Dismissals, Employee Contracts, Employee Handbook, Employee Records, Employment Contract, GDPR, Staff Handbook

13
Jun 18

Posted by
Jennie Hussey

Why am I getting all these emails about privacy?

Lately you may have noticed your inbox bulging each morning with lots of emails with similar subject lines to these;


“Your privacy = our priority”                   “GDPR Data Protection – Your Data is Safe with us”
“Big Changes are coming”                        “Opt-In to continue receiving our great updates”
“GDPR update – please don’t leave us!”  “We’re keeping your details safe”


New, tougher European regulations around privacy and the use of personal data have now come into force and could see companies hit with huge fines if found to be in breach of the new laws.
In order for personal data to be processed lawfully, the processor must be able to rely on the reasoning being at least one of 6 categories, the main one being Consent. So if you were previously signed up with a company to receive newsletters or emails about special offers, they can no longer continue to send you these without your explicit consent.
Previous Data Protection Legislation allowed for an option to ‘Opt-Out’ as being sufficient means to mark having your consent, however with the new GDPR this is no longer the case. Consent must be ‘freely given’ unambiguous’ and for a ‘specific purpose’. Consent must be easily read and clearly distinguishable from other text and evidence must be collected as to how consent was obtained.
Consent can no longer be assumed and the likes of pre-ticked boxes that would have needed to be unticked if you didn’t want to register are now banned. Also the facility to Unsubscribe must be clear and an easy procedure to follow.


So all the emails you have been receiving, like those listed above, are those companies that you may previously have signed up with, scrambling to cover themselves for GDPR and not wanting to lose you as a possible customer or sale.


For more information on GDPR and how it may affect your organization, please see our dedicated online support documentation here.

 

Bright Contracts | Thesaurus Payroll Software | BrightPay Payroll Software

Posted in Bright Contracts News, Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employment Contract

17
May 18

Posted by
Jennie Hussey

WRC Annual Report 2017 – The Facts and Figures

The Work Place Relations Commission have published their third annual report, outlining the key performance metrics relating to complaints filed and decisions made across the employment realms.

One of the bigger achievements made by the WRC is a dramatic reduction in the length of time it takes to get a case to resolution. When the WRC was established in October 2015 it could take a case up to 2 years to secure an outcome whereas now, once submissions are received, it is taking less than 6 months.

Other Key Facts

• €1.8 million was recovered in unpaid wages; up €300,000 on the previous year
• 4750 workplace inspections were carried out, either announced or unannounced with over 99,000 employees covered by these inspections
• 14,001 complaints were received by WRC relating to:

  • Pay – 27%
  • Unfair Dismissal - 14% 
  • Discrimination and Equality - 11% 
  • Terms and Conditions of Employment – 8%

• Over 52,000 calls were received on the WRC information hotline, with just under half of these relating to employment permit queries.
• There were 4,370 adjudication hearing’s; up 24% on 2016

It is now almost three years since the formation of the WRC, and from the above figures it is clear that they are well into their stride and making significant inroads in terms of their objective of promoting the improvement of workplace relations, encouraging compliance with relevant employment and equality legislation. As such it is imperative that employer’s have the proper records in place in case of an inspection.

Solution

Bright Contracts allows the user to create and customise contracts of employment and company handbooks, this covers part of your obligation as an employer under current Employment Legislation.

To book a free online demo of Bright Contracts click here.
To download your free trial of Bright Contracts click here.

Posted in Company handbook, Contract of employment, Discrimination, Dismissals, Employment Tribunals, Wages, Workplace Relations Commission, WRC

1
Feb 18

Posted by
Jennie Hussey

New Code of Practice on Longer Working

Case 1

Paul Quigley, a highly regarded GP in addiction services in the North Dublin HSE was recently granted an injunction by the High Court to stop the HSE from forcing him to retire. His lawyers are claiming the forced retirement amounts to age discrimination.

Case 2

A WRC adjudicator recently ruled that Susan Devereaux, who was forced to retire from her job, should be re-instated in her role with Pdforra, as the employer had failed to ‘objectively justify’ its reasons for dismissing her when she reached the age of 60.

Case 3

A Bookkeeper who was ‘retired’ by her employer on reaching the age of 66 has been awarded €12,000 in an age discrimination case she took against her employer.

These are just a few of the cases relating to forced retirement that has come up in the courts over the last few months. They have brought attention to the fact that these now ‘retired’ workers were sometimes unable to claim the State pension as they may not have reached the eligible age to do so. At the moment private sector workers in Ireland can start to receive the State pension at the age of 66, this will rise to 67 in 2021 and again to 68 in 2028.

