Brexit

In the Irish Independent before Christmas, SFA Director Sven Spollen-Behrens was featured in an article on the impact of Brexit and Covid-19 restrictions on tourism and hospitality, calling for a new round of Restart Grants and an extension of the commercial rates waiver.

The Brexit trade deal provides a strong platform for a future positive economic relationship between the EU and the UK.

The Agreement covers many areas of trade and includes an SME chapter. The Agreement commits to providing SMEs with clear and accessible online information about the deal, helping them to trade and do business in each Party’s jurisdiction. This covers customs procedures, intellectual property rights, and public procurement. The Agreement commits each Party to provide for a searchable online database, on measures such as customs duties, taxes, and rules of origin. The Agreement also establishes a framework that will allow the Parties to work together to increase opportunities for SMEs and to report on their activities.

While the Agreement is a welcome relief for Irish business, The SFA is conscious that the trading conditions for small firms with our nearest neighbour will be very different, involving complex customs procedures and more costly transport options. New arrangements with the UK will also impact on services trade and there is much that remains to be clarified. The SFA continues to be here to help and support members at this time of transition. If you have any questions or queries on Brexit please contact elizabeth.bowen@sfa.ie.

Guidance on Transfers of Personal Data from Ireland to the UK 

The Irish Data Protection Commission (DPC) have issued updated guidance on EU-UK personal data transfers. The UK DPC (ICO) have also updated their information on data flows.

Data can continue to flow EU-UK without SCCs for no more than the next 6 months (in which time the EU & UK hope to deliver an adequacy decision as a long-term solution). The SFA believe this is positive but we will need to see a robust EU-UK adequacy decision delivered as agreed by both sides. The alternative is that firms would need to use alternative safeguards such as SCCs as previously advised. Therefore, small firms’ efforts to date on SCCs are not a wasted effort.

After many years of discussion and preparation, the European Commission has finally launched its Food Labelling Information System (FLIS). A direct access link to the FLIS can be found here.

The FLIS has been developed as a tool to help food business operators in implementing the mandatory EU labelling rules. The IT solution enables users to select the food (category) and automatically retrieve the mandatory EU labelling indications in 23 EU languages. It also provides links to relevant legal provisions and existing guidance documents.

The FLIS has no legal effect and is by no means a guarantee for correct compliance; however, it may help to identify legislative requirements that food business operators may have missed or are unaware of.

This tool has been a longtime coming and will be very welcomed by small food operators exporting or planning to export in 2021. 

How can I manage an employee who is refusing to wear a mask? 
The wearing of face masks is recommended by Public Health, the WHO, and the Irish Government. The HSE provide information on who should wear face coverings, and for those who cannot wear them due to medical health reasons, should at least shield their mouth and nose with a visor. The advice would be to consult with high-risk category staff, if you have any at all, and ensure you understand their thoughts/concerns within the workplace. Seek their feedback to make necessary adjustments to the workplace. The control measures implemented by the company are not fixed and can be altered to people’s needs (i.e., some may feel a certain task is done too closely next to a colleague and this task could be revised). The company should be able to stand over its decisions in relation to control measures and ensure there is no more it can be doing to protect the employees’ health and safety.

In terms of refusal to comply, it is important that you document occasions where this employee has been spoken to. It would be advised to invite him/her to a more formal setting if they continue to refuse (outline that to protect colleagues and visitors etc, the company have made face coverings a requirement for moving around the building or dealing with visitors, or full time).

There are two primary pieces of legislation which provides an employer with the authority to do whatever is necessary to ensure the safety of employees, customers, and visitors. Section 8 of the Safety, Health and Welfare Act 2005 and Sec 43 of the 1947 Health Act provide strong onus on employers to do everything practical to ensure a safe place of work.

This legislation protects the employer along with already existing Health & Safety policy which has taken the governmental guidance on board. If there are further breaches i.e., not complying, you will have no other choice but to invite the employee to an investigation/disciplinary meeting for a breach of company policy.  

Have immigration permissions been extended further? 
As per an announcement on the 22 December 2020, Immigration, and International Protection permissions to reside in the State that are due to expire between 21 January 2021 and 20 April 2021 will be automatically renewed by the Minister to the 20 April 2021. This is the sixth, and expected to be the final, extension of permissions implemented since the outset of the pandemic.

