DECEMBER 2021 – ARTICLES & ITEMS OF INTEREST
The Institute of Legal Research & Standards
DECEMBER 2021 – ARTICLES & ITEMS OF INTEREST
COMPLEX REGULATORY ENVIRONMENT FOR SOLICITORS – INITIAL STEPS TO BE TAKEN ON RECEIVING INSTRUCTIONS
In the winter edition of the Parchment, Susan Martin writes an article titled “Complex Regulatory Environment for Solicitors”.
This article looks at the steps taken from the initial call, email or meeting with a client to opening a file.
She identifies seven areas to be examined:-
ETHICAL CONSIDERATIONS – Is the client seeking to use legal advice to perpetrate a fraud?, Is there a conflict of interest?, etc.
AML REQUIREMENTS – Susan Martin states “as well as the existing requirements that we as solicitors have pursuant to AML legislation, the EU 5th AML directive imposes additional obligations on solicitors” and she sets them out in the article.
SECTION 150 LEGAL SERVICE REGULATORY ACT 2015 and SECTION 152 of the 2015 Act.
TERMS AND CONDITIONS – she states are essential.
PII REQUIREMENTS – Insurers have certain requirements in terms of carrying out a risk assessment prior to accepting new instructions and she sets out the questions contained in the PII Common Proposal Form.
LETTER OF ENGAGEMENT – again she references the PII Proposal Form and quotes the questions asked therein.
GDPR CONSIDERATIONS – have you given a client a copy of your data policy and does it contain the correct information.
Susan Martin concludes by saying “given the complex regulatory environment that we now operate in, it is well worthwhile for Solicitors to give serious consideration to the above matters”.
To view this article in full see https://issuu.com/256media/docs/parchment_winter_2021-flipbook?fr=sNDI2MTQxOTYxNTc
SICK LEAVE BILL 2021 – HAVE YOU PROVISIONS IN PLACE FOR SICK PAY?
In the winter edition of the Parchment, Jennifer Cashman assesses the proposed new Sick Leave Bill 2021 and summarises its main provisions under the following headings:-
SICK LEAVE BILL 2021 – the Bill introduces for the first time the right to sick pay which will be legally enforceable though the Work Relations Committee and the Courts.
EMPLOYEE ENTITLEMENTS AND ELIGIBILITY – As currently drafted employees with a minimum of 13 weeks continuous service will be entitled to a sick leave payment payable by their employer for up to a maximum of three days per annum.
PAYMENT FOR STATUTORY SICK LEAVE – the daily rate is unknown but the Bill makes provision as to how this will be determined.
INTERPLAY WITH CONTRACTS OF EMPLOYMENT – the Bill will not prevent contracts of employment including provisions that are as favourable or more favourable than the statutory rate.
NON APPLICATION OF OBLIGATIONS UNDER THE ACT
EXEMPTIONS FROM OBLIGATIONS TO PAY STATUTORY SICK LEAVE PAYMENT – the Bill also provides a mechanism for employers who are experiencing financial difficulties to apply to the Labour Court for an exemption from the obligation to pay statutory sick leave, if successful, an exemption will be granted for a minimum of three months to a maximum of one year.
PROTECTION OF EMPLOYMENT RIGHTS
EMPLOYERS ON PROBATION – the employer may require that the probation be suspended during the prior of statutory sick leave and completed at the end of the that period.
EMPLOYER RECORDS – Employers must make a record of the statutory sick leave taken, which must include certain details such as period of employment, date and time of statutory leave and the rate of statutory sick leave payment.
ENFORCEMENT AND LIABILITY FOR EMPLOYERS – Failure to abide by the statutory sick leave entitlements will expose employers to a complaint actionable before the WRC and if successful, the Bill empowers the WRC and/or Labour Court to make an award of compensation in favour of the employee to up to 20 weeks’ pay.
Employers who currently have no provisions for sick pay will need to watch closely as the legislation progresses and be ready to review existing contracts and policy documents.
To view this article in full see https://issuu.com/256media/docs/parchment_winter_2021-flipbook?fr=sNDI2MTQxOTYxNTc
To view the Sick Leave Bill 2021 see https://www.gov.ie/en/publication/b2f50-sick-leave-bill-2021/#:~:text=Sick%20Leave%20Bill%202021%20The%20Statutory%20Sick%20Leave,or%20two%20weeks%2C%20of%20sick%20pay%20per%20year.
