Information on the Law Society is set out below.

• About the Law Society - Director-General, Council and Departments
• Organisation Chart
• History of Blackhall Place

Letter from Ken Murphy

The primary purpose of this Handbook is to set out clearly the main terms and conditions of employment, and to give you sufficient information to acquaint you with the way the Society is structured and its history. It specifies the rights and responsibilities of employees and defines the benefits available.

As with all our other activities, we are constantly evaluating and developing our terms and conditions of employment to ensure that they attract and retain high calibre, enthusiastic employees who are essential to the achievement of our goals. As a consequence of this policy we will from time to time revise our terms and conditions of employment. If you have questions which have not been answered or explained in this Handbook, you should direct them to your Head of Department or the Human Resources Department.

As a valued employee of the Law Society, your contribution to its work is of great significance. We hope that you will find your experience with us to be of value to you personally, that the skills you currently have and those you will develop in the future will contribute to the Society and to your own success and satisfaction.

Ken Murphy
Director General

These terms of employment apply to most staff contracts for employees of the Law Society .

• Flexibility
• Job performance
• Location / transfer
• Medical examination
• Other employments
• Post termination obligations
• Probationary period
• Termination of employment

Flexibility

It is understood that all employees will be reasonably flexible appropriate to the type of work for which he/she is engaged.

Job performance

Each person is expected to bring to the job, to the Department and to the Society his / her best skills, efforts and ideas. By sharing ideas, accepting challenges, talking through concerns or problems, working together and treating others with respect and courtesy, we each contribute to the Society and to our own success and satisfaction. Employees will be expected to develop and maintain job performance standards. Your Manager/ Head of Department and others will work with you to help you learn, plan and carry out your work.

Employee performance includes different factors. Some of the factors are:

• Being at work on time, ready to do the job.
• Meeting job schedules.
• Meeting quality, quantity and costs standards.
• Following safety and health practices.
• Following proper work procedures.
• Maintaining a safe and tidy work area.
• Working effectively with others.
• Treating colleagues with respect and courtesy.
• Making suggestions on how to improve the job and work situation.
• Speaking with your Manager / Head of Department if you have a question, a problem or a concern.
• Demonstrating adaptability and flexibility in work assignments.

During the probationary period the employee will have discussions on performance with their Manager / Head of Department. This is to identify the positive elements of performance and to adjust areas needing correction. On completion of the probationary period an assessment will be carried out by the Manager / Head of Department and will be shared with the employee.

Each employee’s job performance will be continually assessed during the course of employment with the Society. These assessments can occur informally at any time, to recognise unusually good work or to seek improvement where performance has fallen below standards.

Location / transfer

The initial location of an employee’s work base is specified in the Letter of Appointment. However, employees may be required to transfer from one location to another. Transfers may be for a temporary period of time or on a permanent basis. Full consultation will take place between the relevant Head of Department and the employee concerned in advance of the actual date of the transfer.

Return to top

Medical examination

Job offers made by the Society are subject to a satisfactory pre-employment medical examination by the Society’s nominated medical practitioner.

In exceptional circumstances, the Society retains the right to refer an employee for an independent medical examination to determine their fitness for work.

Other employments

No employee may accept work or provide services under a contract of employment or contract for services outside the Society that will conflict with his/her duties, without the prior written consent of the Director General.

No Society employee may maintain any business interest that could lead to a conflict of financial obligations, disloyalty, or disclosure of confidential information.

Post termination obligations

Employees shall make themselves available and give evidence to any Committee of the Society, Tribunal or Court as may be required by the Society arising out of any matter previously dealt with by them in the course of their employment with the Society. The Society shall be liable for and shall pay reasonable expenses incurred by employees in furtherance of their obligations to this provision.

Probationary period

All new employees are required to work a probationary period of six months’ duration, or as specified in their Letter of Appointment. The object of this probationary period is to assess the performance, behaviour and general ability of the new employee while he / she is learning his / her new job and becoming familiar with the Society. The Society will make every effort to provide adequate training and coaching to assist new employees to learn how to perform their duties to the standard required.

If an employee fails to perform adequately during this probationary period their Manager/ Head of Department will inform the employee concerned and offer reasonable advice and assistance. If the employee still fails to reach the standards required and behaviour is not adequate, the employee concerned will not be retained beyond the probationary period.

Return to top

Termination of employment

All employees are expected to give one month’s written notice of their intention to resign (or such other period as specified in their contract of employment). In the case of termination by the Society, one month’s notice or the notice period as out in Section (4) sub-section 2, of the minimum Notice and Terms of Employment Act, 1973-1991 (whichever is greater) or payment in lieu of notice.

Policies on issues such as confidentiality, public statements, and related issues are set out below.

• Acceptance of gifts and gratuities
• Business expenses
• Changes in personal details
• Collections, leaflets and posters
• Computer security/email policy
• Confidentiality
• Dress code
• Equal opportunities
• Commitment to Gender Equality, Diversity and Inclusion
• Personal use of society resources
• Public statements
• References
• Retirement
• Social media policy
• Unnecessary access to data

Acceptance of gifts and gratuities

Conventional gifts, such as cash vouchers of a limited value or bottles of wine, may on occasions be regarded as acceptable, but must in all circumstances be reported to the Head of Department.

Gifts of a substantial nature such as foreign trips are not under any circumstances to be accepted.

Business expenses

Employees will be reimbursed for bona fide expenses necessarily incurred in the performance of their duties. Expenses should be vouched and approved by the Head of Department.

Claim forms for expenses, depending on the circumstances of the expense, are available on the Intranet under Forms & Templates.

Changes in personal details

Any changes of home address, telephone number or any other personal details should be sent to the Human Resources Department as soon as possible.

The Society also requires the particulars of a relative or friend who may be contacted in the event of an emergency.

Collections, leaflets and posters

Notices, posters, advertisements or other documentation, which are not related to company business, are not to be posted on noticeboards or otherwise circulated within the Society, without the permission of the Head of Department. No collection may be made on Society property without the prior approval of the Head of Department.

Computer security / email policy

The computer security policy is necessary to make all employees aware of their responsibility in relation to the Society’s computer systems. All of the Society’s hardware and software will not provide adequate protection unless every employee understands the importance of security, and what the Society expects of them.

The importance of readily available, accurate and comprehensive records and information cannot be understated. The Society depends on this information and therefore considers it to be an important corporate asset. Much of this information is confidential and proprietary.

The integrity, availability and confidentiality of the information assets are critical to the continuing support of our members. Therefore, it is vitally important that the policy in the IT section on the intranet is read and understood by every employee of the Society.

The objective of the e-mail standards incorporated in this policy is to set standards for communicating electronically, both internally and with external customers. E-mail is a business tool, which is there to facilitate communication with our business partners, customers and colleagues.

Because of the threat posed by virus infection for the Society systems, e-mails should not be used for sending jokes, video clips, jpeg images and other non business related items and employees should actively discourage friends from forwarding same. Unsolicited e-mails should be treated with the utmost caution. If in doubt, delete the mail immediately.

For more information, see the IT Policy

Return to top

Telephone / voicemail policy

The objective of the Society’s telephone policy is to set the standard for all employees to communicate with their customers, both external and internal, using the telephone and voicemail systems.

• See the Telephone Standards

Confidentiality

Employees will treat with absolute confidentiality all information and knowledge relating to the affairs of the Society and its members acquired in the course of their employment, and this provision will be deemed to continue to apply following the termination of employment.

Dress code

All employees are required to wear “business formal” attire that is neat, tidy and appropriate to their job.

With effect from November 2019, a “dress down Friday” will occur in the Law Society once per month, on the last Friday of the month.

Exceptions

Remember usual rules apply:

• A “dress down Friday” will not apply where the last Friday of the month falls on a Council Day; in which case usual “business formal” attire would apply.
• If you have a meeting or an appointment with a member or any external person, normal business formal attire applies
• If your job requires wearing Personal Protective Equipment (PPE) (e.g. safety boots, masks, goggles, hi visible vests, hard hats etc.)  You must continue to wear this PPE at all times.

 

Should you have any queries in relation to the dress code policy, please contact the Human Resources Department: hr@lawsociety.ie.

Equal opportunities

The Society is committed to equal opportunity of employment and all employment decisions will be based on merit, qualifications and abilities. No employment related decisions will be influenced or affected by an employee’s race, colour, nationality, religion, sex, marital status, family status, sexual orientation, disability, age or membership of the travelling community.

The Society will strive for recruitment, employment, training and promotion practices and policies that are free of barriers, both systemic and deliberate, that directly or indirectly discriminate against people. This includes those with disabilities, members of racial minorities, women, and all other protected groups.

Training, experience and promotional opportunities are open to all employees of the Society. All decisions made will be based on an employee’s existing skills, knowledge and aptitude required to perform the job effectively and efficiently, to the standards required by the Society both now and in the future.

