Hybrid Working: Know The Basics
The coronavirus (COVID-19) crisis has completely shifted the way we work and live. Companies have had to quickly adopt new initiatives and technologies to ensure employee safety whilst maintaining productivity. Working from home has now become the normality for many of us and adapting to these new ways of working is essential for business continuity which is why we have approached this blog post as a FAQ of hybrid working.
- What is hybrid working?
Hybrid working, also referred to as blended working, is where employees divide their time between working from home and attending the workplace. For example, the arrangement possibly will involve an employee working from home two or three days a week and attending the workplace on the remaining days.
Alternatively, hybrid-working could involve building increased flexibility into the employee's working location so that each day they choose where they work, sometimes going in to a workplace and sometimes working remotely depending on their circumstances and the needs of the business.
- Is there a standard hybrid working model?
There is no standard one-size fits all hybrid working model. What is going to work best for your organisation will depend on the nature of your business and your needs as an employer. There are a few potential variations to hybrid working to consider. For example, you need to consider whether you are going to require employees to attend a specific workplace location on a set number of days per week, or whether your business allows it’s employees to be more flexible and adopt a "work wherever is best for you to do your job" model.
There is also the matter of whether you are going to require everyone to move to hybrid working or whether it will simply be an option for employees who want to work this way with workspaces available for those who need them. In addition, you may decide that hybrid working is suitable only for particular roles within your organisation.
- What positions are eligible for a Hybrid Work Arrangement?
Deciding on which positions are eligible for remote working are based on operational and business needs and must be made without bias or favoritism to ensure a fair process. Department leaders should first consider the departments objectives, working hours and consider each staff member’s duties to determine if that position can be done effectively with a Hybrid Work Arrangement. Not all positions and staff will be eligible for hybrid working.
- Who has the authority to approve Hybrid Work Arrangements?
Hybrid Work Arrangements are agreed at the discretion of the organisation and the employee’s direct supervisor/manager. Supervisors/managers have the authority to approve Hybrid Work Arrangements after consulting with their Department Head.
- Under what criteria can a Hybrid Work Arrangement request be denied?
The denial of a hybrid working request should be based on legitimate business rationale such as operational need/changes, staffing need/changes, or documented performance issues.
- What if someone disagrees about their position’s eligibility for or denial of remote work?
If a request is denied, or an employee does not agree with the terms of their Hybrid Work Arrangement, managers should attempt to resolve the matter informally with the employee. If needed, managers should consult with their supervisor or division leader in addition to Human Resources. If an informal resolution cannot be reached, managers should inform the employee in writing that the employee may be able to file a complaint in accordance with the employee’s applicable complaint process detailed in the company handbook.
Coming Soon: Bright Contracts will be updating the software shortly to include a Hybrid Working policy as well as other useful documentation, announcements will be made once these become available.
To ensure you have access to the complete hybrid working content ensure you have purchased a Bright Contracts licence.
Let's Get Topical - The Vaccine Policy
The Vaccine. . . a major topical area and again one that information about is changing by the day. Instead of overloading you with paragraph upon paragraph of text, we thought we’d approach this section as a Q&A which covers all questions you may have about the vaccine policy.
The first question is - Can you insist that an employee be tested?
In the absence of a legal requirement for employees to take a test, no individual can lawfully be forced to take one, as such an action could be considered assault given the physical element of taking a test.
Employees who have no symptoms should only be asked to take a test on a voluntary basis. Employees who have no symptoms and are not a close contact of a confirmed COVID-19 case may query the legal basis of being required to take a covid test before entering the workplace. In this scenario, the purpose of the test should be explained to the employee and if the employee continues to refuse the test, employers need to tread very carefully to avoid employee relations issues.
Moving onto question 2 - Can you ask an employee if they have been vaccinated?
While employees are not obliged to provide personal medical information, employers may seek vaccination information on the foundation that they are meeting their legal obligations under the Safety, Health and Welfare at Work Acts. It will be up to the employee if they wish to volunteer this information to their employer. If they choose to volunteer this information, then employers should not disclose this information to other employees. As medical data is considered as a Special Category of Personal data, additional data protection regulation apply and must considered.
Lastly, question 3 - Can you insist that an employee be vaccinated?
