Employment

At Alastair Purdy & Co we pride ourselves on our in house expertise provided in the area of employment law, covering all aspects of the employment relationship, from the management of contentious disputes to providing concise advices on legislative compliance.

We do not consider ourselves just your solicitors, but an integral part of your organisation

Our Employment Services

Advisory Services

The ongoing difficulty with employment law, is that the landscape for employers and employees is ever changing. With numerous updates to employment legislation each year and new standards set down by case law, employers are required to remain reactive. In achieving such, organisations should seek guidance at all times in light  of legislative and economic changes. At Alastair Purdy & Co, our employment team are experts in guiding employers through all aspects of the employment relationship. With our firm, we are in a position to provide tailored advices so as to meet a to meet the specific needs of an organisation.

What we provide

  • General guidance on employment law compliance
  • Disciplinary procedures and managing grievances
  • Anti-bullying and harassment procedures and complaints
  • How to handle a complex workplace investigation
  • Dealing with protected disclosures
  • Advising on the recognition on trade unions within the workplace and potential trade union disputes
  • Health and safety complaints
  • Sexual harassment within the workplace complaints
  • Remote working and flexible working conditions
  • Equality within the workplace
  • Working time, rest breaks and protective leave
  • Absence management
  • Data protection and GDPR governance within the workplace and the management of ross border data transfers
  • HR support services including, strategic training workshops, handbook and policy drafting and the provisions of all relevant HR documentation
  • Termination agreements and restive covenants
  • Redundancy and transfer of undertakings

 

Data Subject Access Solution

Two years since the implementation of the General Data Protection Regulations in 2016, the usage of Data Subject Access Requests (‘DSAR’) by employees has increased substantially. Often utilised in anticipation of contentious internal and/or external employment disputes, this once routine search for personal data has become somewhat complicated following the rebranding of the Data Protection Acts in 2018 and the modernisation of the defined term, ‘data’, particularly for organisations that do not have the necessary knowledge, tools or resources to meet that demand.

As a result, time spent complying with DSARs has increased dramatically for businesses, on average costing an employer in or around €5,000 per request. This seems to be directly correlated with the onerous nature of the Data Protection Acts 1988-2018 and the level of risk associated with non-compliance. As a consequence, employers have elected to error on the side of caution when discharging the DSAR, by seeking outside legal advices and assistance from 3rd parties to assess and redact irrelevant information so as to ensure that other personal data is not prejudiced.

What we provide

In order to simplify the process, Alastair Purdy & Co has introduced a bespoke solution to enable employers and businesses to conduct DSARs more accurately and expediently for their data subjects. With latest commercial tech, Alastair Purdy & Co shall provide the platform for your business to manage all DSARs, so as to alleviate any potential liability that may arise. As part of this risk management service, the firm will facilitate the transfer of employee data by way of a secure cloud transfer, examine all necessary documentation, categorise the employee data, electronically redact any unrelated prejudicial data that may expose the employer and present the finalised product in accordance with the mandated format.

Alastair Purdy & Co shall offer this service on a fixed fee basis per DSAR. Alternatively, you may elect to avail of our annual service, which includes the management and completion of unlimited DSARs throughout the year as part of the on-call subscription. For further enquires into the available packages, feel free to contact our offices.

Contentious Disputes

At Alastair Purdy & Co we pride ourselves on our in house expertise when providing  tailored advices in the area of employment law, covering all aspects of the employment relationship, from the management of contentious disputes to providing concise advices on legislative compliance.

We do not consider ourselves just your solicitors, but an integral part of your organisation.

We at Alastair Purdy & Co recognise that organisations in Ireland now more than ever, are faced with increasing claims from employees. To counteract such, the firms employment law team aim to assist clients in not only defending these complaints but also to help navigate businesses in mitigating a potential claim arising from any workplace incident during its infancy stage.

With our many years of experience representing employers, together with our pragmatic yet innovative approach, we endeavour to deliver the most commercially advantageous result for employers.