The Workplace Relations Commission has now published a Code of Practice, Industrial Relations Act 1990 (Code of Practice on Longer Working)(Declaration) Order 2017. The Code can now be used to help employer’s when dealing with retirement and requests to work beyond the retirement age. Although not legally binding, any employer who does not follow the guidelines will need to be able to justify the reasoning behind it.

On publishing the new Code of Practice, the WRC has set out what should be taken into consideration when it comes to retirement in the workplace:

Utilising the skills, abilities and experience of older workers

  • Draw on benefits of older workers and utilize through training and knowledge sharing with younger members of staff.
  • Train all management about age diversity and the benefits of such diversity in the workplace

Objective Justification

  • If a mandatory retirement age is set within a company, the employer must be able to ‘objectively justify’ the reason for it, examples may include health and safety, intergenerational fairness.

Set out a step by step ‘Retirement Process’

  • Set timelines and give adequate notice prior to retirement date
  • Explore transitional arrangements like flexible working, alternative roles up to date of retirement.

Requests to work longer

  • Need to be seen to be taken into consideration
  • Procedures set in place for acceptance and refusal of requests to work after set retirement age.

As a whole we are all living longer so it seems only natural that we would also be allowed to work for longer? This new Code of Practice will be very important going forward for Irish Employment legislation and employer’s alike.

For more information please click here


To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook

23
Jan 18

Posted by
Laura Murphy

Is it discrimination to top up maternity pay but not paternity pay?

September 2016 saw the introduction of Paternity Leave, that for the first time ever allowed fathers/partners to take two weeks paid leave on the birth of a child / placement of a child for adoption. Paternity Leave is paid at the same rate as Maternity Pay, currently €235 per week*, leaving it up to employers to decide whether or not they wish to top-up pay during the two weeks leave. The question then arose that if by topping up maternity leave, would an employer by default have to top up paternity pay?

A recent Workplace Relations Commission (WRC) case involving a transport company, provides useful guidance on the answer to this question.

In this case a male employee brought a case under the Employment Equality Act claiming discrimination on the grounds of gender due to the fact that the employer topped up maternity pay but did not top up paternity pay.

However the WRC Adjudicator held in favour of the Company, stating that maternity leave is different to paternity leave and that “the special protection afforded to women in connection with pregnancy and maternity is embedded in European and Irish law”. The Adjudicator concluded that the employer was entitled to make special provisions for women at the time of maternity leave and was protected in that regard by the Employment Equality Acts.

Conclusion

This case gives the green light to employers who wish to offer a maternity top up but not offer the same for paternity leave. Whatever it is you decide on, employers are advised to have clear paternity and maternity leave policies in place that is accessible to all employees.

*The rate of maternity/paternity pay will increase to €240 per week from end of March 2018.

To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here

Posted in Company handbook, Contract of employment, Discrimination, Employee Contracts, Employee Handbook, Employment Tribunals, Workplace Relations Commission, WRC

16
Jan 18

Posted by
Jennie Hussey

€15k awarded in discrimination case to pregnant employee

The Labour Court found that the sacking of a manager from Wrights of Howth’s Crabby Jo’s restaurant was tainted with discrimination and have awarded compensation of €15,000.

Background

The employee was on a 6 month probationary period when she was fired just 3 months into her employment, very shortly after informing her bosses that she was pregnant.

No issues had been raised about the employee’s performance, however poor work performance was used as the reason for her dismissal on the 15th of June. The employee felt that the atmosphere had changed completely after she had announced her pregnancy on the 8th of May, she had requested a meeting to discuss her concerns she had over this. She was given no opportunity to make any representations or defend her position and was simply informed, without warning, that her employment was terminated.

In its ruling, the court found that no issues had previously been raised about the employee’s performance prior to her notifying them that she was pregnant and she had not been subject to any disciplinary warnings or action. The court originally awarded €30,000 for discrimination based on gender, however this decision was appealed and a lesser figure of €15,000 compensation was awarded due to the manner of the dismissal and the serious lacking in adherence to the restaurant’s own disciplinary procedures.

Learning points

It is important to recognise that disciplinary procedures must be followed at all times, regardless of how simple or difficult a situation may seem to be. It can end up being a very expensive mistake for an employer. Bright Contracts has comprehensive Disciplinary and Grievance procedures, customisable to companies requirements, built into the software.

Posted in Company handbook, Contract of employment, Discrimination, Dismissals, Employee Handbook, Employment Tribunals, Staff Handbook, Workplace Relations Commission, WRC

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