COVID-19 Practical Considerations: Employment FAQ - Arthur Cox
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EMPLOYMENT
COVID-19 Practical Considerations:
Employment FAQ
9 June 2020
Following the Government’s announcement that Ireland can move
to Phase 2 of the Roadmap for Reopening Society and Business on 8
June our Employment and Privacy teams have updated the responses
to these frequently asked questions in order to provide up to date
guidance to employers.
Government guidelines are changing economic impact of COVID-19. Phase 5 • Meeting other people: Groups of up
frequently, therefore it is imperative that has been removed and, as such, there are to 6 people from outside a household
employers check the most up to date two further phases anticipated both of a 3 can meet (indoors or outdoors) for
advice from the relevant government week duration. social gatherings. Organised outdoor
authority before implementing any exercise, sporting, cultural or social
particular approach. Phase 3 is due to commence on 29 activities of up to 15 people may take
June with Phase 4 beginning on 20 place.
July. Progression through the phases
COVID-19 RESTRICTIONS remains subject to COVID-19 infection • Shops: All retail outlets can reopen
levels remaining low. All businesses are at Phase 2, but opening times will be
COVID-19 restrictions were first put in
expected to be open from 20 July once staggered to relieve pressure on public
place in Ireland from 13 March and were
they are in a position to implement the transport. However shopping centres
increased over the following weeks as
safeguards in the Protocol and any sector can only re-open on 15 June in line
all but essential service providers were
specific guidance that may be issued. On with the expected NSAI guidelines to
required to close and people’s daily
1 June the HSE Health and Protection be published. These guidelines will
movements were considerably restricted.
Surveillance Centre (HPSC) published supplement the NSAI’s existing Retail
In May, the Government published a specific COVID-19 guidance for the Protection and Improvement Guide
Roadmap for Reopening Society and childcare sector (available here) which will (available here).
Business which set out a 5 phase lifting be reopening from 29 June. The National
Standards Authority of Ireland (NSAI) will • Work from home: The importance of
of the COVID-19 restrictions, along with
publish guidelines for shopping centres in continuing to work from home where
a Return to Work Safely Protocol to
advance of their large scale reopening on possible was stressed.
support employers and employees in
implementing measures to prevent the 15 June. NPHET is expected to develop • Transport: People should only
spread of COVID-19 in the workplace. guidance for the hospitality sector by 29 use public transport if absolutely
Our briefing on the Protocol is available June when many hotels, restaurants and necessary and wearing a face covering
here. bars (only those serving food) can reopen. is recommended. Public transport
capacity will be limited because of social
From 8 June - Phase 2 of the Roadmap distancing requirements.
Reopening Society and Business
Ireland moved to Phase 2 of the Roadmap The Taoiseach’s announcement is
On 5 June progression to Phase 2 of
on 8 June. The Government stressed the available here with further details on
the Roadmap for Reopening Society
following 5 points for Phase 2: Phase 2 available from the Department of
and Business was announced effective
the Taoiseach’s website here.
from 8 June. The Government also • Stay Local: Individuals can travel
announced an acceleration of the existing within their own county, and up to 20
Roadmap based on recommendations kilometres from their home if crossing
of the National Public Health Emergency county boundaries. National travel
Team (NPHET), medical evidence and limits will be lifted from 29 June.
Government reports on the social and
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COVID-19 Practical Considerations: Employment FAQ 9 June 2020
STATE SUPPORTS FOR Phase 1 – Transitional Phase • Tapering Exception: Where the
EMPLOYERS AND EMPLOYEES Phase 1, which applied until 4 May, was ARNWP does not exceed €412, the
intended to be a short, transitional phase employer may pay an additional
COVID-19 Temporary Wage Subsidy during which employers were refunded gross payment such that the gross
Scheme based on the employee’s average net pay plus the temporary wage
weekly pay as follows: subsidy does not exceed €350
In response to the COVID-19 crisis, the
per week. The effect of this is that
Government introduced the COVID-19
• For employees who earned less than an employee earning less than
Temporary Wage Subsidy Scheme, which
or equal to €586 per week net, the €412 per week will not have their
was initially available to employers for
subsidy was capped at the level of 70% wage subsidy tapered where the
12 weeks from 26 March. On 5 June
of previous average weekly take home combined wage subsidy plus their
it was announced that the scheme
pay, to a maximum of €410 per week; gross pay does not exceed €350.