What we provide

  • Mitigating employee disputes by guiding employers through workplace investigations, all stages of the disciplinary process, management and review of protected disclosures and resolution of employee grievances:
  • Acting on behalf of employers in workplace mediation disputes:
  • Navigating employers when dealing with terminations and post termination matters, including negotiating severance packages for senior executives or enforcing post termination obligations:
  • Providing advice and representation before the Workplace Relations Commission, Labour Court and Civil Courts for defending claims across all areas of employment legislation, including: 
    • Unfair dismissals
    • Equality
    • Working time
    • Payment of wages
    • Protected disclosure
    • Sexual harassment and/or victimisation
    • Industrial relations
    • Health and safety
    • Penalisation
  • Providing advice and representation for employers before the Civil Courts in relation to: 
    • Breach of contract
    • Gender discrimination referrals
    • Workplace injunctions
    • Appeals from the Labour Court

Data Protection

Following wide spread reform with the implementation of GDPR in 2018, data protection is one of the most challenging and evolving areas facing organisations to date. At Alastair Purdy & Co we are equipment to provide expert advices and guidance for employers when navigating their way through internal data examination and security as well providing sufficient protection for organisations in avoiding potential data breaches.

What we provide

We are able to provide detailed advices on a number of areas:

  • GDPR and Data Protection compliance
  • Data management strategy, maintenance and security under relevance data laws
  • Data impact assessments
  • Drafting of Data Protection Workplace Policy, Privacy Statements, Data Retention Policy etc.
  • Drafting data controller to data processor agreements
  • Drafting of standard contractual clauses for transfer of data between EEA and third party countries
  • Guidance on Data access requests
  • Guidance and assistance with Data Protection Commissioner investigations, audits, and correspondence
  • Assessment of potential breaches and guidance on reporting data breaches to the DPC
  • The use of data for marketing purposes
  • Responding to Data Protection Commissioner correspondence, investigations and requests
  • Website compliance with data protection and European cookie laws
  • Guidance data protection injunctions and ensuring protection of unlawful disclosure and access of personal data
  • Defence of civil claims arising out of data breaches

Health & Safety In The Workplace

With the advancement of technology, our offices recognise that the traditional concept and understanding of the “workplace” has become more complicated than ever. With remote working and employees having instant access to their devices, the lines between employees working time and personal time have become blurred. As a result employers responsibility to ensure the health and safety of their employees, clients and potentially members of the public, have never been more onerous and critical. At Alastair Purdy & Co, we are in a position to guide and advise organisations through the obstacles presented by such modern day hurdles.

What We Provide

  • Guidance for employers through the provisions of the Health, Safety and Welfare at Work Act 2005 (as amended)
  • Guidance for employers on the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work Order 2020
  • Provision of Anti Bullying Workplace Policy, Flexible and Remote Working Policy
  • Working time and the maintenance of adequate working time records
  • Assistance with Safety Statements and Risk Assessments
  • Defence of heath and safety penalisation claims before the Workplace Relations Commission and Labour Court
  • Advice and guidance throughout all stages of the workplace accident and any potential injury thereafter
  • Management and guidance for organisations subject to inspections and prosecution by the Health and Safety Authority
  • Advice and guidance of remote working work stations for employees

 

Our team have extensive experience in supporting employers across a range of industry, not limited financial services, construction and food processing in defence of claims and inspections by the Health and Safety Authority as well claims for penalisation and working time before the before the Workplace Relations Commission and Labour Court.

Workplace Compliance

At Alastair Purdy & Co, our employment team understands that the prevention of contentious disputes starts at the beginning of the employment relationship. Therefore, we aim to advise and guide client’s through the totality of the relationship, identifying potential weakness and areas of improvement so as to meet the required standards under an ever changing employment law landscape. By providing practical and concise advises, we ensure that our client’s are able to comply with any potential inspection and audit.

 

What We Provide

Our employment team advises and assists employers on such areas as including:

  • Working time records
  • Data Protection
  • Data retention
  • Data subject access requests
  • HSA inspections/notices
  • COVID-19 compliance
  • WRC inspections
  • Collective redundancies
  • Work permits
  • In addition to the above, our employment team have vast experience in drafting a variety of employment law and HR documentation, including:
  • Drafting, reviewing and advising on proposed contract of employments
  • Drafting and reviewing of company handbooks
  • Drafting and reviewing individual company policies, not limited to grievance and disciplinary procedures, protective leaves, whistleblowing, health and safety, rest breaks, absences, redundancy, dismissal, CCTV, privacy notices, data protection and data retention.

