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11
Jul 22

Posted by
Saoirse Moloney

Managing Annual Leave & Public Holidays

These topics create some confusion amongst employers, this blog post will hopefully line out any confusion that employers may have.

What is a public holiday?

A public holiday is nationally recognised day when most businesses and other institutions are closed. They usually occur on a special day or event. For example, St Patrick's Day and Christmas Day.
In 2022 we were introduced to a new once off public holiday that will take place on Friday, 18th of March. From 2023 there will be a new annual public holiday in February to celebrate St Brigid’s Day, it will happen on the first Monday in February.

When are the public holidays?

• New Year’s Day
• First Monday in February, or 1st of February if the date falls on a Friday (2023 onwards)
• Saint Patrick’s Day
• Once off public holiday (18th March 2022 only)
• Easter Monday
• First Monday in May
• First Monday in June
• First Monday in August
• Last Monday in October
• Christmas Day
• St Stephens Day

What are employees entitled to?

Most employees are entitled to a day paid leave on public holidays. There is an exception for certain part-time employees.

If you qualify for public holiday benefit, you are entitled to:
• A paid day off on the public holiday
• An additional day of annual leave
• An additional day’s pay
• A paid day off within a month of the public holiday

Part time employees are entitled to a day’s pay for the public holiday if they meet the following requirements:
• You have worked for your employer at least 40 hours in the 5 weeks before the public holiday
• The public holiday falls on the day you normally work

If you are required to work on the day the public holiday falls you are entitled to an additional day’s pay. If you do not work on the day, you should get one fifth of your weekly pay.

Annual Leave

We all know that employers are obliged to provide paid annual leave under the Organisation of Working Time Act, 1997. This act applies to all employees working under a contract of employment.

The amount of holidays an employee receives is calculated by the amount of work the employee does in the leave year.

If an employee works 1365 hours in a leave year they will be entitled to 4 normal working weeks of annual leave.

To calculate annual leave for employees who have worked less than 1365 hours in the annual leave year, they receive one-third of a week for each month that 117 hours are worked or 8% of the hours worked up to a maximum of 4 working weeks.

Accrual of Annual Leave

Employees will begin to accrue annual leave from the first date of employment.

Accrued from hours:

  • Physically and notionally worked
  • All time on certified sick leave
  • Time worked on public holidays
  • Annual leave itself

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Posted in Company Handbook, Contract of employment, Employee Handbook, Pay/Wage, Staff Handbook, Wages

28
Mar 22

Posted by
Saoirse Moloney

What You Need to Know About Staff Handbooks

The most essential document governing the employment relationship is the contract of employment. If you don’t want your employment contract to be too long and untidy you should be referring to your staff handbook when talking about grievances, discipline, dignity at work, anti-bullying, and other workplace policies.

Staff handbooks should be easy to read, and a copy should be easily available to all employees. New employees must read the handbook and indicate that they have done so by giving their signature. It is important to review and amend the policies regularly to ensure any changes in the law or best practices are reflected.

Most important policies and procedures in the workplace

In Ireland, the most important policies, and procedures to have in place are those covering

  1. Grievances
  2. Discipline
  3. Dignity at work (anti-harassment, anti-bullying, and equal opportunity)
  4. Health and Safety

Other topics that should be considered are, sick leave, holiday leave & pay, hours of work, internet and email usage, dress code, expenses procedure retirement and pension benefits etc.

Bright Contracts

With Bright Contracts, we provide ready-made handbooks that fully conforms to the latest employment law guidelines. The software allows you to add additional sections to handbooks, edit, delete or reorganise the built-in- content and you can easily add your own. You can preview your handbook at any time while you build it and print or export it when it is ready. It’s great as you need no employment law knowledge, we do all the hard work.

 

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Introducing Contracts & Handbooks to Existing Staff

 

 

Posted in Company Handbook, Employee Handbook, Employment Law, Health & Safety, Staff Handbook

31
Jan 22

Posted by
Saoirse Moloney

Update: Steps to Reduce the Spread of Covid-19 in the Workplace

On the 21st of January the Government announced the easing of restrictive measures. The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 reflects the lessons that we have learned over the past two years. This guidance is a general document applicable to all sectors. All businesses and sectors who have specific guidance should review and update their own guidance in line with the advice contained in the document.

While the public health advice has changed, employers need to remember that several steps still need to be implemented by employers and employees to prevent the spread of Covid-19.

1. Keep a COVID-19 Response Plan in Place

Employers and their representatives should continue to maintain or take the following steps:
• Update their COVID-19 Response Plan according to the most recent public health advice.
• facilitate the ongoing appointment and engagement of the Lead Worker Representative
• Review and update their occupational health and safety (OSH) risk assessments and safety statement as workers return to the physical workplaces and as changes to the workplaces take place.
• Maintain measures to deal with a suspected case of COVID-19 in the workplace
• Maintain any specific measures or response for dealing with an outbreak of Covid-19

2. Maintain policies and procedures for prompt identification and isolation of workers who may have symptoms of COVID-19

How you manage and isolate potential infectious individuals remains a crucial step in protecting the worker involved, their colleagues and others at the workplace. While the need to maintain a contact log with details of workers and visitors to a workplace has been removed, employers may need to provide attendance information as appropriate in the event the local Department of Public Health has to investigate an outbreak.