would be extended to 10 August 2020.
and
It is available to employers who keep • Where the ARNWP is more than
employees on the payroll throughout the • For employees who earned over €586 €412 but not more than €500, a
COVID-19 pandemic, meaning employers but less than or equal to €960 per week subsidy of €350 is applicable.
can retain links with employees for net, the subsidy was capped at €350.
when business picks up after the crisis. • Where the ARNWP is more than
Employers are encouraged to facilitate In addition, from 16 April, the wage €500 but not more than €586,
employees by operating the scheme, subsidy is available to support employees a subsidy of 70% of ARNWP is
by retaining employees on their books where their pre-COVID-19 salary was applicable to a maximum of €410.
and by making best efforts to maintain greater than €76,000, and their post-
employees’ net income as close as COVID-19 salary had fallen below
€76,000, subject to the following tiered (b) For employees with an ARNWP of
possible to normal net income for the greater than €586 per week but not
duration of the subsidy period. arrangements and tapering to ensure
that the net pay did not exceed €960 more than €960 per week:
General information on the operation of per week. In these cases, where the Where the eligible employee’s ARNWP
the scheme is available from Revenue employee’s earnings have now been is greater than €586 per week but
here. reduced by: not more than €960 per week and
• less than 20%, no subsidy is payable; the employee’s current gross pay, as
Which employers are covered by reported in the payroll submission, is:
the scheme? • between 20% and 39%, a subsidy of up
to €205 is payable; and • not more than 60% of the ARNWP, a
The scheme is available to employers subsidy of €350 is applicable.
from all sectors (excluding the public • 40% or more, a subsidy of up to €350
service and non-commercial semi-state is payable. • more than 60% and not more than
sector) whose business activities are being 80% of the ARNWP, a subsidy of
adversely impacted by the COVID-19 In order for Revenue to be able to get the €205 is applicable.
pandemic. Employers must retain their scheme up and running quickly, it advised
that, during Phase 1, employers would • more than 80% of the ARNWP, no
employees on payroll; some staff may be subsidy is payable and J9 PRSI class
temporarily not working or some may be be refunded a flat rate of €410 per week
for each eligible employee, regardless should not be applied.
on reduced hours and/or reduced pay.
of the amount of the subsidy to which
In order to qualify for the scheme, individual employees were entitled under (c) For employees with an ARNWP of
employers must self-declare to Revenue the scheme. Where the €410 subsidy more than €960, and current gross
that they have experienced significant received by the employer exceeded the pay is below €960 per week:
negative economic disruption due to subsidy that the employee is entitled
COVID-19, with a minimum of 25% to, employers were advised to retain The wage subsidy is available to
decline in turnover, and an inability to the excess of the subsidy received from support employees whose ARNWP
pay normal wages and other outgoings Revenue, as recoupment of any amounts is more than €960, and their current
fully, in accordance with the guidance overpaid to employers by Revenue during gross pay is below €960 per week.
published by Revenue on employer the transitional phase would occur in Where the employee’s current
eligibility and supporting proofs which Phase 2. Information on the operation of gross pay, as reported in the payroll
is available here. Advices and guidance the transitional phase of the scheme is submission, represents:
from Revenue are updated as practical available from Revenue here.
considerations arise in implementing • not more than 60% of the ARNWP, a
the subsidy. Our most recent Employer subsidy of up to €350 is applicable
Alert on recent clarifications by Revenue Phase 2 – Operational Phase (This is Tier 1).
on the Operational Phase of the scheme On 15 April, the Government announced
significant changes to the Temporary • more than 60% and not more than
is available here. The scheme applies to
Wage Subsidy Scheme for Phase 2, the 80% of the ARNWP, a subsidy of
employers who top up employees’ wages
operational phase of the scheme. From €205 is applicable (This is Tier 2).
and to those that are not in a position to
do so. 4 May, for eligible employees, the wage • more than 80% of the ARNWP, no
subsidy rates are as follows: subsidy is payable and J9 PRSI class
What is the level of subsidy under should not be applied (This is Tier 3).
the Scheme? (a) For employees with an Average For such employees, the maximum
The scheme will operate in two phases. Revenue Net Weekly Pay (ARNWP) additional gross payment an employer
of not more than €586: can make, to receive the full subsidy, is
• Where the ARNWP does not exceed the difference between €960 and their
€412, a subsidy of 85% of ARNWP, to maximum weekly wage subsidy.
a maximum of €350, is applicable.