Return to top

Commitment to Gender Equality, Diversity and Inclusion

The Society is committed to promoting gender equality, diversity and inclusion for our staff, members, trainees and members of the public. That commitment is expressed in our Gender Equality, Diversity and Inclusion Statement. The Society is also a signatory to the Gender Equality, Diversity and Inclusion Charter. Both the GEDI Statement and Charter express the standards of conduct and behaviour expected of staff of the Law Society. Breaches of these Commitments may result in the application of the Society's complaints and/or disciplinary procedures, both of which are detailed in our Employee Handbook.

Return to top

Personal use of society resources

B & B Facility

The use of the B & B Facility at Blackhall Place is a privilege made available to solicitors who are members of the Society on payment of their annual subscription. This facility can only be used by staff members directly in connection with their work. Such use must be approved in advance by the Department Head, who will subsequently be required to approve the allocation of the cost to the appropriate cost centre.

As an exception to this rule staff may use this facility in conjunction with major social events organised by the Society/Social club such as the Christmas party or annual BBQ on the basis that they obtain approval from the Department Head in writing in advance and commit to discharging the full cost of the usage the next morning.

Drinking on the society premises

Blackhall Place is a unique environment in that it provides members’ services including a bar operation.

Bar facilities are available to staff. However, staff members using the bar facilities should observe the normal codes of conduct that would prevail in any members’ club, in particular not drinking to excess.

Personal loans & credit

The bar, catering, petty cash and all other operational areas that carry cash are prohibited from loaning money or advancing credit to staff members for personal use.

Use of taxis and couriers for personal purposes

The Society’s taxi company is currently City Cabs. If you use this company for personal purposes you must book the taxi directly yourself, you must specify that it is not on account and you must pay in cash on completion of the journey. Under no circumstances can you use the Law Society account for personal purposes.

The Society’s courier company may not be used to courier personal items. Unlike taxis which can be paid for at the end of the journey there is no such facility available in relation to couriers.

Public statements

Employees are prohibited from making any public statements to any member of the communications media, to customers, vendors or to anyone concerning the plans, progress, results, problems, projects, policies or any other business of the Society, without the prior approval of the Director General.

The Media Protocol sets out the Law Society’s media relations policies and best practice for any staff dealing with the media.

Return to top

References

References may be written or oral and everything that follows refers to both.

There is no legal obligation on employers to provide references. However, references will be provided by the Society in most cases. The Law Society will do its utmost to provide accurate and fair information in relation to its past employees. Like all employers, the Society owes a legal duty of care not only to the subject of the reference but also to the recipient.

Who may give a reference?

Only a Head of Department or the Director General may give a reference on behalf of the Society.

Verbal reference

No member of staff can give a verbal reference without the prior approval of the Head of Department.

What will happen when a reference is given?

Copies of all references will be passed to the Human Resources Department to be held on the personnel files.

References will only be issued on Law Society headed paper.

Notes will be taken of the details of every telephone reference given and passed to the Human Resources Department.

Retirement

The retirement age for all employees is 65 years or as stated in your contract of employment. All other conditions are in accordance with those conditions as outlined in the Society’s Pension Plan.

The Society has arrangements in place with retirement advisers to provide staff with assistance in the process of planning for retirement. The Society will discharge the cost of one consultation with the retirement advisers nominated by the Society for the employee and his/her spouse/partner. This facility is available for all staff within 5 years of their projected retirement date and may be provided for other staff on application for approval.

Full details are available from the Human Resources Department.

Internal social media policy

This policy covers personal and professional use of social media by staff members, whether in public or private media areas, where you make reference to the Law Society or your colleagues.

The Law Society has an established system for official social media postings and staff members are encouraged to get in touch with the Web and Social Media Coordinator to request posts on the official Law Society social media accounts. Staff members are also expected to assist the Web and Social Media Coordinator to deal with queries received via social media within the four-hour response time.

The Society does not discourage the use of social media by staff members in their own time. However, staff members should be aware of the risks and should engage with social media in an appropriate manner, having regard to the following policy guidelines:

• You are personally responsible for the content you publish on social media. Be mindful that what you publish may be publicly viewable. Take care to understand a website's terms of service.
• If you identify yourself as a Law Society employee on a social media website this increases your obligation to ensure that you use that media in an ethical and responsible manner.
• You should share information appropriately. Posts are visible by people in your network and in some cases can be found via a Google search. What you publish online will be public for a very long time and can potentially stay online forever. As a Law Society employee you have an obligation to ensure that anything you post cannot cause embarrassment to the Society.
• If you do post something online in error, remove it as soon as possible and openly “put it right”. It is advisable to tackle an online crisis as soon as possible to stop it escalating out of control.
• Be aware of your association with the Law Society on social media. If you identify yourself as a staff member, ensure your profile and related content is consistent with how you wish to present yourself to colleagues and the public. Remember to make it clear that you are speaking for yourself and not officially on behalf of the Law Society.
• Should you participate through comments and tweets relating to the Law Society, ensure that you identify yourself as a member of staff.
• The oxygen of social media is content. We encourage you to suggest topics for broadcast by contacting the Web and Social Media Coordinator.
• Respect your audience. Spirited discussions and debates are fine, but you should be respectful of others and their opinions. Be the first to correct your own mistakes.
• You should not disclose information or make comments about the Law Society, your colleagues or your work on behalf of the Law Society other than a general description of the nature of your job.
• Respect the privacy rights of your colleagues. You should not share their personal data, or publish their photos without their permission.
• Never engage in any conduct online that would not be acceptable in the workplace or that is unlawful. Never make derogatory remarks about the Law Society, colleagues or work associates. Never bully, intimidate, or harass other users. Never use insults or post content that is hateful, slanderous, threatening, discriminating or pornographic.
• Respect logo and copyright. You should not use the Law Society logo on any personal websites or postings, unless it automatically appears, such as on a link to a Law Society web page.

Breaches of this policy constitute misconduct. The Law Society reserves the right to investigate as appropriate if it believes that this policy has been breached. The Law Society reserves the right to use any proof of relevant websites or postings as evidence in disciplinary proceedings arising from breaches of this policy.

If there is such a breach the Law Society can request that information and/or comments on websites or posts be amended or removed. Any failure to amend or remove material could constitute misconduct. 

Unnecessary access to data

The Law Society of Ireland holds a large amount of personal and sensitive data about its members, students and sometimes members of the public. Under the Data Protection Acts 1988 - 2017, the Society has an obligation to ensure that only staff members with a business need to access a particular set of personal or sensitive data, are allowed to access this data and that they do so only when it is necessary and appropriate for the business of the Law Society.

What is unnecessary access to data?

If you are accessing or sharing personal or sensitive data it must be necessary and appropriate for you to access or share this data to carry out a specific work task. Any access to data outside of this criterion will be deemed unnecessary access to data.

External examples – what actually happened!

• A Social Welfare officer was disciplined after accessing a well know intercounty GAA player’s Social Welfare records numerous times, for no apparent work reason.
• A member of the Garda Síochána was found to have accessed her ex-boyfriend’s phone records and was disciplined under the Criminal Justice Acts and the Garda Disciplinary Code.
• A Revenue staff member was held responsible for a data breach when he accessed his neighbour's tax returns unnecessarily.
• A bank official was dismissed when he accessed a well known rugby player’s mortgage records and shared his confidential personal data with other people. 

Internal examples – what might happen!

• Reading minutes of a meeting because it involved your own solicitor or looking up your solicitor’s complaints history.
• Checking how much money was awarded to your neighbour from the Compensation Fund.
• Checking what age a solicitor or student is.
• Checking a solicitor’s disciplinary record because he is dating your friend.
• Looking up the exam results of somebody you went to school with.

Auditing Compliance

Access to files containing personal data may be monitored. Spot checks may be carried out and audit trails may be reviewed from time to time.

Breach of Policy

Abuse of user access privileges in unnecessarily accessing another person’s personal data will be treated as a serious disciplinary matter and dealt with in accordance with the Law Society’s disciplinary procedures and may result in a punishment of up to and including dismissal.

Return to top

It is the intention of the Society to safeguard the health, safety and welfare of all its employees by all reasonable and practical means.

The Society and its employees must endeavour to conduct its operations in such a way as to ensure that members of the public are not exposed to unnecessary risks.

It is the Society’s policy to exercise vigilance to detect and, where possible, remove hazards from the workplace, to provide training and instruction to ensure employees perform their work in a safe and proper manner, and to provide safety equipment and clothing where necessary.

Information on health and safety procedures at work is set out below.

• Employee responsibilities
• First Aid
• Personal property
• Smoking policy
• Substance abuse
• Weather alert protocol

Employee responsibilities

The Society expects employees to recognise and undertake their responsibility to work safely and efficiently and to adhere to the Society’s safety rules and regulations while at work. Employees also have a responsibility to report hazards or potentially hazardous situations to their manager.