Currently vaccinations are recommended by Irish authorities, but not compulsory for any Irish citizen. Even with the role out of the Covid vaccination amongst medical workers who are employees of the HSE, for these employees the vaccine was not mandatory. With this in mind, it is likely to be very difficult for an employer to argue and defend a case that vaccination is compulsory in a workplace. There is little an employer can do if their employee refuses to get the vaccine however, understanding their concerns is important and finding solutions that meet the business needs without infringing on their rights is crucial in managing their integration into the workplace. Employers need to think carefully about any action they take and consider the potential legal consequences associated with these actions.
If you are an employer, now you are most likely thinking, 'What can I do about the vaccine and my workplace?'. The answer is simple, employees cannot be forced to avail of the vaccine however it is vitally important that employers promote that their employees take a vaccine. The best way to take a proactive stance here is to roll out a vaccine policy. We would advise doing this now to help prepare employees. In creating a vaccine policy you’ll want to consider :
1. Providing your workforce with a list of resources where they can obtain further information about the vaccination programme, for example, gov.ie, HSE.ie.
2. Your policy must recognise that the decision to avail of the vaccine is the individual's choice however the employer encourages their workforce to make an informed decision through:
Reading information about COVID-19 vaccinations via official sources;
Listening to the information the HSE provides when offering a vaccine; and
Being cautious of misinformation around COVID-19 vaccinations by unreliable sources.
3. Detail whether your employee's will be paid or un-paid for the leave to attend their appointment.
4. If an employee feels unwell after their vaccination they will be instructed to follow The Company's sick leave policy.
Lastly, we would recommend :
5. That employers include a section in the vaccine policy about employee's respecting others privacy and not having open discussions about the vaccine with colleagues.
Bright Contracts has recently been updated to include a vaccine policy which covers these consideration points for our customers to include in their employee handbooks, which can be found under the terms and conditions tab.
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Supporting Female Employees: Implementing a Menopause Policy
2021 has been a year of big change for everyone and has given rise to many different topics of conversation, a vitally important topic is that of menopause among the female workforces. A media outlet which we believe captures the importance of the conversation around menopause perfectly is The Irish Times who published an article in May 2021 about menopause and the article made reference to how ‘The menopause is where mental health was 10 years ago’. A statement which could not be more true. The origin of this article stemmed from women’s testimonies on Joe Duffy’s Liveline programme and has continued across all media since including being taken up in the Seanad by Senator Pauline O’Reilly. These discussions have brought to the surface the realisation that menopause is considered a taboo subject, like mental health was and like mental health we are not educated enough in what menopause is, the symptoms of it and how we can help those going through menopause which is why it is so important for employers to educate their workforce and to recognise the importance of supporting women in the workplace who are transitioning through menopause which is why we believe it is vitally important for organisations to implement a menopause policy as we believe it needs to be acknowledged and recognised as an important occupational issue requiring supports to be made available.
To ensure that companies show a positive attitude towards the menopause, we want to encourage employers to create an atmosphere where women feel there are colleagues with whom they can comfortably discuss menopausal symptoms and that they can ask for support and adjustments in order to work safely and without fear of negative repercussions. For this reason, the menopause is an issue for men as well as women. So let’s touch on the basics of menopause by answering the simple question, ‘What is menopause?’ Menopause is a natural stage of life when a woman’s estrogen levels decline and she stops having periods. As menopausal symptoms are typically experienced for several years, it is best described as a ‘transition’ rather than a one-off event. The menopause typically happens between age 45 and 55. The ‘perimenopause’ is the phase leading up to the menopause, when a woman’s hormone balance starts to change. For some women this can start as early as their twenties or as late as their late forties.
There are various symptoms that can be experienced through menopause and can be both physical and/or psychological. They can include: hot flushes, insomnia, headaches, fatigue, memory lapses, anxiety, depression and heart palpitations and each of these symptoms can affect an employee’s comfort and performance at work which is why we developed our menopause policy to ensure you are assisting your female employees in their daily duties. In order to assist those experiencing these symptoms in their daily duties, it is important that your company menopause policy explores making reasonable accommodations to the individuals role or working environment with the aim of reducing the effect that the menopause is having on the individual which is explored in our new menopause policy available on Bright Contracts today! We are committed to ensuring appropriate support and assistance is provided to female employees and that exclusionary or discriminatory practices will not be tolerated. Our menopause policy is fully compliant with the Safety, Health and Welfare at Work Act 2005 as well as the Employment Equality Acts 1998 – 2015.
Check out your Bright Contracts today to view the update, or if you would like to become a Bright Contracts user you can download the software and purchase a licence today.
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.