The renewal of permission is on the same basis as the existing permission and the same conditions attach. Any permission which was renewed by the previous notices released by the INIS which therefore has a new expiry date between 21 January 2021 and 20 April 2021 is automatically renewed by the notice until 20 April 2021. 
See more here .

How do I select employees for lay-off/short time?    
This is a significant procedural issue which follows the selection redundancy practices. Selection for redundancy needs to be fair and transparent. Part-time employees may not be selected before full-time employees, simply because they are part-time employees. Fixed term employees may not be selected before permanent employees simply because they are fixed-term employees. Selection can be based on LIFO (Last in first out) or based on Selection criteria such as knowledge, critical skills, business commitment and considerations experience etc. Process is to be carried out in a manner which is fair, objective, and consistent. The selection cannot be a means for an employer to filter the poor performers out of the business. It is important to note that whichever selection process is taken will set a company precedence for future lay-off/short time and redundancies.

Can an employee/s on Lay-off / Short-time claim redundancy?  
Restrictions on certain redundancy rights under the Emergency Measures in the Public Interest COVID-19 Act 2020 have been extended again until end of March 2021. As it currently stands, employees on lay-off or short-time will not be able to trigger a redundancy payment if the lay-off or short-time is due to the effects or measures required to be taken by the employer to comply with, or as a consequence of, the Government policy to reduce the spread of infection of COVID-19.

What are the key considerations for remote working?   
Employees should identify a suitable space within their home for remote working. When identifying a suitable space consider:  

• Suitable light, heat, and ventilation to be able to work comfortably,  
• Keeping the workspace tidy,  
• Ensure the floor is clean, dry, and free from slip, trip and fall hazards,  
• Suitably located power sockets to avoid trailing cables and overloading of sockets, and internet access.   

Identify what equipment is required for them to work temporarily from home and agree these items with the employee. Such equipment may include:  

• A headset if dealing with frequent phone calls,  
• IT equipment,  
• Work phone, and 
• Adequate stationery.   

SFA has presented considerations for employers on Remote and Flexible Working which should be considered carefully. There is further detailed guidance and resources available from the Health and Safety Authority here. 

For further information or advice you can visit the Covid-19 resources on the SFA website, and you can also contact Emma Crowley, SFA Executive, on 016051668 or emma.crowley@sfa.ie  

For the last few years, the SFA has brought together over 350 small and large businesses together at this special marketplace event in the Aviva Stadium. This year, we are looking forward to offer Business Connect virtually so everyone can attend the event, and it will also be completely free of charge for the first time.
 
We are delighted to announce that our keynote speaker will be Psychoanalytical Psychotherapist Dr Colman Noctor.  His specialist area of research interest is ‘the impact of technology on our mental lives’, and he is a regular speaker at the Mental Health & Wellbeing Summit.
 
Not only will there be plenty of networking sessions giving you the opportunity to connect with other businesses, building your network and business opportunities, but you will also get the chance to see the SFA National Small Business Awards exhibition with all of our Finalists and Sponsors.
 
Here is a special sneak-peak at what you can expect on the day..
 
Topics will include:

• • Re-setting the Dial for 2021
  • Adapting for Business in a Virtual World
  • Winning with Big Business
  • Looking for Money?

Companies presenting on the day:

• Luzern
• Musgrave
• SuperValu Academy
• RTE
• Flender
• Ibec
• Cisco
• Oriel Sea Salt

And many more!

Register today to reserve your spot; full agenda coming soon. You can also check out the round-ups of our past Business Connect events from 2020 and 2019.

There are two exciting updates to the free 8-week business support programme MentorsWork:

• Companies with between 2-350 are now eligible - previous requirement was a minimum of 5 employees
• The focus of support is to help small businesses get through the third lockdown

This SFA initiative in partnership with Skillnet Ireland is aimed at guiding Irish SMEs through their current business challenges towards stabilisation and recovery from Covid-19.

MentorsWork is also supported by the Strategic Banking Corporation of Ireland (SBCI) and Microfinance Ireland.

