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Issues and Complex Matters

By Nicola Snaith
Apr 1, 2010 - 9:35:06 PM

Many employers are guilty of not complying with employment law regulations.   Organisations tend to struggle with the minefield of complex legislation regarding employment law.   However, no matter how tempted you may be to skirt certain issues, or take a chance it is crucial to comply with the legalities relating to employment.   Here are a few employment law solutions where employers can suffer lapses in following the law;

Statement of Particulars – terms and conditions of service

Since the Employment Rights Act, 1996, employers are required to provide a written statement of particulars to employees.   This is a statutory requirement that outlines certain critical elements of the employment relationship, such as, location of work, contracted hours, salary, leave entitlement, notice periods and terms and conditions of employment.

Dealing with personal data

When dealing with sensitive personal information, it is important that it is used for the right purposes and processed and stored correctly.    Obtaining medical information is the most problematic area.   When using information such as this it is important that you consider what it is being used for.   For example, information such as this is lawful to use for processing statutory sick pay or in assisting employees to return to work following an absence, but is it is unlawful to use it in disciplinary measures.

Age Discrimination

The legislation protecting employees from being discriminated against on the grounds of their age is a crucial piece of employment law that was brought in to affect in 2006.   This law should be followed throughout the employment relationship and should be considered in matters of recruitment and selection, remuneration, training and development etc.   However, there is no law preventing employers retiring an employee over the age of 65.   Since the implementation of this legislation in 2006 it has been a hot topic and several campaigners are hoping that the standard retirement age will be discarded altogether.