Employers should continue to:

• Advise that workers do not come to work if they are displaying signs or symptoms of COVID-19 or if they have had a positive test,
• Provide instructions for workers to follow if they develop signs and symptoms of COVID-19 during work,
• Display information on signs and symptoms of COVID-19

Workers should also continue to:

• Keep themselves up to date with the signs and symptoms of COVID-19,
• Do not attend work if they are displaying signs and symptoms of COVID-19 or have symptoms
• Follow public health advise regarding self-isolation, restricting movement, testing and what to do if identified as a close contact
• Report to managers immediately if any symptoms develop during work
• Comply with any public health personnel and their employer for contract tracing purposes and follow any public health advise given in the event of a case or outbreak in their workplace.

3. Maintaining COVID-19 Infection Prevention and Control (IPC) Measures

Hand Hygiene

Employers should continue to:
• ensure that appropriate hygiene facilities and materials are in place to accommodate
workers adhering to hand hygiene measures,
• make available advice on how to perform hand hygiene effectively,
• display posters on how to wash hands in appropriate locations throughout the
workplace,
• provide hand sanitisers (alcohol or non-alcohol based) where washing facilities cannot
be accessed. In choosing an alcohol-based sanitiser, a minimum of 60% alcohol is
required.
• provide facilities for frequent hand hygiene for outdoor work, which should be located
close to where workers are working. Outdoor toilet facilities, if reasonably practicable,
should also be considered.

Workers should continue to:
• Follow hand hygiene guidance and advise
• Wash their hands with soap and water or with hand sanitiser for at least 20 seconds.

Respiratory Hygiene

Employers should continue to:

• provide tissues as well as bins/bags for their disposal,
• empty bins at regular intervals, and
• provide advice on good respiratory practice including the safe use, storage and
disposal of face masks/coverings and the safe cleaning of face coverings.

Workers should continue to:

• adopt good respiratory hygiene and cough etiquette, and
• follow good practice on the safe use, storage, disposal, and cleaning of face
masks/coverings. 

Physical Distancing

Employers may choose to maintain some of the practices that were in place based on the Work Safely Protocol for the period of transition back to office work. Especially in meetings, events, or training with a continued focus on hand and respiratory etiquette and adequate ventilation are all measures that may continue. 
There is a legal requirement to wear a facemask in specific settings (e.g., healthcare, public transport, taxis, public offices, retail premises etc.) Outside of these settings it is still good practice to continue to use face masks particularly in crowded areas. Employers should continue to support and facilitate the use of face masks b workers who wish to continue wearing them.

Bright Contracts will be updating it's COVID-19 response plan as soon a possible with the updated transitional protocol providing further guidance in relation to office working. Once updated this will be communicated across social media so keep your eyes peeled.

 

Read more at www.gov.ie >

Posted in Coronavirus, Health & Safety, Staff Handbook

21
Sep 21

Posted by
Jennifer Patton

The Essential Elements of a Hybrid Working Policy

Following on from our previous post 'Your Must Have Hybrid-Working Checklist' having hybrid working policies and agreements in place is essential when returning employees to the office and agreeing a split between working form home and in the office. We see the important elements of a hybrid working policy to be the following:

1. Detail the split between attending work and working remotely

Your hybrid working policy should detail the split between attending work and working remotely and state what number of days an employee will spend attending the workplace and working remotely. The number of days will depend on but is not limited to some of the following;

  • the nature of the employees role 
  • what is happening within their role and team at any particular time 
  • individual circumstances 
  • the needs of the business, including space available at the businesses work locations

2. Working Hours
The working hours the employee must work in the office and at home must be stated, for example: For days on which the employee is attending the office, their normal hours of work are set out in their contract of employment.

Ensure you also detail that while working remotely, they must be available and working during their normal hours of work, as set out in their contract of employment while also listing the break and lunch times and being clear that they must avoid overworking, down time from work is essential.

3. Safe-Working While Working Remotely
Detail the procedure your employees must follow should they have any health & safety concerns while working at home, for example; if any work-related accidents occur in your home.

4. Remote Working Procedures
This section of the policy is where you will detail:

  • Sickness Absence
  • Compliance with Policies
  • Technology & Equipment
  • and a reference to data protection

Bright Contracts have recently updated the software to include a hybrid working policy which can be found under the 'Terms & Conditions' section of the handbook. If you'd like to preview this content prior to consider purchasing a licence you can do so here.