The programme is free to SMEs nationwide and is designed to provide the skills and supports to help business owner-managers sustain and improve their business, offering integrated learning supports across four key pillars; People, Finance and Growth, Digitalisation and Automation and Business Processes, all which help businesses to adapt and thrive by improving skills and competencies.

MentorsWork will connect business owners and managers across Ireland with experienced and skilled business mentors to address specific business issues on a one-to-one basis. The programme also offers specialist masterclasses and access to a bespoke online learning platform specially designed for SMEs.

With limited places available, the MentorsWork initiative is open to SME business owners and leaders operating across Ireland and in all sectors of the economy. The programme is free of charge and open to private sector businesses that employ between 3-250 people.

Business owners and managers can apply to participate in MentorsWork here.

For the last few years, the SFA has brought together over 350 small and large businesses together at this special marketplace event in the Aviva Stadium. This year, we are looking forward to offer Business Connect virtually so everyone can attend the event, and it will also be completely free of charge for the first time.
 
We are delighted to announce that our keynote speaker will be Psychoanalytical Psychotherapist Dr Colman Noctor.  His specialist area of research interest is ‘the impact of technology on our mental lives’, and he is a regular speaker at the Mental Health & Wellbeing Summit.
 
Not only will there be plenty of networking sessions giving you the opportunity to connect with other businesses, building your network and business opportunities, but you will also get the chance to see the SFA National Small Business Awards exhibition with all of our Finalists and Sponsors.
 
Here is a special sneak-peak at what you can expect on the day..
 
Topics will include:

• Re-setting the Dial for 2021
• Adapting for Business in a Virtual World
• Winning with Big Business
• Looking for Money?

Companies speaking on the day, who you will get the chance to network with:

• Flender
• Ibec
• Luzern
• Musgrave
• SuperValu Academy
• RTE
• Cisco
• Oriel Sea Salt
• Inspiration Marketing
• Green Angel
• Prosperous Financial Services
• SBCI
• Enterprise Ireland
• PermanentTSB
• MicroFinance Ireland

Register today to reserve your spot; full agenda coming soon. You can also check out the round-ups of our past Business Connect events from 2020 and 2019.

Preparing for the end of the Brexit transition period: Customs Readiness

21 October: Brexit webinar Transferring data between the EU and Britain

SFA/Ibec is partnering with the Irish Data Protection Commission (DPC) to highlight this data protection issue and to present guidance in the absence of an EU data adequacy decision. The briefing will be addressed by Assistant Commissioner Nicola Coogan, Head of International Transfers with the DPC. Ibec Director of EU and International Affairs Pat Ivory will host the session alongside Erik O’Donovan, Ibec Head of Digital Economy Policy, which will include opportunities for your questions to be addressed. As this webinar is exclusively for Ibec member companies, you must register with your company email address.

Our Presenters

• Pat Ivory, Director of EU & International Affairs, Ibec
• Erik O’Donovan, Head of Digital Economy Policy, Ibec
• Nicola Coogan, Assistant Commissioner and Head of International Data Transfers, DPC

Playback the webinar here.

8 October: Preparing to Trade with the UK Post Brexit – how to prepare for Customs

Whatever the shape of the future trading relationship with the UK post transition, trading conditions with the UK will change and businesses need to prepare for that change.  If your business is planning to move goods to, from or through the UK after the transition period ends then this webinar is for you.

In this 30-minute webinar, Carol Lynch, Partner, BDO Customs & International Trade Services looks at how Brexit will impact the import and export goods and the actions small firms will need to take to prepare for after the transition period.  
 
1. What will be different in terms of moving goods as opposed to how they move today? 
2. What is a Customs Declaration? 
3. What information do you need to provide to complete a Customs Declaration? 
4. What supports are there to help you with this? 
5. Where can you get a clearance agent? 
6. Can you complete these declarations in house? 
7. What supporting documents are required? 
8. What is the impact of customs tariffs if there is no Free Trade Agreement? 
9. What is the impact of a Free Trade Agreement? 
10. Case study 

Goods moving from a factory in Ireland through Dublin Port to Liverpool to  
a) sale and delivery to customer 
b) storage in a warehouse pending sale and delivery to customer 
           and the same in return 

Playback the webinar here.