All employees have a duty while at work to:

• Take reasonable care for their own health and safety and that of other persons who may be affected by their acts or omissions at work.
• Co-operate so far as it is necessary to enable the Society to perform any duty or comply with any requirement imposed under any statutory provision.
• Neither interfere with nor misuse anything provided in the interests of health, safety or welfare.

Employees also have a duty to:

• Avoid taking unnecessary risks.
• Wear the appropriate safety equipment and clothing.
• Report defects in equipment or appliances.
• Report all incidents that have led to or may lead to injury or damage.
• Assist in the investigation of accidents with the aim of introducing controls to prevent their reoccurrence.
• Avoid improvising which may entail unnecessary risks.
• Suggest ways of eliminating hazards.
• Set a personal example.

First Aid

There are First Aid boxes strategically located around the building, and there are a number of staff trained in First Aid. Anyone using the First Aid Box should report the items that have been removed so they can be replaced.

There is also an AED or portable defibrillator unit to be used by trained first aid staff when someone is suspected of suffering from a heart attack. This unit is located in the office behind reception in Blackhall Place.

For incidents in Georges Court, staff can also contact the security officer on duty, who will contact HIQA and one of their trained first aiders will attend.

• See information regarding first aid-trained staff and facilities located in your building under First Aid

Personal property

Good security is the responsibility of each individual and is largely a matter of common sense.

Employees are expected to take care of property, furniture and fittings belonging to or in the care of the Society. Damage of an avoidable nature will be charged to the employee concerned.

The Society does not accept any liability for the loss of or damage to employee’s personal effects or private vehicles parked in its premises and it is in your own interest to ensure that money or other valuables are not left unattended.

Offices while unattended even for the shortest period should be locked. Personal belongings should be locked in a desk drawer and kept out of sight at all times. Security doors should be kept closed at all times, and all visitors should where possible be escorted back to reception.

Return to top

Smoking policy

The Tobacco Smoking (Prohibition) Regulation 2003 came into operation on 29th March 2004. These Regulations, with limited exceptions prohibit smoking in the work place. Consequently, all Law Society controlled buildings are with effect from that date no smoking areas. Please note that this policy extends to the use of e-cigarettes and vapes.

• Main building/gymnasium/print-room at Blackhall Place.
• Education Centre/Wood Lane.
• Four Courts, Solicitors Building.
• Georges Court.
• Bow Street Friary.

In order to accommodate staff and visitors who wish to smoke a number of areas have been designated as smoking areas:

• South quadrant garden (persons attending functions in Presidents’ Hall, Members Lounge, Dinning Room).
• Rear entrance to Lower Ground Floor (staff).
• External entrance, Old Library Bar (staff and students).
• External entrance, Library stairwell (staff and students).
• Main entrance, Library stairwell (staff and students).
• Main entrance, gymnasium (students).
• Entrance canopy, Education Centre (staff and students).
• Front door, Wood Lane (staff).
• Four Courts, main courtyard.
• Bow Street, front door/basement moat.
• 33 manor Street, front door.

All of these locations are provided with suitable ashtrays.

• Smoking, even in inclement weather will not be permitted in the lobby areas adjacent to the above.
• Smoking is not permitted on the steps at the entrance to the main Blackhall Place building.
• Smoking at windows does not conform to the Regulation.
• Staff who smoke should note that they are only entitled to the same breaks as other staff (mid morning and lunch).

Specific areas

Due to the nature of Blackhall Place building and activities there area a number of specific areas to be catered for:

Bars

The three bars (Members’, Students’ and Old Library Bar) are no smoking areas. The procedure to be followed in the event of a breach of the Regulations is:

• Bar person to ask offender to desist (encourage peers also).
• Bar Manager, if on site, to be called.
• If the bar is hosting a specific function, the function organiser will be asked to address the matter.
• Refuse to serve further drink to the individual and his/her party.
• Advise that the bar will be closed, and insofar as is possible make other customers aware of this.
• Close bar.
• Offender asked to leave premises.

President’s car

This falls within the regulation and is a no smoking zone.

B & B accommodation area:

The regulation provides an exception for hotel/guest house accommodation. This will also apply to our B & B bedrooms and smoking is not allowed in the corridor area. Our policy is to actively discourage smoking in this area.

President’s suite:

The accommodation area is in the private residents category and smoking is permitted. In the main room, smoking is permitted, with the permission of the President, once staff working there have left.

Failure to adhere

The following approach will be taken where persons fail to adhere to the smoking policy:

• Staff member: This will be regarded as a disciplinary offence and dealt with under the Society’s disciplinary procedure.
• Student: This will be regarded as a disciplinary offence and dealt with under the Law School disciplinary procedures.
• Visitor:
  • Bar: If an offender does not desist when asked then the primary responsibility will be put on the function organiser to deal with the individual. If the problem persists the Bar Manager may advise the function organiser that the bar facilities will be closed.
  • Elsewhere: The matter will be brought to the attention of the staff member responsible for the visitor’s presence on site.

Substance abuse

Illegal drugs are not permitted on the premises. Any employee who possesses or sells illegal drugs will have their employment terminated immediately and the Gardai will be informed.

Weather alert protocol

• In the event of severe weather, view the Society's weather alert protocol.

Return to top

See information on annual leave, study leave, career leave, and more below.

• Annual leave
• Career breaks - leave of absence
• Carer’s leave
• Compassionate leave
• Course funding/Exam leave
• Force majeure leave
• Illness / injury
• Maternity leave / adoptive leave
• Parent's leave
• Parental leave
• Paternity leave
• Unauthorised absence

Annual leave

Leave entitlements and the procedures to taking annual leave are set out below.

Support staff

Full-time employees are entitled to the following:

Commencement	20 days
After three years	22 days
After six years	23 days

Part-time staff

Annual leave entitlement will be calculated on a pro rata basis in line with Society Policy and the Organisation of Working Time Act 1997.

Executive staff

Full-time executive staff are entitled to the following:

Commencement	20 days
After one year	21 days
After two years	22 days
After three years	24 days
After six years	25 days

This Annual Leave Policy incorporates the provisions of the Organisation of Working Time Act 1997, and will be subject to any further amendments thereof. In addition to Annual Leave entitlement, four privilege days per annum are allowed by the Society, two at Easter and two at Christmas – these days are determined by the Society itself. Information on these days is available under closure days.

Society holidays must be taken within the holiday year, which is 1 January to 31 December. The maximum number of days which may be carried forward to the next leave year is seven. It is not the Society’s policy to pay salary in lieu of vacation which has not been taken during the year specified.

Requests for holidays must be submitted at least one week in advance through the official Application for Annual Leave, and be approved by your Manager. The Society reserves the right to withhold permission for vacations on dates which would interfere with operational requirements.

Return to top

Leave of absence / Career break

The Society’s objective in granting leave of absence is to retain experienced and valued staff who may otherwise resign. From the Society’s perspective the intention is that the individual will return to work on completion of the period of leave. The granting of this leave is at the discretion of the Society and is subject to the exigencies of the organisation, including the ability to replace staff.

Leave of Absence / Career Break is an agreed period of absence from work for:

• Domestic / personal reasons.
• Attendance at an educational course.
• Carrying out full-time voluntary or charitable work.
• Self-development purposes, including travel.

The policy covers all permanent employees with five years service. Employees on fixed term contracts are not eligible to apply.

It is the Society’s policy to consider each request on individual merits. The Society will make every effort to ensure that the policy of equality of opportunity prevails throughout this process.

Employees are required to make requests, in writing, to their Head of Department outlining the reasons for the break and the required time period.

Employees are required to provide at least six months notice prior to taking a career break.

The minimum duration of a career break is six months, and the maximum is 24 months.

The maximum number of breaks is two during employment with the Society. These periods must be at least five years apart and cannot total more than 24 months in aggregate.

Employees intending to work in other employment during the leave must have prior written permission to do so.

Employees are expected to keep up to date with developments in their occupational field during the course of their leave of absence.

Any confidentiality agreements in place during the employment are still applicable during the period of the break.

Employees will receive confirmation of approval of their career break in the form of a letter which they will be required to sign. A copy should be returned to the Human Resources Department prior to the commencement of the break.

The period of time on leave will not be included in the calculations of pension, holiday entitlement, sick pay or redundancy payments. Life assurance and disability benefits under the terms of the Society’s pension scheme is also suspended.

Career breaks will not be granted to employees who are in the process of the disciplinary procedure, or to employees whose pattern of attendance is unsatisfactory, or as an extension of maternity leave. Employees are required to fulfil certain qualifying criteria for career breaks, for example:

• Ensuring that outstanding holiday entitlement is cleared prior to commencing the break.
• Personally investigating their individual position regarding personal taxation and PRSI contributions resulting from the break.
• Arranging payment of VHI contributions due and payable during the break (if applicable).
• Confirming the suspension of voluntary pension contributions (if applicable).

Returning to Work

The Society cannot guarantee that the employee returns to their original position. The Society will endeavour to ensure employment at the same level / status as previously held by the employee, but not necessarily within the same Department or section.

Early return from a career break will not normally be considered.

