Contract Variations 2023 : Essential Update on the New Regulations

Contract Variations 2023 : Essential Update on the New Regulations

In association with RDJ LLP 

Last year was a watershed year for laws on employment contracts in Ireland and there’s many more changes to come in 2023. We have seen EU Directives brought into force that require changes to transparency of working conditions, a limit on probation periods, the need to balance the needs of work and life and laws on what must happen if wages include tips or gratuities. All of this on top of the introduction of statutory sick pay, amendments to whistleblowing legislation and of course, the continuation of hybrid working for many employees.

The continued reality of hybrid / remote / flexible working for many employees, mean that employers will be facing several changes to the way employment contracts are written and operate in 2023, together with significant legislative changes introduced by EU Directives and new Bills in Ireland, namely:

  • The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (which came into force on 16 December 2022); and
  • Work Life Balance Miscellaneous Provisions Bill 2022 (which is expected to be enacted in 2023)

Make no mistake – these are some of the most important changes in employment legislation in the history of the State.

Who should attend this event?

HR professionals and anyone else within an organisation with responsibility for employment contracts, policies, risk assessment, compliance and governance. Any solicitors, in-house lawyers or other representatives who advise on the law.

Why should you attend this event?

The low-key introduction of The European Union (Transparent and Predictable Working Conditions) Regulations 2022 just before Christmas masked the significant the changes that they have introduced particularly on contracts of employment and terms and conditions of employment. They create new employee rights and amend employers’ obligations under the Organisation of Working Time Act 1997, the Terms of Employment (Information) Act 1994 and the Protection of Employees (Fixed-Term Work) Act 2003. It is therefore imperative for you to be aware of these substantial changes to ensure compliance.

The Irish Government has published an amended version of the Work Life Balance and Miscellaneous Provisions Bill, which it plans to push through the legislative approval process very quickly. You need to be familiar with the provisions of the current draft of the Bill; how it impacts remote and flexible working and make necessary preparations now for its eventual enactment.

What are the learning outcomes?

By the end of the event, attendees will:

  • Have a better awareness of the European Union (Transparent and Predictable Working Conditions) Regulations 2022 and the implications for employers in Ireland.
  • Gain an understanding of best practice in managing probationary periods.
  • Forward plan for the incoming Work Life Balance Miscellaneous Provisions Bill so employers can begin to prepare for its eventual enactment.
  • Identify how the legislative changes impact employment contracts and policies and when and how they should be amended to ensure full compliance.
  • Benefit from a comprehensive pack of notes.

When and where?

This event will take place online over a half day, 5th April 2023. Online.

Speakers - Michelle Ryan, Partner and Sinead Morgan, Senior Associate, RDJ LLP

Price:
Standard Rate: €295

This event will be run in assocation with RDJ LLP. 

Programme

9:15 

Welcome & Introduction  

Laura McKee, Knowledge Partner, Legal Island 

9:30 

What’s Changing about Employment Contracts in Ireland?  

The world of work has evolved significantly in the last few years. New EU rules and legislative amendments in Ireland mean employers need to vary written terms and conditions of employment.  

Michelle Ryan, Partner RDJ LLPoutlines the breadth of changes that have come into play and the key issues for employers in 2023.  

Overview of changes that impact contracts of employment in 2023:  

  1. Transparent and Predictable Working Conditions

  1. Hybrid, Remote & Flexible Working  

  1. Statutory Sick Pay 

  1. Protected Disclosures  

  1. Minimum Wage and Living Wage  

  1. Tips & Gratuities  

10:00  

Making the Probationary Period Work for You 

Best Practice on how to Manage Probationary Periods and Contracts of Employment  

In this session, Sinead Morgan, Senior Associate RDJ LLP explores the following areas:    

  1. Probationary Periods and Employee Contracts - Changes introduced by The European Union (Transparent and Predictable Working Conditions) Regulations 2022  

  1. Probationary Periods Case-Law Update  

  1. Best Practice Guidelines & Top Tips on Managing Probationary Periods  

Sinead will explain the above by way of examples and there is time allotted to ask your own questions.  

10:30 

Joint Q&A 

10:45 

Refreshment Break  

11:05 

Contract Clinic for Employers:

Transparent and Predictable Working Conditions Regulations 2022  

  1. Variation to Written Employment Terms: What new information must be provided to employees? When and how do I provide it?
  2. Exclusivity / Parallel Employment: What are the new rules around restricting an employee taking up second employment? How should this be dealt with in the contract of employment?
  3. Training: What are the changes to training requirements? Does this need to be specified in an employee’s contract?
  4. Minimum predictability of work: Do contracts need to be amended in respect of working hours?
  5. Employment Outside of Ireland: What information must be provided to employees who are posted to work outside of Ireland?
  6. Transition to Another Form of Employment: What obligations are on an employer if an employee requests to transition to another form of employment?

It’s obvious that existing Ts & Cs need to be radically altered. But what might each of the above points mean in reality for employers? Michelle Ryan, Partner RDJ LLPexplains by way of examples.  

11:35 

Q&A 

11:50 

Comfort Break  

12:10 

Other Changes Affecting Employment Contracts in Ireland in 2023: Hybrid, Remote and Flexible Working  

From ergonomic workspaces to recording working hours of home workers, to privacy and insurance issues, our new way of working has brought solutions and problems to employers in equal measure.  

We will see for the first time in Ireland a legislative right to request flexible work and remote working arrangements. These changes are set to become a reality this year as the Work Life Balance and Miscellaneous Provisions Bill 2022 is quickly making its way through the legislative process.  

In this session, Sinead Morgan, Senior Associate RDJ LLP will explore the topics below specifically highlighting where variations will be needed in your employment contracts and/or policies:  

  1. The current challenges employers are facing in hybrid and remote working and how we go about solving them.    

  1. The proposed legal changes to be introduced by the Work Life Balance and Miscellaneous Provisions Bill 2022 and its impact on employers. What can we expect? 

  1. Best Practice Guidelines on managing Hybrid / Remote / Flexible Working requests.  

12:40 

Final Joint Q&A 

1:00 

Event Close 

Testimonials

Presenters


  • Michelle Ryan
    Michelle Ryan Partner
    RDJ

    Michelle is a Partner, practising as part of RDJ’s Employment law team. She has wide ranging experience advising on all aspects of employment law. Michelle also has built specialist expertise in Data Protection and Privacy issues and is a member of RDJ’s Cyber and Data Protection Team.

  • Sinead Morgan
    Sinead Morgan Senior Associate
    RDJ

    Sinead is a Senior Associate, practising as part of the Employment Law Team. She has significant advisory experience providing prompt practical employment advice to employers and HR practitioners on areas such as employee benefits, grievance and disciplinary processes, redundancy and restructuring processes, dismissals, Covid-19 related issues, health and safety and GDPR issues. She takes a hands-on approach when dealing with clients with an emphasis on mitigating risk. She has advised across a range of sectors from retail and manufacturing to biotech, outsourcing and start-ups.

    Sinead has a strong background dealing with contentious matters and regularly represents employers before the Workplace Relations, Labour Court and High Court in a variety of disputes to include misconduct dismissals and redundancies.

    Sinead has experience drafting, tailoring and updating employment contracts, policies and handbooks for clients to address their specific needs. She also develops bespoke training sessions for clients on topical issues impacting on their businesses.

    Sinead also works with our corporate team in completing due diligence projects and addressing employment and TUPE issues at various stages from tenders to post completion queries.

Event details

Duration

9.15 to 1pm

Date

05 April 2023

Location

Online - Hopin

Price

Standard Rate: €295