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Your Must Have Hybrid-Working Checklist

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Posted in Contract of employment, Coronavirus, Employment Contract, Hybrid Working, Software Upgrade, Staff Handbook

16
Sep 21

Posted by
Jennifer Patton

Your Must Have Hybrid-Working Checklist

The coronavirus pandemic has completely changed how we live, not just in our personal lives but the way we work too. With hybrid-working becoming a dominant feature in the workplace for everyone businesses are now faced with developing a hybrid policy, creating agreements with their employees and ensuring the success of these arrangements. We believe that preparation is essential for employers when implementing hybrid working which is why we have developed a checklist for employers which can be followed when looking an the implementation of a hybrid model:

Step 1: Look at what works best for your organisation

Step 2: Communicate your intentions

Step 3: Written agreements

Step 4: Implement your hybrid policy

and 5: Refer back to your covid-19 response plan

  • Step 1: Hybrid working can bring huge benefits in terms of productivity, flexibility and employee wellbeing – but it’s not the best option for everyone.Think carefully about what your organisation has learned during the pandemic and how your people feel about it. What have been the benefits of working at home and the disadvantages of not being together in the workplace? If hybrid working does appeal, think about what would be the best blend – more home working or more time in the office. Ensure you also look at your HSA health & safety checklists for office and home working. The HSA has these checklists available on the HSA website.
  • Step 2: Once you’ve worked out what could work best for your business, make sure you communicate your plans to your employees. Do this well in advance of any change so employees have a chance to feed back their views. 
  • Step 3: You must ensure you have written agreements in place with your employees which communicates what is expected of them in order to avoid any confusion and any possible future disputes. Bright Contracts have template hybrid working letters available on the Bright Contracts website which can be downloaded here and edited to suit your businesses hybrid model arrangements.
  • Step 4: Once written agreements are in place next you need to implement a hybrid working policy within your organisation which we have just made available on our Bright Contracts Software. We hope this provides organisational leaders and business owners a simple but effective framework to make hybrid working a successful reality. With government guidelines on safe working constantly changing in response to the pandemic, hybrid working policies need to be reviewed much more regularly than most other policies

See our follow up blog post 'The Essential Elements of a Hybrid Working Policy' to read what your hybrid policy should detail.

Bright Contracts has a hybrid working policy available in the software which is available under the 'Terms & Conditions' tab. If you'd like to see a sample of this content you can do so by downloading the software and availing of a free trial. we have also recently upgraded our software to include hybrid working in the employment contracts which can be viewed in the contract section fo the handbook under the heading 'Places of Work'.

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Posted in Contract of employment, Hybrid Working, Software Upgrade, Staff Handbook

11
Jun 21

Posted by
Jennifer Patton

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.

Posted in Bright Contracts News, Customer Update, Employee Handbook, Employment Law, Health & Safety, Software Upgrade, Staff Handbook

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.

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

18
Mar 21

Posted by
Jennifer Patton

The Parent's Leave & Benefit Act 2019: Extension of Leave

The Parent’s Leave and Benefit Act 2019 came into effect on the 1st of November 2019 and provides for 2 weeks Parent’s Leave with protection of employment for a relevant parent in respect of a child born or adopted on or after the 1st of November 2019. The purpose of the Act is to enable the relevant parent to provide, or assist in the provision of, care to the child.


In acknowledgement of the difficulties experienced by parents during the COVID-19 pandemic, the Cabinet has announced that parents of children born or adopted from the 1st of November 2019 can avail of an additional three weeks of Parent's leave from April 2021 and will be paid at the rate of €245 a week. The benefit is now for five week’s paid leave for each parent up to their child's 2nd birthday which can be taken as either five consecutive weeks or in smaller separate block of a minimum of 1 week duration each.

 

Currently the Parent’s Leave and Benefit Act 2019 sets out the entitlements and criteria applicable to Parent’s Leave available to the relevant parent. Eligibility for Parent’s Leave depends on the employee meeting specific criteria including the following,

  • The employee’s status as a relevant parent,
  • The employee taking the leave within 52 weeks of the birth of the child or in the case of adoption, from the placement date, and,
  • The employee providing certain notice requirements.

Entitlement to leave is for a relevant parent which is:

  • A parent of the child
  • A spouse, civil partner or cohabitant of the parent of the child
  • A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
  • The adopting parent or parents of a child
  • The spouse or civil partner of the adopting parent of the child (if the parents have not adopted the child together).

Parent’s Benefit can be applied for at any time to be taken within the first 2 years the child’s life and does not need to be taken directly after maternity leave, paid or unpaid. This leave can be taken within 24 months, up to a child's second birthday or within two years following adoption. This measure will be available from April 2021 as it requires primary legislation to commence the extension of the parent’s leave and the development of the IT system to process the benefit.

Paid parent leave can be taken in addition to existing Maternity Leave, Adoptive Leave, Paternity Leave and Parental Leave rights, as applicable to each "relevant" parent.

To exercise the right to Parent’s Leave, the employee must give their employer at least 6 week’s written notice of their intention to take the leave. To apply for Parent's Leave visit here.

View entitlements under Maternity Benefit and Paternity Benefit.

If you 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, Customer Update, Employee Contracts, Employee Handbook, Parental Leave, Staff Handbook

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

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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