The employee must confirm in writing to the Society’s Human Resources Department their intention to return not later than 12 weeks before the agreed date of return.

Failure to give the required notice or failure to return on the agreed date will give the Society no option but to terminate the employment.

Return to top

Carer’s leave

This policy is in line with the Carer’s Leave Act 2001, with the principle elements set out below.

The purpose of carer’s leave is to allow time off for employees with at least one year’s continuous service in order to provide full-time care and attention to a relevant person requiring it.

The maximum amount of carer’s leave that can be taken for each relevant person is 104 weeks. The leave can be taken as a continuous block of 104 weeks or, in shorter periods adding up to 104 weeks in total. The Society reserves the right to refuse applications for periods of carer’s leave that are less than 13 weeks, but will give such applications due consideration. If the leave is broken up, the employee will not be entitled to commence another period of leave for the relevant person until at least six weeks has elapsed since the termination of the previous period of leave taken.

The period of carer’s leave is unpaid by the Society and employees are limited in respect of any paid employment which they may undertake during the period of carer’s leave. An employee may be entitled to carer’s benefit (administered by the Department of Social Community & Family Affairs) but entitlement to this benefit is not a condition for entitlement to carer’s leave from the Society. While an employee is on carer’s leave, all statutory and contractual employment rights are protected except the right to remuneration and superannuation benefits/contributions. An employee’s right to annual leave and public holidays is maintained only during the first 13 weeks from the commencement date of the period of carer’s leave.

The person the employee proposes to provide fulltime care and attention for must be deemed a relevant person by a deciding officer from the Department of Social Community and Family Affairs, whose decision will be based on specific medical information of the relevant person. Requests for carer’s leave must go to the appropriate Manager / Head of Department and the Human Resources Department on the Carer’s Leave Form, six weeks prior to the proposed date of commencement. The request must specify the start date, duration and manner in which the leave is to be taken. A written decision from the Deciding Officer must be attached to the form.

Once approval has been granted, the Human Resources Department will produce a Confirmation Document for the employee to sign at least two weeks prior to the date of commencement. Signed copies of all Confirmation Documents will be held by both the employee and the Society. All Society copies will be held on the individual’s personnel file. Employees are not entitled to a period of carer’s leave when another employee of the Society is absent from employment, during the same period, on carer’s leave for the same relevant person.

Employees found abusing their entitlement to carer’s leave may have their carer’s leave entitlement terminated by the deciding officer and will be notified in writing by the Society of his/her expected return date to work. An employee who is on carer’s leave must notify his/her Manager / Head of Department in writing of his/her intention to return to work and the intended date of return, no later than four weeks before his/her intended return.

When carer’s leave ends, the employee will be entitled to return to his/her usual job so far as it is reasonably practicable. However, if this is not possible, the employee will be offered suitable alternative work, with terms and conditions not substantially less favourable than those he/she had in his/her original job. If further information is required, employees should contact the Human Resources Department.

Return to top

Compassionate leave

The purpose of the Society’s compassionate leave policy is to provide time off for employees in the event of loss of a family member.

All employees are covered by the Society’s compassionate leave policy.

The Society understands that, from time to time, employees require time off when they suffer the loss of a family member. The Society will consider an employee’s request for reasonable periods of paid leave. In such circumstances however, compassionate leave will always be granted at the discretion of the Society.

An employee who requires compassionate leave should approach his/her Manager or the Human Resources Department and explain the circumstances.

In the case of death of a spouse, parent or child, up to five days of compassionate leave may be given.

In the case of death of a brother or sister, up to three days of compassionate leave may be given. In the case of death of a grandparent, in-laws, up to two days leave may be given.

Course funding / Exam leave

From time to time the Society receives requests from staff members for funding and / or leave in respect of a course of study which they wish to undertake.

• Download the Learning and Development Policy
• Download the course application form
• Download the exam leave application form

Return to top

Force majeure leave

In the context of the Parental Leave Act 1998, Force majeure leave provides for limited leave with pay in the event of family crises where, owing to the injury or illness of a family member, the presence of the employee is required at the family member’s residence.

Employees will be entitled to up to three days paid force majeure leave in a period of 12 months or up to five days in a period of 36 months. Force Majeure leave is permitted in respect of:

• A parent or grandparent.
• Spouse / Partner.
• Brother / Sister.
• Child.

Part of a day will be considered as a day.

Employees must complete the Force Majeure Leave Form as soon as practical after the leave has been taken and pass it to the Human Resources Department.

Illness / injury

Employees who are not able to report for work due to illness or injury, must personally telephone and speak to their Manager or, in his / her absence, their Head of Department or, in the absence of both of these, the Human Resources Department within an hour of the scheduled start time, so cover can be arranged.

Simply leaving a message with reception or a colleague or leaving a voice-mail is not sufficient. When phoning, the person must specify the cause of illness, indicate the likely return date and draw attention to any work issues that require to be dealt with in their absence. Failure to comply with this notification requirement will be a serious matter.

It is the individual’s responsibility to keep the Society advised of the circumstances of which are preventing them from attending work and of the likely return date.

If the absence exceeds two days, you must obtain a medical certificate which verifies the illness or injury and indicates the probable duration of the absence.

This certificate must be sent to your Manager.

On your return to work after any period of absence, you must immediately complete and sign the Society’s Notification of Absence form and hand it your Manager, or to the head of Department, for their signature. The completed form, with the appropriate documentation attached, should then be sent to the Human Resources Department.

While the Society’s policy is to allow the first two days of sickness without certification, this is at the discretion of the Society. Given that this type of sickness pattern can often be disruptive, the Society is entitled to:

• Request the employee to attend a medical examination by the Society’s doctor.
• Withdraw the privilege of uncertified sick leave. Put the employee on notice that sick pay will not be paid in the event of future absences.

For members of the Society’s Pension Scheme a disability benefit of 75% of basic salary is paid to the employee after 26 weeks of illness/injury. Details of this benefit are outlined in the Pay and Benefits section of this Handbook.

The amount of sick pay an employee is entitled to receive in respect of any period of absence will be calculated using his/her length of service on the day on which the absence starts. Any period during which the employee has received sick pay during the previous twelve months will be counted against his/her entitlement.

Payment during absence through illness/injury

Permanent employees

Subject to receipt of medical certificate the Society will pay your normal basic pay excluding overtime for each day of absence up to a maximum number of days set out below.

• Less than five years service: Three months full pay, one month half pay.
• Five to 10 years service: Four months full pay, one month half pay.
• More than ten years service: Five months full pay, one month half pay.

Fixed term employees

• Less than one years service: One months full pay. If cumulative sickness is greater than one month, or being less than that is of such nature as to render the employee incapable of fulfilling his/her duties, the Society may terminate employment.
• One to three years service: Two months full pay. If cumulative sickness is greater than two months, or being less than that is of such nature as to render the employee incapable of fulfilling his/her duties, the Society may terminate employment.
• More than three years service: Three months full pay. If cumulative sickness is greater than three months, or being less than that is of such nature as to render the employee incapable of fulfilling his/her duties, the Society may terminate employment.

Where contracts of employment specify different entitlements, the terms of the contract will apply.

For members of the Society’s Pension Scheme, a disability benefit of 75% of basic salary is paid to the employee after 26 weeks of illness/injury. Details of this benefit are outlined in the Pay and Benefits section of this Handbook.

The amount of sick pay an employee is entitled to receive in respect of any period of absence will be calculated using his/her length of service on the day on which the absence starts. Any period during which the employee has received sick pay during the previous twelve months will be counted against his/her entitlement.

Where the contract is for a fixed term of five years or more, then the provisions for permanent employees will apply.

Conditions of sick pay

If an employee is absent through illness, for a period in excess of three consecutive days (including Saturdays) the employee is obliged to make an appropriate claim from the Department of Social Welfare. On receipt of such payments, the cheque must be immediately sent to the Human Resources Department.

The Society, at its absolute discretion, may refuse or terminate the payment of sick pay when, in its opinion, any of the conditions below apply:

• The sickness, injury, or length of absence is attributable to negligence, or misconduct, intoxicating liquor or drugs.
• When the Society is not satisfied that the absence is genuinely attributable to sickness or injury of the employee.
• That the illness or injury was sustained in another employment.
• The illness or injury relates to pre-existing conditions, not disclosed at the time of pre-employment medical examination.

The employee must not engage in any other paid work whilst in receipt of sick pay.

Entitlement to sick pay will stop automatically upon termination of employment.

If the absence begins after the notice of termination of employment has been given, sick pay will be payable until the end of the notice period, unless the benefit is exhausted.

Return to top

Maternity leave / adoptive leave

This policy is in line with the maternity protection Act 1994 and 2004 and the Adoptive Leave Act 1995 and 2005, with the principal elements set out below.

The purpose of the maternity policy is to provide time off for female employees who are pregnant or who have recently given birth.

The policy also provides time off for male employees in the event of the death of the mother during, or shortly after, childbirth.

An employee will be entitled to paid leave for antenatal and post-natal care. An employee will receive paid leave for post-natal medical appointments for the first 18 weeks following the birth and for ante-natal medical appointments before the birth.

An employee must give her Manager / Head of Department two weeks written notice of any appointment and must be able to produce a certificate that the visit took place.

If an employee requires, due to urgent medical reasons, an unscheduled ante-natal or post-natal examination, the employee must explain to her Manager / Head of department, no later than one week after the appointment, why the required notice was not given and also must prove that the appointment has been kept.

If an employee meets the notification requirements outlined in this policy, she will be entitled to 26 weeks maternity leave. An employee must take at least two weeks leave before the expected birth of the baby and no less than four weeks after the birth of the baby.

An employee will be entitled to an additional 16 weeks unpaid maternity leave in addition to the 26 weeks, should she require it.

Under the Maternity Protection Act, 1994 and 2004 and the Adoptive Leave Act, 1995 and 2005 an employer is not legally obliged to pay employees while they are on maternity leave. However, subject to the employee having completed two year’s service on the date maternity leave commences, the Society will make up the shortfall between the Social Welfare maternity benefit and the employee’s salary for the first 26 weeks of Maternity Leave. The Society will not pay the employee during any period of additional maternity leave. The employee will sign a letter to confirm that they will return to work in the Society after maternity leave.

In the case of premature birth, the employee’s 26 weeks maternity leave begins immediately and dates from the day of the birth.

An employee must notify her Manager / Head of Department, in writing, of her intention to take maternity leave no later than four weeks before her maternity leave begins. The employee must produce a medical certificate confirming the pregnancy and giving the expected date of confinement.

If an employee wishes to take additional maternity leave, she must notify her Manager / Head of Department in writing of this intention, preferably when she gives written notification of her intention to take maternity leave. Otherwise, no later than four weeks before her intention to return to work.

An employee must notify her Manager / Head of Department in writing of her intention to return to work and the intended date of return, no later than four weeks before her intended return.

When maternity leave ends, an employee will be entitled to return to her usual job so far as it is reasonably practicable. However if this is not possible, the employee will be offered suitable alternative work, with terms and conditions not substantially less favourable than those she had in her original job.

In the case of adoption, the adopting mothers and sole male adopters are entitled to 24 weeks adoptive leave from the date of placement and an additional 16 weeks leave at the end of this 24 week period.

 

Return to top

Parent's leave

This policy is in line with the Parent’s Leave and Benefit Act 2019 which enables a “relevant parent” to take 7 weeks’ parent’s leave which must be taken within 104 weeks of the birth or placement of the birth / adoption of a child.

Parent’s leave will apply to births / placements that take place on or after 1 November 2019. During parent’s leave, employees who have the necessary PRSI contributions are entitled to parent’s leave benefit from the Department of Social Protection.

Scope

Parent’s leave is available to part-time and full-time employees of the Law Society to allow them time off from work within the first two years of the birth or adoption of their child or the child of their spouse or partner. The state-paid parent’s leave benefit is €250 per week, provided the employee has made sufficient PRSI contributions. The Law Society has chosen to top up this amount for employees who have more than 2 years’ service, in which case the Society will make up the shortfall between the Social Welfare parent’s leave benefit and the employee’s net salary for the period of 7 weeks’ parent’s leave.

Conditions

• Parent’s leave is non-transferrable between relevant parents
• An employee who is a relevant parent may avail of parent’s leave in periods of not less than one week at a time
• The leave will commence on the date the relevant parent selects in his / her written notification
• In the case of multiple births, or where two or more children are being adopted at the same time, only a single two-week entitlement of parent’s leave applies.

Applications/General

Requests for parent’s leave must go to the appropriate line manager by completing the approved parent’s leave form no later than 6 weeks prior to the proposed date of commencement.

An employee on maternity leave may take their parent’s leave once their standard maternity leave has concluded. If an employee avails of additional maternity leave, they may take the parent’s leave after both have concluded.

In cases where the Law Society is not the same employer from whose employment maternity leave (or adoptive leave) has been taken, a copy of the medical certificate confirming the pregnancy and specifying the expected due date of birth or placement of the child, must be attached to the parent’s leave form.

Applications for parent’s leave are reviewed by the Director of the relevant Department. Applications are sent to the Director of Human Resources for final approval. In certain cases, applications may be referred to the Senior Management Team.

Once the application has been approved, the Human Resources Department will produce a confirmation document for the employee to sign which will outline payroll arrangements at least 4 weeks prior to the date of commencement of the parent’s leave. Employees must submit their own claim to the Department of Social Protection once their application for parent’s leave has been approved. Claims should be made payable directly to the Law Society.

Abuse of leave

Parent’s leave is granted solely for the purpose of allowing employees time off from work within the first two years of the birth or adoption of their child or the child of their spouse or partner, taking care of the child concerned. This leave may be terminated by the Law Society if it is not used for this purpose, and / or an employee may be subject to disciplinary action, up to and including dismissal.

Postponement of Parent’s Leave by the Law Society

In certain limited circumstances the Law Society may need to exercise its right to postpone an employee’s intended parent’s leave commencement date by up to 12 weeks. Postponement may arise where the Law Society is satisfied that the taking of the parent’s leave at the time specified in the notification would have an adverse effect on the operation of the organisation.

If any postponement resulted in the child reaching 2 years before the leave had been drawn down, the 104 weeks’ cap would be extended by up to 12 weeks.

Early confinement

Where the birth of the child occurs 4 or more weeks prematurely, an employee will be deemed to have complied with their notice of intention to take parent’s leave obligations to the Law Society, once notice is given in the period of 7 days commencing on the date of confinement.

Postponement of Parent’s Leave by an employee

An employee who is a relevant parent may postpone a period of parent’s leave where the date of birth occurs after the date selected by a relevant parent in their notification to the Law Society or where the date of placement is postponed in the case of adoption. The Law Society retains the right to postpone the commencement date for the parent’s leave period.

Additional Note:

The government has provided confirmation of its’ intention to extend this leave by an additional 3 weeks. However, the necessary detail, to include the effective date has not yet been provided. HR will update and communicate this policy to you as soon as this information is available.

Return to top

Parental leave

This policy is in line with the Parental Leave Acts 1998 to 2019, with the principal elements set out below. The purpose of parental leave is to provide unpaid leave to employees who are natural or adoptive parents to take care of their young children.

Scope

Effective 1 September 2020, any full-time or part-time employee with one year’s continuous service who is a natural or adoptive parent or acting in loco parentis is entitled to 26 weeks’ unpaid leave to enable him / her to take care of his / her child. Any part-time employee is entitled to this leave on a pro-rata basis. The leave must be taken before the child reaches 12 years of age.

In the case of a child with a disability, the limit is 16 years of age. The leave may be taken in a continuous block of 26 weeks, two separate blocks of not less than six weeks, with a minimum of 10 weeks between each block, or by agreement with the Society, broken down into pre-planned/patterned time off.

Recent Changes

Changes to this legislation effective from 1 September 2020 are as listed below:

• Employees who have an outstanding balance of their 22 weeks of parental leave and whose child is under 12 years of age are entitled to take the remainder of their untaken leave (and the additional weeks);
• Employees who previously availed of 22 weeks’ parental leave and whose child is under 12 years of age are entitled to a further 4 weeks leave;

Employees who have not previously availed of parental leave and whose child is under 12 years of age are still required to take their parental leave for the child in question in a block of 26 weeks, two separate blocks of not less than six weeks, with a minimum of 10 weeks between each block, or by agreement with the Society, broken down into pre-planned/patterned time off;

• In the case of an adopted child, who is under 10 years at the time of adoption, the leave must be taken before the child reaches 12 years of age. If the child is aged between 10 and 12 years, at the time of adoption, the leave must be taken within two years of the adoption order;
• Each parent has a separate entitlement to parental leave from his or her job, up to 14 of their 26 weeks of parental leave may be transferred between parents working in the same company with the agreement of the employer.

Please note that where a parent has more than one child, no more than 26 weeks’ parental leave may be taken in any one-year period, except in the case of multiple births.

General

All employment rights (e.g. annual leave accrual and entitlement to public holidays) with the exception of remuneration and superannuation benefits (such as pension contributions) are protected while on parental leave.

Should an employee, who is a member of the pension scheme, choose to take a block period of parental leave (attributing to them being off of payroll for a period), their employee and employer pension contributions for that period will cease.

Employees with children who exceed the age limit before the full parental leave entitlement for that child has been taken (and who have less than one year’s service with the Society) may be entitled to a pro-rated leave entitlement. The parental leave entitlement is one week’s unpaid leave for each month of continuous employment.

Periods of training or probation will be extended to take account of the number of weeks’ absence due to parental leave.

Part-time employees will be entitled to parental leave on a pro rata basis. This is calculated on the average number of hours worked per week in the 14-week period prior to the commencement of the parental leave.

Applications

Requests for parental leave must go to the appropriate line manager by completing the approved Parental Leave Form no later than six weeks prior to the proposed date of commencement. A birth certificate for the child must be attached to the parental leave form. Parental Leave applications are reviewed by the Senior Management Team.

If the application is approved, the Human Resources Department will produce a confirmation document for the employee to sign at least four weeks prior to the date of commencement.

If you wish to revoke your notice of intention to take parental leave, you must do so in writing to the appropriate line manager and the Human Resources Department at least four weeks before the leave is due to commence.

Note you can only revoke your notice to take parental leave prior to signing the confirmation document. After both parties have signed the confirmation document, alterations to the document can only be made by agreement between both parties.

Abuse of Leave

You may be subject to disciplinary action, up to and including dismissal, should a period of parental leave be used for any other purpose than taking care of the child concerned. Decisions on abuse of leave will only be made after a thorough investigation has been completed and the disciplinary process has concluded.

Sickness while on Parental Leave

In the event that you become ill while on parental leave, and are unable to take care of your child, you are required to inform the Society. The period of parental leave will be suspended and the sick leave procedure will be applied, which will require you to submit medical certificates.

Postponement of Leave

In cases where leave could have an adverse effect on the business, the Society has the right to postpone commencement for up to six months. Such a requirement will always be discussed with the employee, and then put formally in writing.

Signed copies of all confirmation documents will be held by both the employee and the Society. All Society copies must be passed to the Human Resources Department and held on the employee’s personnel file.

• Download the parental leave form

 

Return to top

Paternity leave

The Paternity Leave and Benefit Act 2016 enables a “relevant parent” to take two weeks paternity leave which must commence within the first 26 weeks of the birth/adoption of a child. Subject to eligibility and notification criteria being met, paternity leave will apply to births/placements that take place on or after the 1 September 2016. During paternity leave, employees who have the necessary PRSI contributions and hold a Public Services Card are entitled to paternity benefit from the Department of Social Protection.

Purpose

Paternity leave is available to eligible members of staff to allow them time off from work around the birth or adoption of their child or the child of their spouse or partner.

Scope

This policy covers all part-time and full-time employees of the Law Society provided that they meet the conditions outlined below.

Eligibility to take paternity leave

Paternity leave is available to employees who are deemed to be the “relevant parent” of a child. Only one person who is a “relevant parent” in relation to a child can be entitled to paternity leave in respect of that child. There is no qualifying period for entitlement to paternity leave.

Under the Paternity Leave and Benefit Act 2016 a “relevant parent” is defined as:

• In the case of a child who is, or is to be, adopted:

  1. Where the child is, or is to be, adopted jointly by a married couple of the same sex, the spouse chosen by that couple to be the relevant parent for the purposes of this Act.
  2. In any other case, the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child.

• In any other case:

  1. The father of the child.
  2. The spouse, civil partner or cohabitant, as the case may be, of the mother of the child.
  3. A parent of the child under Section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act.

Entitlements and conditions

The following conditions apply to taking paternity leave.

• Subject to eligibility and notification criteria being met, paternity leave will apply to births/ placements that take place on or after the 1 September 2016.
• An employee who is a relevant parent may avail of a continuous period of two weeks paternity leave. The leave entitlement must be taken as a block of two weeks and cannot be fragmented into smaller periods of leave.
• Paternity leave can begin at the time of the birth/adoption or within 26 weeks of the birth/placement of the child. The leave will commence on the date the relevant parent selects in his/her written notification. It should be noted that paternity leave cannot commence earlier than the expected date of birth or date of placement of the child and cannot commence later than 26 weeks after date of birth or the date of placement of the child.
• In the case of multiple births, or where two or more children are being adopted at the same time, only a single two week block of paternity leave applies.
• Paternity leave must be used to assist in the provision of, care to the child or to provide support to the relevant adopting parent or mother of the child, as the case may be, or both.

Applying for paternity leave

The Manager / Head of Department must be notified, in writing, by the employee, at least four weeks before the employee intends to take the leave. A medical certificate confirming the date of expected date of birth/certificate confirming the expected day of placement must accompany this notice. The request must specify the commencement date of the period of leave.

• Download the Paternity Leave Form

Early confinement

Where the birth of the child occurs 4 or more weeks prematurely, an employee will be deemed to have complied with their notice of intention to take parent’s leave obligations to the Law Society, once notice is given in the period of 7 days commencing on the date of confinement.

Postponement of paternity leave due to late birth/postponed adoption placement

An employee who is a relevant parent may postpone a period of parent’s leave where the date of birth occurs after the date selected by a relevant parent in their notification to the Law Society or where the date of placement is postponed in the case of adoption. The Law Society retains the right to postpone the commencement date for the parent’s leave period.

Postponement of paternity leave due to illness of the relevant parent

In the event that an employee becomes ill before a period of paternity leave has commenced, the period of leave may be postponed. Notification of a request to postpone the leave due to illness must be received by the Society as soon as possible after becoming ill and must be accompanied by a medical certificate. The employee must follow up in writing confirming the request to postpone the leave as soon as is reasonably practicable but not later than the day on which the postponed leave begins. The leave may be postponed until such time as the relevant parent is no longer sick. The period of postponed leave must commence not later than seven days after the relevant parent is no longer sick or another date as agreed between the relevant parent and the Society, but must end not later than 28 weeks after the date of birth or day of placement. The employee must notify the Society when they intend to take the postponed paternity leave not later than the day the employee commences the leave.

Postponement of paternity leave when the child is hospitalised

If the child is hospitalised, the employee may request in writing to postpone all or part of their paternity leave. Postponement of paternity leave in such circumstances is subject to approval by the Society. The Society will respond to the request for postponement as soon as practicably possible with a decision on the matter.

Where the Society agrees to postpone the leave, the leave will be postponed with effect from a date agreed by both parties. The employee will return to work on a date agreed by the Society and employee. The postponed leave, which must be taken in a continuous block not later than 7 days after the discharge of the child from hospital or such other date as may be agreed upon between the employee and the Society. The employee must notify the Society when they intend to take the postponed paternity leave not later than the day the employee commences the leave.

It is important to note that if the employee falls ill during the period of postponement of paternity leave, and requests to be viewed as being on sick leave from work, the employee will forfeit the remainder of the paternity leave which cannot be taken at a later date following the period of sick leave.

Payment during leave

During paternity leave, relevant parents who have the necessary PRSI contributions are entitled to paternity benefit from the Department of Social Protection. Claims should be made on a PB1 form, which is available from the Department of Social Protection, and the Society will complete form PB2 confirming eligibility to Paternity Leave.

The relevant parent must have a Public Services Card to apply for Paternity Benefit. If the relevant parent does not already have a Public Services Card, he/she can make an appointment to get one at www.mywelfare.ie.

Subject to the employee having completed two years’ service on the date the paternity leave commences, the Society will make up the shortfall between the social welfare paternity benefit payment and the employee’s wages/salary.

Transferred paternity leave

Where a relevant parent entitled to paternity leave in relation to a child dies, an employee who is the surviving parent of the child will be entitled to the leave. This entitlement exists up to 28 weeks after the date of birth or day of placement of the child.

Annual leave and public holidays

While on paternity leave employees retain the right to accrue annual leave and public holidays as if the employee had not been absent from work.

Abuse of paternity leave

Where the Society has reasonable grounds for believing that an employee who is on paternity leave is not using the leave for the purpose for which it is intended, the Society may, by notice in writing given to the employee, terminate the leave and the notice will contain a statement in summary form of the grounds for terminating the leave and will specify the day by which the employee must return to work. If, following an investigation, an employee is found to have abused this leave, her or she may be subject to action under the disciplinary procedure, up to and including dismissal.

Employment protection

An employee who is absent on paternity leave will be treated as if the employee had not been absent. At the end of the paternity leave, the employee will be entitled to return to their original job under terms and conditions no less favourable than those that would have applied if they had not been absent.

Unauthorised absence

If you are absent from work for reasons other than genuine illness or injury, or for some purpose for which you have not been authorised in advance, disciplinary action may be taken in line with the disciplinary procedure. Payment for unauthorised absence will not be made.

Return to top

Information on the pay and benefits provided to employees of the Law Society is set out below.

• Death in service benefit
• Disability benefit
• Overtime
• Pension scheme
• Salary / wages

Death in service benefit

Employees are automatically covered for the life assurance lump sum benefit from the date of joining the Society to the date of retirement at 65. As the death benefits are underwritten by an Insurance Company, employees may be asked to undergo a medical examination in respect of these benefits from time to time.

Should an employee die in service before normal retirement date, a lump sum benefit of four times his/her basic salary will be paid to or for the benefit of one or more of his/her relatives or dependents and will generally be free from all taxes. It can be paid to the employee’s estate but may be liable for inheritance tax if this is the case.

