MARCH 2024 – ARTICLES & ITEMS OF INTEREST
The Legal Quality Standard of Ireland
MARCH 2024 – ARTICLES & ITEMS OF INTEREST
CODE OF PRACTICE FOR EMPLOYERS AND EMPLOYEES RIGHT TO REQUEST FLEXIBLE WORKING AND RIGHT TO REQUEST REMOTE WORKING
The Minister for Enterprise, Trade and Employment requested the WRC, under Section 20 of the Workplace Relations Act 2015, to prepare this Code of Practice.
On the 7 March 2024 the WRC published a Code of Practice for Employers and Employees Right to Request Flexible Working and the Right to Request Remote Working. This was a required by Part 4, Section 31, of the Work Life Balance and Miscellaneous Provisions Act 2023.
The purpose of the Code is to provide practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with one or more provisions of Part 3 of Work Life Balance and Miscellaneous Provisions Act 2023 Act, which includes provisions regarding requests for remote working arrangements, and also with Part IIA of the Parental Act 1998-2023, which includes provisions regarding requests for flexible working arrangements for caring purposes.
As set out by Part 4, Section 31, of the Work Life Balance and Miscellaneous Provisions Act 2023, the Code of Practice shall be admissible in evidence in proceedings before a court, the Labour Court or an adjudication officer appointed under section 40 of the Workplace Relations Act 2015.
This 32 page document contains 3 sections, (1) Flexible Working, (2) Remote Working and (3) Policy and Request Application Templates. To view this Code of Practice see https://www.workplacerelations.ie/en/what_you_should_know/codes_practice/code-of-practice-for-employers-and-employees-right-to-request-flexible-working-and-right-to-request-remote-working/request%20flexible%20working%20and%20right%20to%20request%20remote%20working.html
FIRST ADVERSE RULING UNDER SICK LEAVE LAW MADE
On the 14 March 2024, the Irish Legal News reported on the ‘First Adverse Ruling under sick leave law made’.
In the case of Michael Broderick v North Quay Associates Limited ADJ-00048080, the employer admitted that it failed to comply with its statutory obligation and told the Workplace Relations Commission (WRC) that it had since paid the money owed.
However, the adjudication officer said the complainant was entitled to compensation, having been “frustrated and upset with the time and effort it took to be paid his legal entitlement”.
The sick leave was taken in July 2023 and the complainant did not receive a payment until January 2024, months after submitting the case to the WRC in September 2023.
The adjudication officer said “The employer failed to comply with the provisions of the Act and I find it just and equitable that the complainant is entitled to an award of compensation in the amount of €450.00.”
To view this article see https://www.irishlegal.com/articles/first-adverse-ruling-under-sick-leave-law-made
BULLYING IS STILL AN ISSUE IN THE LEGAL SECTOR – HOW LEGAL FIRM’S CAN HELP CHANGE THIS
On the 14 March 2024, the Law Society of Scotland published an article by LawCare Chief Executive, Elizabeth Rimmer titled “Why bullying is such a big issue for the Legal Sector?”
She states “Bullying remains a very common concern within the legal sector and in 2023 there was an alarming 95% increase in the number of people contacting LawCare for support because of bullying, harassment or discrimination at work.”
The article also discusses “why bullying thrives in the legal sector” and “impact of bullying”.
Elizabeth Rimmer also looks at “How do we change this?” and has set out the following:-
- Make sure you can recognise bullying behaviours – be aware that it can be more subtle than name calling or intimidation, it can be micro-management to setting unrealistic deadlines and systematic exclusion.
- If you know someone who is being bullied, reach out to them in private. Let them know that you acknowledge what they are experiencing and that it is not acceptable. Encourage them to document the incidents and signpost them to organisations, which can offer them support.
- Talk about bullying with your colleagues and leadership, as this helps to break down stigma. Ask for training on workplace bullying, communication, and conflict resolution.
- Talking about bullying at work and having a culture of openness.
- Making sure that people who are known bullies are not tolerated or rewarded, even if they are bringing in a lot of work and are otherwise successful.
- Including behavioural aspects of management in the appraisal process.
- Having regular training sessions about the signs of bullying, its impacts, and the importance of maintaining a respectful workplace.
To view this article in full see https://www.lawscot.org.uk/news-and-events/blogs-opinions/why-is-bullying-still-such-a-big-issue-for-the-legal-sector/
UK – AML CRACKDOWN – SRA REVEALS MORE FINES
On the 20 March 2024, the Law Society of England and Wales published a news article titled “AML crackdown – SRA reveals more fines”.
Firm 1 – Derby firm Beighton Singh Limited (trading as Beightons Solicitors) has been fined £19,482 for failing to have the right documents to prevent money laundering.
A desk-based review of the firm’s AML compliance had found various areas of concern around the risk assessment and policies, controls and procedures.
After investigators were called in, the firm was given compliance guidance and then implemented a new assessment and policies by October 2022.
The firm was found to have failed to ensure it was compliant for more than six years in total. The SRA said this breach of AML rules persisted for longer than was reasonable and for a ‘significant’ period of time.
Firm 2 – Woking firm TP Legal Ltd was fined £12,181 for failing to have in place a compliant risk assessment of AML policies for almost six years until May 2023.
The SRA said the risk of failing to comply with AML regulations was heightened by the significant proportion of in-scope conveyancing work undertaken by the firm.
Both firms were fined 2.4% of turnover based on the firm’s co-operation, remedy of the breaches and no evidence of actual harm.
To view this article see https://www.lawgazette.co.uk/news/aml-crackdown-sra-reveals-more-fines/5119120.article
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