The Maternity Protection, Employment Equality & Preservation of Certain Records Act 2024 was signed into law by the President on 28 October 2024. The 2024 Act inserts section 14C to the Maternity Protection Act 1994, which allows an employee to postpone their maternity leave for between 5 and 52 weeks if they are suffering from a serious health condition. Ireland is one of the first countries in the world to implement such measures and it follows from the ‘Leave Our Leave’ campaign by the Irish Cancer Society.
The recent Supreme Court case of Mallon v Minister for Justice [2024] has upheld the legality of mandatory retirement ages, as set out in Section 34(4) of the Employment Equality Act 1988, as amended by the Equality (Miscellaneous Provisions) Act 2015.
Ethical supply chain management refers to the sourcing, production and distribution of products in a manner that is non-exploitative, fair, sustainable and responsible towards all stakeholders in the chain. This includes the valuing of the human rights of producers of component parts, workers, and communities as well as environmental protection so as to ensure the human rights of current and future generations. Features of ethical supply chain management include safe working conditions and fair pay, local community engagement, minimal environmental impacts, compliance with local laws and international best practice, at all points in the chain. It involves transparency and accountability in relation production, sourcing and suppliers.
There is a certain view that Environmental, Social and Governance (ESG) strategies are soft, marketing-driven and non-essential but there are strong arguments for including ESG at the top table of corporate governance.
A well-crafted ESG policy ensures regulatory compliance. It identifies and mitigates the risk of legal actions, investigations, penalties and fines arising from environmental impact, governance practices, social responsibility, and regulatory and legal compliance. The policy can serve as a framework in managing any crisis that arises. However, the policy alone will not manage the risk; it must be utilised and familiar to all key people.
The ESG policy promotes good practice in sustainability, operational efficiency, employee engagement, social responsibility, stakeholder relationships, accountability and transparency. These good practices not only enhance the business reputation and meet consumer demand by demonstrating a commitment to ethics, they also provide competitive advantages by promoting sustainable practices and a positive work-place leading to cost savings and greater employee satisfaction, engagement and retention.
Demonstrating trustworthiness by accountable practices and transparency attracts investors by satisfying investment criteria which focus on ESG factors; these factors are an increasing prerequisite to investment. Working to global frameworks such as the UN Sustainable Development Goals and the Global Reporting Initiative gives access to new markets and allows the organisation to show itself as serious player on the international stage.
The above is provided for information purposes and is not intended as legal advice. Fitzsimons Redmond LLP would be happy to discuss the needs of your business in relation to all aspects od ESG. Please contact us on 01-676 3257 or lisa@fitzsimonsredmond.ie.
Implementing a health and safety statement and policy is essential for all businesses in order to comply with the Safety, Health and Welfare at Work Act 2005, which mandates businesses to ensure the safety, health, and welfare of employees.
Many businesses are using artificial intelligence (AI) in some form in order to create business efficiencies. Some businesses use generative AI for copywriting, software writing, or employ Chatbots. These programmes work by being ‘trained’ by the inputting of large amounts of data. Other AI in use includes tools to summarise data or to perform analysis. Some businesses use off-the shelf AI tools and others augment the tools with their own specific datasets.
In February 2020, COVID-19 arrived in Ireland, quickly leading to the COVID-19 pandemic, which caused one of the longest lockdowns experienced in Europe. The lockdown led to most of Ireland’s workforce not being able to work in their buildings or offices, causing a majority of them to work from home. Before 2020, remote work was once seen as a luxury or a niche option but is now the norm, and the demand for remote work has been increasing since then, with most businesses now offering remote work as a way to cut down on extra costs. Remote work saw a large impact on the legal sector, with most firms still recovering to pre-pandemic operations. In response to remote work becoming more popular within Ireland, the Irish government aimed to establish a legal framework to govern remote work practices.
GDPR puts a variety of obligations on businesses. Due to the far-reaching penalties arising under data protection law, it is important for business-owners to recognise where a need for action is triggered. One area that causes confusion or may be overlooked is the requirement for a data transfer agreement (DTA). A business may need a DTA in the following situations:
An Anti-Bribery and Corruption Policy or a Conflict of Interest (COI) Policy is not a legal requirement for most organisations. However, it is a crucial document for various reasons. A stated policy ensures compliance with legislation and international regulations and can help avoid legal consequences and penalties.
A Diversity and Inclusion (D&I) Policy is not a required governance document under current Irish law, however, there are several reasons why a business might consider creating and utilising a Diversity and Inclusion (D&I) Policy.