The Home Stretch: The Final Key Steps in a Safe Employee Return
Following on from our previous blog post 'As Easy As 1,2,3: Key Elements of Safe Return to The Workplace', this blog post covers the next essential steps in your Return to Work Safely Protocol.
4. Complete Pre-Return to Work Forms
5.Provide COVID-19 induction training for all staff
6.Keeping a log of contact/group work to facilitate contact tracing
7.Review other Company Policies
4. Complete Pre-Return to Work Forms
With this step, a pre-return to work form must be completed by employees at least 3 days before their return to work. The form allows employees to self-certify that they do not have Covid-19 symptoms or have not been in close contact with any confirmed or suspected cases over the last 14 days.
You can get a return to work form template directly from the HSA website.
In communicating with employees upon their return to work it would also be advisable to establish whether or not they might be considered as a vulnerable worker. There is a HSE webpage that sets out who high risk groups are, you might consider sending this to employees and asking them to notify you if they fall into any of the categories. If they do fall into a vulnerable category you do have a duty of care to take extra precautions to protect that individual.
5.Provide COVID-19 induction training for all staff
Once staff return to work they should be given Covid-19 induction training. This will include up-to-date public health guidance. Similar to the Lead Representative training, the HSA have an online Covid induction training. Employees can complete the training on their phone, it takes 20 minutes and once completed employees will receive a certificate which you can place on file as a record that the training has been completed. In addition to the HSA training, it would just be recommended that you recap with employees on the specific changes that have been made in your workplace.
6.Keeping a log of contact/group work to facilitate contact tracing
Next is keeping a log of close contact/group work. The purpose of this being to facilitate contact tracing should it be required.
7.Review other Company Policies
And finally, when you’ve done all of the above you may want to look at reviewing and updating some of your existing policies. Previously you may have updated your Sick Leave Policy to reflect Covid-19 illnesses, you now might also want to consider putting in place a Working from Home policy if that is the norm in your company. And we have those updated policies available in Bright Contracts.
As previously mentioned, The HSA are applying renewed energy into workplace compliance so it is important the employers recheck and re-evaluate where they are. Have things become complacent? Are your policies up-to-date? Do you need to remind staff?
Hopefully if you put many of the steps in place last summer, it shouldn’t take you too long to review. But if you are looking for assistance Bright Contracts can certainly help.
For those of you who are using our Bright Contracts package, Bright Contracts has been updated with a template Covid-19 response plan which can be found in the 'Optional Sections' tab of the software. It covers everything referenced just now and more.
The policy has been written closely following HSA guidelines and checklists. We would certainly advise that you review the policy and adapt it to include what is relevant in your organisation, but it is a fantastic blue print to ensure you are addressing all the points you need to.
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- Our Employees Are Back! – How Do I Return My Employees Safely?
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.
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Changes under the Family Leave and Miscellaneous Provisions Act 2021
Following on from the signatory into law by the President on the 27th of March, new provisions under the Family Leave and Miscellaneous Provisions Act 2021 were passed and as a result of these changes working parents are now entitled to additional time off under Parent’s Leave and adoptive couples can choose which parent can avail of Adoptive Leave.
What do these changes mean for employees?
Parent’s Leave
Paid parent’s Leave was initially introduced through the enactment of the Parent's Leave and Benefit Act 2019 and provided that 'relevant parents' of a child, born or adopted on or after 1st November 2019, were entitled to two weeks' paid leave, subject to eligibility, at a rate of €245 per week by the Department of Social Protection. A parent of a child born on or after 1st November 2019, a spouse, civil partner or cohabitant of the child’s parent, a parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015, an adopting parent or parents of a child or the spouse, civil partner or cohabitant of the adopting parent of the child. If the parent has already taken their two-week entitlement, then they can take a further three weeks in 2021 (subject to the two year limit).
Prior to this change, the parent availing of the leave had to take their Parent’s Leave entitlement within 52 weeks of their child’s birth or, placement with their adoptive family. Following the enactment of the Family Leave and Miscellaneous Provisions Act 2021, as of April 1st 2021, parents are now entitled to five weeks leave under Parent’s Leave, which is an additional three weeks on the previous entitlement. The Act extends the period in which the leave can be taken, the leave can now be taken within the first two years after the birth or adoptive placement of a child. The purpose of this extension is to allow parents the opportunity to spend more time with their children during the first two years of their child’s life. Employers are not obliged to pay parents availing of Parent’s Leave; however, they can top-up the Parent’s Benefit if they wish.
