Employment Law Advice

We provide employers with advice and support on every aspect of employment law.

 

We cover all aspects of employment law, both at an organisation level and at an individual/employee level.

 

At the organisation level, we support employers regarding:

 

  • Workforce restructuring
  • Redundancy
  • Changes in terms and conditions of employment
  • Transfer of undertakings
  • Mergers
  • HR due diligence
  • IR matters
  • WRC and Labour Court
  • Contracts of employment
  • Employee handbook and HR policies and procedures

 

 

We also support employers with independent, external advice and support related to::

 

  • Disciplinary/dismissal investigations, hearings and appeals
  • Bullying and harassment investigations and appeals

 

We also support employers with individual employee matters, for example, related to:

 

  • Performance issues/under-performance
  • Issues in probation
  • Disciplinary/dismissal issues
  • Sick leave, regular and long-term sick leave
  • Redundancy
  • Bullying
  • Grievance
  • Contractual matters
  • Issues related to pay, changes to working conditions, changes to terms of employment, terms and conditions of employment, leave, and contractual rights

 

Representation in the WRC and Labour Court

 

We prepare submissions for the WRC and Labour Court and represent employers.

 

Our track record is excellent. We prepare very strong submissions and represent employers based on our depth of experience and knowledge, detailed research, excellent communication skills (both verbal and written) and our detailed presentation of the case.

 

Workforce Restructuring

 

We have significant experience in planning and implementing workforce change. This includes redundancies, voluntary severance, retirements, changes in pay, changes in terms and conditions, revisiting roles and job descriptions, and so on.

 

Changes to negotiated Agreements and IR Matters

 

We have worked with many employers across a variety of sectors to assist with individual,  collective or organisational changes to negotiated or procedural agreements with unions.

 

We assist employers with strategy and planning, meetings with unions, negotiations, conciliation, revisions to agreements, and so on.

 

Workplace Relations

 

We provide employers with advice and support on every aspect of workplace relations or industrial relations.

 

We cover all aspects of workplace relations, including:

 

  • Issues related to pay, changes to working conditions, changes to terms of employment, terms and conditions of employment, leave, and contractual rights
  • Staff relations issues
  • Collective issues
  • Trade union negotiations
  • Representation in the Workplace Relations Commission and other employment for a
  • Conciliation
  • Redundancy situations
  • Transfer of Undertakings/TUPE consultation
  • Support and guidance for all HR and IR issues.

 

Our team will assist through face-to-face consultation and on-site negotiations and consultation to bring about an effective outcome for employers.

 

Workplace Investigations, Hearings and Appeals

 

We have worked across the public sector, corporate and private sector in conducting external, independent workplace investigations related to fraud, disciplinary/dismissal, and bullying/harassment. We have also conducted disciplinary hearings and appeals, as well as appeals following on from bullying investigations.

 

Our team have a high level of expertise in this area. Our skills and expertise includes investigative skills, report-writing skills and a thorough knowledge of procedure.

 

We also assist employers in conducting these investigations, procedures and appeals themselves, and in accordance with best practice and procedure.

 

Mergers and Transfers

 

Where employers are considering merging or being part of a transfer of undertakings or a transfer of engagements, we assist with HR due diligence and pre-merger or pre-transfer planning, the process and the post-integration HR and IR issues.

 

Workforce Restructuring

 

If you are planning a restructuring of your workforce, support and advice for the implementation of any compulsory redundancy or a voluntary severance programme it is essential to plan it carefully, to ensure it runs smoothly, staff are communicated with effectively and all the legal and consultation requirements are met.

 

The need to accelerate change and transformation within an organisation may give rise to the need to plan and implement workforce restructuring. The need may also arise as a result of mergers and acquisitions and the integration needs which follows. A transfer of undertakings or a transfer of engagements arising from a merger or from outsourcing or contracting out situations also may give rise to the need to plan workforce changes.

 

Our workforce restructuring service involves working with you to plan and implement:

 

  • Compulsory and voluntary severance programmes
  • Redeployment programmes
  • Early retirement programmes
  • Communications and consultation with staff

 
 
HR Due Diligence
 
HR Due Diligence is a key area of due diligence in any merger or acquisition opportunity. The success of a merger will largely likely in the people, culture and organisational aspects. The key issues and risks should be identified and understood as early as possible.

