Retirement and Age Discrimination

Retirement and Age Discrimination Recent decisions of the Workplace Relations Commission (WRC) and the Labour Court have highlighted the issue of potential age discrimination in the context of retirement from employment. Under the Employment Equality Acts 1998-2015, discrimination is taken to occur where a person is treated less favourably than another, whether directly or indirectly, on the basis that they are of a different age. The prohibition of discrimination on the age ground is subject to two exemptions under the legislation: first, employers can fix ages of retirement and secondly, it is permissible to offer a fixed term ...Read More

October 29th, 2021|

Communication of 20 October 2021 from Minister Mary Butler to Nursing Home Providers

Communication of 20 October 2021 from Minister Mary Butler to Nursing Home Providers On 20 October 2021, a communication was issued by the Office of the Chief Inspector of Social Services on behalf of the Minister for Mental Health and Older People, Ms. Mary Butler T.D., to update Registered Providers on the implementation of the recommendations contained in the Covid-19 Nursing Homes Expert Panel (NHEP) Report of August 2020. These recommendations were particularly focused on short-term actions for the response to Covid-19, but also reflected longer-term strategic reform of nursing home services. Following the recent publication of the ...Read More

October 22nd, 2021|

Nursing Homes Support Scheme (Amendment) Bill 2021 signed into law

Nursing Homes Support Scheme (Amendment) Bill 2021 signed into law The Nursing Homes Support Scheme, commonly known as Fair Deal, has been amended under new legislation which aims to enhance protections for family farms and businesses, and remove any disincentive for those who wish to sell their vacant home while in the Scheme. The changes introduced by the Nursing Homes Support Scheme (Amendment) Act 2021 will mean that after a period of 3 years, the value of a family-owned farm or business will no longer be taken into account when calculating the cost of a person’s nursing home ...Read More

July 28th, 2021|

The Vaccination Conundrum

The Vaccination Conundrum As Ireland’s COVID-19 vaccination programme progresses steadily, a question remains for employers: can employees be required to be fully vaccinated before returning to the workplace? The Government’s view has been made clear; that is, persons above the age of 12 should ideally be vaccinated against COVID-19. However, mandatory vaccination is not permissible in Ireland as there is no legal basis for such. Further, individuals’ personal rights are protected by the Irish Constitution and the European Convention on Human Rights. Vaccination can be encouraged by employers, however. This could mean offering information, bonuses and incentives to ...Read More

July 15th, 2021|

New Registration, Monitoring and Inspection Arrangements of Designated Centres

New Registration, Monitoring and Inspection Arrangements of Designated Centres On 13 July 2021, the Chief Inspector of Social Services issued a Regulatory Notice which applies to Registered Providers of; Designated Centres for Older Persons; Designated Centres for people (Adults and Children) with a disability; and Special Care Units. Registration Applications for registration, renewal of registration and variation of conditions of registration must be made in line with the provisions of the Health Act 2007 as amended, the relevant regulations1, and the guidance set out by the Chief Inspector, available here. All previous notices issued throughout 2020 and 2021 ...Read More

July 5th, 2021|

New HSE Guidelines for Nursing Home Visits

New HSE Guidelines for Nursing Home Visits The statutory framework governing the provision of care services, accommodation and goods within residential care settings, to include nursing homes, is set out in the Health Act 2007, as amended. The Health Act provides for a robust framework for the registration, inspection and on-going regulatory supervision of designated centres in Ireland. Ministerial Regulations together with the HIQA Standards complement the Health Act, and all operators of nursing homes are subject to the regulatory supervision of the Chief Inspector of Social Services. Nursing home providers operate within a heavily regulated sector and ...Read More

December 2nd, 2020|
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