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Seamus Says - Employment Law Discussion

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Data Protection – Disclosing Witness Statements

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 What consideration should we make when disclosing witness statements and evidence as part of a formal disciplinary or grievance process? How do we find a balance between protecting one individual's right to privacy and the other's right to know the case against them, so they have a right to a fair ...
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Our disciplinary policy includes a penalty of gross misconduct for covertly recording meetings. Is this lawful?

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 We recently updated our disciplinary policy to include, amongst other updates, a penalty of gross misconduct for employees who covertly record meetings. Is this lawful? Maybe should they should have asked that before they updated their policies, but there you go, Seamus. Is it lawful? Seamus: Yeah....
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Legal implications of paying a bonus to females returning from maternity leave as a retention tool

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 What if any legal implications are there in having a policy of paying a bonus to females returning from maternity leave as a retention tool to increase the number of female employees in a male-dominated industry? So I suppose the background here is there aren't that many females. They're losing the...
This article is listed under the following topics:
Discrimination and Equality
Features

Consultative Ballots by Trade Unions

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 In relation to industrial relations queries, do you know if trade unions are entitled to hold consultative votes regarding any changes, to terms and conditions presumably, or can employers insist that unions undertake binding votes on any proposals put to their members? Seamus: Well, the idea beh...
This article is listed under the following topics:
Collective and Trade Union Issues
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Addressing difficulties in collection of monitoring forms from candidates for vacancies

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 Gathering monitoring forms isn't an issue with employees, but I'm finding it really difficult to get monitoring forms from candidates for vacancies, and it's well-nigh impossible to apply residuary rule due to the diversity of cultural and national backgrounds. How do we address this? Seamus: Well...
This article is listed under the following topics:
Discrimination and Equality
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Can internal diversity and inclusion councils focus on minority groups of employees?

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 Is it okay for diversity and inclusion councils, that's internal groupings, to focus on minority groups of employees? Seamus: I think this is a good and an interesting question, particularly given now that within our workforces within our offices and there is so much diversity and whether that's di...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
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Overtime Rates for Company Close Down Days

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 If we have the 26th, 27th, 30th, and 31st December as closed days, where employees are on holiday, and we now change to working days, do we have to pay overtime? I thought when that first question came in there, do we have to pay average overtime for the holidays, and the answer is yes. But this is...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
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Dismissal of Temporary Working During Pregnancy

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 The Equality Commission has reported this week on another successful pregnancy discrimination case in which they supported the claimant. Does this case mean that it is not okay to terminate the contract of the temporary worker if they are pregnant even though the contract is at an end? Seamus: I th...
This article is listed under the following topics:
Discrimination and Equality
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Redundancy During Maternity Leave

Posted in: Seamus Says - Employment Law Discussion on 01/11/2019 We have an employee who has been an employee for four years, but during that time has had two pregnancies and has been off ill with related illness. During this time, her role has changed due to the changes in process and introduction of automated systems. How protected are both the employee and t...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
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Can We Ask for Evidence of a Road Traffic Accident from an Employee?

Posted in: Seamus Says - Employment Law Discussion on 04/10/2019 Can we ask for evidence of a road traffic accident from an employe Seamus: Well, potentially, that employee has been off on sick leave and has said that they've had a road traffic accident and the employer isn't sure about that. And certainly you could ask for medical evidence if there has been an ...
This article is listed under the following topics:
Sickness and Absence