Adoptive Leave
Under the Adoptive Leave Acts 1995 and 2005, an adopting mother or sole male adoptive parent, in employment, is entitled to 24 weeks of adoptive leave from work which begins on the day of the child’s placement. Under the Act, the adoptive parent can apply for an adoptive benefit payment from the Department of Social Protection. The enactment of the Family Leave and Miscellaneous Provisions Act 2021 amends the Adoptive Leave Acts to enable adoptive couples to choose which parent may avail of adoptive leave therefore removing the assumption that the adopting mother is the primary caregiver.
As part of this entitlement, an additional 16 weeks leave is available to the adoptive parent but is not covered for state benefit. While employers are not obliged to pay employees who are on Adoptive Leave more favourable arrangements can be put in place.
What does this mean for employers?
There are now several options available to parents for leave which include the above, such as maternity leave, paternity leave and parental leave. Employees are fully covered by employment legislation while availing of any of these leave options and are therefore subject to the same protections and cannot be penalised in any way. Employers should review their contracts of employment and the appropriate policies and procedures to ensure that the recent changes have been applied and communicated to all employees at the earliest opportunity.
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Out of Hours Communication: The Right to Disconnect
In line with government health guidance and roadmap for the re-opening of business activities, Employers and Employees alike moved quickly to flexible working arrangements for over the past year. While some Companies have remained in a remote working space, others are introducing a hybrid form of remote and office working.
Since the outbreak of the COVID-19 pandemic, working from home has increased by almost 30% which is expected to remain high or even rise. Research by Eurofound, an agency of the European Union, indicates that people who work from home on a regular basis are more than twice as likely to exceed the maximum of 48 working hours per week, compared to those working in the office. Almost 30% of those working from home reported they work in their free time every day or a number of times a week, compared to less than 5% of office workers.
With the prospect of remote working becoming more normalised, Employers must ensure safety, health and well-being are a priority as a company’s legal duty of care still applies when Employees are working from home. Employers need to be mindful of the employee’s right to disconnect as remote working has the potential to distort the boundaries between work and home spatially.
In August 2019, the Government announced their intention to introduce legislation which would ensure Employees have the right to disconnect and no longer feel the obligation to check work-related emails outside office hours. A Code of Practice on the ‘Right to Disconnect’ has been proposed before the Dáil which if passed will amend some statutory provisions of the Organisation of Working Time Act 1997, the Terms of Employment (Information) Act 1994 and application of the Safety, Health and Welfare at Work Act, 2005.
Organisation of Working Time (Amendment) (Right to Disconnect) Bill 2020
Section 15 of the Organisation of Working Time Act, 1997 is amended through the provision of:
- the right to disconnect from work related e-mails, texts or calls outside of working hours.
- implementation of a right to disconnect policy establishing hours to disconnect
- the production of a report on the right to disconnect detailing ways to:
- minimise out of hours contact.
- establish a standby allowance.
- deliver an overtime payment.
- ensure all working time does not exceed 48 hours.
This amendment to the Act will make it an offence for an employee to be reprimanded, punished, or subjected to disciplinary action if they ignore a work-related communication sent outside of normal working hours, unless already agreed under the terms and conditions of a relevant right to disconnect policy.
The responsibility for Health and Safety at work rests with the employer regardless of whether an employee works remotely therefore it is good practice to ensure employees know how to protect themselves from potential injury and ill health during this time and that they understand their health and safety obligations whilst working remotely.
On April 1st 2021, Tánaiste and Minister for Enterprise and Employment Leo Varadkar signed the new code of practice on the right to disconnect meaning the code comes into effect immediately and will be admissible in evidence in proceedings before a court.
The Code states that the Right to Disconnect Policy should be referenced in an employee’s contract of employment in the same way as any other company policy would. The Code also states that, where appropriate, a company’s Policy should recognise that certain businesses and roles do not always operate on a standard hours basis but in a manner responsive to customer needs where flexibility is required to meet business needs, and as agreed in the employee’s terms of employment. Employers with operations in multiple time zones may consider putting agile working arrangements on a more formalised footing with a view to ensuring balance between the need for clarity in relation to employees’ ‘normal working hours’, and the employer’s operational needs.
It will be important for employers to ensure that the policy is ‘equality proofed’ in order to avoid unintended negative consequences and to ensure that it does not result in employees being directly or indirectly discriminated against on any of the protected grounds under the Employment Equality Acts 1998 - 2015.
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