Latest in Seamus Says - Employment Law Discussion

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Seamus Says - Employment Law Discussion

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Calculating Pay During Suspension

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Scott: This question is about calculating pay during suspension. Could I seek a view on paying staff regular overtime whilst on precautionary suspension? Scott: So presumably there's been some kind of disciplinary reference and you've put the person off work whilst you investigate. So what's your v...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
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Specifying working hours on a contract of employment

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Is it necessary to specify working hours on a contract of employment? For example, daily hours of work as required although a guideline is 8:00 to 18:00 and during the weekend as required although as a guideline you will be expected to work 1 weekend in 3. However, you must be prepared to work ever...
This article is listed under the following topics:
Contracts of Employment
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How should employers calculate holiday pay for zero hours or casual hours based on the PSNI decision?

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 How do you calculate holiday pay for zero hours or casual hours based on the PSNI decision? Is that just trying to figure out the average hours of people over a proper reference period? Seamus: Yes, I think the one thing I would highlight on that is that you can calculate on hours and sometimes peo...
This article is listed under the following topics:
Working Time and Leave
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How to define ‘regularity’ in relation to holiday pay

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Scott: So we don't know the reference period. It could be 12 months. It could be 12 weeks. It could be longer. It could be less. But 12 months seems, felt fair for most people. But when you look at redundancy payments and such, like in terms of the employment, it's 12 weeks if you go back. So it's ...
This article is listed under the following topics:
Working Time and Leave Pensions Policies and Procedures
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Should travel time be included in holiday pay?

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 If travel time is paid, working say on a project, so this is again really goes to the complexity of the thing, so it's a project. So it becomes normal but only for the duration of that project. Where does that come in? Scott: Now, this isn't travel allowances. This is travel time. So, Hannah, have...
This article is listed under the following topics:
Working Time and Leave
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Implications of PSNI holiday pay case for employers who took action following Bear Scotland case

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 "We as a company have been paying enhanced holiday pay on the first 20 days since 2014 when the Bear Scotland case came out. Do we need to do anything further at present?" Scott: And this comes down to what's the liability effectively at the end of the year? Because the Court of Appeal decision was...
This article is listed under the following topics:
Working Time and Leave
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Should employers conduct a holiday pay audit in light of the PSNI case?

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Note: for more context around the answer to this question, please read this article in conjunction with the answer below. Seamus: You've got to carry out an audit, and you've got to identify through that audit: Are we a business that has a lot of overtime? How do we pay that overtime, and what do w...
This article is listed under the following topics:
Working Time and Leave
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Following the PSNI holiday pay case - what should employers do?

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 If an employer has not taken any action to recalculate holiday pay, what do you recommend they do now? I think it was interesting following on from the last webinar that we did that the issues are fairly relevant and fairly out there, and certainly the poll tells us that there is steps that the emp...
This article is listed under the following topics:
Working Time and Leave
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What is the limit on carryover holiday when an employee returns from sick leave?

Posted in: Seamus Says - Employment Law Discussion on 01/08/2019 Scott: An employee who has been offered long-term sick leave for several years is due to return to work. He has accrued approximately 80 weeks of annual leave, or has he? Can we apply statutory entitlement of 20 days, or must we apply the contractual entitlement of 25 days per annum, (which is actu...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave
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Should expired disciplinary warnings be completely erased?

Posted in: Seamus Says - Employment Law Discussion on 07/06/2019 Should expired disciplinary warnings be completely erased and not used, as case law has suggested, for reasons other than disciplinary purposes? Or could we use them for example for redundancy selection? Seamus: Again, interesting question and I'll keep this brief in light of our timing here. And ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures