The European Union (Transparent and Predictable Working Conditions) Regulations came into law in December 2022, and makes a number of changes to employment relationships. One such change relates to the statement of terms provided to the employee on or within five days of their commencing work.

The initial statement of terms of employment must be in writing, and signed by the employer. It must set out the core terms of employment. The core terms include:

  • The full name of both the employer and employee
  • Employer address
  • The place of work, or a statement stating listing the various workplaces or stating that the employee is work from a location of their choice.
  • Commencement date
  • Job title and job description
  • Whether the contract is permanent or fixed term. If it is fixed term, the duration or the event that determines the contract.
  • The rate or method of calculating pay, and the pay reference period (weekly, fortnightly or monthly)
  • The normal length of the work day and week to be
  • The duration and conditions relating to the probation period (if there is one)
  • Any terms or conditions relating to hours of work, including overtime

Within one month of commencing work the employee must be provided with the remainder of the terms of their employment, if they work more than 8 hours a week. Such terms include:

  • Annual leave and public holiday entitlements
  • Sick pay
  • Pension details
  • Notice period
  • Details of any collective agreements
  • Details of training
  • Agency workers are to be told the identity of the hiring firm or person
  • For irregular workers, information in respect of any guaranteed hours, the expected days and hours of work, the minimum notice for work assignment.

Within 28 days of commencement, the employee should be given a copy of the employee handbook. This book should contain policies on:

  • Grievances
  • Disciplinary process
  • Bullying and Harrassment
  • Protected Disclosure or Whistleblowing
  • Sickness and Absence
  • Data Protection

It may also contain policies tailored to the needs of the workplace such as:

  • Vision and mission of the business
  • Values and ethos of the business
  • Conflicts of interest
  • Gifts and favours
  • Treatment of Property
  • Diversity and Inclusion
  • IT usage
  • Timekeeping
  • Dress Code
  • Business credit card usage
  • Expenses and travel
  • Lay off and Short time
  • Redundancy
  • Paid and unpaid leave and any provisions in respect of return to work
  • Breastfeeding protections
  • Remote working
  • Confidentiality
  • Health and Safety
  • Anti-money laundering
  • Recruitment
  • Safeguarding
  • General conduct

If an employee is required to seconded abroad for any period exceeding a month, they should be provided with a written statement of terms prior to their departure. The statement must name the country or countries of work, the duration, the currency and means of payment, and any other changes to the employment terms as a result of working abroad.

The above is provided for information purposes and is not intended as legal advice. We, at Fitzsimons Redmond LLP, would be happy to talk to you about your compliance with employment law. Please contact us on 01-6763257.

By Lisa Quinn O’Flaherty

Partner at Fitzsimons Redmond LLP