Security ERO Update

Are you involved in the security industry? Here's everything you need to know about the latest Employment Regulation Order (ERO) updates. Implementation Date: The first phase of the proposed ERO was supposed to be effective from 1^st April 2017, but it has not yet been signed off by the Minister. It is unlikely that an ERO will be approved with a retrospective date, so we can assume that the date of the first phase will change from the 1^st April 2017 to either the 1^st May 2017, or the 1^st June 2017, depending upon the date of approval. Meanwhile, the existing ERO will continue to remain in force until the attached is signed into law. There is an understanding that the commencement date of the new ERO will allow sufficient time to notify all industry stakeholders. Changes in the ERO:

• Hourly Rate: Currently there is a flat minimum €10.75 hourly rate. This will be increased by 8% on a phased basis as follows:
  • 30c to €11.05 per hour. This was supposed to take effect on 1^st April 2017 but will now likely be 1^st May or 1^st June as outlined above.
  • 30c to €11.35 per hour from 1^st April 2018;
  • 30c to €11.65 per hour from 1^st April 2019.
• Minimum Hours: Interestingly, the new ERO promises employees minimum weekly working hours.
  • The ERO states that “[w]orkers who enter the industry will be offered a contract of employment with a minimum of 24 hours per week after 6 months’ service”.
  • However, it goes on to state that this rule only applies to “new workers” and will not have any bearing on the existing agreements with existing employees.
  • Furthermore, the ERO goes on to state that, in respect of new workers, “[i]f it is required for operational purposes that the contract hours available are less than 24 hours per week, and it is demonstrably so, then this clause will not apply and new workers may be employed for hours that are less than provided for in the ERO.”
• Minimum Day Rate: Aside from minimum hours and hourly rates, the ERO states that “[w]hen a security worker is called in to carry out a Shift/ Duty comprising of less than four hours, this will attract a minimum of four hours’ pay.”
  • It is not surprising to see this in the ERO as it is a big focus from unions over recent years. Expect to see this in future EROs in other industries also.
• Bereavement Leave: This new policy will mean that every employer must have a bereavement policy which guarantees at least one paid day off in respect of certain family members:
  • “All employers are required to have a bereavement policy or procedure in place which provides for paid bereavement leave to include a minimum of one day’s pay in respect of the death of an immediate family member (parent, child, sibling, spouse, grandparent, grandchild).”
• Sick Pay: The length of service thresholds for when an employee becomes entitled to sick pay has been reduced by 6 months at each stage. For example, the three-week benefit that used to apply after 24 months’ service now applies after 18 months’ service.
  • After 18 months’ service - 3 weeks’ benefit
  • After 30 months’ service - 4 weeks’ benefit
  • After 42 months’ service - 5 weeks’ benefit
• TUPE: Where a TUPE transfer takes place the ERO sets out that the outgoing contractor must provide the workers with specific information on their terms and conditions in advance of the date of transfer.
• Trade Unions: The ERO specifically states that “Each employment contract will include the name of the recognised Trade Union with representation/ organisation rights in the employer, where appropriate.”

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