Although the trustees have absolute discretion in allocating payment, an employee may indicate the person or persons he/she wishes to receive the benefit by using the Expression of Wish form available from the Human Resources Department. The employee’s wishes are not binding on the trustees but will normally be taken into account.

If the employee’s circumstances change he/she should complete a new form as soon as possible and pass it to the Human Resources Department.

Disability benefit

A separate disability benefit scheme is in place to provide benefits during periods of prolonged sickness or disability. This scheme operates in conjunction with the Society’s Pension Scheme although the benefits are insured through a separate policy.

If an employee who is a member of the Society’s Pension Scheme becomes permanently disabled due to illness or injury for a period in excess of 26 weeks, a benefit of 75% of his/her salary, less the single person’s state sickness benefit, will be paid until he/she returns to work, leaves the Society or reaches normal retirement date or dies.

Full details of this benefit are available from the Human Resources Department.

Return to top

Overtime

Normal working hours are specified in an employee’s Letter of Appointment.

It is the policy of the Society to endeavour to complete normal work tasks within specified working hours. However, it is recognised that this will not always be possible. Employees are expected to work reasonable amounts of overtime when requested.

Overtime payments will not be made to executive staff.

Full-time staff

Overtime will be paid at the agreed Society rate for non-executive staff as follows:

• All overtime must be approved in advance by the appropriate Manager.
• Overtime payments will only apply to hours worked in excess of normal full-time working hours in any work period.
• In order to qualify for overtime payments the employee concerned must complete the necessary time sheets and comply with the overtime payments procedure.
• Overtime premiums of time plus half will be paid for hours worked in excess of the standard working hours.
• Double time will be paid for Saturday, Sunday and Bank Holidays when not part of the normal hours / working week.

Part-time staff

Part-time staff will be paid at their standard hourly rate, for hours worked up to the standard full-time working hours for the position held.

Part-time staff will be paid overtime when hours worked are in excess of the standard full-time working hours for the position held.

Time off in lieu

Time off in lieu of overtime worked will be at the discretion of the Head of Department, but not accepted as standard procedure. When agreed it will be based on the principle of hour for hour.

Pension scheme

The Society provides a pension scheme for permanent staff with the qualifying service of one year.

As a member of the Pension Scheme, the employee will be asked to contribute towards the cost of providing retirement benefits. These contributions will be deducted in weekly/monthly instalments which start when the employee becomes a member of the scheme, and cease upon early retirement, earlier withdrawal or leaves the employment of the Society. The State Retirement Pension will also be paid in addition to the Society’s Pension.

Full details of the scheme are outlined in a separate Pension Booklet available from the Human Resources Department. You can access information on the performance of the scheme, including annual reports, on the Intranet under Staff Pension Scheme. 

Salary / wages

Initial salaries / wages are specified in Letters of Appointment which are issued to all employees on joining the Society.

Salaries are paid by credit transfer directly into bank accounts on the 25th day of each month (one month in arrears).

Wages are paid by credit transfer directly into bank accounts on Thursday of each week (a week in arrears).

A Salary Advice Note is provided to each employee and any queries should be immediately raised with your Manager to ensure they are quickly resolved.

All statutory deductions (P.A.Y.E., P.R.S.I. etc.) will be deducted from salaries / wages.

Details of the Society’s disciplinary and grievance procedures, including the policy regarding bullying and harassment, are set out below.

• Bullying, harassment and sexual harassment policy
• Disciplinary procedure
• Grievance procedure

Bullying, harassment and sexual harassment policy

The Society is committed to providing all of its employees with an environment free from bullying, harassment and sexual harassment. All employees are required to comply with this policy. Appropriate measures will be taken to seek to ensure that bullying, harassment and sexual harassment does not occur. The Society’s disciplinary procedure will be invoked in respect of any employee who violates this policy and may result in disciplinary action up to dismissal. The policy applies to employees both in the workplace and at work-associated events in the course of employment such as meetings, conferences and work- related social events, whether on the premises or off-site. The policy applies to bullying, harassment and sexual harassment not only by fellow employees but also by others, where the circumstances are such that the Society ought reasonably to take steps to prevent the bullying, harassment or sexual harassment.

Definition of bullying

Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once-off incident, is not considered to be bullying.

Definition of harassment

Harassment on the grounds of marital status, family status, race, age, religion, sexual orientation, disability, or membership of the Traveller community is any unwanted conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. The unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material. A single incident can constitute harassment on any of these grounds. It need not be repeated.

Definition of sexual harassment

Sexual harassment is any form of verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

The unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other materials. A single incident can constitute sexual harassment. It need not be repeated.

Complaints procedure

There is both an informal and formal procedure to deal with the issues of bullying, harassment and sexual harassment at work.

All complaints received will be treated seriously and any investigation will be completed as quickly as possible.

Informal procedure

It is generally preferable for all concerned that complaints of bullying, harassment and sexual harassment are dealt with informally whenever possible. This is likely to produce solutions which are speedy, effective and minimise embarrassment, distress and the risk of breaching confidentiality.

Thus, in the first instance a person who believes that he/she is the subject of bullying, harassment or sexual harassment should ask the person they consider to be responsible to stop the alleged offensive behaviour. If a person finds it too difficult to do this on his/her own, the person may seek help and advice on a confidential basis from the Human Resources Department.

Having consulted with the Human Resources Department, the complainant may request assistance in raising the issue with the person(s) against whom the complaint is made. In this situation the approach of the Human Resources Department will, where possible, be by way of a confidential, non-confrontational discussion with a view to resolving the issue in an informal low-key manner.

A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing not to use the informal procedure will not reflect negatively on a complainant in the formal procedure.

The Human Resources Department may decide that the informal procedure is not appropriate and refer it to the formal procedure.

It is recognised that it may not always be possible to use the informal procedure, particularly where the alleged bullying, harassment or sexual harassment is serious or where the people involved are at different levels in the Society. In such instances, the employee should use the formal procedure set out below.

Formal procedure

Where a formal complaint is being made, then the employee should contact their supervisor/manager or Head of Department as soon as possible. If this is inappropriate, then the employee should contact the Human Resources Department. The person making the complaint will generally be required to put his/her complaint in writing and sign the written complaint.

In the interests of natural justice, the person(s) against whom the complaint is made will be notified in writing of the nature of the complaint, given a copy of the complaint, informed of his or her right to representation and will be given every opportunity to rebut the complaint made.

The complaint will be subject to an initial examination by the supervisor/manager, Head of Department or the Human Resources Department with a view to determining an appropriate course of action. An appropriate course of action at this stage, for example, could be exploring a mediation solution. Should such an approach be deemed inappropriate or inconclusive, a formal investigation of the complaint by the Head of Department or other person(s) deemed appropriate by the Society will take place, with a view to seeking to determine the facts and the credibility or otherwise of the complaint(s).

Whilst it is desirable to maintain utmost confidentiality, once an investigation of an issue begins, it may be necessary to interview other staff and other potential witnesses. If this is so, the importance of confidentiality will be stressed to them. Any statements taken from witnesses will be given to the person making the complaint and the person(s) against whom the complaint is made, who will be given a reasonable opportunity to comment on such statements before any finding is made in the investigation.

When the investigation has been completed, both parties will be given the written findings, which will state whether or not the complaint has been upheld.

Both parties will be given a reasonable opportunity to comment on the written findings before any action is decided upon by the Head of Department or appropriate person, as determined by the Society.

Action post investigation

Where a complaint is upheld it will be regarded as serious misconduct and will be treated as such under the Society’s disciplinary procedure. Records of any warnings for bullying, harassment or sexual harassment will remain on the employee’s file in accordance with the Society’s disciplinary policy and may be used if any further offences occur.

Checks will be made by the person(s) investigating the complaint or the appropriate person, as determined by the Society, to ensure that the bullying, harassment or sexual harassment has stopped and that there is no victimisation. Any adverse treatment of an employee as a reaction to complaining, representing an employee, being a witness, taking part in an investigation concerning bullying, harassment or sexual harassment or giving notice of an intention to do any of these things is a serious disciplinary offence.

Malicious or Vexatious Complaints

If a complaint is found to be malicious or vexatious, the Society’s disciplinary procedure will be invoked and appropriate disciplinary action up to and including dismissal may be imposed.

Confidentiality

Strict confidentiality and proper discretion will be maintained, as far as possible, to safeguard both parties.

At all times and in the interests of natural justice, the complainant and the person(s) against whom the complaint is made should refrain from generally discussing the complaint in the workplace but should follow the procedure as outlined above.

Further Information

All questions relating to the execution or interpretation of this policy should be referred to the Human Resources Department.

Bullying, Harassment and Sexual Harassment by Others

Complaints of bullying/harassment/sexual harassment by others should be raised with your Head of Department, who will seek to determine what action should be taken.

Return to top

Disciplinary procedure

The Society expects good standards of conduct and work performance from all employees and acknowledges that for the majority of employees the question of disciplinary action is unlikely to arise. In situations where disciplinary action is necessary, the Society wishes to ensure that it is exercised in a fair and reasonable manner with due regard to the rights and responsibilities of all parties concerned. In the interest of ensuring that all employees get a fair opportunity to rectify any problems of conduct or performance in regard to the Society’s standards, the following procedure will apply.

