AREAS OF EXPERTISE

Employment Legislation (1 Day) - Brief Outline

Overview
On completion of the Employment Legislation Programme, participants will have acquired a greater knowledge of the effect of Employment Legislation in today's working market.
This programme is suitable for all those who are managing people on a day-to-day basis, who are responsible for the administration of records and personnel files, or those who have HR responsibilities.

Objectives
- To enable the delegates to avoid costly claims and submissions by third parties and to take charge of employment law applications within the organisation.
- To understand the implications of case law which may set precedence and impact thinking on how issues are dealt with daily within the organisation
- To apply the law and enable your organisation to operate and maintain an effective work environment
- To overview pending legislation and discuss its impact upon implementation
- To implement the law on a day to day basis whilst ensuring the work environment remains positive, legal and achieves results

Success Criteria
- Improved knowledge of core legislation needed to avoid third party claims
- Increased awareness of all Acts appertaining to managing/employing staff
- Reduced claims against employers
- Increased focus on employees and employers boundaries and framework within which one can act legally
- Increased confidence in dealing with people issues as the manager is aware of any potential repercussions - a proactive approach

Training Methods
Irish Business Training Ltd uses a variety of training methods combining tutor presentations, discussions, questionnaires, role-plays, and exercises. As this programme is designed for a small group it will be highly customised to the needs of the individual participants.
While the programme covers legal requirements, the main focus will be on the practical application of policies and procedures under the various Acts.

A full range of support material will be provided to all participants.

THE TRAINING PROGRAMME
The training day will involve reviewing all the major acts concentrating on the acts most applicable to the delegates.

The tutor will refer to a series of case studies relating to the main acts, examining implications and discussing potential problems as viewed by the delegates; emphasising the need for consistency in the application of policy and procedures. The group will review actual cases that have gone through the Labour Courts, Civil Courts and the Employment Appeals Tribunal, over the last 12 months and their implications.

Contract of Employment
- Express and implied terms
- Duties of the employer/employee
- Case law and application
- Determining the terms of employment
- Understanding the input of the changes to Contracts, including Part-time Contracts, Fixed Term Contracts, and Temporary Contracts

Data Protection Act 1988/2003

Safety, Health and Welfare at Work Act 1989
- General duties of the employer/employee
- Safety statement
- Safety Representative
- Common law interference
- Court practice and procedure
- Costs
- Employer position
- 2004 Health & Safety Bill (likely to be implemented in 2005)

Minimum Notice and Terms of Employment Act 1973/Terms of Employment Information Act 1994
- Statutory requirements
- Waiver of notice
- Case law application and impact of recent cases

The Unfair Dismissals Acts 1977/1993
- Application of the act
- Scope of the act
- Fair/unfair reasons for dismissal
- Redress/compensation
- Dismissal procedures
- Why we need a Disciplinary Procedure
- The impact of not dealing with Discipline and Grievance issues within the act
- Case law and practicalities

Redundancy Payments Act 1967/1979
- Application of the act
- Continuity of service
- Reckonable service
- Dealing with redundancy within a sensitive and legal framework

Anti Discrimination Pay Act

Employment Equality Act 1977/1998
- Equal opportunities and positive action
- Sexual harassment
- Procedures
- Pregnancy, maternity and related matters
- Mobility and transfer
- Seniority and overtime
- Dismissal
- Amendments 2004

Equal Status Act 2000
- The effect of the Equal Status Act on the provision of goods and services to the general public

Maternity Protection Acts 1981/1991/1994/2001/2004
- Statutory leave requirements
- Application of the Act
- Entitlements and protection
- Additional maternity leave
- Notification requirements
- Procedures
- Employee's rights under the Act

Adoptive Leave Act
- Employers obligations and employee rights
- Adoptive Leave Bill 2004 (likely implementation 2005)

Parental Leave Act 1998
- Rights and entitlements under the Act
- Leave entitlement
- Administration and Record requirements
- Force Majeure Leave
- Proposed changes to the Act

Carers Leave Act 2001
- Employers obligations and employee rights
- Administrative Procedures and Records under the Act

Industrial Relations Act (amended) 2001

Organisation of Working Time Act 1997
- Holidays
- Maximum working time
- Rest Periods

Bullying & Harassment: Definition - Liability - Defences
- What constitutes Bullying/Harassment/Sexual Harassment
- Unfair/Constructive Dismissal and Victimisation
- Dealing with complaints
- Carrying out an Investigation (overview)
- Applying Disciplinary Code of Practice to deal with Bullying and Harassment and Sexual Harassment