Hiring a first employee is a milestone for every business. It shows growth and demonstrates a business that does more than provide a livelihood for just its founders. This milestone also brings responsibilities. As an employer it is paramount that you establish certain “safety nets” before hiring your first employee, to avoid falling into rough waters. This involves working with your legal advisor to create a suitable employment contract, employment policies, and an employment handbook.
We are delighted to be named as finalists in the Workplace Excellence Awards 2025 in the Excellence in Workplace Diversity, Culture and Inclusion Category.
We are delighted to be shortlisted in the Irish Law Awards for Law Firm of the Year, Employment Law Firm of the Year, Diversity and Inclusion Law Firm of the Year and Probate Law Firm of the Year.
A business can implement a transparency policy to show its commitment to accountability and openness in is work. The policy will show the practices and procedures embraced by the business. It articulates the core values of the business in relation to communication with stakeholders. Honesty, integrity and accountability will be key values. The policy will detail the specific information that will be disclosed. This might include business practices, governance structures, financial performance, and gender pay gap information. It will describe when and how the information is shared, whether publicly by website or report or internally to employees or to certain stakeholders such as investors.
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 14B to the Employment Equality Act 1988, which states that an employer cannot enter a non-disclosure agreement (“NDA”) with an employee. If such an agreement is entered into, it shall be null and void. An NDA is an agreement, or a provision of an agreement, which may or may not be in writing, between an employer and an employee, that aims to prevent the employer and/or employee from making a relevant disclosure.
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.