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COVID-19 Practical Considerations: Employment FAQ 9 June 2020
Guidance from Revenue on the re-opens for business on a phased basis. Perhaps stating the obvious, employees
operational phase of the scheme is who are sick cannot be asked to work
available here. In addition, Revenue’s Employers and employees both have a from home and where an employee is
sample calculator to demonstrate the general duty of care to ensure the safety, absent due to sick leave, the employer’s
calculation of the wage subsidy is available health and welfare at work of employees/ normal sick leave/sick pay rules should
here. Our COVID-19 Employer Alert on the colleagues as far as reasonably apply. If an employee is medically unfit for
operational phase is available here. practicable, under the Safety, Health work, they must not be required to work
and Welfare at Work Act 2005. These remotely or otherwise.
obligations are in addition to common
WHO CAN ACCESS THE law duties of care. Self-isolation is not sick leave, it is a
COVID-19 PANDEMIC precautionary measure, although it is
Exposure to COVID-19 may present possible the employee may become sick
UNEMPLOYMENT PAYMENT? a health risk to employees and other over the period of isolation. For more
Where the Temporary Wage Subsidy persons at a workplace. The COVID-19 information on sick leave and sick pay,
Scheme is not available, employees pandemic has now changed the steps an see section on Entitlement to Pay.
will be able to access the COVID-19 employer will reasonably be required to
Pandemic Unemployment Payment. Since take, to discharge its duty under the 2005
its introduction on 13 March, the PUP Act. ENTITLEMENT TO PAY
has been €350 per week for all eligible
employees. It was announced on 5 June Our briefing on the COVID-19 Return to
Work Protocol which is available here, Are employees entitled to pay if they
that from 29 June a two level payment
considers the additional obligations are in self-isolation?
structure will operate, linking the payment
to an employee’s prior earnings. now imposed on employers who will Employees’ pay entitlements during
be opening their workplaces over the periods of illness related absence will
• Employees whose prior earnings were comings months as restrictions are lifted depend on the terms of their contract of
€200 per week or higher will receive on a phased basis. employment and the employer’s sick pay
€350 per week; and rules. There is no statutory entitlement
In preparing to re-open workplaces,
• Employees whose prior earnings were to paid sick leave in Ireland. For more
employers should take into account the
up to €199.99 per week will receive information on changes to the State
Protocol as well as the most up to date
€203 per week – the primary rate of Illness Benefit for those affected by
official advice and guidance from the
payment of the Jobseeker’s Benefit COVID-19, see section on State Supports
Health Service Executive, Department
scheme. for Employers and Employees. Employers
of Health and the Health Protection
may wish to review existing “sick pay”
Surveillance Centre on how to mitigate the
This PUP is also available to the self- polices to refer to any social welfare
health risk to employees and others at the
employed. benefit received in this context and align
place of work.
those payments with any sick pay rules.
As the Department of Employment
Guidance for employers on COVID-19
Affairs and Social Protection (DEASP) has The Department of Public Expenditure
from the Health and Safety Authority is
been experiencing significant volumes of and Reform has confirmed that Civil and
available here. Our Health and Safety
jobseeker applications the payment has Public Service employees are entitled
Group’s briefing on HSA Advice on
a simplified application process. More to special leave with pay in the event
COVID-19 is available here. Our Employer
information on the payment, and how that they contract COVID-19 or if they
Alert on recently published HSA templates
to qualify for it, is available on DEASP’s are forced to self-isolate following
and checklists to assist employers and
website here. recommendation by the Government/
workers prepare to return to work in line
HSE. However, there is no such
with the Protocol is available here.
entitlement for employees generally.
What changes were made to Illness
Benefit for those affected by COVID-19? If an employee is unable to work due
WORKING REMOTELY to self-isolation on foot of HSE advice,
Changes were made to Illness Benefit
for those affected by COVID-19. The it may be considered good practice for
current 6-day waiting period for Illness Should my employees continue to work their usual sick leave entitlements to
Benefit does not apply to anyone who remotely/from home? apply, however that is not compulsory.
is diagnosed with COVID-19 or is a Government guidance is clear that all Suspending pay where an employee
probable source of infection of COVID-19. employees that can work remotely has been advised to self-isolate could
In addition, the personal rate of Illness from home should continue to do so open an employer to a claim under the
Benefit has increased to €350 per week throughout all 4 phases of the lifting of Payment of Wages Act 1991 on the basis
for a maximum of 2 weeks medically- restrictions. that pay is “properly payable”. While
required self-isolation or for the full such a claim would not be a certainty
duration of absence from work following a Guidance from the HSA for employers and for an employee, it is not difficult to
confirmed diagnosis of COVID-19. employees in relation to home working envisage the WRC looking at future cases
on a temporary basis during COVID-19 with the benefit of hindsight and having
crisis is available here. An employee who sympathy for employees who have
PROTECTION OF EMPLOYEES is working remotely and who is fit for acted proportionately and responsibly.
work should carry out as much of their Questions such as who imposed the
What measures should I take to normal duties as is practicable. Ideally, isolation (employer or employee), the
protect employees? this will be an arrangement by agreement. extent to which the employee can
It is important that the employee has an perform his or her duties and if the
On 9 May, the Government published appropriate/safe working environment at employee has refused to perform
the COVID-19 Return to Work Protocol home. Employers should provide practical his or her duties will all be material
which is designed to assist employers and support and assistance to ensure that considerations.
workers in working together to suppress employees have the capability to work
COVID-19 in the workplace as Ireland remotely in a safe environment.
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COVID-19 Practical Considerations: Employment FAQ 9 June 2020
What if an employee does not want to on this and other relevant Government GUIDANCE FOR EMPLOYERS
return to work? announcements on 29 May is available ON BUSINESS DISRUPTION,
If your business premises are permitted here. LAY-OFF AND SHORT-TIME
to open at any point during the 4 Phases While an employer does have a duty of
in the Government’s revised Roadmap, What happens if I must close some
care to provide a safe place to work, a
and it is not practical for home/remote or all of my operations and require
refusal to work by an employee without a
working you will need to adhere to the employees to work from home?
valid reason, could lead to withdrawal of
Return to Work Safely Protocol to ensure pay or disciplinary measures. Under current Government advice,
the safety of your employees on their people should continue to work from
return to work. If an employee is reluctant home if at all possible. Given this advice,
to return to work, it is important to TRAVEL ADVICE the requirement for individuals to work
engage with the employee to understand from home is clearly a proportionate
the reasons for their concerns, which may Can I prohibit employees from response to the situation.
include, physical or mental health issues travelling?
or lack of childcare. However, proactive engagement and
The Government continues to advise communication with employees is still
Under the Protocol, if an at risk or against all non-essential travel within the important to reduce the risk of any claims
vulnerable worker (e.g. pregnant country or overseas. This applies to Great for alleged discrimination or breach of
workers or those with underlying health Britain but not Northern Ireland. It also contract.
conditions) cannot work from home and includes all cruise ship travel. Anyone
must be in the workplace, employers coming into Ireland, apart from Northern It should be noted that if the employee is
are obliged to ensure that they are Ireland, will be required to self-isolate ready, willing and available for work, and it
preferentially supported to maintain a on arrival for 14 days and to complete a is the employer who seeks to suspend the
physical distance of 2 metres. However, Public Health Passenger Locator Form. contract of employment (and in particular,
employers should enable such employees This includes Irish residents. Essential pay), there may be consequences for the
to work from home where possible. supply chain services such as hauliers, employer. However, these consequences
pilots and maritime staff are exempt. Up are less likely to materialise where
The Protocol also stresses the importance to date information is available on the the employer is following the latest
of employer-worker engagement, Department of Foreign Affairs here. Government/HSE guidance. Conversely,
communication and training and it is an employee cannot elect to “opt out” of
advised that employers are flexible in their contract of employment where the
relation to supporting employees in their Employers should prohibit all non- employer is following the latest guidance.
return to work. essential business travel by their
employees.
Employers should listen to concerns of What is “lay-off” and what is
While employers cannot prevent
employees and explore all reasonable “short-time”?
employees from travelling in a personal
and practical solutions. Employers The impact of COVID-19 on the economy
capacity, there are very limited
may be able to offer flexible working means that many employers are now
circumstances under which they will
arrangements or agree with employees considering whether to lay off employees
currently be entitled to travel overseas
that they take annual leave or unpaid or put them on short-time for longer
under the current Government COVID-19
leave. Some employees may look to periods of time.
restrictions. Therefore, it is advisable
commence maternity leave early or take
to ask all employees to inform their In certain circumstances, if employees
parental leave or other forms of leave. All
managers if they are planning to travel are laid off or put on short-time, they
requests should be looked at reasonably,
outside of Ireland. may be entitled to a payment under
particularly in light of the Government
restrictions and the Protocol. Best practice suggests the employee’s the Redundancy Payments Acts 1967-
normal contractual sick leave entitlements 2014. This payment is separate to any
On 29 May, the Government announced State benefit that such employees may
be applied for the mandatory 14 day
that the opening of childcare services be entitled to when laid off or placed
self-isolation period, as supplemented
would be brought forward to 29 June for on short-time. For more information on
by the Government’s extended social
an expanded list of employees. It was these State benefits, see section on State
welfare benefits. However, the decision
previously intended that such services Benefits for Employees on Lay-Off or
on whether to pay or not may still
would only be available to workers of Short-Time.
require case by case consideration e.g.
essential service providers from 29 June.
if the employee travelled contrary to the In order to qualify for redundancy
While it seems unlikely that all childcare
employer or Government restrictions. payments, the lay off or short-time must
services will be available on a full-time
basis in the near future, the acceleration It must be noted that employees are also come within the specific definitions
of the opening of such services means responsible for ensuring that they do not contained in the Redundancy Payments
that more employees will now be in a pose a threat to the safety of others at Acts 1967-2014. For the purposes of the
better position to return to work sooner work under the Safety, Health and Welfare Acts, lay-off occurs where an employer
than was expected. The bringing forward at Work Act 2005. is temporarily unable to provide an
of the opening of childcare services will employee with the work for which they
benefit employees whose workplaces are Finally, it is worth noting that the were employed. Short-time occurs where
open under the Roadmap as well those Government has a range of further an employee’s hours of work or pay are
that will continue to work from home. control mechanisms available to it under reduced to less than 50% of normal weekly
This also demonstrates the importance public health legislation should such working hours or normal weekly pay.
for employers to be up to date with all controls become necessary.
relevant Government guidance when
engaging with employees in relation to
a return to work. Our Employer Alert
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COVID-19 Practical Considerations: Employment FAQ 9 June 2020
In both cases the employer must Is an employee on lay-off or short-time the COVID-19 Pandemic Unemployment
reasonably believe that the situation entitled to a statutory redundancy Payment or other Jobseeker’s Payments,
will not be permanent and must payment? as appropriate. Further information on
give employees notice to this effect. Traditionally, if an employee had been the different payments available and
The legislation does not stipulate a laid off or on short-time for (i) 4 or more eligibility requirements is available here.
minimum period of notice. Exceptional consecutive weeks, or (ii) 6 or more
circumstances, such as the COVID-19 Employees who are put onto short-
weeks within a 13-week period of which time working by their employer due to
pandemic, are likely to justify a short not more than 3 are consecutive, the
notice period. COVID-19 may apply for a Short Time
employee was entitled to notify their Work Support payment. For example, if
The employer’s reasonable belief employer in writing of their intention to an employee’s working week has been
regarding the temporary nature of claim a statutory redundancy payment reduced from a 5-day work pattern to a
the period of lay-off or short-time will assuming they satisfy the qualifying 3-day work pattern, the employee may
be construed in accordance with the criteria, for example, having at least 2 be entitled to receive support under
circumstances prevailing when the year’s continuous service. the Short Time Work Support under
decision is made. However, in a move that was welcomed the Jobseeker’s Benefit scheme for the
by many employers, the Emergency other 2 days. Further information on
A period of lay-off should not be the payments available and eligibility
confused with sick leave or a period of Measures in the Public Interest COVID-19
Act 2020, , amended the Redundancy requirements is available here.
self-isolation in accordance with current
HSE guidelines. For more information on Payments Acts 1967-2014 suspending,
sick leave, sick pay and self-isolation, see from 13 March to 31 May the entitlement Has the Government put in place
section on Entitlement to Pay. of an employee, who has been laid off or any additional measures to assist
kept on short-time due to the effects of employers and employees as a result
Employers should exercise care when measures required to be taken by his or of the disruption caused by COVID-19?
selecting employees for lay-off or short- her employer in order to comply with, or
time, apply objective selection criteria and For more information on the measures
as a consequence of, Government policy
be mindful of not discriminating, directly put in place to assist employers and
to prevent, limit, minimise or slow the
or indirectly, against employees on any employees, please see section on State
spread of infection of COVID-19, to make
of the nine grounds prohibited by the Supports for Employers and Employees.
this notification to his/her employer.
Employment Equality Acts 1998-2015.
On 29 May, it was announced that the
suspension of the provisions under the DATA PROTECTION/PRIVACY
Am I legally obliged to pay my Acts would be extended until 10 August. CONSIDERATIONS
employees during a period of lay-off or Can I impose mandatory checks on
short-time? employees? Are there data protection/
Can I require employees to take annual
At common law an employer cannot privacy concerns?
leave at this time? Are there other
unilaterally place an employee on unpaid options available?
lay-off or short-time working with reduced Where additional information is requested
pay unless there is an express contractual An employer can decide when employees from employees regarding their health
right to do so. An example of an express take their annual leave provided the or travel there must be a valid lawful
term is a provision in the employee’s employer takes account of the employee’s basis for doing so under both Articles 6
individual contract of employment or in a family responsibilities, opportunities for and 9 of the GDPR. Any information that
collective agreement which applies to the rest and recreation and consults with is collected must also be necessary and
employee concerned. employees (or their trade union) at least proportionate for the purpose of ensuring
one month in advance. It is of course the safety and health of employees. This
Alternatively, the employer might have open to employees to waive the one- means excessive information gathering
an implied right to do so, for example, month notice period and take the annual or sharing, over and beyond what is
pursuant to an established custom and leave on a voluntary or agreed basis, required to determine if an employee
practice within the employing entity notwithstanding the absence of that poses a material risk or has the virus and
of laying employees off without pay in notice. to protect other colleagues, is not lawful.
circumstances of economic downturn or Employers should also be transparent
other periods of financial hardship. Employers can also facilitate requests
from employees to take annual leave in about any new practices that involve
Furthermore, there have been first order to discharge family obligations they processing of additional information that
instance decisions in relation to claims have as a result of the current school may not be covered in existing employee
under the Payment of Wages Act 1991, closures. Other options that can be privacy notices which may need review or
which found that even where there was explored are facilitating parental leave temporary amendments.
no contractual right to impose lay-off or other unpaid leave or employees As a reminder, employers should be wary
and no evidence of custom and practice commencing maternity leave early. of relying on consent to request health
in the employment concerned, that or travel information from an employee
the employer may still be permitted to as the employee may feel they do not
lay off employees without pay. In one STATE BENEFITS FOR
have a genuine choice in which case the
such case the rationale for the decision EMPLOYEES ON LAY-OFF OR
consent would not be valid. However,
was expressed as follows: “It is a well- SHORT-TIME
health information may be processed
established practice in this jurisdiction that What benefits are available to without the consent of the employee on
lay-off without pay is operable where an employees on lay off or short-time? the basis of certain exemptions, the most
employer can demonstrate it has been the common of which is where processing
custom and practice of the trade and/or Employees who are laid off by their of this information is necessary and
workplace and that the custom must be employer due to a reduction in business proportionate for specific employment
reasonable, certain and notorious”. activity related to COVID-19 may apply for law obligations (such as the obligation
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COVID-19 Practical Considerations: Employment FAQ 9 June 2020
to ensure the safety and health of Although the Data Protection Commission into law by the President on 20 March
employees). has not yet issued any guidance on how 2020. The Act allows the Government to
employers can adhere to the Protocol impose restrictions on travel, prohibit the
Employers should also be vigilant of in compliance with data protection law, holding of events, allow the designation of
employee confidentiality and ensure in its guidance on data protection and affected areas, provide for the temporary
where an employee has confirmed they COVID-19, available here, it noted, “in closure of places, and for the detention
have the virus that their identity is not circumstances where organisations are and isolation of persons in certain
shared with other employees. While, it acting on the guidance or directions circumstances.
may be necessary to ask other employees of public health authorities, or other
in contact with this person to work from relevant authorities, it is likely that Article The Emergency Measures in the Public
home, this may be communicated as a 9(2)(i) GDPR and Section 53 of the Data Interest Covid-19 Act 2020 was signed
general direction without including any Protection Act 2018 will permit the into law by the President on 27 March
identifying details. processing of personal data, including 2020. The Act, for the duration of this
health data, once suitable safeguards are emergency, will: freeze rents, prevent
As always, all employees should be evictions, make it easier for health care
treated equally regardless of nationality, implemented.”
professionals to re-register and return
race or ethnicity. Employers should We recommend that employers continue to work, and enable former members
also be aware of the risk of bullying or to exercise caution in considering of our Defence Forces to rejoin at the
harassment in the workplace towards temperature checking as a matter of rank they left. For more information on
people of certain ethnicities and people course and should continue to keep this legislation, please see our COVID-19:
who have travelled to high risk countries. abreast of Public Heath advice in this Key features of Irish emergency health
regard. Our article on data protection and legislation and COVID-19 Practical
Can I carry out temperature checks COVID-19 is available here. Considerations: New Legislation
on employees? Assists Residential Tenants but Creates
The Return to Work Safely Protocol Uncertainty for Commercial Property
FURTHER EMERGENCY briefings.
provides that employers should MEASURES
implement temperature testing in line
with Public Health advice. As it currently
stands, there is no Public Health advice What further emergency measures The authors would like to thank Aisleen
that requires employers to submit have been implemented? Ryan for her contribution to this article.
employees (outside of the healthcare and The Health (Preservation and Protection
residential care settings) to mandatory and other Emergency Measures in the
temperature checking. Public Interest) Act 2020 was signed
KEY POINTS
As the situation is constantly evolving, these advices will be updated from time to time to
try and keep abreast of the latest developments.
• It is essential that employers keep themselves constantly up-to date with HSE
recommendations and Government guidance as the situation evolves daily
and sometimes more frequently.
• Employers should provide practical support and assistance to enable
employees to work remotely, where possible.
• Communication and proactive engagement with employees is key.
• Employers should prohibit all but essential business travel.
• Employers should implement the measures in the Return to Work Safely Protocol.
• Stress test business continuity plans in line with the Government Protocol.
• Review/implement flexible working measures.
• Review sick/absence and sick pay policies in light of the changing environment
and to align with revisions to social welfare benefits and eligibility.
• Review existing privacy policy/notice to ensure it is adequate in light of any
additional measures being considered.
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7 COVID-19 Practical Considerations: Employment FAQ 9 June 2020 EMPLOYMENT Séamus Given Kevin Langford Cian Beecher Partner, Employment Partner, Employment Partner, Employment +353 1 920 1210 +353 1 920 1226 +353 1 920 1193 seamus.given@arthurcox.com kevin.langford@arthurcox.com cian.beecher@arthurcox.com Louise O’Byrne Sarah Lawn Niamh Fennelly Partner, Employment Associate, Employment Associate, Employment +353 1 920 1185 +353 1 920 1769 +353 1 920 1392 louise.obyrne@arthurcox.com sarah.lawn@arthurcox.com niamh.fennelly@arthurcox.com Sarah Faulkner Associate, Employment +353 1 920 1296 sarah.faulkner@arthurcox.com LITIGATION, DISPUTE RESOLUTION AND INVESTIGATIONS TECHNOLOGY Richard Willis Colin Rooney Ciara Anderson Partner, Litigation, Dispute Resolution Partner, Technology Associate, Technology and Investigations +353 1 920 1194 +353 1 920 1347 +353 1 920 1154 colin.rooney@arthurcox.com ciara.anderson@arthurcox.com richard.willis@arthurcox.com Dublin Belfast London New York San Francisco +353 1 920 1000 +44 28 9023 0007 +44 207 832 0200 +1 212 782 3294 +1 415 829 4247 dublin@arthurcox.com belfast@arthurcox.com london@arthurcox.com newyork@arthurcox.com sanfrancisco@arthurcox.com arthurcox.com
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