• Where the disciplinary procedure applies
• Stages in the disciplinary procedure
• Information regarding the disciplinary procedure

Where the disciplinary procedure applies

The disciplinary procedure may be used in cases of conduct and/or performance classified as follows:

• Serious misconduct.
• Misconduct.
• Repetition or combination of offences (which may result in offences being classified as serious misconduct or misconduct).
• Competence (quality of work or aptitude).

Some examples of offences, which can be considered as gross misconduct or misconduct are given below. However, the seriousness of an offence normally would be determined by all of the relevant circumstances and the examples given are not exhaustive.

Misconduct

Examples of behaviours that might be classified as misconduct include:

• Persistent bad time-keeping.
• Persistent unauthorised absence.
• Time wasting.
• Deliberate minor damage to Society property.
• Failure to observe Society procedures (e.g. failing to give proper notice of unexcused absences).

Persistent breaches of the above may fall into the realm of serious misconduct.

These offences are not exclusive or exhaustive and offences of a similar nature will be dealt with under this procedure.

Serious misconduct

Examples of behaviours that might be classified as serious misconduct include:

• Stealing or any other act of dishonesty or abuse of Society property.
• Intoxication by reason of drink or drugs to the extent of interfering with an employee's work at the Society.
• Breach of terms and conditions of employment.
• Deliberate or repeated breaches of security or safety which endangers personnel / visitors or property of the Society.
• Disclosure of confidential information to unauthorised persons.
• Threatening or abusive conduct towards another employee or visitor to the Society.
• The bringing of criminal charges or a conviction for a criminal offence which occurred outside of employment but which is relevant to that employment (theft, assault, sex related offences) may after consideration by the Society result in disciplinary action.
• Persistent minor breaches of discipline or repetitive misconduct.
• Serious and persistent inadequacies in the performance or quality of an employee’s work.

These offences are not exclusive or exhaustive and offences of a similar nature will be dealt with under this procedure.

Stages in the disciplinary procedure

Stage one: verbal warning

An employee may be given a verbal warning by their immediate superior. The relevant conduct or deficiency, what must be done to attain an acceptable standard and the consequences of continuing below standard will be pointed out. A note of this warning will be placed on the employee’s file and will be removed after six months if performance has been satisfactory. The Society will confirm in writing that a warning has been removed from the file.

Stage two: written warning

If an employee’s conduct or performance does not improve to an acceptable standard within a reasonable time or if conduct and performance (serious misconduct) is such as to merit commencing disciplinary proceedings with a written warning, an immediate superior may issue a written warning which must be countersigned by the Department Head. The employee in question must be given two working days notice of the hearing, an outline of the complaint and advised that the hearing may be followed by the issue of a written warning. The Human Resources Department or other Executive nominated by the Director General should be present at the hearing. A copy of a warning resulting from this process will be placed on the employee’s file and will be removed after 12 months if performance has been satisfactory. The Society will confirm in writing that a warning has been removed from the file.

Stage three: Final written warning

If an employee fails to reach the required standard within a reasonable time or if the offence is so grave as to merit commencement of disciplinary procedures at this stage the employee may be given a final written warning by the Departmental Head or in the case of an Executive by the Director General. The employee in question must be given, in writing, two working days notice of any hearing, an outline of the complaint and advised that the hearing may be followed by the issue of a final written warning. A copy of a warning resulting from this process will be placed on the employee’s file and will be removed after 12 months if performance has been satisfactory. The Society will confirm in writing that a warning has been removed from the file.

Stage four: Dismissal

If, despite warnings given/action taken, an employee’s conduct or performance is still not acceptable to the Society or if the offence is so grave as to merit commencement of disciplinary procedures at this stage an employee may be dismissed by the Director General. The employee must be given, in writing three working days notice of the hearing, an outline of the complaint and advised that the outcome of the hearing could lead to dismissal. The relevant Department Head will also attend this hearing.

Information regarding the disciplinary procedure

Suspension

If conduct or performance is of a serious nature or is likely to interfere with the efficient running of the Society, an employee may be suspended, with pay, by any Director or in the case of an Executive by the Director General. Normally suspension will be with pay pending investigation of conduct or performance. The Director or Director General will make every effort to deal with the complaint as quickly as practicable. Once suspended an employee will not be entitled to have access to any of the Law Society’s premises or any of its records except with the prior consent of the Society and subject to such conditions as may be imposed.

Right to be represented

It must be stressed that at all stages of the disciplinary procedure an employee has the right to representation, in line with the Statutory Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000). A representative for the purpose of the code includes a colleague of the employee’s choice and a registered trade union but not any other person or body unconnected with the Society.

Right of Appeal

In the event of an employee being dissatisfied with the outcome of a disciplinary hearing the decision may be appealed through the process laid down in the grievance procedure. Dismissal decisions should be appealed under the appropriate legislation.

Right to Receive Assistance to Effect Improvement

If in order to effect improvement or achieve the desired standards of conduct an employee requires assistance, the employee should request assistance, in the first instance, from their immediate superior. If the employee is dissatisfied with the level of assistance given then the employee should use the grievance procedure to have this issue resolved.

Co-operation with an Investigation

Employees are expected to co-operate with any disciplinary investigation. Failure by an employee to co-operate with a disciplinary investigation may lead to disciplinary action being taken against them. Employees who have been asked to co-operate with any disciplinary investigation regarding another employee are entitled to be accompanied by a fellow employee of their choice at all times. Where appropriate, if allegations or complaints have been made about an employee, the source of the allegation or complaint should be advised and the employee concerned should be allowed to confront or question witnesses.

Penalties

The outcome of disciplinary proceedings may result in any of the following:

• A formal verbal warning (noted on personal file).
• A written warning (which subject to the seriousness of the matter under investigation may be deemed to be a final warning).
• A final written warning.
• Suspension with pay.
• Suspension without pay.
• Some other appropriate disciplinary sanction short of dismissal.
• Dismissal.

These examples are not exhaustive or exclusive.

Return to top

Grievance procedure

In the interest of fairness and justice and to ensure the proper conduct of business, certain provisions to deal with matters of grievance and discipline are necessary. In the first instance, as a general rule, efforts should be made to resolve issues between an employee and his / her Supervisor / Manager on an informal or private basis.

This procedure is intended to deal with both individual and collective issues.

• If you have any grievance, which you consider genuine in respect of any aspect of your employment, you have a right to a hearing as set out below. You may at any stage in the procedure be accompanied by another employee of the Society who may, if you wish, speak on your behalf.
• Any grievance relating to your employment should, in the first instance, be raised with your Manager or the Society’s Human Resources Department.
• You may be required to state your grievance in writing at this stage.
• Having enquired into your grievance your Manager or the Human Resources Department will discuss the matter with you and notify you, as soon as practicable of his / her decision and the basis for same.
• If the matter has not been resolved at this stage or you wish to appeal any decision, the matter may be referred, within where possible three working days from receipt by you of the decision, to your Department Head or if the grievance involves your Department Head to the Deputy Director General.
• Having enquired into your grievance the Department Head/Deputy Director general will discuss it with you will notify you as soon as practicable of his/her decision and the basis for same.
• In the event of the grievance not being resolved at this stage then matters should be referred to a meeting at which you may be represented by a full time union official or a representative of your choice. Management will normally be represented by the Director General or delegate as appropriate.
• In the event of the grievance not being resolved through the above process, the matter may be referred by either party to an external industrial relations service e.g. Workplace Relations Commission for mediation or for a hearing by an adjudicator. If the matter is not resolved by an external industrial relations service then it may be referred to the Labour Court for a full court hearing. No party will refuse an invitation to attend Workplace Relations Commission or Labour Court hearing.
• In the event of a dispute arising in regard to work tasks or responsibilities an employee should carry out the instructions as given (unless it would create a health or safety risk), under protest if necessary, and the issue resolved through this procedure.

In the case of members of Mandate no form of industrial action will take place until the above procedure has been fully exhausted and until one weeks' notice in writing from that Union has issued and has expired.

Return to top

The Law Society of Ireland strives to provide a productive and equitable work environment.

The Society respects the employee’s right to communicate directly with their Manager / Head of Department or the Human Resources Department regarding any terms and conditions of employment.

If you experience any problems on the job, bring your concerns to your Manager / Head of Department who is always willing to discuss any work-related problems with you on a direct person-to-person basis.

We trust that this Handbook is helpful to you in understanding the policies and procedures developed to assist us operate to optimum effectiveness and in the creation of a good working environment. If there are any aspects about which you are uncertain or if you seek further clarification, please consult with your immediate Manager / Head of Department or the Human Resources Department who will be pleased to assist you in any way possible.

We wish you well in your career with the Law Society of Ireland and look forward to your positive contribution.