The Workplace Relations Commission awarded over €34,000 in compensation for unfair dismissal to a language teacher who was dismissed on the grounds of redundancy.

The Adjudication officer (AO), in ruling in favour of the complaint, was particularly critical that the company did not engage in any form of consultation with the employee or make any attempt to explore alternatives. It was also negatively viewed that the claimant failed to receive a redundancy lump sum until seven months after the redundancy had taken place and also that her P45 was not issued, which led to her encountering problems in securing social welfare assistance/another job. In making the award, in addition to the redundancy lump sum already paid, the AO held:

“All in all, the complainant has been treated shabbily by her former employer. The manner in which she was dismissed was unfair: procedures were non-existent and the rules of natural justice ignored.”

From this case, it is clear that it is of utmost importance that an employer follows a fair and transparent process when implementing any redundancy. I have set out below some of the key steps in a redundancy procedure: 

• Engage with employees at an early stage regarding any proposed redundancies, explaining the rationale and getting agreement on the selection method that will be used
• Before any compulsory redundancies are implemented, explore all alternatives such as voluntary redundancy, reduced hours, lay off etc
• Consider redeployment to any alternative positions that might be available within the organisation
• Consider any proposals put forward by the employee(s) concerned and explore these fully with the employee
• Give the employee(s) a right to apply for and to be considered for any new roles being created
• Ensure notes are taken at each meeting and request that the employee(s) sign these to confirm they are an accurate reflection of the items discussed
• Give the employee(s) an option to be accompanied at the meetings
• Consider offering a right to appeal the redundancy decision.

For further information on redundancy, consult the SFA guideline or contact Ciara McGuone, SFA Executive, on 016 05 1668 or ciara.mcguone@sfa.ie.

There are over 80 different government supports available to small businesses but many of them are not well known or understood. Each week in the SFA e-zine, we will profile a different support that could improve your business, giving you information and advice.

Job Expansion Fund

What? 

Financial support of up to €150,000 (max. €15,000 per employee) for the recruitment of at least three new employees over and above a company’s base employment position.

The fund is available to Enterprise Ireland client companies that fulfil certain criteria:

• Adding at least three new full time jobs
• Contracts must be permanent or fixed term contracts of at least three years
• No displacement of existing jobs
• Minimum increase in company turnover of €350,000 in the two years following the award of the grant
• Base number of jobs and new jobs must be retained for at least three years

The maximum grant support per job is €15,000, with the percentage of funding depending on where the company is based:

• Cork, Dublin, Kildare (excl. Athy), Meath (excl. Kells), Wicklow (excl. Arklow) = max. 20%
• All other regions = max 30%

Why? 

Job creation is a key priority for government and is part of the remit of Enterprise Ireland. The Job Expansion Fund aims to support job creation in small and medium size enterprises in tandem with a clear development plan for the company.

How? 

EI client companies should speak to their Enterprise Ireland Advisor before submitting an application. If you are not an EI client, please contact your local Enterprise Ireland office to discuss eligibility criteria.

Applicants must submit a completed application form and a project costs sheet by 6pm on the closing date listed on the Job Expansion Fund website. The upcoming closing dates are 17 October 2017, 7 November 2017, 12 December 2017.

Assessment of applications and approval takes approximately eight weeks.

Tips

If you are interested in applying, don’t forget:

• Applicant companies should have 10-250 employees and operate in the manufacturing or internationally traded services sector
• Companies should have been revenue generating for at least two years
• The fund is now available to High Potential Start Up (HPSU) companies
• The jobs created cannot be in the areas of sales or marketing
• Employees must not be agency staff or consultants and must be based in Ireland
• More information is available on the Job Expansion Fund page on the Enterprise Ireland website

On 20 September, SFA Assistant Director, Linda Barry, and members of the SFA National Council met with Tánaiste and Minister for Business, Enterprise and Innovation, Frances Fitzgerald TD.

The meeting centred around the SFA’s four priorities for Budget 2018:

1. Increase the self-employed Earned Income Tax Credit to €1650 to equal the PAYE tax credit
2. Introduce a workable share-based remuneration scheme for employees of small firms
3. Increase the lifetime limit for CGT Entrepreneur Relief to €15 million
4. Increase capital expenditure to 4% of GDP per annum

In each case, the Council members explained to the Tánaiste and her advisors how the issue impacts on their own business and other small firms.

Other issues raised by the SFA included small firm access to public procurement, visas and work permit issues, member experiences of interacting with the Local Enterprise Offices and Brexit.

The SFA delegation also presented the Tánaiste with a copy of the SFA’s ‘Vision for small firms in Ireland’.

The Tánaiste assured the delegation that she wants to keep in close contact with the SFA on all of the issues affecting small business. If there are issues that you would like us to raise with government on your behalf, contact Linda Barry, SFA Assistant Director, on linda.barry@sfa.ie or 01 605 1626.

SME banking has changed radically in recent years but there is little information on the customer experience of business borrowers who get credit from Irish banks, and how/if the new banking delivery models are meeting the needs of Irish SMEs.

