There were substantial developments in employment law in 2003 in Ireland, with that trend continuing into 2024. In this article we highlight some of the key changes which have occurred in recent months and what is anticipated in 2024.
Changes in 2023
- Extension of Statutory obligations under the Protected Disclosure legislation
From December 17, 2023, the reach of protected disclosures legislation will expand, encompassing employers with 50 or more employees. Employers will be required to establish internal reporting channels and procedures to facilitate protected disclosures. Failure to establish, maintain, and operate these reporting channels and procedures could result in significant fines ranging from €75,000 to €250,000, and/or imprisonment for up to two years.
- Domestic Violence Leave
From 27 November 2023. all employees regardless of their length of service have the right to five days of paid leave within a 12 month period if they have or a "relevant person" (defined under the Act, but includes a partner) has experienced or are experiencing domestic violence within any 12-month period. Employees will be entitled to paid leave at their regular rate of pay. Employers should be aware that employees do not have to provide evidence to support their leave request.
- Leave for Medical Care Purposes
Leave for medical care purposes was introduced on 3 July 2023. Employees are entitled to up to five days unpaid leave to deal with serious medical care for a child or other relevant person like a family member. There is no service requirement attached to this entitlement.
- Extension of maternity leave to transgender men (who have given birth)
Transgender men who have given birth can now access maternity and pregnancy related leave and entitlements.
- Extension of breast-feeding rights
The number of weeks during which mothers are entitled to take paid time off work for breastfeeding purposes (one hour per day) has been increased from 26 weeks to 104 weeks.
- Increase in Statutory Sick Pay
The entitlement to statutory sick pay increased from 3 days to 5 days 1 January 2024. It is expected to increase on an incremental basis reaching ten days in 2026.
- Increase in National Minimum Wage
The National Minimum Wage Order 2023 increased the national minimum hourly rate of pay to €12.70 for an adult from 1 January 2024 with reduced rates for those under 20 years old. The government have clearly stated their intention that the minimum wage will increase incrementally with the intention of reaching a living wage by 2026.
- Gender pay gap (GPG) reporting obligations extending to smaller employers
From December 2024 (six months from a snapshot date in June 2024 chosen by the employer) all employers over 150 or more employees will now be subject to reporting obligations. This reporting obligation will extend to all employers with 50 or more employees in 2025.
What changes will 2024 bring?
- Right to Request Remote Working and Flexible Working for Caregivers
Although the Work Life Balance and Miscellaneous Provisions Act 2023 introduced the entitlement to request remote working and flexible work for caregivers. Those provisions will not come into effect until the Code of Practice issues from the Workplace Relations Commission ("WRC"). The Code is currently under review by the Minister for Enterprise, Trade and Employment.
- Parent's Leave & Parent's Benefit
Parent’s Leave and Parent’s Benefit will be extended from seven to nine weeks of leave from August 2024.
- Auto-Enrolment Pension Scheme:
Pension auto enrolment is due to commence in Ireland by the end of 2024. All employees between the ages of 23 and 60 will be automatically enrolled with the right to opt out after 6 months. Initial contributions from both employers and employees will be set at 1.5% increasing on an incremental basis until they reach 6% (matched) by 2034. It is also proposed that the State will make a small contribution to pensions.
- EU Pay Transparency Directive
EU Member States have until 7 June 2026 to transpose the EU Pay Transparency Directive into national law. The key changes will see the introduction of pay transparency in recruitment, a ban on pay disclosure by employees and additional reporting requirements of pay gaps between genders. Employers will also be required to objectively justify a pay gap of more than 5% between any category of worker and, where this cannot be objectively justified on a gender-neutral basis, a more onerous “joint pay assessment” will be triggered.
Conclusion
We are seeing the trends around flexible/remote working continuing to evolve as well as provision of alternative supports for working parents. Pay equality and transparency also remains a focus from a legislative perspective. Given the evolving nature of employment law in Ireland we would strongly recommend all employers to keep updated of changes as they occur to ensure they are complying with the minimum statutory requirements.
