Employment Law and Human Resources

SPECIFIC SERVICES
The specific Employment Law Services which we provide are:

•JURISDICTIONAL ISSUES

Where you, as an Employer, have workers in both Northern Ireland and the Republic of Ireland, you may incorrectly assume that the same law and Principles apply. This is not always the case and an incorrect assumption could lead to costly litigation. Because we practise in both Jurisdictions, our legal team will be able to advise you on the appropriate law which applies to your situation. For example, whereas an Employee may initially have been employed in Northern Ireland and signed his Contract of Employment in Northern Ireland, if he was subsequently posted to work in one of the Employers departments in the Republic of Ireland he may be entitled to sue in the Republic of Ireland Courts if the breach of law arose in that Jurisdiction.

We also provide an up-dated Comparative Analysis of Employment Law, North and South which is an immediate Reference Guide for North/South Employers.

• CONTRACT TERMS

Often the determination of contractual terms and conditions is a necessity in defending a claim against and Employer or establishing a claim against an Employer. The legislation in both Jurisdictions provides the Statutory Right to written particulars of employment for all Employees employed for over two months. If a written document is not in existence we can provide you with precedent documentation and policies for your business, not only to ensure compliance with the legislation but also clauses that can protect your business and it’s legitimate interests.

• RESTRICTIVE COVENANTS

While employment Contracts may contain terms which place restrictions on an Employee’s ability to work in a similar occupation or in his use of confidential information, restraint of trade (which is usually included in a Restrictive Covenant in an Employment Contract) is a severe encroachment on that individual’s freedom to contract and do business. A Contract which is in restraint of trade is void and unenforceable unless the Employer can show that it had a legitimate interest to uphold, that the restriction was reasonable and in the public interest. It will be deemed void if it goes further than was absolutely necessary to protect the above interests. It is important therefore that you take legal advice to cover the individual circumstances of Employment Contracts for Executives in your organisation.

• TRADE SECRETS/CONFIDENTIALITY

Particularly where confidential and sensitive information will come to the attention of your Employees in the course of their work, it is important that the contract of employment includes provisions prohibiting the Employee from revealing trade sensitive information to a Competitor in the event that the Employee left your employment to go to that Competitor. While rules of confidentiality exist under common law, it is easier to enforce those obligations under a written Contract of Employment in the event that it was necessary to issue Injunction Proceedings against an Employee.

• STAFF HANDBOOKS

We can draft you Staff Handbook to cover the following Policies :

o Data Protection.
o Disciplinary Procedures.
o Equality Adherence Procedures.
o Grievance Procedures.
o Bullying and Harassment Codes.
o Sexual Harassment Codes.
o E-mail/Internet Codes.
o Holiday and Leave Entitlements.
o Termination of Employment.

• ANNUAL LEAVE

As Annual Leave is a Statutory Right, failure to provide Annual Leave may provide to an Employee the right to claim Unfair Dismissal. The Employee would not be required to prove continuous employment of one year if the dismissal is on the grounds of asserting a Statutory Right. When Annual Leave can be taken and the procedure for requesting Annual Leave with depend on the Contract of Employment.

• COMPROMISE AGREEMENTS

A Compromise Agreement is a very effective avenue to create a binding settlement where an Employee has a valid claim against his Employer for a Statutory or Contractual Breach. By entering into such an agreement an Employer avoids costs and time going to a Tribunal. The Compromise Agreement usually sets out full terms of settlement between the Employer and the Employee and includes a clause which prevents the issuing or the continuing of proceedings in a Tribunal. This creates the desired effect of a clean break between the two parties. A Compromise Agreement has statutory protection in Northern Ireland and England. There is no such statutory provision for Compromise Agreements in Ireland. To acquire this statutory protection in Northern Ireland and the UK certain requirements are necessary to ensure that the Compromise Agreement is a legally binding document on both parties and these also provide for the provision of independent legal advice to the Employee in the execution of same.

• DISABILITY DISCRIMINATION

For many Employers, disabled Employees are recognised as valuable and equally significant members of staff. Thus the disabled workforce is increasing. The Disability Discrimination Act 1995 in Northern Ireland and the Employment Equality Act, 1998 in the Republic of Ireland introduced a number of protective measures for disabled workers. This means that an Employer must not treat a disabled individual any differently than he would treat any other member of staff.

The legislation requires the Employer to make reasonable adjustments (NI)/reasonable accommodation (ROI) to working conditions. This includes premises and working hours/practices and procedures.

• DISCRIMINATION

Northern Ireland has some of the toughest Employment Laws in the world. The discrimination legislation in Northern Ireland is arguably more wide- ranging and far-reaching than anywhere in the world, especially in relation to Fair Employment.

The law requires that positive action be taken on the part of Employers including annual monitoring and tri-annual review. A similarly exacting regime has also commenced in the Republic of Ireland since the implementation of the Employment Equality Act, 1998. Equal Opportunities Policies, Harassment Policies and Grievance Procedures can go a long way in defending a claim. Staff Handbooks should properly reflect the legislation and indeed be up to date as they offer a reference point not only for Employers but Employees alike.

If you are an Employer and are concerned about the policies required please contact any member of our employment team with your queries.

• EQUALITY/FAIR EMPLOYMENT CLAIMS

In Northern Ireland, Fair Employment is a legal concept which outlaws discrimination in employment in the workplace on the grounds of religious or political opinion, disability, race and gender. Similar concepts apply also in the Republic of Ireland (although not including “political opinion”), but apply also to marital status, family status, sexual orientation, age and membership of the Traveller Community. It is especially concerned with protecting the rights of Employees, allowing them to obtain employment and carry out their work without being subject to prejudice based on the above grounds. It applies not only to the conditions of employment but also to access and recruitment and also termination of employment.

Full advice can be given to Employers in relation to any Equal Opportunities Policies, Harassment Policies, Grievance Procedures and, in Northern Ireland, the completion of all Fair Employment Monitoring Forms and Reviews. The Code of Practice in Northern Ireland requires that all Employers recruiting must have Fair Employment training to ensure that no discrimination occurs in any recruitment procedures.

• RELIGIOUS DISCRIMINATION

Religious Discrimination is unfortunately a problem in Northern Ireland’s political and religious climate. In Northern Ireland, legislation has been created specifically for our unique circumstances. The law has created positive obligations on Employers to ensure equality of opportunity throughout the workplace, from recruitment to redundancy. This includes the completion of monitoring forms and reviews. We can assist and advise on the requirements of your business and defend any claims made against you. Employers defending such claims need to appreciate the potential financial damages and have claims either vigorously defended or expeditiously settled.

• INDUSTRIAL TRIBUNALS (NI)/EMPLOYMENT APPEALS TRIBUNALS (ROI)

If you find yourself in a situation where you are faced with an appearance at a Tribunal defending a claim against you, Morgan McManus can help. Our employment team will guide you through all negotiations and advise on the merits of any proposed settlement. Morgan McManus will act diligently in researching, preparing your case and representing you at any Tribunal Hearing.

• CROSS-BORDER EMPLOYERS

For Employers who have businesses in both Jurisdictions and the consequent obligation to be mindful of the duties which exist in both Northern Ireland and the Republic of Ireland, we have produced a Comparative Analysis of Employment Law North and South. Specific legal advice should however be taken in individual cases.