The Credit Review Office has put together a short survey to better understand the customer experience for SMEs that get credit. If you have applied for and received bank credit in the last twelve months, we need your views. This survey takes less than 10 minutes to complete and your insights will be invaluable.

Credit Review Office - SME/Farms Experience of Accessing Credit

Please complete by 15 October 2017. All responses will be anonymous.

The Irish Tax Institute has published a 140-page report 'A future tax strategy to grow Irish indigenous exports' which analyses the global opportunities and challenges for the Irish indigenous sector and the relevant mismatches in tax policies that are hindering efforts to grasp global trade opportunities and meet the challenges Ireland faces.

The Irish Tax Institute believes a sharply focused tax strategy for Irish indigenous businesses is now needed if the ambitions to put “resilience” into the Irish economy and grow exports are to be met.

The report is set against the backdrop of a series of warnings on external risks from the IMF, the European Commission, the ESRI and the Department of Finance. Amongst them, our high level of dependency on the UK and US markets and our high level of dependency on multinationals.

In its report the Irish Tax Institute outlines the major factors that will help create the step change in Ireland’s export strategy and the respective tax challenges that are hindering progress, including 20 key tax recommendations in Chapter 11.

Read the report in full. 

Take some time out for your business this Wednesday for an evening of networking and training. 

The SFA are holding our first networking event of the season with Jason Sherlock, legendary Dublin footballer and now Selector with the All-Ireland winning Dublin Football team.

There will be networking opportunities followed by presentations from expert speakers and a panel discussion on flexible working and the benefits it can bring to a small business.  

• Date: Wednesday, 27 September – 5:30pm – 8pm
• Venue: Three, 28/29 Sir John Rogerson’s Quay, Dublin (parking available)
• This event is free to attend but please register online now

Speakers

Jason Sherlock, legendary Dublin footballer and now Selector with the All-Ireland winning Dublin Football team will share his thoughts from personal experience on the performance of teams and how this translates from the pitch to a modern workplace.

Ciara McGuone, SFA Executive will discuss the management of remote workers which include those working from home, in satellite offices and those who drive for work. Ciara will focus on the policies that you should have in place in these situations to meet your obligations as an employer and will look at the health and safety and working time considerations of having these types of workers.

A panel discussion will follow talking to award-winning small businesses and how they have successfully implemented flexible working and the technology solutions available.

Panel participants:

• Jason Sherlock, Selector with the Dublin Football team
• Ciara McGuone, SFA Executive
• Dave Byrne, MD Dualtron
• Darren Fortune, MD Ventac
• Karl McDermott, Head of 3Connected Solutions at Three

Whats on the horizon?

Following a successful event in Limerick last week, the SFA Employment Law Conference in Dublin will inform you of the very latest developments in employment law and provide an opportunity for delegates to share their experiences.

Our expert panel of speakers will examine recent employment law decisions, the impending changes in data protection legislation and provide practical advice as to how to best ensure that your workplace investigations will withstand scrutiny before the Workplace Relations Commission and the Labour Court. In addition, we will be discussing the five principal things your business should be doing before the end of 2017.

The Conference takes place on 9 October in Dublin in Clontarf Castle, Castle Avenue, Clontarf, Dublin 3.

Click here for the full agenda and to book online 

Who should attend?

All owner managers, managers in small businesses and HR professionals who need to build their competence and confidence in the vital area of employment legislation. 

Price

• SFA Member rate: €190 + VAT @ 23% (€233.70)

The SFA Annual Lunch is the highlight of the small business calendar. It is an opportunity to celebrate the contribution that small businesses make to the Irish economy and society.

The SFA Annual Lunch 2017 will take place in the Mansion House in Dublin on Friday, 10 November from 12:30pm - 4:30pm. 

Join over 500 guests, including small business owner-managers, politicians, senior government officials and media for the biggest business lunch of the year for small business. This is also the perfect opportunity to bring together your invited guests, special customers, clients and valued employees to kick off the festive season.

Member rate of €750 + VAT for a table of 10 or €75 + VAT per seat - book your tickets online now. 

Do you or your managers need to develop your project management skills?

The SFA’s Project Management course has been described by a 2016 delegate as: “Excellently delivered course with real life scenarios that I can bring into my role.”

Topics covered include:

• Identifying the life cycle and phases of a project
• Key communication and interpersonal skills
• Ensuring deadlines are agreed and met
• Delivering results every time

Details:

• When: 18 October
• Where: Ibec, 84-86 Lower Baggot Street, Dublin 2
• Cost: €190 per delegate
• Book now by clicking here

Other courses

Booking is now open for the following courses:

• Project Management: 18 October (see here) or 7 December (see here)
• Performance Management and Appraisal Skills: 14 December (see here)
• Foundations in Management:23-24 November (see here)
• Foundations in Employment Law: 30 November-1 December (see here)

The price for SFA members is €190 per person for the one-day courses and €370 for the two-day courses.

For all upcoming events and training courses, see www.sfa.ie/events