THE COST OF CYBERCRIME
Will Goodbody, RTE, reported citing research from Grant Thornton, that Cybercrime cost the Irish Economy €9.6 billion last year.
- €2 billion related to ransomware attacks and cost of fixing them
- €1.3 billion related to computer viruses
- €1 billion related to phishing
He also stated “The Covid-19 pandemic has led to a dramatic shift in the number of people working from home, which in turn has increased organisation’s risk of cyber-attack, experts say.
Citing research carried out by Microsoft in September of last year, the report says 43% of employees face no restrictions when accessing work-related documents remotely, while 33% of employees use the same password for work and personal devices.
30% of workers use personal email accounts to share confidential work materials.”
To view this article see https://www.rte.ie/news/business/2021/1123/1262556-cybercrime-costs-rising/ this article highlights the importance of cyber training and putting in place good and robust IT policies and procedures.
HYBRID WORKING AND CONCERNS THAT NEED TO BE ADDRESSED BY EMPLOYERS
In this month’s Law Society Gazette, Andrew Fanning reports on a new Law Society study. The report – “The Future Way We Work” – was commissioned as a result of an initiative by the Younger Members Committee (YMC). The survey of just over 1,200 solicitors (carried out by Smith & Williamson) found that 91% of the profession would prefer a mix of remote and office working in the future.
The following are some other findings as set out in the article:-
- Only 5% wanted to work from home full-time.
- Overall, the survey did not uncover increased stress levels among those working from home.
- The main downsides of working from home were broadly linked to the reduction in social interaction – and this appears to worry solicitors in both a personal and professional sense. Most solicitors (70%) felt feelings of isolation from colleagues, with the figure slightly higher for those working in bigger organisations.
- From a professional point of view, almost two-thirds of respondents expressed concern about the ability to learn from senior colleagues while working remotely, while more than 70% worried about the effect of a lack of mentoring on their junior colleagues
- How should the Law Society respond to the findings? The report makes several recommendations – including measures on training and wellbeing initiatives – to help employers and staff to move to more flexible arrangements. It adds that the Society should press for continued remote access to the courts, and also look at promoting tax incentives to reduce the costs of the equipment needed for long-term remote working
- The key findings for employers – offering the opportunity to work remotely will be key to attracting and retaining staff AND employers need to communicate their remote-working policies more clearly to staff. This should include assurances on training and career progression, an explanation of how staff performance will be monitored, and the firm’s expectations on out-of-hours communications.
To view this article in full see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2021/december-2021-gazette.pdf#page=41
ICO REPORTS ON TWO FINES ISSUED
In the last month the Information Commissioner’s Office has reported on two fines issued.
Firstly on 27 December 2019 the Cabinet Office published a file on GOV.UK containing the names and un-redacted addresses of more than 1,000 people announced in the New Year Honours list. People from a wide range of professions across the UK were affected, including individuals with a high public profile.
The Information Commissioner’s Office (ICO) fined the Cabinet Office £500,000 for disclosing these postal addresses online.
The ICO found that the Cabinet Office failed to put appropriate technical and organisational measures in place to prevent the unauthorised disclosure of people’s information. This is a breach of data protection law.
Secondly, the Information Commissioner’s Office (ICO) has fined EB Associates Group Limited £140,000 for instigating over 107,000 illegal cold calls to people about pensions.
To view these in more detail see https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2021/12/cabinet-office-fined-500-000-for-new-year-honours-data-breach/ and https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2021/12/ico-issues-its-largest-fine-to-tackle-illegal-pension-cold-calls/
DPC PUBLISHES REGULATORY STRATEGY REPORT 2022 – 2027
In December the DPC published a Regulatory Strategy Report 2022 – 2027.
In order to prepare this Regulatory Strategy, the DPC has engaged in a period of iterative consultation with a broad range of stakeholders, both internal and external, gathering insights and experiences of how the application of the General Data Protection Regulation (GDPR) has impacted the lives of individuals and organisations operating across a wide range of sectors.
The Strategy is arranged according to fundamental goals, underpinned by the DPC’s mission, vision and values.
To view the DPC Regulatory Strategy Report 2022 -2027 and the DPC Regulatory Strategy Consultation Feedback Report see https://www.dataprotection.ie/en/news-media/latest-news/dpc-publishes-regulatory-strategy-2022-2027