 

Major areas for identification include;

 

  • Organisation structure
  • Workforce skills and talent
  • Management and leadership
  • Pay and benefits
  • Culture
  • Employee relations and industrial relations
  • HR and talent management processes
  • Staff turnover and retention
  • Contracts
  • Employment legislation and compliance

 

The detailed analysis of the above areas should provide the management team and Board with the information needed to identify key strengths, issues, costs and risks from a whole people, culture, talent, HR and organisation perspective.

 

A comprehensive picture of HR (people, process, organisation, culture and technology) is essential in any merger or acquisition.

 

Guidance and support on addressing identified HR issues and risks, managing pre-merger discussions, identifying post-merger organisation structures and preparing a post-merger HR integration plan will lead from the HR due diligence. Opportunities for consolidation, harmonization, HR efficiencies and cost savings will be identified and programmes developed from there.

 

Post-Merger Integration

 

Successful post-merger integration is critical to achieve the business objectives arising from the merger. Research shows that a large percentage of mergers fail to achieve their stated objectives, and much of this can be related to problems with integration post-merger. These problems tend to focus around the HR area – people and culture. Different cultures and work styles. Leadership issues. And much more.

 

Day one readiness for everything on the HR spectrum is essential for success.

 

Identifying and preparing for issues related to several areas is critical. These issues include:

 

  • Leadership and management structure
  • Organisation structure
  • Rationalisation, rightsizing and redundancy
  • Diverse cultures and teams
  • Diverse pay and benefits
  • Streamlining HR processes and technology

 

We have been assisting organisations in a range of sectors. Please contact us for more information on how we can help.

 

Transfer of Undertakings

 

The Protection of Employees on Transfer of Undertakings Regulations (TUPE) are designed to safeguard employees’ rights in the event of a transfer of a business, and to establish the responsibilities of both the previous and new owners of the business. Such a transfer can apply in a merger and acquisition situation, the contracting out of a business or the loss of a contract to another supplier.

 

It is important first to establish whether a transfer of undertakings applies in each situation.

 

Where it does, the employees of a business being transferred move to the new employer with their accrued years of service, existing terms and conditions of employment (excluding occupational pensions) and collective agreements to which they may already be subject.

 

Under the Transfer of Undertaking Regulations, both the original employer and the new employer must inform the representatives of the employees affected by the transfer not later than 30 days before the transfer.

 

Our team will help you to meet the obligations of the Transfer of Undertakings legislation and assist you with the consultation process to ensure a smooth transfer and that you meet your legal obligations.

 

Contracts of Employment & Employee Handbook

 

We have created comprehensive contract of employment templates and an employee handbook of HR policies and procedures, all of which can be tailored and branded for your organisation.

 

Click here for more information on Contracts of Employment and the Employee Handbook
 

Individual Employee Cases

 

We provide professional support, information and advice on individual employee cases. These may include cases and situations related to:

 

  • Disciplinary / dismissal
  • Sick leave
  • Bullying / harassment
  • Attendance issues
  • Fraud
  • Misconduct or gross misconduct issues
  • Changes to role
  • Redundancy
  • Redeployment
  • Performance improvement
  • And so on

 

We advise employers on the step-by-step process to follow.

 

This is by phone and email and includes the drafting of all relevant emails and letters on the employer’s behalf .

 

Employment Law Support and Advice

 

Our services can be availed of on an ad-hoc / as needed basis or we can be retained on an annual basis to provide an agreed range of services.

 

Our service is available Monday-Friday, and on a retained basis, an employer has access to their dedicated HR Consultant/Adviser also on a Saturday/Sunday for emergencies.

 

We bring our employment law and HR expertise together, and combine it with a sense of pragmatism, to create practical and creative solutions for employers.

 

If you are interested in our Employment Law service or want to know more about how we can support your organisation, then please phone us on +353 1 866 6426 or Contact us  and we will be delighted to discuss your requirements.

CollierBroderick

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