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Seamus Says - Employment Law Discussion

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Redundancy and Fixed Term Contracts

Posted in: Seamus Says - Employment Law Discussion on 15/05/2019 Where there is a fixed term contract covering a career break, which exceeds one year. At the termination of this contract, is the person entitled to redundancy? Scott: Well, having been there two years. Even though the post is not redundant, but the person is redundant. Presumably, it is a dismissa...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
Features

Data Protection Impact Assessments

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Should employers conduct a DPIA if there is merely the potential for the processing of personal data and processing is ancillary to the main activity? Scott: We'll maybe skip on the question there, Hannah, because we have a question in about DPIA, Data Protection Impact Assessments, and it kind of ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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Should all HR processes be documented for GDPR purposes?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Scott: All HR processes that involve personal information or information that might identify an individual should be documented and certainly risk assessed. Seamus: Yes. Absolutely. It's part of your audit that you're carrying out, and you shouldn't just do an audit last year whenever the regulatio...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures
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Redundancy Consultation and Pay Cuts

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If, during a consultation for redundancy, 10 employees agree to a pay cut to avoid job losses, but one employee does not agree, so there are 11 employees in total, can I select that person who stands out for redundancy? Seamus: The short answer is no, absolutely not. And I think if you think around...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
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Must commission be factored in when calculating redundancy payments?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Does commission need to be factored in when calculating redundancy payments? Seamus: Well, this is another interesting one because there can always be a view taken whenever you're looking at redundancy that you're calculating the standard statutory position. So you go online and you work out what t...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
Features

GDPR and Obtaining Consent for Employment Reference Checks

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Should employers obtain signed consent from prospective employees when checking references? If so, when is the best time to do this? Seamus: This has come around because now we've got GDPR in place and everybody is very concerned and uptight and thinking that we need consent for everything - "we ne...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection
Features

Can an employee on maternity leave be made redundant?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If a redundancy situation arises and the post-holder is on maternity leave, can they be made redundant? Hannah: So, yes, you can make someone redundant that's on maternity leave. But if you're making that person redundant because they're pregnant or they're on maternity leave, then that will be dis...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
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How long should a written warning be kept on file?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Can you advise what is deemed to be a reasonable amount of time for a first formal written warning on an employee record? Is 12 months deemed excessive? Hannah: Well, basically, there's no set timeframe that you should put down for your warnings. What we do generally look through is that LRA Code ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
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Data Protection – Emailing Sensitive Data

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Is there any recommendation for human resources in relation to sending information via email? Scott: It depends on the confidentiality, the sensitivity of the information. Seamus: Absolutely. And, you know, the potential for human resource managers are that you're going to have medical records and...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Features

Mistakes in disciplinary/grievance processes – what recourse is available?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If a panel, either a grievance or a disciplinary panel, makes a mistake, which is discovered after the outcome letter has been sent to the employee, what recourse does the employee have to reconvene the panel to correct the mistake? And this could be because they perhaps strayed outsi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures