We have outlined below key upcoming dates for employers.

17 December 2023

Protected Disclosures

The Protected Disclosures (Amendment) Act 2022 (the “Act”) came into effect from 1 January 2023.  As a result, all private sector organisations with 250 or more employees were required to establish formal reporting channels and procedures for workers to make protected disclosures. The threshold did not apply to employers who were public bodies or who fell within the scope of the certain European Union legislation. Such employers, regardless of size, had to comply with the obligations contained in the Act from 1 January 2023.

From 17 December 2023, the obligations under the Act will apply to organisations with between 50 and 249 employees. Our detailed briefing on employers’ obligations under the Act, is available here: Protected Disclosures (Amendment) Bill 2022 goes to the President to be signed into law.

See also: Employer Alert: New Statutory Guidance on Protected Disclosures Act for Public Bodies.

29 December 2023

Individual Accountability Framework

The Central Bank (Individual Accountability Framework) Act 2023 provides for the establishment of the Individual Accountability Framework (“IAF”), including the Senior Executive Accountability Regime.

Conduct Standards

From 29 December 2023, the conduct standards will apply:

• (in the case of the Common Conduct Standards) to all persons performing controlled function (“CF”) roles in regulated financial services providers (“RFSPs”); and
• in the case of the Additional Conduct Standards, to persons performing PCF roles within RFSPs, and to “other persons who exercise significant influence on the conduct” of an RFSP’s affairs including controlled function 1 (“CF1”) role-holders.

From 29 December 2023 onwards, individuals subject to the above conduct standards are expected to take reasonable steps to comply with them. The Central Bank has published Guidance to help individuals understand how to meet those standards.

Enhanced Fitness and Probity Regime

The IAF also modified the Central Bank’s existing fitness and probity (“F&P”) regime which applies to individuals performing PCF and CF roles in RFSPs. The enhancement to the F&P regime will be effective from 29 December 2023. For our latest IAF-related insights and podcasts, and information on how Arthur Cox’s experienced team can help you navigate the new framework, go to www.arthurcox.com/iaf

1 January 2024

Statutory Sick Leave

An employee’s entitlement to paid statutory sick leave will increase from three days to five days from 1 January 2024. Read our recent briefing here: Employer Alert: From 1 January 2024 Paid Statutory Sick Leave Will Increase To 5 Days.

National Minimum Wage

The national minimum wage will increase from €11.30 to €12.70 from 1 January 2024.

End of January 2024

Code of Practice – Remote Working and Flexible Working Arrangements

The Minister for Enterprise, Trade and Employment recently confirmed that the Code of Practice on the right to request remote working and flexible working arrangements is expected by the end of January 2024. 

The Code of Practice is being developed by the Workplace Relations Commission and will provide practical guidance to employers and employees on dealing with these requests under the statutory framework in the Work Life Balance and Miscellaneous Provisions Act 2023 (“2023 Act”).

The 2023 Act introduced, amongst several other employee entitlements, the right of all employees to request remote working and the right of parents and carers to request flexible working arrangements.  The implementation of these rights is expected following publication of the Code of Practice.

Our previous briefings on the other rights introduced by the 2023 Act are available as follows:

• Work Life Balance and Miscellaneous Provisions Bill 2022 goes to the President to be signed into law
• New Employment Rights to Come into Force on 3 July
• Domestic Violence Leave to be Effective from 27 November

For more information on any of the above topics please contact a member of the Employment Group.

The content of this briefing is provided for information purposes only and is not legal or other advice.