Recent Works

  • Our employment team guided one of Ireland biggest vehicle distributors through a WRC inspection concerning a number of working time queries on start and finishing times for drivers, record keeping and rest breaks.
  • Alastair Purdy & Co, recently advised medium sized employer on a data impact assessment report and provided guidance in regards to the implementation to same.
  • Our firm has begun advising and implementing home working arrangements for a variety of small to medium sized businesses, by providing tailored made remote and/or flexible working policies.
  • Our firm regularly manages and guides employers in response to employee data subject access requests on behalf of employers.
  • Recently advised and guided a SME medical company through a collective redundancy.

 

 

On Call Services

For over 15 years, Alastair Purdy & Co have offered their clients an on-call client subscription service. The purpose of this service is to provide employers with ongoing employment law advices as well expertise on all areas concerning HR. By opting into this service, organisations can expect real time results without the concern of fluctuating costs.

 

Breakdown

As part of the on-call service – our firm will provide all organisations with an indemnity towards all advice and representation, should matters proceed to the adjudication, mediation or conciliation before the  Workplace Relations Commission or Labour Court.

The benefits of this service are that, rather than being fixed with large once off legal bills, organisations may  avail of ongoing employment law advice along with other advices fully catered for within the fixed monthly charge which allows clients to budget annually at a fixed cost for all their employment law and HR needs.

In determining the fixed monthly subscription applicable to your firm, a number of factors are taken into consideration such as the needs of the organisation and the number of employees employed.

 

What We Provide

Full details of the on-call subscription include:

  • On demand and ongoing employment law advices
  • Direct contact with a practicing solicitor and expert in employment law and HR, not limited to telephone consults, Teams Meetings and links to the assigned solicitors calendar
  • Tiered options of allotted time tailored to your organisation:
    • up to 8 hours a month
    • up to 15 hours a month
    • unlimited
  • Ongoing assessment of all internal employment documentation not limited to company handbooks, contracts of employment, senior executive agreements, compromise/ severance agreements and employment related forms
  • Tailored made employee handbook
  • Consultation and examination of all relevant HR documentation
  • Access to a wide range of employment and HR form templates, including the latest employment policies in areas such as COVID-19, Remote Working, Right to Disconnect, Anti-Bullying, Protected Disclosures and Data Protection
  • Provision of monthly updates regarding all matters of employment law, including legislative changes, government announcements, codes of practice and employment legislation
  • Unlimited Representation before the Workplace Relations Commission, Labour Court and any enforcement proceedings before the District Court (excluding outlay)
  • Reduced legal costs in respect of the client’s own costs before the Circuit Court and High Court.

 

Workplace Investigations

At Alastair Purdy & Co, we offer businesses comprehensive experience in resolving internal organisational disputes. We are therefore the leading law firm of choice when it comes to independent workplace investigations.

 

What We Provide

We understand the sensitive nature of workplace issues and the damage it may cause to a working environment. Our team of experts endeavour to work with our clients to effectively resolve these issues and achieve a sustainable solution for all parties involved.

 

Our firm’s experience in respect investigation extends to the following areas:

  1. Bullying;
  2. Harassment and/or sexual harassment;
  3. Misconduct;
  4. Grievances; and
  5. Protected disclosures.

 

In conducting such investigations, our firm will ensure a balanced and impartial approach at all times.

 

Our services in this area include: 

  1. Detailed terms of reference guiding the investigation;
  2. Thorough and professional interviews with the relevant parties;
  3. Evidence based decision making;
  4. Confidentiality and data security;
  5. Comprehensive investigation report together with findings and recommendations.

 

 

WE ARE A NATIONAL LAW FIRM, WITH SOLICITORS IN DUBLIN, GALWAY & LIMERICK

Get in touch with one of our solicitors today.

091 56 57 65

info@purdyandco.ie

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APC Solicitor Location Galway